H. B. No. 621 As Introduced

As Introduced

127th General Assembly

Regular Session

2007-2008

H. B. No. 621

Representatives Stewart, J., Strahorn

A BILL

To amend sections 101.37, 109.57, 109.572, 117.102,

121.36, 121.37, 124.11, 124.23, 124.241, 124.38,

135.801, 135.802, 135.803, 140.03, 140.05,

145.297, 305.14, 307.10, 307.86, 309.10, 319.16,

325.19, 329.06, 1751.01, 1751.02, 2108.521,

2151.421, 3109.18, 3301.07, 3301.52, 3301.53,

3301.55, 3301.57, 3301.58, 3314.022, 3314.99,

3317.01, 3317.02, 3317.024, 3317.03, 3317.032,

3317.05, 3317.051, 3317.052, 3317.07, 3317.15,

3317.20, 3319.22, 3319.99, 3323.01, 3323.02,

3323.021, 3323.03, 3323.04, 3323.05, 3323.09,

3323.091, 3323.12, 3323.141, 3323.142, 3326.99,

3701.93, 3701.932, 3701.933, 4109.06, 4141.29,

4511.21, 4511.75, 5101.35, 5101.46, 5101.611,

5111.151, 5111.871, 5111.872, 5111.873, 5123.033,

5123.04, 5123.042, 5123.043, 5123.044, 5123.046,

5123.047, 5123.048, 5123.049, 5123.0411,

5123.0412, 5123.0413, 5123.0416, 5123.081,

5123.082, 5123.16, 5123.166, 5123.169, 5123.171,

5123.172, 5123.18, 5123.19, 5123.191, 5123.211,

5123.351, 5123.36, 5123.37, 5123.371, 5123.372,

5123.373, 5123.374, 5123.375, 5123.38, 5123.41,

5123.47, 5123.50, 5123.52, 5123.542, 5123.60,

5123.602, 5123.61, 5123.611, 5123.613, 5123.614,

5123.63, 5123.64, 5123.71, 5123.711, 5123.74,

5126.01, 5126.02, 5126.021, 5126.022, 5126.023,

5126.024, 5126.025, 5126.027, 5126.028, 5126.029,

5126.0210, 5126.0211, 5126.0212, 5126.0213,

5126.0214, 5126.0215, 5126.0216, 5126.0217,

5126.0218, 5126.0219, 5126.0220, 5126.0221,

5126.0222, 5126.0223, 5126.0224, 5126.0225,

5126.0226, 5126.0227, 5126.0228, 5126.0229,

5126.03, 5126.031, 5126.032, 5126.033, 5126.034,

5126.037, 5126.038, 5126.04, 5126.041, 5126.042,

5126.044, 5126.045, 5126.046, 5126.05, 5126.051,

5126.052, 5126.054, 5126.055, 5126.056, 5126.058,

5126.059, 5126.0510, 5126.0511, 5126.0512,

5126.06, 5126.07, 5126.071, 5126.08, 5126.081,

5126.082, 5126.09, 5126.10, 5126.11, 5126.12,

5126.121, 5126.13, 5126.14, 5126.15, 5126.18,

5126.19, 5126.20, 5126.201, 5126.21, 5126.22,

5126.221, 5126.23, 5126.24, 5126.25, 5126.252,

5126.253, 5126.254, 5126.26, 5126.27, 5126.28,

5126.281, 5126.29, 5126.30, 5126.31, 5126.311,

5126.313, 5126.33, 5126.331, 5126.333, 5126.34,

5126.36, 5126.41, 5126.42, 5126.43, 5126.45,

5126.46, 5126.47, 5126.49, 5126.50, 5126.54,

5126.55, 5126.57, 5126.58, 5126.59, 5126.61,

5126.62, 5126.99, 5153.16, 5153.99, 5543.011,

5705.091, 5705.14, 5705.191, 5705.222, 5705.28,

5705.44, 5735.142, and 5815.28; to enact section

5126.011 of the Revised Code; to amend Sections

269.20.40, 269.20.80, 269.20.90, 269.30.50,

337.30.30, 337.30.40, 337.30.60, and 337.40.30 of

Am. Sub. H.B. 119 of the 127th General Assembly,

to amend Section 337.30.43 of Am. Sub. H.B. 119 of

the 127th General Assembly, as subsequently

amended, to amend Section 201.60.30 of H.B. 496 of

the 127th General Assembly, and to amend Section

231.20.30 of Am. Sub. H.B. 562 of the 127th

General Assembly to change the name of county

boards of mental retardation and developmental

disabilities to county boards of developmental

disabilities and to make similar name changes for

certain county funds.

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

Section 1. That sections 101.37, 109.57, 109.572, 117.102,	66
121.36, 121.37, 124.11, 124.23, 124.241, 124.38, 135.801, 135.802,	67
135.803, 140.03, 140.05, 145.297, 305.14, 307.10, 307.86, 309.10,	68
319.16, 325.19, 329.06, 1751.01, 1751.02, 2108.521, 2151.421,	69
3109.18, 3301.07, 3301.52, 3301.53, 3301.55, 3301.57, 3301.58,	70
3314.022, 3314.99, 3317.01, 3317.02, 3317.024, 3317.03, 3317.032,	71
3317.05, 3317.051, 3317.052, 3317.07, 3317.15, 3317.20, 3319.22,	72
3319.99, 3323.01, 3323.02, 3323.021, 3323.03, 3323.04, 3323.05,	73
3323.09, 3323.091, 3323.12, 3323.141, 3323.142, 3326.99, 3701.93,	74
3701.932, 3701.933, 4109.06, 4141.29, 4511.21, 4511.75, 5101.35,	75
5101.46, 5101.611, 5111.151, 5111.871, 5111.872, 5111.873,	76
5123.033, 5123.04, 5123.042, 5123.043, 5123.044, 5123.046,	77
5123.047, 5123.048, 5123.049, 5123.0411, 5123.0412, 5123.0413,	78
5123.0416, 5123.081, 5123.082, 5123.16, 5123.166, 5123.169,	79
5123.171, 5123.172, 5123.18, 5123.19, 5123.191, 5123.211,	80
5123.351, 5123.36, 5123.37, 5123.371, 5123.372, 5123.373,	81
5123.374, 5123.375, 5123.38, 5123.41, 5123.47, 5123.50, 5123.52,	82
5123.542, 5123.60, 5123.602, 5123.61, 5123.611, 5123.613,	83
5123.614, 5123.63, 5123.64, 5123.71, 5123.711, 5123.74, 5126.01,	84
5126.02, 5126.021, 5126.022, 5126.023, 5126.024, 5126.025,	85
5126.027, 5126.028, 5126.029, 5126.0210, 5126.0211, 5126.0212,	86
5126.0213, 5126.0214, 5126.0215, 5126.0216, 5126.0217, 5126.0218,	87
5126.0219, 5126.0220, 5126.0221, 5126.0222, 5126.0223, 5126.0224,	88
5126.0225, 5126.0226, 5126.0227, 5126.0228, 5126.0229, 5126.03,	89
5126.031, 5126.032, 5126.033, 5126.034, 5126.037, 5126.038,	90
5126.04, 5126.041, 5126.042, 5126.044, 5126.045, 5126.046,	91
5126.05, 5126.051, 5126.052, 5126.054, 5126.055, 5126.056,	92
5126.058, 5126.059, 5126.0510, 5126.0511, 5126.0512, 5126.06,	93
5126.07, 5126.071, 5126.08, 5126.081, 5126.082, 5126.09, 5126.10,	94
5126.11, 5126.12, 5126.121, 5126.13, 5126.14, 5126.15, 5126.18,	95
5126.19, 5126.20, 5126.201, 5126.21, 5126.22, 5126.221, 5126.23,	96
5126.24, 5126.25, 5126.252, 5126.253, 5126.254, 5126.26, 5126.27,	97
5126.28, 5126.281, 5126.29, 5126.30, 5126.31, 5126.311, 5126.313,	98
5126.33, 5126.331, 5126.333, 5126.34, 5126.36, 5126.41, 5126.42,	99
5126.43, 5126.45, 5126.46, 5126.47, 5126.49, 5126.50, 5126.54,	100
5126.55, 5126.57, 5126.58, 5126.59, 5126.61, 5126.62, 5126.99,	101
5153.16, 5153.99, 5543.011, 5705.091, 5705.14, 5705.191, 5705.222,	102
5705.28, 5705.44, 5735.142, and 5815.28 be amended and section	103
5126.011 of the Revised Code be enacted to read as follows:	104

Sec. 101.37. (A) There is hereby created the joint council on	105
mental retardation and developmental disabilities. The joint	106
council shall consist of three members of the house of	107
representatives appointed by the speaker of the house of	108
representatives, not more than two of whom shall be members of the	109
same political party, three members of the senate appointed by the	110
president of the senate, not more than two of whom shall be	111
members of the same political party, and the director of mental	112
retardation and developmental disabilities. At least one member of	113
the joint council appointed by the speaker of the house of	114
representatives and at least one member appointed by the president	115
of the senate shall be a member of the house or senate committee	116
with primary responsibility for appropriation issues and at least	117
one member appointed by the speaker and at least one member	118
appointed by the president shall be a member of the house or	119
senate committee with primary responsibility for human services	120
issues.	121

Members of the joint council shall be reimbursed for their	122
actual and necessary expenses incurred in the performance of their	123
official duties, provided that reimbursement for such expenses	124
shall not exceed limits imposed upon the department of mental	125
retardation and developmental disabilities by administrative rules	126
regulating travel within this state. Members shall receive no	127
other compensation.	128

The joint council shall organize itself within fifteen days	129
after the commencement of each regular session of the general	130
assembly by electing a chairperson and vice-chairperson. The joint	131
council may meet upon the call of the chairperson, the director,	132
or on the request of any three members.	133

Members of the joint council who are appointed from the	134
general assembly shall serve until the expiration of their terms	135
in the general assembly. Any vacancies occurring among the general	136
assembly members of the joint council shall be filled in the	137
manner of the original appointment.	138

(B) The joint council shall do all of the following:

139

(1) Appoint the original members of the citizen's advisory	140
council at any institution under the control of the department of	141
mental retardation and developmental disabilities that is created	142
after November 15, 1981;	143

(2) Make final determinations in any dispute between the	144
director of mental retardation and developmental disabilities and	145
a citizen's advisory council concerning the appointment of members	146
to the citizen's advisory council, as provided for in section	147
5123.092 of the Revised Code;	148

(3) Receive reports from citizen's advisory councils on or	149
before the thirty-first day of January of each year, as required	150
by section 5123.093 of the Revised Code;	151

(4) Receive reports as appropriate concerning extenuating	152
circumstances at institutions under the control of the department	153
of mental retardation and developmental disabilities;	154

(5) Conduct reviews and make recommendations to the director	155
of mental retardation and developmental disabilities with respect	156
to any disputes between the department of mental retardation and	157
developmental disabilities and entities that have entered into	158
contracts with the department for the provision of protective	159
services to individuals with mental retardation or developmental	160
disabilities;	161

(6) Provide the director of mental retardation and	162
developmental disabilities with advice on legislative and fiscal	163
issues affecting the department of mental retardation and	164
developmental disabilities, county boards of ~~mental retardation~~	165
~~and~~ developmental disabilities, persons with mental retardation or	166
developmental disabilities, and providers of services to persons	167
with mental retardation or developmental disabilities and on	168
related issues the director requests the joint council to address;	169

(7) On behalf of the director of mental retardation and	170
developmental disabilities, advocate to the general assembly	171
legislative issues about which the joint council has provided	172
advice to the director.	173

(C) Reports and any correspondence received by the joint	174
council shall be deposited with the legislative service	175
commission, which shall retain them for not less than three years	176
after the date of deposit.	177

Sec. 109.57. (A)(1) The superintendent of the bureau of	178
criminal identification and investigation shall procure from	179
wherever procurable and file for record photographs, pictures,	180
descriptions, fingerprints, measurements, and other information	181
that may be pertinent of all persons who have been convicted of	182
committing within this state a felony, any crime constituting a	183
misdemeanor on the first offense and a felony on subsequent	184
offenses, or any misdemeanor described in division (A)(1)(a),	185
(A)(8)(a), or (A)(10)(a) of section 109.572 of the Revised Code,	186
of all children under eighteen years of age who have been	187
adjudicated delinquent children for committing within this state	188
an act that would be a felony or an offense of violence if	189
committed by an adult or who have been convicted of or pleaded	190
guilty to committing within this state a felony or an offense of	191
violence, and of all well-known and habitual criminals. The	192
person in charge of any county, multicounty, municipal,	193
municipal-county, or multicounty-municipal jail or workhouse,	194
community-based correctional facility, halfway house, alternative	195
residential facility, or state correctional institution and the	196
person in charge of any state institution having custody of a	197
person suspected of having committed a felony, any crime	198
constituting a misdemeanor on the first offense and a felony on	199
subsequent offenses, or any misdemeanor described in division	200
(A)(1)(a), (A)(8)(a), or (A)(10)(a) of section 109.572 of the	201
Revised Code or having custody of a child under eighteen years of	202
age with respect to whom there is probable cause to believe that	203
the child may have committed an act that would be a felony or an	204
offense of violence if committed by an adult shall furnish such	205
material to the superintendent of the bureau. Fingerprints,	206
photographs, or other descriptive information of a child who is	207
under eighteen years of age, has not been arrested or otherwise	208
taken into custody for committing an act that would be a felony	209
or an offense of violence who is not in any other category of	210
child specified in this division, if committed by an adult, has	211
not been adjudicated a delinquent child for committing an act	212
that would be a felony or an offense of violence if committed by	213
an adult, has not been convicted of or pleaded guilty to	214
committing a felony or an offense of violence, and is not a child	215
with respect to whom there is probable cause to believe that the	216
child may have committed an act that would be a felony or an	217
offense of violence if committed by an adult shall not be	218
procured by the superintendent or furnished by any person in	219
charge of any county, multicounty, municipal, municipal-county,	220
or multicounty-municipal jail or workhouse, community-based	221
correctional facility, halfway house, alternative residential	222
facility, or state correctional institution, except as authorized	223
in section 2151.313 of the Revised Code.	224

(2) Every clerk of a court of record in this state, other	225
than the supreme court or a court of appeals, shall send to the	226
superintendent of the bureau a weekly report containing a summary	227
of each case involving a felony, involving any crime constituting	228
a misdemeanor on the first offense and a felony on subsequent	229
offenses, involving a misdemeanor described in division (A)(1)(a),	230
(A)(8)(a), or (A)(10)(a) of section 109.572 of the Revised Code,	231
or involving an adjudication in a case in which a child under	232
eighteen years of age was alleged to be a delinquent child for	233
committing an act that would be a felony or an offense of	234
violence if committed by an adult. The clerk of the court of	235
common pleas shall include in the report and summary the clerk	236
sends under this division all information described in divisions	237
(A)(2)(a) to (f) of this section regarding a case before the	238
court of appeals that is served by that clerk. The summary shall	239
be written on the standard forms furnished by the superintendent	240
pursuant to division (B) of this section and shall include the	241
following information:	242

(a) The incident tracking number contained on the standard	243
forms furnished by the superintendent pursuant to division (B) of	244
this section;	245

(b) The style and number of the case;

246

247

(d) The date that the person was convicted of or pleaded	248
guilty to the offense, adjudicated a delinquent child for	249
committing the act that would be a felony or an offense of	250
violence if committed by an adult, found not guilty of the	251
offense, or found not to be a delinquent child for committing an	252
act that would be a felony or an offense of violence if committed	253
by an adult, the date of an entry dismissing the charge, an entry	254
declaring a mistrial of the offense in which the person is	255
discharged, an entry finding that the person or child is not	256
competent to stand trial, or an entry of a nolle prosequi, or the	257
date of any other determination that constitutes final resolution	258
of the case;	259

(e) A statement of the original charge with the section of	260
the Revised Code that was alleged to be violated;	261

(f) If the person or child was convicted, pleaded guilty, or	262
was adjudicated a delinquent child, the sentence or terms of	263
probation imposed or any other disposition of the offender or the	264
delinquent child.	265

If the offense involved the disarming of a law enforcement	266
officer or an attempt to disarm a law enforcement officer, the	267
clerk shall clearly state that fact in the summary, and the	268
superintendent shall ensure that a clear statement of that fact is	269
placed in the bureau's records.	270

(3) The superintendent shall cooperate with and assist	271
sheriffs, chiefs of police, and other law enforcement officers in	272
the establishment of a complete system of criminal identification	273
and in obtaining fingerprints and other means of identification of	274
all persons arrested on a charge of a felony, any crime	275
constituting a misdemeanor on the first offense and a felony on	276
subsequent offenses, or a misdemeanor described in division	277
(A)(1)(a), (A)(8)(a), or (A)(10)(a) of section 109.572 of the	278
Revised Code and of all children under eighteen years of age	279
arrested or otherwise taken into custody for committing an act	280
that would be a felony or an offense of violence if committed by	281
an adult. The superintendent also shall file for record the	282
fingerprint impressions of all persons confined in a county,	283
multicounty, municipal, municipal-county, or multicounty-municipal	284
jail or workhouse, community-based correctional facility, halfway	285
house, alternative residential facility, or state correctional	286
institution for the violation of state laws and of all children	287
under eighteen years of age who are confined in a county,	288
multicounty, municipal, municipal-county, or multicounty-municipal	289
jail or workhouse, community-based correctional facility, halfway	290
house, alternative residential facility, or state correctional	291
institution or in any facility for delinquent children for	292
committing an act that would be a felony or an offense of violence	293
if committed by an adult, and any other information that the	294
superintendent may receive from law enforcement officials of the	295
state and its political subdivisions.	296

(4) The superintendent shall carry out Chapter 2950. of the	297
Revised Code with respect to the registration of persons who are	298
convicted of or plead guilty to a sexually oriented offense or a	299
child-victim oriented offense and with respect to all other duties	300
imposed on the bureau under that chapter.	301

(5) The bureau shall perform centralized recordkeeping	302
functions for criminal history records and services in this state	303
for purposes of the national crime prevention and privacy compact	304
set forth in section 109.571 of the Revised Code and is the	305
criminal history record repository as defined in that section for	306
purposes of that compact. The superintendent or the	307
superintendent's designee is the compact officer for purposes of	308
that compact and shall carry out the responsibilities of the	309
compact officer specified in that compact.	310

(B) The superintendent shall prepare and furnish to every	311
county, multicounty, municipal, municipal-county, or	312
multicounty-municipal jail or workhouse, community-based	313
correctional facility, halfway house, alternative residential	314
facility, or state correctional institution and to every clerk of	315
a court in this state specified in division (A)(2) of this section	316
standard forms for reporting the information required under	317
division (A) of this section. The standard forms that the	318
superintendent prepares pursuant to this division may be in a	319
tangible format, in an electronic format, or in both tangible	320
formats and electronic formats.	321

(C)(1) The superintendent may operate a center for	322
electronic, automated, or other data processing for the storage	323
and retrieval of information, data, and statistics pertaining to	324
criminals and to children under eighteen years of age who are	325
adjudicated delinquent children for committing an act that would	326
be a felony or an offense of violence if committed by an adult,	327
criminal activity, crime prevention, law enforcement, and criminal	328
justice, and may establish and operate a statewide communications	329
network to gather and disseminate information, data, and	330
statistics for the use of law enforcement agencies and for other	331
uses specified in this division. The superintendent may gather,	332
store, retrieve, and disseminate information, data, and statistics	333
that pertain to children who are under eighteen years of age and	334
that are gathered pursuant to sections 109.57 to 109.61 of the	335
Revised Code together with information, data, and statistics that	336
pertain to adults and that are gathered pursuant to those	337
sections.	338

(2) The superintendent or the superintendent's designee shall	339
gather information of the nature described in division (C)(1) of	340
this section that pertains to the offense and delinquency history	341
of a person who has been convicted of, pleaded guilty to, or been	342
adjudicated a delinquent child for committing a sexually oriented	343
offense or a child-victim oriented offense for inclusion in the	344
state registry of sex offenders and child-victim offenders	345
maintained pursuant to division (A)(1) of section 2950.13 of the	346
Revised Code and in the internet database operated pursuant to	347
division (A)(13) of that section and for possible inclusion in the	348
internet database operated pursuant to division (A)(11) of that	349
section.	350

(3) In addition to any other authorized use of information,	351
data, and statistics of the nature described in division (C)(1)	352
of this section, the superintendent or the superintendent's	353
designee may provide and exchange the information, data, and	354
statistics pursuant to the national crime prevention and privacy	355
compact as described in division (A)(5) of this section.	356

(D) The information and materials furnished to the	357
superintendent pursuant to division (A) of this section and	358
information and materials furnished to any board or person under	359
division (F) or (G) of this section are not public records under	360
section 149.43 of the Revised Code. The superintendent or the	361
superintendent's designee shall gather and retain information so	362
furnished under division (A) of this section that pertains to the	363
offense and delinquency history of a person who has been convicted	364
of, pleaded guilty to, or been adjudicated a delinquent child for	365
committing a sexually oriented offense or a child-victim oriented	366
offense for the purposes described in division (C)(2) of this	367
section.	368

(E) The attorney general shall adopt rules, in accordance	369
with Chapter 119. of the Revised Code, setting forth the procedure	370
by which a person may receive or release information gathered by	371
the superintendent pursuant to division (A) of this section. A	372
reasonable fee may be charged for this service. If a temporary	373
employment service submits a request for a determination of	374
whether a person the service plans to refer to an employment	375
position has been convicted of or pleaded guilty to an offense	376
listed in division (A)(1), (3), (4), (5), or (6) of section	377
109.572 of the Revised Code, the request shall be treated as a	378
single request and only one fee shall be charged.	379

(F)(1) As used in division (F)(2) of this section, "head	380
start agency" means an entity in this state that has been approved	381
to be an agency for purposes of subchapter II of the "Community	382
Economic Development Act," 95 Stat. 489 (1981), 42 U.S.C.A. 9831,	383
as amended.	384

(2)(a) In addition to or in conjunction with any request that	385
is required to be made under section 109.572, 2151.86, 3301.32,	386
3301.541, 3319.39, 3319.391, 3327.10, 3701.881, 5104.012,	387
5104.013, 5123.081, 5126.28, 5126.281, or 5153.111 of the Revised	388
Code or that is made under section 3314.41, 3319.392, or 3326.25	389
of the Revised Code, the board of education of any school	390
district; the director of mental retardation and developmental	391
disabilities; any county board of ~~mental retardation and~~	392
developmental disabilities; any entity under contract with a	393
county board of ~~mental retardation and~~ developmental	394
disabilities; the chief administrator of any chartered nonpublic	395
school; the chief administrator of any home health agency; the	396
chief administrator of or person operating any child day-care	397
center, type A family day-care home, or type B family day-care	398
home licensed or certified under Chapter 5104. of the Revised	399
Code; the administrator of any type C family day-care home	400
certified pursuant to Section 1 of Sub. H.B. 62 of the 121st	401
general assembly or Section 5 of Am. Sub. S.B. 160 of the 121st	402
general assembly; the chief administrator of any head start	403
agency; the executive director of a public children services	404
agency; a private company described in section 3314.41, 3319.392,	405
or 3326.25 of the Revised Code; or an employer described in	406
division (J)(2) of section 3327.10 of the Revised Code may	407
request that the superintendent of the bureau investigate and	408
determine, with respect to any individual who has applied for	409
employment in any position after October 2, 1989, or any	410
individual wishing to apply for employment with a board of	411
education may request, with regard to the individual, whether the	412
bureau has any information gathered under division (A) of this	413
section that pertains to that individual. On receipt of the	414
request, the superintendent shall determine whether that	415
information exists and, upon request of the person, board, or	416
entity requesting information, also shall request from the	417
federal bureau of investigation any criminal records it has	418
pertaining to that individual. The superintendent or the	419
superintendent's designee also may request criminal history	420
records from other states or the federal government pursuant to	421
the national crime prevention and privacy compact set forth in	422
section 109.571 of the Revised Code. Within thirty days of the	423
date that the superintendent receives a request, the	424
superintendent shall send to the board, entity, or person a	425
report of any information that the superintendent determines	426
exists, including information contained in records that have been	427
sealed under section 2953.32 of the Revised Code, and, within	428
thirty days of its receipt, shall send the board, entity, or	429
person a report of any information received from the federal	430
bureau of investigation, other than information the dissemination	431
of which is prohibited by federal law.	432

(b) When a board of education is required to receive	433
information under this section as a prerequisite to employment of	434
an individual pursuant to section 3319.39 of the Revised Code, it	435
may accept a certified copy of records that were issued by the	436
bureau of criminal identification and investigation and that are	437
presented by an individual applying for employment with the	438
district in lieu of requesting that information itself. In such a	439
case, the board shall accept the certified copy issued by the	440
bureau in order to make a photocopy of it for that individual's	441
employment application documents and shall return the certified	442
copy to the individual. In a case of that nature, a district only	443
shall accept a certified copy of records of that nature within one	444
year after the date of their issuance by the bureau.	445

(3) The state board of education may request, with respect to	446
any individual who has applied for employment after October 2,	447
1989, in any position with the state board or the department of	448
education, any information that a school district board of	449
education is authorized to request under division (F)(2) of this	450
section, and the superintendent of the bureau shall proceed as if	451
the request has been received from a school district board of	452
education under division (F)(2) of this section.	453

(4) When the superintendent of the bureau receives a request	454
for information under section 3319.291 of the Revised Code, the	455
superintendent shall proceed as if the request has been received	456
from a school district board of education under division (F)(2) of	457
this section.	458

(5) When a recipient of a classroom reading improvement grant	459
paid under section 3301.86 of the Revised Code requests, with	460
respect to any individual who applies to participate in providing	461
any program or service funded in whole or in part by the grant,	462
the information that a school district board of education is	463
authorized to request under division (F)(2)(a) of this section,	464
the superintendent of the bureau shall proceed as if the request	465
has been received from a school district board of education under	466
division (F)(2)(a) of this section.	467

(G) In addition to or in conjunction with any request that is	468
required to be made under section 3701.881, 3712.09, 3721.121, or	469
3722.151 of the Revised Code with respect to an individual who has	470
applied for employment in a position that involves providing	471
direct care to an older adult, the chief administrator of a home	472
health agency, hospice care program, home licensed under Chapter	473
3721. of the Revised Code, adult day-care program operated	474
pursuant to rules adopted under section 3721.04 of the Revised	475
Code, or adult care facility may request that the superintendent	476
of the bureau investigate and determine, with respect to any	477
individual who has applied after January 27, 1997, for employment	478
in a position that does not involve providing direct care to an	479
older adult, whether the bureau has any information gathered under	480
division (A) of this section that pertains to that individual.	481

In addition to or in conjunction with any request that is	482
required to be made under section 173.27 of the Revised Code with	483
respect to an individual who has applied for employment in a	484
position that involves providing ombudsperson services to	485
residents of long-term care facilities or recipients of	486
community-based long-term care services, the state long-term care	487
ombudsperson, ombudsperson's designee, or director of health may	488
request that the superintendent investigate and determine, with	489
respect to any individual who has applied for employment in a	490
position that does not involve providing such ombudsperson	491
services, whether the bureau has any information gathered under	492
division (A) of this section that pertains to that applicant.	493

In addition to or in conjunction with any request that is	494
required to be made under section 173.394 of the Revised Code with	495
respect to an individual who has applied for employment in a	496
position that involves providing direct care to an individual, the	497
chief administrator of a community-based long-term care agency may	498
request that the superintendent investigate and determine, with	499
respect to any individual who has applied for employment in a	500
position that does not involve providing direct care, whether the	501
bureau has any information gathered under division (A) of this	502
section that pertains to that applicant.	503

On receipt of a request under this division, the	504
superintendent shall determine whether that information exists	505
and, on request of the individual requesting information, shall	506
also request from the federal bureau of investigation any criminal	507
records it has pertaining to the applicant. The superintendent or	508
the superintendent's designee also may request criminal history	509
records from other states or the federal government pursuant to	510
the national crime prevention and privacy compact set forth in	511
section 109.571 of the Revised Code. Within thirty days of the	512
date a request is received, the superintendent shall send to the	513
requester a report of any information determined to exist,	514
including information contained in records that have been sealed	515
under section 2953.32 of the Revised Code, and, within thirty days	516
of its receipt, shall send the requester a report of any	517
information received from the federal bureau of investigation,	518
other than information the dissemination of which is prohibited by	519
federal law.	520

(H) Information obtained by a government entity or person	521
under this section is confidential and shall not be released or	522
disseminated.	523

(I) The superintendent may charge a reasonable fee for	524
providing information or criminal records under division (F)(2) or	525
(G) of this section.	526

(J) As used in this section, "sexually oriented offense" and	527
"child-victim oriented offense" have the same meanings as in	528
section 2950.01 of the Revised Code.	529

Sec. 109.572. (A)(1) Upon receipt of a request pursuant to	530
section 121.08, 3301.32, 3301.541, or 3319.39 of the Revised	531
Code, a completed form prescribed pursuant to division (C)(1) of	532
this section, and a set of fingerprint impressions obtained in	533
the manner described in division (C)(2) of this section, the	534
superintendent of the bureau of criminal identification and	535
investigation shall conduct a criminal records check in the	536
manner described in division (B) of this section to determine	537
whether any information exists that indicates that the person who	538
is the subject of the request previously has been convicted of or	539
pleaded guilty to any of the following:	540

(a) A violation of section 2903.01, 2903.02, 2903.03,	541
2903.04, 2903.11, 2903.12, 2903.13, 2903.16, 2903.21, 2903.34,	542
2905.01, 2905.02, 2905.05, 2907.02, 2907.03, 2907.04, 2907.05,	543
2907.06, 2907.07, 2907.08, 2907.09, 2907.21, 2907.22, 2907.23,	544
2907.25, 2907.31, 2907.32, 2907.321, 2907.322, 2907.323, 2911.01,	545
2911.02, 2911.11, 2911.12, 2919.12, 2919.22, 2919.24, 2919.25,	546
2923.12, 2923.13, 2923.161, 2925.02, 2925.03, 2925.04, 2925.05,	547
2925.06, or 3716.11 of the Revised Code, felonious sexual	548
penetration in violation of former section 2907.12 of the Revised	549
Code, a violation of section 2905.04 of the Revised Code as it	550
existed prior to July 1, 1996, a violation of section 2919.23 of	551
the Revised Code that would have been a violation of section	552
2905.04 of the Revised Code as it existed prior to July 1, 1996,	553
had the violation been committed prior to that date, or a	554
violation of section 2925.11 of the Revised Code that is not a	555
minor drug possession offense;	556

(b) A violation of an existing or former law of this state,	557
any other state, or the United States that is substantially	558
equivalent to any of the offenses listed in division (A)(1)(a) of	559
this section.	560

(2) On receipt of a request pursuant to section 5123.081 of	561
the Revised Code with respect to an applicant for employment in	562
any position with the department of mental retardation and	563
developmental disabilities, pursuant to section 5126.28 of the	564
Revised Code with respect to an applicant for employment in any	565
position with a county board of ~~mental retardation and~~	566
developmental disabilities, or pursuant to section 5126.281 of the	567
Revised Code with respect to an applicant for employment in a	568
direct services position with an entity contracting with a county	569
board for employment, a completed form prescribed pursuant to	570
division (C)(1) of this section, and a set of fingerprint	571
impressions obtained in the manner described in division (C)(2) of	572
this section, the superintendent of the bureau of criminal	573
identification and investigation shall conduct a criminal records	574
check. The superintendent shall conduct the criminal records check	575
in the manner described in division (B) of this section to	576
determine whether any information exists that indicates that the	577
person who is the subject of the request has been convicted of or	578
pleaded guilty to any of the following:	579

(a) A violation of section 2903.01, 2903.02, 2903.03,	580
2903.04, 2903.11, 2903.12, 2903.13, 2903.16, 2903.21, 2903.34,	581
2903.341, 2905.01, 2905.02, 2905.04, 2905.05, 2907.02, 2907.03,	582
2907.04, 2907.05, 2907.06, 2907.07, 2907.08, 2907.09, 2907.12,	583
2907.21, 2907.22, 2907.23, 2907.25, 2907.31, 2907.32, 2907.321,	584
2907.322, 2907.323, 2911.01, 2911.02, 2911.11, 2911.12, 2919.12,	585
2919.22, 2919.24, 2919.25, 2923.12, 2923.13, 2923.161, 2925.02,	586
2925.03, or 3716.11 of the Revised Code;	587

(b) An existing or former municipal ordinance or law of this	588
state, any other state, or the United States that is substantially	589
equivalent to any of the offenses listed in division (A)(2)(a) of	590
this section.	591

(3) On receipt of a request pursuant to section 173.27,	592
173.394, 3712.09, 3721.121, or 3722.151 of the Revised Code, a	593
completed form prescribed pursuant to division (C)(1) of this	594
section, and a set of fingerprint impressions obtained in the	595
manner described in division (C)(2) of this section, the	596
superintendent of the bureau of criminal identification and	597
investigation shall conduct a criminal records check with respect	598
to any person who has applied for employment in a position for	599
which a criminal records check is required by those sections. The	600
superintendent shall conduct the criminal records check in the	601
manner described in division (B) of this section to determine	602
whether any information exists that indicates that the person who	603
is the subject of the request previously has been convicted of or	604
pleaded guilty to any of the following:	605

(a) A violation of section 2903.01, 2903.02, 2903.03,	606
2903.04, 2903.11, 2903.12, 2903.13, 2903.16, 2903.21, 2903.34,	607
2905.01, 2905.02, 2905.11, 2905.12, 2907.02, 2907.03, 2907.05,	608
2907.06, 2907.07, 2907.08, 2907.09, 2907.12, 2907.25, 2907.31,	609
2907.32, 2907.321, 2907.322, 2907.323, 2911.01, 2911.02, 2911.11,	610
2911.12, 2911.13, 2913.02, 2913.03, 2913.04, 2913.11, 2913.21,	611
2913.31, 2913.40, 2913.43, 2913.47, 2913.51, 2919.25, 2921.36,	612
2923.12, 2923.13, 2923.161, 2925.02, 2925.03, 2925.11, 2925.13,	613
2925.22, 2925.23, or 3716.11 of the Revised Code;	614

(b) An existing or former law of this state, any other state,	615
or the United States that is substantially equivalent to any of	616
the offenses listed in division (A)(3)(a) of this section.	617

(4) On receipt of a request pursuant to section 3701.881 of	618
the Revised Code with respect to an applicant for employment with	619
a home health agency as a person responsible for the care,	620
custody, or control of a child, a completed form prescribed	621
pursuant to division (C)(1) of this section, and a set of	622
fingerprint impressions obtained in the manner described in	623
division (C)(2) of this section, the superintendent of the bureau	624
of criminal identification and investigation shall conduct a	625
criminal records check. The superintendent shall conduct the	626
criminal records check in the manner described in division (B) of	627
this section to determine whether any information exists that	628
indicates that the person who is the subject of the request	629
previously has been convicted of or pleaded guilty to any of the	630
following:	631

(a) A violation of section 2903.01, 2903.02, 2903.03,	632
2903.04, 2903.11, 2903.12, 2903.13, 2903.16, 2903.21, 2903.34,	633
2905.01, 2905.02, 2905.04, 2905.05, 2907.02, 2907.03, 2907.04,	634
2907.05, 2907.06, 2907.07, 2907.08, 2907.09, 2907.12, 2907.21,	635
2907.22, 2907.23, 2907.25, 2907.31, 2907.32, 2907.321, 2907.322,	636
2907.323, 2911.01, 2911.02, 2911.11, 2911.12, 2919.12, 2919.22,	637
2919.24, 2919.25, 2923.12, 2923.13, 2923.161, 2925.02, 2925.03,	638
2925.04, 2925.05, 2925.06, or 3716.11 of the Revised Code or a	639
violation of section 2925.11 of the Revised Code that is not a	640
minor drug possession offense;	641

(b) An existing or former law of this state, any other state,	642
or the United States that is substantially equivalent to any of	643
the offenses listed in division (A)(4)(a) of this section.	644

(5) On receipt of a request pursuant to section 5111.032,	645
5111.033, or 5111.034 of the Revised Code, a completed form	646
prescribed pursuant to division (C)(1) of this section, and a set	647
of fingerprint impressions obtained in the manner described in	648
division (C)(2) of this section, the superintendent of the bureau	649
of criminal identification and investigation shall conduct a	650
criminal records check. The superintendent shall conduct the	651
criminal records check in the manner described in division (B) of	652
this section to determine whether any information exists that	653
indicates that the person who is the subject of the request	654
previously has been convicted of, has pleaded guilty to, or has	655
been found eligible for intervention in lieu of conviction for	656
any of the following:	657

(a) A violation of section 2903.01, 2903.02, 2903.03,	658
2903.04, 2903.041, 2903.11, 2903.12, 2903.13, 2903.16, 2903.21,	659
2903.34, 2905.01, 2905.02, 2905.05, 2905.11, 2905.12, 2907.02,	660
2907.03, 2907.04, 2907.05, 2907.06, 2907.07, 2907.08, 2907.09,	661
2907.21, 2907.22, 2907.23, 2907.24, 2907.25, 2907.31, 2907.32,	662
2907.321, 2907.322, 2907.323, 2911.01, 2911.02, 2911.11, 2911.12,	663
2911.13, 2913.02, 2913.03, 2913.04, 2913.11, 2913.21, 2913.31,	664
2913.40, 2913.43, 2913.47, 2913.48, 2913.49, 2913.51, 2917.11,	665
2919.12, 2919.22, 2919.24, 2919.25, 2921.13, 2921.36, 2923.02,	666
2923.12, 2923.13, 2923.161, 2923.32, 2925.02, 2925.03, 2925.04,	667
2925.05, 2925.06, 2925.11, 2925.13, 2925.14, 2925.22, 2925.23, or	668
3716.11 of the Revised Code, felonious sexual penetration in	669
violation of former section 2907.12 of the Revised Code, a	670
violation of section 2905.04 of the Revised Code as it existed	671
prior to July 1, 1996, a violation of section 2919.23 of the	672
Revised Code that would have been a violation of section 2905.04	673
of the Revised Code as it existed prior to July 1, 1996, had the	674
violation been committed prior to that date;	675

(b) An existing or former law of this state, any other state,	676
or the United States that is substantially equivalent to any of	677
the offenses listed in division (A)(5)(a) of this section.	678

(6) On receipt of a request pursuant to section 3701.881 of	679
the Revised Code with respect to an applicant for employment with	680
a home health agency in a position that involves providing direct	681
care to an older adult, a completed form prescribed pursuant to	682
division (C)(1) of this section, and a set of fingerprint	683
impressions obtained in the manner described in division (C)(2) of	684
this section, the superintendent of the bureau of criminal	685
identification and investigation shall conduct a criminal records	686
check. The superintendent shall conduct the criminal records check	687
in the manner described in division (B) of this section to	688
determine whether any information exists that indicates that the	689
person who is the subject of the request previously has been	690
convicted of or pleaded guilty to any of the following:	691

(a) A violation of section 2903.01, 2903.02, 2903.03,	692
2903.04, 2903.11, 2903.12, 2903.13, 2903.16, 2903.21, 2903.34,	693
2905.01, 2905.02, 2905.11, 2905.12, 2907.02, 2907.03, 2907.05,	694
2907.06, 2907.07, 2907.08, 2907.09, 2907.12, 2907.25, 2907.31,	695
2907.32, 2907.321, 2907.322, 2907.323, 2911.01, 2911.02, 2911.11,	696
2911.12, 2911.13, 2913.02, 2913.03, 2913.04, 2913.11, 2913.21,	697
2913.31, 2913.40, 2913.43, 2913.47, 2913.51, 2919.25, 2921.36,	698
2923.12, 2923.13, 2923.161, 2925.02, 2925.03, 2925.11, 2925.13,	699
2925.22, 2925.23, or 3716.11 of the Revised Code;	700

(b) An existing or former law of this state, any other state,	701
or the United States that is substantially equivalent to any of	702
the offenses listed in division (A)(6)(a) of this section.	703

(7) When conducting a criminal records check upon a request	704
pursuant to section 3319.39 of the Revised Code for an applicant	705
who is a teacher, in addition to the determination made under	706
division (A)(1) of this section, the superintendent shall	707
determine whether any information exists that indicates that the	708
person who is the subject of the request previously has been	709
convicted of or pleaded guilty to any offense specified in section	710
3319.31 of the Revised Code.	711

(8) On receipt of a request pursuant to section 2151.86 of	712
the Revised Code, a completed form prescribed pursuant to	713
division (C)(1) of this section, and a set of fingerprint	714
impressions obtained in the manner described in division (C)(2)	715
of this section, the superintendent of the bureau of criminal	716
identification and investigation shall conduct a criminal records	717
check in the manner described in division (B) of this section to	718
determine whether any information exists that indicates that the	719
person who is the subject of the request previously has been	720
convicted of or pleaded guilty to any of the following:	721

(a) A violation of section 959.13, 2903.01, 2903.02, 2903.03,	722
2903.04, 2903.11, 2903.12, 2903.13, 2903.15, 2903.16, 2903.21,	723
2903.211, 2903.22, 2903.34, 2905.01, 2905.02, 2905.05, 2907.02,	724
2907.03, 2907.04, 2907.05, 2907.06, 2907.07, 2907.08, 2907.09,	725
2907.21, 2907.22, 2907.23, 2907.25, 2907.31, 2907.32, 2907.321,	726
2907.322, 2907.323, 2909.02, 2909.03, 2909.22, 2909.23, 2909.24,	727
2911.01, 2911.02, 2911.11, 2911.12, 2913.49, 2917.01, 2917.02,	728
2919.12, 2919.22, 2919.24, 2919.25, 2923.12, 2923.13, 2923.161,	729
2925.02, 2925.03, 2925.04, 2925.05, 2925.06, 2927.12, or 3716.11	730
of the Revised Code, a violation of section 2905.04 of the	731
Revised Code as it existed prior to July 1, 1996, a violation of	732
section 2919.23 of the Revised Code that would have been a	733
violation of section 2905.04 of the Revised Code as it existed	734
prior to July 1, 1996, had the violation been committed prior to	735
that date, a violation of section 2925.11 of the Revised Code	736
that is not a minor drug possession offense, two or more OVI or	737
OVUAC violations committed within the three years immediately	738
preceding the submission of the application or petition that is	739
the basis of the request, or felonious sexual penetration in	740
violation of former section 2907.12 of the Revised Code;	741

(b) A violation of an existing or former law of this state,	742
any other state, or the United States that is substantially	743
equivalent to any of the offenses listed in division (A)(8)(a) of	744
this section.	745

(9) Upon receipt of a request pursuant to section 5104.012	746
or 5104.013 of the Revised Code, a completed form prescribed	747
pursuant to division (C)(1) of this section, and a set of	748
fingerprint impressions obtained in the manner described in	749
division (C)(2) of this section, the superintendent of the bureau	750
of criminal identification and investigation shall conduct a	751
criminal records check in the manner described in division (B) of	752
this section to determine whether any information exists that	753
indicates that the person who is the subject of the request has	754
been convicted of or pleaded guilty to any of the following:	755

(a) A violation of section 2903.01, 2903.02, 2903.03,	756
2903.04, 2903.11, 2903.12, 2903.13, 2903.16, 2903.21, 2903.22,	757
2903.34, 2905.01, 2905.02, 2905.05, 2907.02, 2907.03, 2907.04,	758
2907.05, 2907.06, 2907.07, 2907.08, 2907.09, 2907.21, 2907.22,	759
2907.23, 2907.25, 2907.31, 2907.32, 2907.321, 2907.322, 2907.323,	760
2911.01, 2911.02, 2911.11, 2911.12, 2913.02, 2913.03, 2913.04,	761
2913.041, 2913.05, 2913.06, 2913.11, 2913.21, 2913.31, 2913.32,	762
2913.33, 2913.34, 2913.40, 2913.41, 2913.42, 2913.43, 2913.44,	763
2913.441, 2913.45, 2913.46, 2913.47, 2913.48, 2913.49, 2919.12,	764
2919.22, 2919.24, 2919.25, 2921.11, 2921.13, 2923.01, 2923.12,	765
2923.13, 2923.161, 2925.02, 2925.03, 2925.04, 2925.05, 2925.06, or	766
3716.11 of the Revised Code, felonious sexual penetration in	767
violation of former section 2907.12 of the Revised Code, a	768
violation of section 2905.04 of the Revised Code as it existed	769
prior to July 1, 1996, a violation of section 2919.23 of the	770
Revised Code that would have been a violation of section 2905.04	771
of the Revised Code as it existed prior to July 1, 1996, had the	772
violation been committed prior to that date, a violation of	773
section 2925.11 of the Revised Code that is not a minor drug	774
possession offense, a violation of section 2923.02 or 2923.03 of	775
the Revised Code that relates to a crime specified in this	776
division, or a second violation of section 4511.19 of the	777
Revised Code within five years of the date of application for	778
licensure or certification.	779

(b) A violation of an existing or former law of this state,	780
any other state, or the United States that is substantially	781
equivalent to any of the offenses or violations described in	782
division (A)(9)(a) of this section.	783

(10) Upon receipt of a request pursuant to section 5153.111	784
of the Revised Code, a completed form prescribed pursuant to	785
division (C)(1) of this section, and a set of fingerprint	786
impressions obtained in the manner described in division (C)(2) of	787
this section, the superintendent of the bureau of criminal	788
identification and investigation shall conduct a criminal records	789
check in the manner described in division (B) of this section to	790
determine whether any information exists that indicates that the	791
person who is the subject of the request previously has been	792
convicted of or pleaded guilty to any of the following:	793

(a) A violation of section 2903.01, 2903.02, 2903.03,	794
2903.04, 2903.11, 2903.12, 2903.13, 2903.16, 2903.21, 2903.34,	795
2905.01, 2905.02, 2905.05, 2907.02, 2907.03, 2907.04, 2907.05,	796
2907.06, 2907.07, 2907.08, 2907.09, 2907.21, 2907.22, 2907.23,	797
2907.25, 2907.31, 2907.32, 2907.321, 2907.322, 2907.323, 2909.02,	798
2909.03, 2911.01, 2911.02, 2911.11, 2911.12, 2919.12, 2919.22,	799
2919.24, 2919.25, 2923.12, 2923.13, 2923.161, 2925.02, 2925.03,	800
2925.04, 2925.05, 2925.06, or 3716.11 of the Revised Code,	801
felonious sexual penetration in violation of former section	802
2907.12 of the Revised Code, a violation of section 2905.04 of the	803
Revised Code as it existed prior to July 1, 1996, a violation of	804
section 2919.23 of the Revised Code that would have been a	805
violation of section 2905.04 of the Revised Code as it existed	806
prior to July 1, 1996, had the violation been committed prior to	807
that date, or a violation of section 2925.11 of the Revised Code	808
that is not a minor drug possession offense;	809

(b) A violation of an existing or former law of this state,	810
any other state, or the United States that is substantially	811
equivalent to any of the offenses listed in division (A)(10)(a) of	812
this section.	813

(11) On receipt of a request for a criminal records check	814
from an individual pursuant to section 4749.03 or 4749.06 of the	815
Revised Code, accompanied by a completed copy of the form	816
prescribed in division (C)(1) of this section and a set of	817
fingerprint impressions obtained in a manner described in division	818
(C)(2) of this section, the superintendent of the bureau of	819
criminal identification and investigation shall conduct a criminal	820
records check in the manner described in division (B) of this	821
section to determine whether any information exists indicating	822
that the person who is the subject of the request has been	823
convicted of or pleaded guilty to a felony in this state or in any	824
other state. If the individual indicates that a firearm will be	825
carried in the course of business, the superintendent shall	826
require information from the federal bureau of investigation as	827
described in division (B)(2) of this section. The superintendent	828
shall report the findings of the criminal records check and any	829
information the federal bureau of investigation provides to the	830
director of public safety.	831

(12) On receipt of a request pursuant to section 1321.37,	832
1322.03, 1322.031, or 4763.05 of the Revised Code, a completed	833
form prescribed pursuant to division (C)(1) of this section, and	834
a set of fingerprint impressions obtained in the manner described	835
in division (C)(2) of this section, the superintendent of the	836
bureau of criminal identification and investigation shall conduct	837
a criminal records check with respect to any person who has	838
applied for a license, permit, or certification from the	839
department of commerce or a division in the department. The	840
superintendent shall conduct the criminal records check in the	841
manner described in division (B) of this section to determine	842
whether any information exists that indicates that the person who	843
is the subject of the request previously has been convicted of or	844
pleaded guilty to any of the following: a violation of section	845
2913.02, 2913.11, 2913.31, 2913.51, or 2925.03 of the Revised	846
Code; any other criminal offense involving theft, receiving	847
stolen property, embezzlement, forgery, fraud, passing bad	848
checks, money laundering, or drug trafficking, or any criminal	849
offense involving money or securities, as set forth in Chapters	850
2909., 2911., 2913., 2915., 2921., 2923., and 2925. of the	851
Revised Code; or any existing or former law of this state, any	852
other state, or the United States that is substantially	853
equivalent to those offenses.	854

(13) On receipt of a request for a criminal records check	855
from the treasurer of state under section 113.041 of the Revised	856
Code or from an individual under section 4701.08, 4715.101,	857
4717.061, 4725.121, 4725.501, 4729.071, 4730.101, 4730.14,	858
4730.28, 4731.081, 4731.15, 4731.171, 4731.222, 4731.281,	859
4731.296, 4731.531, 4732.091, 4734.202, 4740.061, 4741.10,	860
4755.70, 4757.101, 4759.061, 4760.032, 4760.06, 4761.051,	861
4762.031, 4762.06, or 4779.091 of the Revised Code, accompanied	862
by a completed form prescribed under division (C)(1) of this	863
section and a set of fingerprint impressions obtained in the	864
manner described in division (C)(2) of this section, the	865
superintendent of the bureau of criminal identification and	866
investigation shall conduct a criminal records check in the	867
manner described in division (B) of this section to determine	868
whether any information exists that indicates that the person who	869
is the subject of the request has been convicted of or pleaded	870
guilty to any criminal offense in this state or any other state.	871
The superintendent shall send the results of a check requested	872
under section 113.041 of the Revised Code to the treasurer of	873
state and shall send the results of a check requested under any of	874
the other listed sections to the licensing board specified by the	875
individual in the request.	876

(14) On receipt of a request pursuant to section 1121.23,	877
1155.03, 1163.05, 1315.141, 1733.47, or 1761.26 of the Revised	878
Code, a completed form prescribed pursuant to division (C)(1) of	879
this section, and a set of fingerprint impressions obtained in the	880
manner described in division (C)(2) of this section, the	881
superintendent of the bureau of criminal identification and	882
investigation shall conduct a criminal records check in the manner	883
described in division (B) of this section to determine whether any	884
information exists that indicates that the person who is the	885
subject of the request previously has been convicted of or pleaded	886
guilty to any criminal offense under any existing or former law of	887
this state, any other state, or the United States.	888

(15) Not later than thirty days after the date the	889
superintendent receives a request of a type described in division	890
(A)(1), (2), (3), (4), (5), (6), (7), (8), (9), (10), (11),	891
(12), or (14) of this section, the completed form, and the	892
fingerprint impressions, the superintendent shall send the	893
person, board, or entity that made the request any information,	894
other than information the dissemination of which is prohibited	895
by federal law, the superintendent determines exists with respect	896
to the person who is the subject of the request that indicates	897
that the person previously has been convicted of or pleaded	898
guilty to any offense listed or described in division (A)(1),	899
(2), (3), (4), (5), (6), (7), (8), (9), (10), (11), (12), or	900
(14) of this section, as appropriate. The superintendent shall	901
send the person, board, or entity that made the request a copy of	902
the list of offenses specified in division (A)(1), (2), (3), (4),	903
(5), (6), (7), (8), (9), (10), (11), (12), or (14) of this	904
section, as appropriate. If the request was made under section	905
3701.881 of the Revised Code with regard to an applicant who may	906
be both responsible for the care, custody, or control of a child	907
and involved in providing direct care to an older adult, the	908
superintendent shall provide a list of the offenses specified in	909
divisions (A)(4) and (6) of this section.	910

Not later than thirty days after the superintendent receives	911
a request for a criminal records check pursuant to section 113.041	912
of the Revised Code, the completed form, and the fingerprint	913
impressions, the superintendent shall send the treasurer of state	914
any information, other than information the dissemination of which	915
is prohibited by federal law, the superintendent determines exist	916
with respect to the person who is the subject of the request that	917
indicates that the person previously has been convicted of or	918
pleaded guilty to any criminal offense in this state or any other	919
state.	920

(B) The superintendent shall conduct any criminal records	921
check requested under section 113.041, 121.08, 173.27, 173.394,	922
1121.23, 1155.03, 1163.05, 1315.141, 1322.03, 1322.031, 1733.47,	923
1761.26, 2151.86, 3301.32, 3301.541, 3319.39, 3701.881, 3712.09,	924
3721.121, 3722.151, 4701.08, 4715.101, 4717.061, 4725.121,	925
4725.501, 4729.071, 4730.101, 4730.14, 4730.28, 4731.081,	926
4731.15, 4731.171, 4731.222, 4731.281, 4731.296, 4731.531,	927
4732.091, 4734.202, 4740.061, 4741.10, 4749.03, 4749.06,	928
4755.70, 4757.101, 4759.061, 4760.032, 4760.06, 4761.051,	929
4762.031, 4762.06, 4763.05, 4779.091, 5104.012, 5104.013,	930
5111.032, 5111.033, 5111.034, 5123.081, 5126.28, 5126.281, or	931
5153.111 of the Revised Code as follows:	932

(1) The superintendent shall review or cause to be reviewed	933
any relevant information gathered and compiled by the bureau under	934
division (A) of section 109.57 of the Revised Code that relates to	935
the person who is the subject of the request, including, if the	936
criminal records check was requested under section 113.041,	937
121.08, 173.27, 173.394, 1322.03, 1322.031, 2151.86, 3301.32,	938
3301.541, 3319.39, 3701.881, 3712.09, 3721.121, 3722.151,	939
4749.03, 4749.06, 4763.05, 5104.012, 5104.013, 5111.032,	940
5111.033, 5111.034, 5123.081, 5126.28, 5126.281, or 5153.111 of	941
the Revised Code, any relevant information contained in records	942
that have been sealed under section 2953.32 of the Revised Code;	943

(2) If the request received by the superintendent asks for	944
information from the federal bureau of investigation, the	945
superintendent shall request from the federal bureau of	946
investigation any information it has with respect to the person	947
who is the subject of the request, including fingerprint-based	948
checks of national crime information databases as described in 42	949
U.S.C. 671 if the request is made pursuant to section 2151.86,	950
5104.012, or 5104.013 of the Revised Code or if any other Revised	951
Code section requires fingerprint-based checks of that nature, and	952
shall review or cause to be reviewed any information the	953
superintendent receives from that bureau.	954

(3) The superintendent or the superintendent's designee may	955
request criminal history records from other states or the federal	956
government pursuant to the national crime prevention and privacy	957
compact set forth in section 109.571 of the Revised Code.	958

(C)(1) The superintendent shall prescribe a form to obtain	959
the information necessary to conduct a criminal records check from	960
any person for whom a criminal records check is requested under	961
section 113.041 of the Revised Code or required by section	962
121.08, 173.27, 173.394, 1121.23, 1155.03, 1163.05, 1315.141,	963
1322.03, 1322.031, 1733.47, 1761.26, 2151.86, 3301.32, 3301.541,	964
3319.39, 3701.881, 3712.09, 3721.121, 3722.151, 4701.08,	965
4715.101, 4717.061, 4725.121, 4725.501, 4729.071, 4730.101,	966
4730.14, 4730.28, 4731.081, 4731.15, 4731.171, 4731.222,	967
4731.281, 4731.296, 4731.531, 4732.091, 4734.202, 4740.061,	968
4741.10, 4749.03, 4749.06, 4755.70, 4757.101, 4759.061, 4760.032,	969
4760.06, 4761.051, 4762.031, 4762.06, 4763.05, 4779.091,	970
5104.012, 5104.013, 5111.032, 5111.033, 5111.034, 5123.081,	971
5126.28, 5126.281, or 5153.111 of the Revised Code. The form	972
that the superintendent prescribes pursuant to this division may	973
be in a tangible format, in an electronic format, or in both	974
tangible and electronic formats.	975

(2) The superintendent shall prescribe standard impression	976
sheets to obtain the fingerprint impressions of any person for	977
whom a criminal records check is requested under section 113.041	978
of the Revised Code or required by section 121.08, 173.27,	979
173.394, 1121.23, 1155.03, 1163.05, 1315.141, 1322.03, 1322.031,	980
1733.47, 1761.26, 2151.86, 3301.32, 3301.541, 3319.39, 3701.881,	981
3712.09, 3721.121, 3722.151, 4701.08, 4715.101, 4717.061,	982
4725.121, 4725.501, 4729.071, 4730.101, 4730.14, 4730.28,	983
4731.081, 4731.15, 4731.171, 4731.222, 4731.281, 4731.296,	984
4731.531, 4732.091, 4734.202, 4740.061, 4741.10, 4749.03,	985
4749.06, 4755.70, 4757.101, 4759.061, 4760.032, 4760.06,	986
4761.051, 4762.031, 4762.06, 4763.05, 4779.091, 5104.012,	987
5104.013, 5111.032, 5111.033, 5111.034, 5123.081, 5126.28,	988
5126.281, or 5153.111 of the Revised Code. Any person for whom a	989
records check is requested under or required by any of those	990
sections shall obtain the fingerprint impressions at a county	991
sheriff's office, municipal police department, or any other	992
entity with the ability to make fingerprint impressions on the	993
standard impression sheets prescribed by the superintendent. The	994
office, department, or entity may charge the person a reasonable	995
fee for making the impressions. The standard impression sheets the	996
superintendent prescribes pursuant to this division may be in a	997
tangible format, in an electronic format, or in both tangible and	998
electronic formats.	999

(3) Subject to division (D) of this section, the	1000
superintendent shall prescribe and charge a reasonable fee for	1001
providing a criminal records check requested under section	1002
113.041, 121.08, 173.27, 173.394, 1121.23, 1155.03, 1163.05,	1003
1315.141, 1322.03, 1322.031, 1733.47, 1761.26, 2151.86, 3301.32,	1004
3301.541, 3319.39, 3701.881, 3712.09, 3721.121, 3722.151,	1005
4701.08, 4715.101, 4717.061, 4725.121, 4725.501, 4729.071,	1006
4730.101, 4730.14, 4730.28, 4731.081, 4731.15, 4731.171,	1007
4731.222, 4731.281, 4731.296, 4731.531, 4732.091, 4734.202,	1008
4740.061, 4741.10, 4749.03, 4749.06, 4755.70, 4757.101,	1009
4759.061, 4760.032, 4760.06, 4761.051, 4762.031, 4762.06,	1010
4763.05, 4779.091, 5104.012, 5104.013, 5111.032, 5111.033,	1011
5111.034, 5123.081, 5126.28, 5126.281, or 5153.111 of the	1012
Revised Code. The person making a criminal records request	1013
under any of those sections shall pay the fee prescribed	1014
pursuant to this division. A person making a request under	1015
section 3701.881 of the Revised Code for a criminal records	1016
check for an applicant who may be both responsible for the care,	1017
custody, or control of a child and involved in providing direct	1018
care to an older adult shall pay one fee for the request. In the	1019
case of a request under section 1121.23, 1155.03, 1163.05,	1020
1315.141, 1733.47, 1761.26, or 5111.032 of the Revised Code,	1021
the fee shall be paid in the manner specified in that section.	1022

(4) The superintendent of the bureau of criminal	1023
identification and investigation may prescribe methods of	1024
forwarding fingerprint impressions and information necessary to	1025
conduct a criminal records check, which methods shall include, but	1026
not be limited to, an electronic method.	1027

(D) A determination whether any information exists that	1028
indicates that a person previously has been convicted of or	1029
pleaded guilty to any offense listed or described in division	1030
(A)(1)(a) or (b), (A)(2)(a) or (b), (A)(3)(a) or (b), (A)(4)(a) or	1031
(b), (A)(5)(a) or (b), (A)(6)(a) or (b), (A)(7), (A)(8)(a) or	1032
(b), (A)(9)(a) or (b), (A)(10)(a) or (b), (A)(12), or (A)(14) of	1033
this section, or that indicates that a person previously has	1034
been convicted of or pleaded guilty to any criminal offense in	1035
this state or any other state regarding a criminal records check	1036
of a type described in division (A)(13) of this section, and	1037
that is made by the superintendent with respect to information	1038
considered in a criminal records check in accordance with this	1039
section is valid for the person who is the subject of the	1040
criminal records check for a period of one year from the date	1041
upon which the superintendent makes the determination. During the	1042
period in which the determination in regard to a person is valid,	1043
if another request under this section is made for a criminal	1044
records check for that person, the superintendent shall provide	1045
the information that is the basis for the superintendent's	1046
initial determination at a lower fee than the fee prescribed for	1047
the initial criminal records check.	1048

(E) As used in this section:

1049

(1) "Criminal records check" means any criminal records check	1050
conducted by the superintendent of the bureau of criminal	1051
identification and investigation in accordance with division (B)	1052
of this section.	1053

(2) "Minor drug possession offense" has the same meaning as	1054
in section 2925.01 of the Revised Code.	1055

(3) "Older adult" means a person age sixty or older.

1056

(4) "OVI or OVUAC violation" means a violation of section	1057
4511.19 of the Revised Code or a violation of an existing or	1058
former law of this state, any other state, or the United States	1059
that is substantially equivalent to section 4511.19 of the Revised	1060
Code.	1061

Sec. 117.102. The auditor of state shall review the report	1062
of each school health and safety network inspection of a public	1063
school building and associated grounds submitted to the auditor of	1064
state under section 3701.932 of the Revised Code. The auditor of	1065
state may include references to any of the recommendations	1066
contained in the inspection report, as determined appropriate by	1067
the auditor of state, in any audit report of the school district,	1068
educational service center, county board of ~~mental retardation and~~	1069
developmental disabilities, or community school controlling the	1070
inspected building and grounds.	1071

As used in this section, "public school" has the same meaning	1072
as in section 3701.93 of the Revised Code.	1073

Sec. 121.36. (A) As used in this section, "home care	1074
dependent adult" means an individual who resides in a private home	1075
or other noninstitutional and unlicensed living arrangement,	1076
without the presence of a parent or guardian, but has health and	1077
safety needs that require the provision of regularly scheduled	1078
home care services to remain in the home or other living	1079
arrangement because one of the following is the case:	1080

(1) The individual is at least twenty-one years of age but	1081
less than sixty years of age and has a physical disability or	1082
mental impairment.	1083

(2) The individual is sixty years of age or older, regardless	1084
of whether the individual has a physical disability or mental	1085
impairment.	1086

(B) Except as provided in division (D) of this section, the	1087
departments of mental retardation and developmental disabilities,	1088
aging, job and family services, and health shall each implement	1089
this section with respect to all contracts entered into by the	1090
department for the provision of home care services to home care	1091
dependent adults that are paid for in whole or in part with	1092
federal, state, or local funds. Except as provided in division (D)	1093
of this section, each department shall also require all public and	1094
private entities that receive money from or through the department	1095
to comply with this section when entering into contracts for the	1096
provision of home care services to home care dependent adults that	1097
are paid for in whole or in part with federal, state, or local	1098
funds. Such entities may include county boards of ~~mental~~	1099
~~retardation and~~ developmental disabilities, area agencies on	1100
aging, county departments of job and family services, and boards	1101
of health of city and general health districts.	1102

(C) Beginning one year after ~~the effective date of this~~	1103
~~section~~September 26, 2003, each contract subject to this section	1104
shall include terms requiring that the provider of home care	1105
services to home care dependent adults have a system in place that	1106
effectively monitors the delivery of the services by its	1107
employees. To be considered an effective monitoring system for	1108
purposes of the contract, the system established by a provider	1109
must include at least the following components:	1110

(1) When providing home care services to home care dependent	1111
adults who have a mental impairment or life-threatening health	1112
condition, a mechanism to verify whether the provider's employees	1113
are present at the location where the services are to be provided	1114
and at the time the services are to be provided;	1115

(2) When providing home care services to all other home care	1116
dependent adults, a system to verify at the end of each working	1117
day whether the provider's employees have provided the services at	1118
the proper location and time;	1119

(3) A protocol to be followed in scheduling a substitute	1120
employee when the monitoring system identifies that an employee	1121
has failed to provide home care services at the proper location	1122
and time, including standards for determining the length of time	1123
that may elapse without jeopardizing the health and safety of the	1124
home care dependent adult;	1125

(4) Procedures for maintaining records of the information	1126
obtained through the monitoring system;	1127

(5) Procedures for compiling annual reports of the	1128
information obtained through the monitoring system, including	1129
statistics on the rate at which home care services were provided	1130
at the proper location and time;	1131

(6) Procedures for conducting random checks of the accuracy	1132
of the monitoring system. For purposes of conducting these checks,	1133
a random check is considered to be a check of not more than five	1134
per cent of the home care visits the provider's employees make to	1135
different home care dependent adults within a particular work	1136
shift.	1137

(D) In implementing this section, the departments shall	1138
exempt providers of home care services who are self-employed	1139
providers with no other employees or are otherwise considered by	1140
the departments not to be agency providers. The departments shall	1141
conduct a study on how the exempted providers may be made subject	1142
to the requirement of effectively monitoring whether home care	1143
services are being provided and have been provided at the proper	1144
location and time. Not later than two years after ~~the effective~~	1145
~~date of this section~~September 26, 2003, the departments shall	1146
prepare a report of their findings and recommendations. The report	1147
shall be submitted to the president of the senate and the speaker	1148
of the house of representatives.	1149

(E) The departments of mental retardation and developmental	1150
disabilities, aging, job and family services, and health shall	1151
each adopt rules as necessary to implement this section. The rules	1152
shall be adopted in accordance with Chapter 119. of the Revised	1153
Code.	1154

Sec. 121.37. (A)(1) There is hereby created the Ohio family	1155
and children first cabinet council. The council shall be composed	1156
of the superintendent of public instruction and the directors of	1157
youth services, job and family services, mental health, health,	1158
alcohol and drug addiction services, mental retardation and	1159
developmental disabilities, and budget and management. The	1160
chairperson of the council shall be the governor or the governor's	1161
designee and shall establish procedures for the council's internal	1162
control and management.	1163

The purpose of the cabinet council is to help families	1164
seeking government services. This section shall not be interpreted	1165
or applied to usurp the role of parents, but solely to streamline	1166
and coordinate existing government services for families seeking	1167
assistance for their children.	1168

(2) In seeking to fulfill its purpose, the council may do any	1169
of the following:	1170

(a) Advise and make recommendations to the governor and	1171
general assembly regarding the provision of services to children;	1172

(b) Advise and assess local governments on the coordination	1173
of service delivery to children;	1174

(c) Hold meetings at such times and places as may be	1175
prescribed by the council's procedures and maintain records of the	1176
meetings, except that records identifying individual children are	1177
confidential and shall be disclosed only as provided by law;	1178

(d) Develop programs and projects, including pilot projects,	1179
to encourage coordinated efforts at the state and local level to	1180
improve the state's social service delivery system;	1181

(e) Enter into contracts with and administer grants to county	1182
family and children first councils, as well as other county or	1183
multicounty organizations to plan and coordinate service delivery	1184
between state agencies and local service providers for families	1185
and children;	1186

(f) Enter into contracts with and apply for grants from	1187
federal agencies or private organizations;	1188

(g) Enter into interagency agreements to encourage	1189
coordinated efforts at the state and local level to improve the	1190
state's social service delivery system. The agreements may include	1191
provisions regarding the receipt, transfer, and expenditure of	1192
funds;	1193

(h) Identify public and private funding sources for services	1194
provided to alleged or adjudicated unruly children and children	1195
who are at risk of being alleged or adjudicated unruly children,	1196
including regulations governing access to and use of the services;	1197

(i) Collect information provided by local communities	1198
regarding successful programs for prevention, intervention, and	1199
treatment of unruly behavior, including evaluations of the	1200
programs;	1201

(j) Identify and disseminate publications regarding alleged	1202
or adjudicated unruly children and children who are at risk of	1203
being alleged or adjudicated unruly children and regarding	1204
programs serving those types of children;	1205

(k) Maintain an inventory of strategic planning facilitators	1206
for use by government or nonprofit entities that serve alleged or	1207
adjudicated unruly children or children who are at risk of being	1208
alleged or adjudicated unruly children.	1209

(3) The cabinet council shall provide for the following:

1210

(a) Reviews of service and treatment plans for children for	1211
which such reviews are requested;	1212

(b) Assistance as the council determines to be necessary to	1213
meet the needs of children referred by county family and children	1214
first councils;	1215

(c) Monitoring and supervision of a statewide, comprehensive,	1216
coordinated, multi-disciplinary, interagency system for infants	1217
and toddlers with developmental disabilities or delays and their	1218
families, as established pursuant to federal grants received and	1219
administered by the department of health for early intervention	1220
services under the "Individuals with Disabilities Education Act of	1221
2004," 20 U.S.C.A. 1400, as amended.	1222

(4) The cabinet council shall develop and implement the	1223
following:	1224

(a) An interagency process to select the indicators that will	1225
be used to measure progress toward increasing child well-being in	1226
the state and to update the indicators on an annual basis. The	1227
indicators shall focus on expectant parents and newborns thriving;	1228
infants and toddlers thriving; children being ready for school;	1229
children and youth succeeding in school; youth choosing healthy	1230
behaviors; and youth successfully transitioning into adulthood.	1231

(b) An interagency system to offer guidance and monitor	1232
progress toward increasing child well-being in the state and in	1233
each county;	1234

(c) An annual plan that identifies state-level agency efforts	1235
taken to ensure progress towards increasing child well-being in	1236
the state.	1237

On an annual basis, the cabinet council shall submit to the	1238
governor and the general assembly a report on the status of	1239
efforts to increase child well-being in the state. This report	1240
shall be made available to any other person on request.	1241

(B)(1) Each board of county commissioners shall establish a	1242
county family and children first council. The board may invite any	1243
local public or private agency or group that funds, advocates, or	1244
provides services to children and families to have a	1245
representative become a permanent or temporary member of its	1246
county council. Each county council must include the following	1247
individuals:	1248

(a) At least three individuals who are not employed by an	1249
agency represented on the council and whose families are or have	1250
received services from an agency represented on the council or	1251
another county's council. Where possible, the number of members	1252
representing families shall be equal to twenty per cent of the	1253
council's membership.	1254

(b) The director of the board of alcohol, drug addiction, and	1255
mental health services that serves the county, or, in the case of	1256
a county that has a board of alcohol and drug addiction services	1257
and a community mental health board, the directors of both boards.	1258
If a board of alcohol, drug addiction, and mental health services	1259
covers more than one county, the director may designate a person	1260
to participate on the county's council.	1261

(c) The health commissioner, or the commissioner's designee,	1262
of the board of health of each city and general health district in	1263
the county. If the county has two or more health districts, the	1264
health commissioner membership may be limited to the commissioners	1265
of the two districts with the largest populations.	1266

(d) The director of the county department of job and family	1267
services;	1268

(e) The executive director of the public children services	1269
agency;	1270

(f) The superintendent of the county board of ~~mental~~	1271
~~retardation and~~ developmental disabilities;	1272

(g) The superintendent of the city, exempted village, or	1273
local school district with the largest number of pupils residing	1274
in the county, as determined by the department of education, which	1275
shall notify each board of county commissioners of its	1276
determination at least biennially;	1277

(h) A school superintendent representing all other school	1278
districts with territory in the county, as designated at a	1279
biennial meeting of the superintendents of those districts;	1280

(i) A representative of the municipal corporation with the	1281
largest population in the county;	1282

(j) The president of the board of county commissioners or an	1283
individual designated by the board;	1284

(k) A representative of the regional office of the department	1285
of youth services;	1286

(l) A representative of the county's head start agencies, as	1287
defined in section 3301.32 of the Revised Code;	1288

(m) A representative of the county's early intervention	1289
collaborative established pursuant to the federal early	1290
intervention program operated under the "Individuals with	1291
Disabilities Education Act of 2004";	1292

(n) A representative of a local nonprofit entity that funds,	1293
advocates, or provides services to children and families.	1294

Notwithstanding any other provision of law, the public	1295
members of a county council are not prohibited from serving on the	1296
council and making decisions regarding the duties of the council,	1297
including those involving the funding of joint projects and those	1298
outlined in the county's service coordination mechanism	1299
implemented pursuant to division (C) of this section.	1300

The cabinet council shall establish a state appeals process	1301
to resolve disputes among the members of a county council	1302
concerning whether reasonable responsibilities as members are	1303
being shared. The appeals process may be accessed only by a	1304
majority vote of the council members who are required to serve on	1305
the council. Upon appeal, the cabinet council may order that state	1306
funds for services to children and families be redirected to a	1307
county's board of county commissioners.	1308

The county's juvenile court judge senior in service or	1309
another judge of the juvenile court designated by the	1310
administrative judge or, where there is no administrative judge,	1311
by the judge senior in service shall serve as the judicial advisor	1312
to the county family and children first council. The judge may	1313
advise the county council on the court's utilization of resources,	1314
services, or programs provided by the entities represented by the	1315
members of the county council and how those resources, services,	1316
or programs assist the court in its administration of justice.	1317
Service of a judge as a judicial advisor pursuant to this section	1318
is a judicial function.	1319

(2) The purpose of the county council is to streamline and	1320
coordinate existing government services for families seeking	1321
services for their children. In seeking to fulfill its purpose, a	1322
county council shall provide for the following:	1323

(a) Referrals to the cabinet council of those children for	1324
whom the county council cannot provide adequate services;	1325

(b) Development and implementation of a process that annually	1326
evaluates and prioritizes services, fills service gaps where	1327
possible, and invents new approaches to achieve better results for	1328
families and children;	1329

(c) Participation in the development of a countywide,	1330
comprehensive, coordinated, multi-disciplinary, interagency system	1331
for infants and toddlers with developmental disabilities or delays	1332
and their families, as established pursuant to federal grants	1333
received and administered by the department of health for early	1334
intervention services under the "Individuals with Disabilities	1335
Education Act of 2004";	1336

(d) Maintenance of an accountability system to monitor the	1337
county council's progress in achieving results for families and	1338
children;	1339

(e) Establishment of a mechanism to ensure ongoing input from	1340
a broad representation of families who are receiving services	1341
within the county system.	1342

(3) A county council shall develop and implement the	1343
following:	1344

(a) An interagency process to establish local indicators and	1345
monitor the county's progress toward increasing child well-being	1346
in the county;	1347

(b) An interagency process to identify local priorities to	1348
increase child well-being. The local priorities shall focus on	1349
expectant parents and newborns thriving; infants and toddlers	1350
thriving; children being ready for school; children and youth	1351
succeeding in school; youth choosing healthy behaviors; and youth	1352
successfully transitioning into adulthood and take into account	1353
the indicators established by the cabinet council under division	1354
(A)(4)(a) of this section.	1355

(c) An annual plan that identifies the county's interagency	1356
efforts to increase child well-being in the county.	1357

On an annual basis, the county council shall submit a report	1358
on the status of efforts by the county to increase child	1359
well-being in the county to the county's board of county	1360
commissioners and the cabinet council. This report shall be made	1361
available to any other person on request.	1362

(4)(a) Except as provided in division (B)(4)(b) of this	1363
section, a county council shall comply with the policies,	1364
procedures, and activities prescribed by the rules or interagency	1365
agreements of a state department participating on the cabinet	1366
council whenever the county council performs a function subject to	1367
those rules or agreements.	1368

(b) On application of a county council, the cabinet council	1369
may grant an exemption from any rules or interagency agreements of	1370
a state department participating on the council if an exemption is	1371
necessary for the council to implement an alternative program or	1372
approach for service delivery to families and children. The	1373
application shall describe the proposed program or approach and	1374
specify the rules or interagency agreements from which an	1375
exemption is necessary. The cabinet council shall approve or	1376
disapprove the application in accordance with standards and	1377
procedures it shall adopt. If an application is approved, the	1378
exemption is effective only while the program or approach is being	1379
implemented, including a reasonable period during which the	1380
program or approach is being evaluated for effectiveness.	1381

(5)(a) Each county council shall designate an administrative	1382
agent for the council from among the following public entities:	1383
the board of alcohol, drug addiction, and mental health services,	1384
including a board of alcohol and drug addiction or a community	1385
mental health board if the county is served by separate boards;	1386
the board of county commissioners; any board of health of the	1387
county's city and general health districts; the county department	1388
of job and family services; the county agency responsible for the	1389
administration of children services pursuant to section 5153.15 of	1390
the Revised Code; the county board of ~~mental retardation and~~	1391
developmental disabilities; any of the county's boards of	1392
education or governing boards of educational service centers; or	1393
the county's juvenile court. Any of the foregoing public entities,	1394
other than the board of county commissioners, may decline to serve	1395
as the council's administrative agent.	1396

A county council's administrative agent shall serve as the	1397
council's appointing authority for any employees of the council.	1398
The council shall file an annual budget with its administrative	1399
agent, with copies filed with the county auditor and with the	1400
board of county commissioners, unless the board is serving as the	1401
council's administrative agent. The council's administrative agent	1402
shall ensure that all expenditures are handled in accordance with	1403
policies, procedures, and activities prescribed by state	1404
departments in rules or interagency agreements that are applicable	1405
to the council's functions.	1406

The administrative agent of a county council shall send	1407
notice of a member's absence if a member listed in division (B)(1)	1408
of this section has been absent from either three consecutive	1409
meetings of the county council or a county council subcommittee,	1410
or from one-quarter of such meetings in a calendar year, whichever	1411
is less. The notice shall be sent to the board of county	1412
commissioners that establishes the county council and, for the	1413
members listed in divisions (B)(1)(b), (c), (e), and (l) of this	1414
section, to the governing board overseeing the respective entity;	1415
for the member listed in division (B)(1)(f) of this section, to	1416
the county board of ~~mental retardation and~~ developmental	1417
disabilities that employs the superintendent; for a member listed	1418
in division (B)(1)(g) or (h) of this section, to the school board	1419
that employs the superintendent; for the member listed in division	1420
(B)(1)(i) of this section, to the mayor of the municipal	1421
corporation; for the member listed in division (B)(1)(k) of this	1422
section, to the director of youth services; and for the member	1423
listed in division (B)(1)(n), to that member's board of trustees.	1424

The administrative agent for a county council may do any of	1425
the following on behalf of the council:	1426

(i) Enter into agreements or administer contracts with public	1427
or private entities to fulfill specific council business. Such	1428
agreements and contracts are exempt from the competitive bidding	1429
requirements of section 307.86 of the Revised Code if they have	1430
been approved by the county council and they are for the purchase	1431
of family and child welfare or child protection services or other	1432
social or job and family services for families and children. The	1433
approval of the county council is not required to exempt	1434
agreements or contracts entered into under section 5139.34,	1435
5139.41, or 5139.43 of the Revised Code from the competitive	1436
bidding requirements of section 307.86 of the Revised Code.	1437

(ii) As determined by the council, provide financial	1438
stipends, reimbursements, or both, to family representatives for	1439
expenses related to council activity;	1440

(iii) Receive by gift, grant, devise, or bequest any moneys,	1441
lands, or other property for the purposes for which the council is	1442
established. The agent shall hold, apply, and dispose of the	1443
moneys, lands, or other property according to the terms of the	1444
gift, grant, devise, or bequest. Any interest or earnings shall be	1445
treated in the same manner and are subject to the same terms as	1446
the gift, grant, devise, or bequest from which it accrues.	1447

(b)(i) If the county council designates the board of county	1448
commissioners as its administrative agent, the board may, by	1449
resolution, delegate any of its powers and duties as	1450
administrative agent to an executive committee the board	1451
establishes from the membership of the county council. The board	1452
shall name to the executive committee at least the individuals	1453
described in divisions (B)(1)(b) to (h) of this section and may	1454
appoint the president of the board or another individual as the	1455
chair of the executive committee. The executive committee must	1456
include at least one family county council representative who does	1457
not have a family member employed by an agency represented on the	1458
council.	1459

(ii) The executive committee may, with the approval of the	1460
board, hire an executive director to assist the county council in	1461
administering its powers and duties. The executive director shall	1462
serve in the unclassified civil service at the pleasure of the	1463
executive committee. The executive director may, with the approval	1464
of the executive committee, hire other employees as necessary to	1465
properly conduct the county council's business.	1466

(iii) The board may require the executive committee to submit	1467
an annual budget to the board for approval and may amend or repeal	1468
the resolution that delegated to the executive committee its	1469
authority as the county council's administrative agent.	1470

(6) Two or more county councils may enter into an agreement	1471
to administer their county councils jointly by creating a regional	1472
family and children first council. A regional council possesses	1473
the same duties and authority possessed by a county council,	1474
except that the duties and authority apply regionally rather than	1475
to individual counties. Prior to entering into an agreement to	1476
create a regional council, the members of each county council to	1477
be part of the regional council shall meet to determine whether	1478
all or part of the members of each county council will serve as	1479
members of the regional council.	1480

(7) A board of county commissioners may approve a resolution	1481
by a majority vote of the board's members that requires the county	1482
council to submit a statement to the board each time the council	1483
proposes to enter into an agreement, adopt a plan, or make a	1484
decision, other than a decision pursuant to section 121.38 of the	1485
Revised Code, that requires the expenditure of funds for two or	1486
more families. The statement shall describe the proposed	1487
agreement, plan, or decision.	1488

Not later than fifteen days after the board receives the	1489
statement, it shall, by resolution approved by a majority of its	1490
members, approve or disapprove the agreement, plan, or decision.	1491
Failure of the board to pass a resolution during that time period	1492
shall be considered approval of the agreement, plan, or decision.	1493

An agreement, plan, or decision for which a statement is	1494
required to be submitted to the board shall be implemented only if	1495
it is approved by the board.	1496

(C) Each county shall develop a county service coordination	1497
mechanism. The county service coordination mechanism shall serve	1498
as the guiding document for coordination of services in the	1499
county. For children who also receive services under the help me	1500
grow program, the service coordination mechanism shall be	1501
consistent with rules adopted by the department of health under	1502
section 3701.61 of the Revised Code. All family service	1503
coordination plans shall be developed in accordance with the	1504
county service coordination mechanism. The mechanism shall be	1505
developed and approved with the participation of the county	1506
entities representing child welfare; mental retardation and	1507
developmental disabilities; alcohol, drug addiction, and mental	1508
health services; health; juvenile judges; education; the county	1509
family and children first council; and the county early	1510
intervention collaborative established pursuant to the federal	1511
early intervention program operated under the "Individuals with	1512
Disabilities Education Act of 2004." The county shall establish an	1513
implementation schedule for the mechanism. The cabinet council may	1514
monitor the implementation and administration of each county's	1515
service coordination mechanism.	1516

Each mechanism shall include all of the following:

1517

(1) A procedure for an agency, including a juvenile court, or	1518
a family voluntarily seeking service coordination, to refer the	1519
child and family to the county council for service coordination in	1520
accordance with the mechanism;	1521

(2) A procedure ensuring that a family and all appropriate	1522
staff from involved agencies, including a representative from the	1523
appropriate school district, are notified of and invited to	1524
participate in all family service coordination plan meetings;	1525

(3) A procedure that permits a family to initiate a meeting	1526
to develop or review the family's service coordination plan and	1527
allows the family to invite a family advocate, mentor, or support	1528
person of the family's choice to participate in any such meeting;	1529

(4) A procedure for ensuring that a family service	1530
coordination plan meeting is conducted for each child who receives	1531
service coordination under the mechanism and for whom an emergency	1532
out-of-home placement has been made or for whom a nonemergency	1533
out-of-home placement is being considered. The meeting shall be	1534
conducted within ten days of an emergency out-of-home placement.	1535
The meeting shall be conducted before a nonemergency out-of-home	1536
placement. The family service coordination plan shall outline how	1537
the county council members will jointly pay for services, where	1538
applicable, and provide services in the least restrictive	1539
environment.	1540

(5) A procedure for monitoring the progress and tracking the	1541
outcomes of each service coordination plan requested in the county	1542
including monitoring and tracking children in out-of-home	1543
placements to assure continued progress, appropriateness of	1544
placement, and continuity of care after discharge from placement	1545
with appropriate arrangements for housing, treatment, and	1546
education.	1547

(6) A procedure for protecting the confidentiality of all	1548
personal family information disclosed during service coordination	1549
meetings or contained in the comprehensive family service	1550
coordination plan.	1551

(7) A procedure for assessing the needs and strengths of any	1552
child or family that has been referred to the council for service	1553
coordination, including a child whose parent or custodian is	1554
voluntarily seeking services, and for ensuring that parents and	1555
custodians are afforded the opportunity to participate;	1556

(8) A procedure for development of a family service	1557
coordination plan described in division (D) of this section;	1558

(9) A local dispute resolution process to serve as the	1559
process that must be used first to resolve disputes among the	1560
agencies represented on the county council concerning the	1561
provision of services to children, including children who are	1562
abused, neglected, dependent, unruly, alleged unruly, or	1563
delinquent children and under the jurisdiction of the juvenile	1564
court and children whose parents or custodians are voluntarily	1565
seeking services. The local dispute resolution process shall	1566
comply with sections 121.38, 121.381, and 121.382 of the Revised	1567
Code. The local dispute resolution process shall be used to	1568
resolve disputes between a child's parents or custodians and the	1569
county council regarding service coordination. The county council	1570
shall inform the parents or custodians of their right to use the	1571
dispute resolution process. Parents or custodians shall use	1572
existing local agency grievance procedures to address disputes not	1573
involving service coordination. The dispute resolution process is	1574
in addition to and does not replace other rights or procedures	1575
that parents or custodians may have under other sections of the	1576
Revised Code.	1577

The cabinet council shall adopt rules in accordance with	1578
Chapter 119. of the Revised Code establishing an administrative	1579
review process to address problems that arise concerning the	1580
operation of a local dispute resolution process.	1581

Nothing in division (C)(4) of this section shall be	1582
interpreted as overriding or affecting decisions of a juvenile	1583
court regarding an out-of-home placement, long-term placement, or	1584
emergency out-of-home placement.	1585

(D) Each county shall develop a family service coordination	1586
plan that does all of the following:	1587

(1) Designates service responsibilities among the various	1588
state and local agencies that provide services to children and	1589
their families, including children who are abused, neglected,	1590
dependent, unruly, or delinquent children and under the	1591
jurisdiction of the juvenile court and children whose parents or	1592
custodians are voluntarily seeking services;	1593

(2) Designates an individual, approved by the family, to	1594
track the progress of the family service coordination plan,	1595
schedule reviews as necessary, and facilitate the family service	1596
coordination plan meeting process;	1597

(3) Ensures that assistance and services to be provided are	1598
responsive to the strengths and needs of the family, as well as	1599
the family's culture, race, and ethnic group, by allowing the	1600
family to offer information and suggestions and participate in	1601
decisions. Identified assistance and services shall be provided in	1602
the least restrictive environment possible.	1603

(4) Includes a process for dealing with a child who is	1604
alleged to be an unruly child. The process shall include methods	1605
to divert the child from the juvenile court system;	1606

(5) Includes timelines for completion of goals specified in	1607
the plan with regular reviews scheduled to monitor progress toward	1608
those goals;	1609

(6) Includes a plan for dealing with short-term crisis	1610
situations and safety concerns.	1611

(E)(1) The process provided for under division (D)(4) of this	1612
section may include, but is not limited to, the following:	1613

(a) Designation of the person or agency to conduct the	1614
assessment of the child and the child's family as described in	1615
division (C)(7) of this section and designation of the instrument	1616
or instruments to be used to conduct the assessment;	1617

(b) An emphasis on the personal responsibilities of the child	1618
and the parental responsibilities of the parents, guardian, or	1619
custodian of the child;	1620

(c) Involvement of local law enforcement agencies and	1621
officials.	1622

(2) The method to divert a child from the juvenile court	1623
system that must be included in the service coordination process	1624
may include, but is not limited to, the following:	1625

(a) The preparation of a complaint under section 2151.27 of	1626
the Revised Code alleging that the child is an unruly child and	1627
notifying the child and the parents, guardian, or custodian that	1628
the complaint has been prepared to encourage the child and the	1629
parents, guardian, or custodian to comply with other methods to	1630
divert the child from the juvenile court system;	1631

(b) Conducting a meeting with the child, the parents,	1632
guardian, or custodian, and other interested parties to determine	1633
the appropriate methods to divert the child from the juvenile	1634
court system;	1635

(c) A method to provide to the child and the child's family a	1636
short-term respite from a short-term crisis situation involving a	1637
confrontation between the child and the parents, guardian, or	1638
custodian;	1639

(d) A program to provide a mentor to the child or the	1640
parents, guardian, or custodian;	1641

(e) A program to provide parenting education to the parents,	1642
guardian, or custodian;	1643

(f) An alternative school program for children who are truant	1644
from school, repeatedly disruptive in school, or suspended or	1645
expelled from school;	1646

(g) Other appropriate measures, including, but not limited	1647
to, any alternative methods to divert a child from the juvenile	1648
court system that are identified by the Ohio family and children	1649
first cabinet council.	1650

(F) Each county may review and revise the service	1651
coordination process described in division (D) of this section	1652
based on the availability of funds under Title IV-A of the "Social	1653
Security Act," 110 Stat. 2113 (1996), 42 U.S.C.A. 601, as amended,	1654
or to the extent resources are available from any other federal,	1655
state, or local funds.	1656

Sec. 124.11. The civil service of the state and the several	1657
counties, cities, civil service townships, city health districts,	1658
general health districts, and city school districts of the state	1659
shall be divided into the unclassified service and the classified	1660
service.	1661

(A) The unclassified service shall comprise the following	1662
positions, which shall not be included in the classified service,	1663
and which shall be exempt from all examinations required by this	1664
chapter:	1665

(1) All officers elected by popular vote or persons appointed	1666
to fill vacancies in those offices;	1667

(2) All election officers as defined in section 3501.01 of	1668
the Revised Code;	1669

(3)(a) The members of all boards and commissions, and heads	1670
of principal departments, boards, and commissions appointed by the	1671
governor or by and with the governor's consent;	1672

(b) The heads of all departments appointed by a board of	1673
county commissioners;	1674

(c) The members of all boards and commissions and all heads	1675
of departments appointed by the mayor, or, if there is no mayor,	1676
such other similar chief appointing authority of any city or city	1677
school district;	1678

Except as otherwise provided in division (A)(17) or (C) of	1679
this section, this chapter does not exempt the chiefs of police	1680
departments and chiefs of fire departments of cities or civil	1681
service townships from the competitive classified service.	1682

(4) The members of county or district licensing boards or	1683
commissions and boards of revision, and not more than five deputy	1684
county auditors;	1685

(5) All officers and employees elected or appointed by either	1686
or both branches of the general assembly, and employees of the	1687
city legislative authority engaged in legislative duties;	1688

(6) All commissioned, warrant, and noncommissioned officers	1689
and enlisted persons in the Ohio organized militia, including	1690
military appointees in the adjutant general's department;	1691

(7)(a) All presidents, business managers, administrative	1692
officers, superintendents, assistant superintendents, principals,	1693
deans, assistant deans, instructors, teachers, and such employees	1694
as are engaged in educational or research duties connected with	1695
the public school system, colleges, and universities, as	1696
determined by the governing body of the public school system,	1697
colleges, and universities;	1698

(b) The library staff of any library in the state supported	1699
wholly or in part at public expense.	1700

(8) Four clerical and administrative support employees for	1701
each of the elective state officers, four clerical and	1702
administrative support employees for each board of county	1703
commissioners and one such employee for each county commissioner,	1704
and four clerical and administrative support employees for other	1705
elective officers and each of the principal appointive executive	1706
officers, boards, or commissions, except for civil service	1707
commissions, that are authorized to appoint such clerical and	1708
administrative support employees;	1709

(9) The deputies and assistants of state agencies authorized	1710
to act for and on behalf of the agency, or holding a fiduciary or	1711
administrative relation to that agency and those persons employed	1712
by and directly responsible to elected county officials or a	1713
county administrator and holding a fiduciary or administrative	1714
relationship to such elected county officials or county	1715
administrator, and the employees of such county officials whose	1716
fitness would be impracticable to determine by competitive	1717
examination, provided that division (A)(9) of this section shall	1718
not affect those persons in county employment in the classified	1719
service as of September 19, 1961. Nothing in division (A)(9) of	1720
this section applies to any position in a county department of job	1721
and family services created pursuant to Chapter 329. of the	1722
Revised Code.	1723

(10) Bailiffs, constables, official stenographers, and	1724
commissioners of courts of record, deputies of clerks of the	1725
courts of common pleas who supervise or who handle public moneys	1726
or secured documents, and such officers and employees of courts of	1727
record and such deputies of clerks of the courts of common pleas	1728
as the director of administrative services finds it impracticable	1729
to determine their fitness by competitive examination;	1730

(11) Assistants to the attorney general, special counsel	1731
appointed or employed by the attorney general, assistants to	1732
county prosecuting attorneys, and assistants to city directors of	1733
law;	1734

(12) Such teachers and employees in the agricultural	1735
experiment stations; such students in normal schools, colleges,	1736
and universities of the state who are employed by the state or a	1737
political subdivision of the state in student or intern	1738
classifications; and such unskilled labor positions as the	1739
director of administrative services or any municipal civil service	1740
commission may find it impracticable to include in the competitive	1741
classified service; provided such exemptions shall be by order of	1742
the commission or the director, duly entered on the record of the	1743
commission or the director with the reasons for each such	1744
exemption;	1745

(13) Any physician or dentist who is a full-time employee of	1746
the department of mental health, the department of mental	1747
retardation and developmental disabilities, or an institution	1748
under the jurisdiction of either department; and physicians who	1749
are in residency programs at the institutions;	1750

(14) Up to twenty positions at each institution under the	1751
jurisdiction of the department of mental health or the department	1752
of mental retardation and developmental disabilities that the	1753
department director determines to be primarily administrative or	1754
managerial; and up to fifteen positions in any division of either	1755
department, excluding administrative assistants to the director	1756
and division chiefs, which are within the immediate staff of a	1757
division chief and which the director determines to be primarily	1758
and distinctively administrative and managerial;	1759

(15) Noncitizens of the United States employed by the state,	1760
or its counties or cities, as physicians or nurses who are duly	1761
licensed to practice their respective professions under the laws	1762
of this state, or medical assistants, in mental or chronic disease	1763
hospitals, or institutions;	1764

(16) Employees of the governor's office;

1765

(17) Fire chiefs and chiefs of police in civil service	1766
townships appointed by boards of township trustees under section	1767
505.38 or 505.49 of the Revised Code;	1768

(18) Executive directors, deputy directors, and program	1769
directors employed by boards of alcohol, drug addiction, and	1770
mental health services under Chapter 340. of the Revised Code, and	1771
secretaries of the executive directors, deputy directors, and	1772
program directors;	1773

(19) Superintendents, and management employees as defined in	1774
section 5126.20 of the Revised Code, of county boards of ~~mental~~	1775
~~retardation and~~ developmental disabilities;	1776

(20) Physicians, nurses, and other employees of a county	1777
hospital who are appointed pursuant to sections 339.03 and 339.06	1778
of the Revised Code;	1779

(21) The executive director of the state medical board, who	1780
is appointed pursuant to division (B) of section 4731.05 of the	1781
Revised Code;	1782

(22) County directors of job and family services as provided	1783
in section 329.02 of the Revised Code and administrators appointed	1784
under section 329.021 of the Revised Code;	1785

(23) A director of economic development who is hired pursuant	1786
to division (A) of section 307.07 of the Revised Code;	1787

(24) Chiefs of construction and compliance, of operations and	1788
maintenance, and of licensing and certification in the division of	1789
industrial compliance in the department of commerce;	1790

(25) The executive director of a county transit system	1791
appointed under division (A) of section 306.04 of the Revised	1792
Code;	1793

(26) Up to five positions at each of the administrative	1794
departments listed in section 121.02 of the Revised Code and at	1795
the department of taxation, department of the adjutant general,	1796
department of education, Ohio board of regents, bureau of workers'	1797
compensation, industrial commission, state lottery commission, and	1798
public utilities commission of Ohio that the head of that	1799
administrative department or of that other state agency determines	1800
to be involved in policy development and implementation. The head	1801
of the administrative department or other state agency shall set	1802
the compensation for employees in these positions at a rate that	1803
is not less than the minimum compensation specified in pay range	1804
41 but not more than the maximum compensation specified in pay	1805
range 44 of salary schedule E-2 in section 124.152 of the Revised	1806
Code. The authority to establish positions in the unclassified	1807
service under division (A)(26) of this section is in addition to	1808
and does not limit any other authority that an administrative	1809
department or state agency has under the Revised Code to establish	1810
positions, appoint employees, or set compensation.	1811

(27) Employees of the department of agriculture employed	1812
under section 901.09 of the Revised Code;	1813

(28) For cities, counties, civil service townships, city	1814
health districts, general health districts, and city school	1815
districts, the deputies and assistants of elective or principal	1816
executive officers authorized to act for and in the place of their	1817
principals or holding a fiduciary relation to their principals;	1818

(29) Employees who receive intermittent or temporary	1819
appointments under division (B) of section 124.30 of the Revised	1820
Code;	1821

(30) Employees appointed to administrative staff positions	1822
for which an appointing authority is given specific statutory	1823
authority to set compensation;	1824

(31) Employees appointed to highway patrol cadet or highway	1825
patrol cadet candidate classifications;	1826

(32) Employees placed in the unclassified service by another	1827
section of the Revised Code.	1828

(B) The classified service shall comprise all persons in the	1829
employ of the state and the several counties, cities, city health	1830
districts, general health districts, and city school districts of	1831
the state, not specifically included in the unclassified service.	1832
Upon the creation by the board of trustees of a civil service	1833
township civil service commission, the classified service shall	1834
also comprise, except as otherwise provided in division (A)(17) or	1835
(C) of this section, all persons in the employ of a civil service	1836
township police or fire department having ten or more full-time	1837
paid employees. The classified service consists of two classes,	1838
which shall be designated as the competitive class and the	1839
unskilled labor class.	1840

(1) The competitive class shall include all positions and	1841
employments in the state and the counties, cities, city health	1842
districts, general health districts, and city school districts of	1843
the state, and, upon the creation by the board of trustees of a	1844
civil service township of a township civil service commission, all	1845
positions in a civil service township police or fire department	1846
having ten or more full-time paid employees, for which it is	1847
practicable to determine the merit and fitness of applicants by	1848
competitive examinations. Appointments shall be made to, or	1849
employment shall be given in, all positions in the competitive	1850
class that are not filled by promotion, reinstatement, transfer,	1851
or reduction, as provided in this chapter, and the rules of the	1852
director of administrative services, by appointment from those	1853
certified to the appointing officer in accordance with this	1854
chapter.	1855

(2) The unskilled labor class shall include ordinary	1856
unskilled laborers. Vacancies in the labor class for positions in	1857
service of the state shall be filled by appointment from lists of	1858
applicants registered by the director. Vacancies in the labor	1859
class for all other positions shall be filled by appointment from	1860
lists of applicants registered by a commission. The director or	1861
the commission, as applicable, by rule, shall require an applicant	1862
for registration in the labor class to furnish evidence or take	1863
tests as the director or commission considers proper with respect	1864
to age, residence, physical condition, ability to labor, honesty,	1865
sobriety, industry, capacity, and experience in the work or	1866
employment for which application is made. Laborers who fulfill the	1867
requirements shall be placed on the eligible list for the kind of	1868
labor or employment sought, and preference shall be given in	1869
employment in accordance with the rating received from that	1870
evidence or in those tests. Upon the request of an appointing	1871
officer, stating the kind of labor needed, the pay and probable	1872
length of employment, and the number to be employed, the director	1873
or commission, as applicable, shall certify from the highest on	1874
the list double the number to be employed; from this number, the	1875
appointing officer shall appoint the number actually needed for	1876
the particular work. If more than one applicant receives the same	1877
rating, priority in time of application shall determine the order	1878
in which their names shall be certified for appointment.	1879

(C) A municipal or civil service township civil service	1880
commission may place volunteer firefighters who are paid on a	1881
fee-for-service basis in either the classified or the unclassified	1882
civil service.	1883

(D) This division does not apply to persons in the	1884
unclassified service who have the right to resume positions in the	1885
classified service under sections 4121.121, 5119.071, 5120.07,	1886
5120.38, 5120.381, 5120.382, 5123.08, 5139.02, and 5501.19 of the	1887
Revised Code.	1888

An appointing authority whose employees are paid directly by	1889
warrant of the director of budget and management may appoint a	1890
person who holds a certified position in the classified service	1891
within the appointing authority's agency to a position in the	1892
unclassified service within that agency. A person appointed	1893
pursuant to this division to a position in the unclassified	1894
service shall retain the right to resume the position and status	1895
held by the person in the classified service immediately prior to	1896
the person's appointment to the position in the unclassified	1897
service, regardless of the number of positions the person held in	1898
the unclassified service. An employee's right to resume a position	1899
in the classified service may only be exercised when an appointing	1900
authority demotes the employee to a pay range lower than the	1901
employee's current pay range or revokes the employee's appointment	1902
to the unclassified service. An employee forfeits the right to	1903
resume a position in the classified service when the employee is	1904
removed from the position in the unclassified service due to	1905
incompetence, inefficiency, dishonesty, drunkenness, immoral	1906
conduct, insubordination, discourteous treatment of the public,	1907
neglect of duty, violation of this chapter or the rules of the	1908
director of administrative services, any other failure of good	1909
behavior, any other acts of misfeasance, malfeasance, or	1910
nonfeasance in office, or conviction of a felony. An employee also	1911
forfeits the right to resume a position in the classified service	1912
upon transfer to a different agency.	1913

Reinstatement to a position in the classified service shall	1914
be to a position substantially equal to that position in the	1915
classified service held previously, as certified by the director	1916
of administrative services. If the position the person previously	1917
held in the classified service has been placed in the unclassified	1918
service or is otherwise unavailable, the person shall be appointed	1919
to a position in the classified service within the appointing	1920
authority's agency that the director of administrative services	1921
certifies is comparable in compensation to the position the person	1922
previously held in the classified service. Service in the position	1923
in the unclassified service shall be counted as service in the	1924
position in the classified service held by the person immediately	1925
prior to the person's appointment to the position in the	1926
unclassified service. When a person is reinstated to a position in	1927
the classified service as provided in this division, the person is	1928
entitled to all rights, status, and benefits accruing to the	1929
position in the classified service during the person's time of	1930
service in the position in the unclassified service.	1931

Sec. 124.23. (A) All applicants for positions and places in	1932
the classified service shall be subject to examination, except for	1933
applicants for positions as professional or certified service and	1934
paraprofessional employees of county boards of ~~mental retardation~~	1935
~~and~~ developmental disabilities, who shall be hired in the manner	1936
provided in section 124.241 of the Revised Code.	1937

(B) Any examination administered under this section shall be	1938
public and be open to all citizens of the United States and those	1939
persons who have legally declared their intentions of becoming	1940
United States citizens, within certain limitations to be	1941
determined by the director of administrative services as to	1942
citizenship, age, experience, education, health, habit, and moral	1943
character. Any person who has completed service in the uniformed	1944
services, who has been honorably discharged from the uniformed	1945
services or transferred to the reserve with evidence of	1946
satisfactory service, and who is a resident of this state and any	1947
member of the national guard or a reserve component of the armed	1948
forces of the United States who has completed more than one	1949
hundred eighty days of active duty service pursuant to an	1950
executive order of the president of the United States or an act of	1951
the congress of the United States may file with the director a	1952
certificate of service or honorable discharge, and, upon this	1953
filing, the person shall receive additional credit of twenty per	1954
cent of the person's total grade given in the regular examination	1955
in which the person receives a passing grade.	1956

As used in this division, "service in the uniformed services"	1957
and "uniformed services" have the same meanings as in the	1958
"Uniformed Services Employment and Reemployment Rights Act of	1959
1994," 108 Stat. 3149, 38 U.S.C.A. 4303.	1960

(C) An examination may include an evaluation of such factors	1961
as education, training, capacity, knowledge, manual dexterity, and	1962
physical or psychological fitness. An examination shall consist of	1963
one or more tests in any combination. Tests may be written, oral,	1964
physical, demonstration of skill, or an evaluation of training and	1965
experiences and shall be designed to fairly test the relative	1966
capacity of the persons examined to discharge the particular	1967
duties of the position for which appointment is sought. Tests may	1968
include structured interviews, assessment centers, work	1969
simulations, examinations of knowledge, skills, and abilities, and	1970
any other acceptable testing methods. If minimum or maximum	1971
requirements are established for any examination, they shall be	1972
specified in the examination announcement.	1973

(D) The director of administrative services shall have	1974
control of all examinations, except as otherwise provided in	1975
sections 124.01 to 124.64 of the Revised Code. No questions in any	1976
examination shall relate to political or religious opinions or	1977
affiliations. No credit for seniority, efficiency, or any other	1978
reason shall be added to an applicant's examination grade unless	1979
the applicant achieves at least the minimum passing grade on the	1980
examination without counting that extra credit.	1981

(E) Except as otherwise provided in sections 124.01 to 124.64	1982
of the Revised Code, the director of administrative services shall	1983
give reasonable notice of the time, place, and general scope of	1984
every competitive examination for appointment to a position in the	1985
civil service. The director shall send written, printed, or	1986
electronic notices of every examination to be conducted in the	1987
state classified service to each agency of the type the director	1988
of job and family services specifies and, in the case of a county	1989
in which no such agency is located, to the clerk of the court of	1990
common pleas of that county and to the clerk of each city located	1991
within that county. Those notices shall be posted in conspicuous	1992
public places in the designated agencies or the courthouse, and	1993
city hall of the cities, of the counties in which no designated	1994
agency is located for at least two weeks preceding any examination	1995
involved, and in a conspicuous place in the office of the director	1996
of administrative services for at least two weeks preceding any	1997
examination involved. In case of examinations limited by the	1998
director to a district, county, city, or department, the director	1999
shall provide by rule for adequate publicity of an examination in	2000
the district, county, city, or department within which competition	2001
is permitted.	2002

Sec. 124.241. As used in this section, "professional	2003
employee" has the same meaning as in section 5126.20 of the	2004
Revised Code and "registered service employee" means a service	2005
employee, as defined in section 5126.20 of the Revised Code, who	2006
is registered under section 5126.25 of the Revised Code.	2007

County boards of ~~mental retardation and~~ developmental	2008
disabilities may hire professional employees and registered	2009
service employees in the classified service on the basis of the	2010
candidates' qualifications rather than on the basis of the results	2011
of an examination administered by the director of administrative	2012
services pursuant to section 124.23 of the Revised Code.	2013

Sec. 124.38. Each of the following shall be entitled for	2014
each completed eighty hours of service to sick leave of four and	2015
six-tenths hours with pay:	2016

(A) Employees in the various offices of the county,	2017
municipal, and civil service township service, other than	2018
superintendents and management employees, as defined in section	2019
5126.20 of the Revised Code, of county boards of ~~mental~~	2020
~~retardation and~~ developmental disabilities;	2021

(B) Employees of any state college or university;

2022

(C) Employees of any board of education for whom sick leave	2023
is not provided by section 3319.141 of the Revised Code.	2024

Employees may use sick leave, upon approval of the	2025
responsible administrative officer of the employing unit, for	2026
absence due to personal illness, pregnancy, injury, exposure to	2027
contagious disease that could be communicated to other employees,	2028
and illness, injury, or death in the employee's immediate family.	2029
Unused sick leave shall be cumulative without limit. When sick	2030
leave is used, it shall be deducted from the employee's credit on	2031
the basis of one hour for every one hour of absence from	2032
previously scheduled work.	2033

The previously accumulated sick leave of an employee who has	2034
been separated from the public service shall be placed to the	2035
employee's credit upon the employee's re-employment in the public	2036
service, provided that the re-employment takes place within ten	2037
years of the date on which the employee was last terminated from	2038
public service. This ten-year period shall be tolled for any	2039
period during which the employee holds elective public office,	2040
whether by election or by appointment.	2041

An employee who transfers from one public agency to another	2042
shall be credited with the unused balance of the employee's	2043
accumulated sick leave up to the maximum of the sick leave	2044
accumulation permitted in the public agency to which the employee	2045
transfers.	2046

The appointing authorities of the various offices of the	2047
county service may permit all or any part of a person's accrued	2048
but unused sick leave acquired during service with any regional	2049
council of government established in accordance with Chapter 167.	2050
of the Revised Code to be credited to the employee upon a transfer	2051
as if the employee were transferring from one public agency to	2052
another under this section.	2053

The appointing authority of each employing unit shall require	2054
an employee to furnish a satisfactory written, signed statement to	2055
justify the use of sick leave. If medical attention is required, a	2056
certificate stating the nature of the illness from a licensed	2057
physician shall be required to justify the use of sick leave.	2058
Falsification of either a written, signed statement or a	2059
physician's certificate shall be grounds for disciplinary action,	2060
including dismissal.	2061

This section does not interfere with existing unused sick	2062
leave credit in any agency of government where attendance records	2063
are maintained and credit has been given employees for unused sick	2064
leave.	2065

Notwithstanding this section or any other section of the	2066
Revised Code, any appointing authority of a county office,	2067
department, commission, board, or body may, upon notification to	2068
the board of county commissioners, establish alternative schedules	2069
of sick leave for employees of the appointing authority for whom	2070
the state employment relations board has not established an	2071
appropriate bargaining unit pursuant to section 4117.06 of the	2072
Revised Code, as long as the alternative schedules are not	2073
inconsistent with the provisions of at least one collective	2074
bargaining agreement covering other employees of that appointing	2075
authority, if such a collective bargaining agreement exists. If no	2076
such collective bargaining agreement exists, an appointing	2077
authority may, upon notification to the board of county	2078
commissioners, establish an alternative schedule of sick leave for	2079
its employees that does not diminish the sick leave benefits	2080
granted by this section.	2081

Sec. 135.801. (A) As used in sections 135.801 to 135.803 of	2082
the Revised Code, "eligible lending institution," "eligible	2083
organization," "investing authority," "residential facility," and	2084
"residential facility linked deposit program" have the same	2085
meanings as in section 5126.51 of the Revised Code.	2086

(B) The board of county commissioners may adopt a resolution	2087
implementing a residential facility linked deposit program under	2088
sections 5126.51 to 5126.62 of the Revised Code if it finds each	2089
of the following:	2090

(1) The county board of ~~mental retardation and~~ developmental	2091
disabilities has adopted a resolution under section 5126.49 of the	2092
Revised Code.	2093

(2) There is a shortage of residential facilities in the	2094
county for individuals with mental retardation or developmental	2095
disabilities.	2096

(3) Eligible organizations, otherwise willing and able to	2097
develop residential facilities in the county, have been unable to	2098
do so because of high interest rates.	2099

(4) Placement of residential facility linked deposits will	2100
assist in financing the development of residential facilities in	2101
the county that otherwise would not be developed because of high	2102
interest rates.	2103

(5) Public moneys of the county are available for purposes of	2104
the residential facility linked deposit program.	2105

(6) At least one eligible lending institution has an office	2106
located within the territorial limits of the county into which the	2107
board may deposit the public moneys of the county.	2108

Sec. 135.802. The board of county commissioners shall	2109
include each of the following in a resolution implementing a	2110
residential facility linked deposit program under sections 5126.51	2111
to 5126.62 of the Revised Code:	2112

(A) Specific findings of fact justifying implementation of	2113
the residential facility linked deposit program in the county;	2114

(B) Guidelines to be followed by the county board of ~~mental~~	2115
~~retardation and~~ developmental disabilities in establishing	2116
standards under section 5126.49 of the Revised Code for approving	2117
applications for linked deposit loans;	2118

(C) Instructions to the county's investing authority as	2119
necessary for the placement and monitoring of, and for reporting	2120
with regard to, residential facility linked deposits under	2121
sections 5126.59 to 5126.61 of the Revised Code;	2122

(D) Any information the board requires an applicant for a	2123
residential facility linked deposit loan to provide to the county	2124
board of ~~mental retardation and~~ developmental disabilities that	2125
would not otherwise be provided to that board by the applicant	2126
pursuant to sections 5126.51 to 5126.62 of the Revised Code.	2127

The board shall transmit a certified copy of the resolution	2128
to the county board of ~~mental retardation and~~ developmental	2129
disabilities and the county's investing authority, unless the	2130
board is itself that authority.	2131

Sec. 135.803. On receiving a resolution from the county	2132
board of ~~mental retardation and~~ developmental disabilities	2133
approving under section 5126.55 of the Revised Code development of	2134
a proposed residential facility, the board of county commissioners	2135
shall determine whether public moneys of the county are available	2136
for a residential facility linked deposit and shall certify to the	2137
county board of ~~mental retardation and~~ developmental disabilities	2138
either that public moneys are available or that public moneys are	2139
not available. If public moneys are not available the	2140
certification shall indicate the date, if any, on which the board	2141
of county commissioners anticipates that public moneys will be	2142
available.	2143

Sec. 140.03. (A) Two or more hospital agencies may enter	2144
into agreements for the acquisition, construction, reconstruction,	2145
rehabilitation, remodeling, renovating, enlarging, equipping, and	2146
furnishing of hospital facilities, or the management, operation,	2147
occupancy, use, maintenance, and repair of hospital facilities, or	2148
for participation in programs, projects, activities, and services	2149
useful to, connected with, supplementing, or otherwise related to	2150
the services provided by, or the operation of, hospital facilities	2151
operated by one or more participating hospital agencies, including	2152
any combination of such purposes, all in such manner as to promote	2153
the public purpose stated in section 140.02 of the Revised Code. A	2154
city health district; general health district; board of alcohol,	2155
drug addiction, and mental health services; county board of ~~mental~~	2156
~~retardation and~~ developmental disabilities; the department of	2157
mental health; the department of mental retardation and	2158
developmental disabilities; or any public body engaged in the	2159
education or training of health professions personnel may join in	2160
any such agreement for purposes related to its authority under	2161
laws applicable to it, and as such a participant shall be	2162
considered a public hospital agency or hospital agency for the	2163
purposes of this section.	2164

(B) An agreement entered into under authority of this section	2165
shall, where appropriate, provide for:	2166

(1) The manner in which the title to the hospital facilities,	2167
including the sites and interest in real estate pertaining	2168
thereto, is to be held, transferred, or disposed of;	2169

(2) Unless provided for by lease pursuant to section 140.05	2170
of the Revised Code, the method by which such hospital facilities	2171
are to be acquired, constructed, or otherwise improved and by	2172
which they shall be managed, occupied, maintained, and repaired,	2173
including the designation of one of the hospital agencies to have	2174
charge of the details of acquisition, construction, or improvement	2175
pursuant to the contracting procedures prescribed under the law	2176
applicable to one of the participating public hospital agencies;	2177

(3) The management or administration of any such programs,	2178
projects, activities, or services, which may include management or	2179
administration by one of said hospital agencies or a board or	2180
agency thereof;	2181

(4) Annual, or more frequent, reports to the participating	2182
hospital agencies as to the revenues and receipts pertaining to	2183
the subject of the agreement, the expenditures thereof, the status	2184
and application of other funds contributed under such agreement,	2185
and such other matters as may be specified by or pursuant to such	2186
agreement;	2187

(5) The manner of apportionment or sharing of costs of	2188
hospital facilities, any other applicable costs of management,	2189
operation, maintenance, and repair of hospital facilities, and	2190
costs for the programs, projects, activities, and services forming	2191
the subject of the agreement, which apportionment or sharing may	2192
be prescribed in fixed amounts, or determined by ratios, formulas,	2193
or otherwise, and paid as service charges, rentals, or in such	2194
other manner as provided in the agreement, and may include amounts	2195
sufficient to meet the bond service charges and other payments and	2196
deposits required under the bond proceedings for obligations	2197
issued to pay costs of hospital facilities. A hospital agency may	2198
commit itself to make such payments at least for so long as any	2199
such obligations are outstanding. In the apportionment, different	2200
classes of costs or expenses may be apportioned to one or more,	2201
all or less than all, of the participating hospital agencies as	2202
determined under such agreement.	2203

(C) An agreement entered into under authority of this section	2204
may provide for:	2205

(1) An orderly process for making determinations or advising	2206
as to planning, execution, implementation, and operation, which	2207
may include designating one of the hospital agencies, or a board	2208
thereof, for any of such purposes, provisions for a committee,	2209
board, or commission, and for representation thereon, or as may	2210
otherwise be provided;	2211

(2) Securing necessary personnel, including participation of	2212
personnel from the respective hospital agencies;	2213

(3) Standards or conditions for the admission or	2214
participation of patients and physicians;	2215

(4) Conditions for admittance of other hospital agencies to	2216
participation under the agreement;	2217

(5) Fixing or establishing the method of determining charges	2218
to be made for particular services;	2219

(6) The manner of amending, supplementing, terminating, or	2220
withdrawal or removal of any party from, the agreement, and the	2221
term of the agreement, or an indefinite term;	2222

(7) Designation of the applicants for or recipients of any	2223
federal, state, or other aid, assistance, or loans available by	2224
reason of any activities conducted under the agreement;	2225

(8) Designation of one or more of the participating hospital	2226
agencies to maintain, prepare, and submit, on behalf of all	2227
parties to the agreement, any or all records and reports with	2228
regard to the activities conducted under the agreement;	2229

(9) Any incidental use of the hospital facilities, or	2230
services thereof, by participating public hospital agencies for	2231
any of their lawful purposes, which incidental use does not impair	2232
the character of the facilities as hospital facilities for any	2233
purpose of this chapter;	2234

(10) Such other matters as the parties thereto may agree upon	2235
for the purposes of division (A) of this section.	2236

(D) For the purpose of paying or contributing its share under	2237
an agreement made under this section, a public hospital agency	2238
may:	2239

(1) Expend any moneys from its general fund, and from any	2240
other funds not otherwise restricted by law, but including funds	2241
for permanent improvements of hospital facilities of such public	2242
hospital agency where the contribution is to be made toward the	2243
costs of hospital facilities under the agreement, and including	2244
funds derived from levies for, or receipts available for,	2245
operating expenses of hospital facilities or services of such	2246
public hospital agency where the contribution or payment is to be	2247
made toward operating expenses of the hospital facilities or	2248
services under the agreement or for the services provided thereby;	2249

(2) Issue obligations under Chapter 133. or section 140.06,	2250
339.14, 339.15, 513.12, or 3345.12 of the Revised Code, or Section	2251
3 of Article XVIII, Ohio Constitution, if applicable to such	2252
public hospital agency, to pay costs of hospital facilities, or	2253
issue obligations under any other provision of law authorizing	2254
such public hospital agency to issue obligations for any costs of	2255
hospital facilities;	2256

(3) Levy taxes under Chapter 5705. or section 513.13 or	2257
3709.29 of the Revised Code, if applicable to such public hospital	2258
agency, provided that the purpose of such levy may include the	2259
provision of funds for either or both permanent improvements and	2260
current expenses if required for the contribution or payment of	2261
such hospital agency under such agreement, and each such public	2262
hospital agency may issue notes in anticipation of any such levy,	2263
pursuant to the procedures provided in section 5705.191 of the	2264
Revised Code if the levy is solely for current expenses, and in	2265
section 5705.193 of the Revised Code if the levy is all or in part	2266
for permanent improvements;	2267

(4) Contribute real and personal property or interest therein	2268
without necessity for competitive bidding or public auction on	2269
disposition of such property.	2270

(E) Any funds provided by public hospital agencies that are	2271
parties to an agreement entered into under this section shall be	2272
transferred to and placed in a separate fund or funds of such	2273
participating public hospital agency as is designated under the	2274
agreement. The funds shall be applied for the purposes provided in	2275
such agreement and are subject to audit. Pursuant to any	2276
determinations to be made under such agreement, the funds shall be	2277
deposited, invested, and disbursed under the provisions of law	2278
applicable to the public hospital agency in whose custody the	2279
funds are held. This division is subject to the provisions of any	2280
applicable bond proceedings under section 133.08, 140.06, 339.15,	2281
or 3345.12 of the Revised Code or Section 3 of Article XVIII, Ohio	2282
Constitution. The records and reports of such public hospital	2283
agency under Chapter 117. of the Revised Code and sections 3702.51	2284
to 3702.62 of the Revised Code, with respect to the funds shall be	2285
sufficient without necessity for reports thereon by the other	2286
public hospital agencies participating under such agreement.	2287

(F)(1) Prior to its entry into any such agreement, the public	2288
hospital agency must determine, and set forth in a resolution or	2289
ordinance, that the contribution to be made by it under such	2290
agreement will be fair consideration for value and benefit to be	2291
derived by it under such agreement and that the agreement will	2292
promote the public purpose stated in section 140.02 of the Revised	2293
Code.	2294

(2) If the agreement is with a board of county commissioners,	2295
board of county hospital trustees, or county hospital commission	2296
and is an initial agreement for the acquisition or operation of a	2297
county hospital operated by a board of county hospital trustees	2298
under section 339.06 of the Revised Code, the governing body of	2299
the public hospital agency shall submit the agreement, accompanied	2300
by the resolution or ordinance, to the board of county	2301
commissioners for review pursuant to section 339.091 of the	2302
Revised Code. The agreement may be entered into only if the board	2303
of county commissioners adopts a resolution under that section.	2304
The requirements of division (F)(2) of this section do not apply	2305
to the agreement if one or more hospitals classified as general	2306
hospitals by the public health council under section 3701.07 of	2307
the Revised Code are operating in the same county as the county	2308
hospital.	2309

Sec. 140.05. (A)(1) A public hospital agency may lease any	2310
hospital facility to one or more hospital agencies for use as a	2311
hospital facility, or to one or more city or general health	2312
districts; boards of alcohol, drug addiction, and mental health	2313
services; county boards of ~~mental retardation and~~ developmental	2314
disabilities; the department of mental health; or the department	2315
of mental retardation and developmental disabilities, for uses	2316
which they are authorized to make thereof under the laws	2317
applicable to them, or any combination of them, and they may lease	2318
such facilities to or from a hospital agency for such uses, upon	2319
such terms and conditions as are agreed upon by the parties. Such	2320
lease may be for a term of fifty years or less and may provide for	2321
an option of the lessee to renew for a term of fifty years or	2322
less, as therein set forth. Prior to entering into such lease, the	2323
governing body of any public hospital agency granting such lease	2324
must determine, and set forth in a resolution or ordinance, that	2325
such lease will promote the public purpose stated in section	2326
140.02 of the Revised Code and that the lessor public hospital	2327
agency will be duly benefited thereby.	2328

(2) If the lease is with a board of county commissioners,	2329
board of county hospital trustees, or county hospital commission	2330
and is an agreement for the initial lease of a county hospital	2331
operated by a board of county hospital trustees under section	2332
339.06 of the Revised Code, the governing body of the public	2333
hospital agency shall submit the agreement, accompanied by the	2334
resolution or ordinance, to the board of county commissioners for	2335
review pursuant to section 339.091 of the Revised Code. The	2336
agreement may be entered into only if the board of county	2337
commissioners adopts a resolution under that section. The	2338
requirements of division (A)(2) of this section do not apply to	2339
the lease if one or more hospitals classified as general hospitals	2340
by the public health council under section 3701.07 of the Revised	2341
Code are operating in the same county as the county hospital.	2342

(B) Any lease entered into pursuant to this section shall	2343
provide that in the event that the lessee fails faithfully and	2344
efficiently to administer, maintain, and operate such leased	2345
facilities as hospital facilities, or fails to provide the	2346
services thereof without regard to race, creed, color, or national	2347
origin, or fails to require that any hospital agency using such	2348
facilities or the services thereof shall not discriminate by	2349
reason of race, creed, color, or national origin, after an	2350
opportunity to be heard upon written charges, said lease may be	2351
terminated at the time, in the manner and with consequences	2352
therein provided. If any such lease does not contain terms to the	2353
effect provided in this division, it shall nevertheless be deemed	2354
to contain such terms which shall be implemented as determined by	2355
the governing body of the lessor.	2356

(C) Such lease may provide for rentals commencing at any time	2357
agreed upon, or advance rental, and continuing for such period	2358
therein provided, notwithstanding and without diminution, rebate,	2359
or setoff by reason of time of availability of the hospital	2360
facility for use, delays in construction, failure of completion,	2361
damage or destruction of the hospital facilities, or for any other	2362
reason.	2363

(D) Such lease may provide for the sale or transfer of title	2364
of the leased facilities pursuant to an option to purchase,	2365
lease-purchase, or installment purchase upon terms therein	2366
provided or to be determined as therein provided, which may	2367
include provision for the continued use thereof as a hospital	2368
facility for some reasonable period, taking into account efficient	2369
useful life and other factors, as is provided therein.	2370

(E) Such lease may be entered as part of or in connection	2371
with an agreement pursuant to section 140.03 of the Revised Code.	2372
Any hospital facilities which are the subject of an agreement	2373
entered into under section 140.03 of the Revised Code may be	2374
leased pursuant to this section.	2375

(F) If land acquired by a public hospital agency for a	2376
hospital facility is adjacent to an existing hospital facility	2377
owned by another hospital agency, the public hospital agency may,	2378
in connection with such acquisition or the leasing of such land	2379
and hospital facilities thereon to one or more hospital agencies,	2380
enter into an agreement with the hospital agency which owns such	2381
adjacent hospital facility for the use of common walls in the	2382
construction, operation, or maintenance of hospital facilities of	2383
the public hospital agency. For the purpose of construction,	2384
operation, or maintenance of hospital facilities, a public	2385
hospital agency may acquire by purchase, gift, lease, lease with	2386
option to purchase, lease-purchase, or installment purchase,	2387
easement deed, or other agreement, real estate and interests in	2388
real estate, including rights to use space over, under or upon	2389
real property owned by others, and support, access, common wall,	2390
and other rights in connection therewith. Any public hospital	2391
agency or other political subdivision or any public agency, board,	2392
commission, institution, body, or instrumentality may grant such	2393
real estate, interests, or rights to any hospital agency upon such	2394
terms as are agreed upon without necessity for competitive bidding	2395
or public auction.	2396

Sec. 145.297. (A) As used in this section, "employing unit"	2397
means:	2398

(1) A municipal corporation, agency of a municipal	2399
corporation designated by the legislative authority, park	2400
district, conservancy district, sanitary district, health	2401
district, township, department of a township designated by the	2402
board of township trustees, metropolitan housing authority, public	2403
library, county law library, union cemetery, joint hospital, or	2404
other political subdivision or unit of local government.	2405

(2) With respect to state employees, any entity of the state	2406
including any department, agency, institution of higher education,	2407
board, bureau, commission, council, office, or administrative body	2408
or any part of such entity that is designated by the entity as an	2409
employing unit.	2410

(3)(a) With respect to employees of a board of alcohol, drug	2411
addiction, and mental health services, that board.	2412

(b) With respect to employees of a county board of ~~mental~~	2413
~~retardation and~~ developmental disabilities, that board.	2414

(c) With respect to other county employees, the county or any	2415
county agency designated by the board of county commissioners.	2416

(4) In the case of an employee whose employing unit is in	2417
question, the employing unit is the unit through whose payroll the	2418
employee is paid.	2419

(B) An employing unit may establish a retirement incentive	2420
plan for its eligible employees. In the case of a county or county	2421
agency, decisions on whether to establish a retirement incentive	2422
plan for any employees other than employees of a board of alcohol,	2423
drug addiction, and mental health services or county board of	2424
~~mental retardation and~~ developmental disabilities and on the terms	2425
of the plan shall be made by the board of county commissioners. In	2426
the case of a municipal corporation or an agency of a municipal	2427
corporation, decisions on whether to establish a retirement	2428
incentive plan and on the terms of the plan shall be made by the	2429
legislative authority.	2430

All terms of a retirement incentive plan shall be in writing.

2431

A retirement incentive plan shall provide for purchase by the	2432
employing unit of service credit for eligible employees who elect	2433
to participate in the plan and for payment by the employing unit	2434
of the entire cost of the service credit purchased.	2435

Every retirement incentive plan shall remain in effect for at	2436
least one year. The employing unit shall give employees at least	2437
thirty days' notice before terminating the plan.	2438

Every retirement incentive plan shall include provisions for	2439
the timely and impartial resolution of grievances and disputes	2440
arising under the plan.	2441

No employing unit shall have more than one retirement	2442
incentive plan in effect at any time.	2443

(C) Any classified or unclassified employee of the employing	2444
unit who is a member of the public employees retirement system	2445
shall be eligible to participate in the retirement incentive plan	2446
established by the employee's employing unit if the employee meets	2447
the following criteria:	2448

(1) The employee is not any of the following:

2449

(a) An elected official;

2450

(b) A member of a board or commission;

2451

2452

(d) A person appointed to serve a term of fixed length, other	2453
than a person appointed and employed by the person's employing	2454
unit.	2455

(2) The employee is or will be eligible to retire under	2456
section 145.32, 145.34, 145.37, or division (A) of section 145.33	2457
of the Revised Code on or before the date of termination of the	2458
retirement incentive plan. Service credit to be purchased for the	2459
employee under the retirement incentive plan shall be included in	2460
making such determination.	2461

(3) The employee agrees to retire under section 145.32,	2462
145.34, 145.37, or division (A) of section 145.33 of the Revised	2463
Code within ninety days after receiving notice from the public	2464
employees retirement system that service credit has been purchased	2465
for the employee under this section.	2466

Participation in the plan shall be available to all eligible	2467
employees except that the employing unit may limit the number of	2468
participants in the plan to a specified percentage of its	2469
employees who are members of the public employees retirement	2470
system on the date the plan goes into effect. The percentage shall	2471
not be less than five per cent of such employees. If participation	2472
is limited, employees with more total service credit have the	2473
right to elect to participate before employees with less total	2474
service credit. In the case of employees with the same total	2475
service credit, employees with a greater length of service with	2476
the employing unit have the right to elect to participate before	2477
employees with less service with the employing unit. Employees	2478
with less than eighteen months of service with the employing unit	2479
have the right to elect to participate only after all other	2480
eligible employees have been given the opportunity to elect to	2481
participate. For the purpose of determining which employees may	2482
participate in a plan, total service credit includes service	2483
credit purchased by the employee under this chapter after the date	2484
on which the plan is established.	2485

A retirement incentive plan that limits participation may	2486
provide that an employee who does not notify the employing unit of	2487
the employee's decision to participate in the plan within a	2488
specified period of time will lose priority to participate in the	2489
plan ahead of other employees with less seniority. The time given	2490
to an employee to elect to participate ahead of other employees	2491
shall not be less than thirty days after the employee receives	2492
written notice that the employee may participate in the plan.	2493

(D) A retirement incentive plan shall provide for purchase of	2494
the same amount of service credit for each participating employee,	2495
except that the employer may not purchase more service credit for	2496
any employee than the lesser of the following:	2497

(1) Five years of service credit;

2498

(2) An amount of service credit equal to one-fifth of the	2499
total service credited to the participant under this chapter,	2500
exclusive of service credit purchased under this section.	2501

For each year of service credit purchased under this section,	2502
the employing unit shall pay an amount equal to the additional	2503
liability resulting from the purchase of that year of service	2504
credit, as determined by an actuary employed by the public	2505
employees retirement board.	2506

(E) Upon the election by an eligible employee to participate	2507
in the retirement incentive plan, the employee and the employing	2508
unit shall agree upon a date for payment or contracting for	2509
payment in installments to the public employees retirement system	2510
of the cost of the service credit to be purchased. The employing	2511
unit shall submit to the public employees retirement system a	2512
written request for a determination of the cost of the service	2513
credit, and within forty-five days after receiving the request,	2514
the board shall give the employing unit written notice of the	2515
cost.	2516

The employing unit shall pay or contract to pay in	2517
installments the cost of the service credit to be purchased to the	2518
public employees retirement system on the date agreed to by the	2519
employee and the employing unit. The payment shall be made in	2520
accordance with rules adopted by the public employees retirement	2521
board. The rules may provide for payment in installments and for	2522
crediting the purchased credit to the employee's account upon the	2523
employer's contracting to pay the cost in installments. The board	2524
shall notify the member when the member is credited with service	2525
purchased under this section. If the employee does not retire	2526
within ninety days after receiving notice that the employee has	2527
been credited with the purchased service credit, the system shall	2528
refund to the employing unit the amount paid for the service	2529
credit.	2530

No payment made to the public employees retirement system	2531
under this section shall affect any payment required by section	2532
145.48 of the Revised Code.	2533

Sec. 305.14. (A) The court of common pleas, upon the	2534
application of the prosecuting attorney and the board of county	2535
commissioners, may authorize the board to employ legal counsel to	2536
assist the prosecuting attorney, the board, or any other county	2537
officer in any matter of public business coming before such board	2538
or officer, and in the prosecution or defense of any action or	2539
proceeding in which such board or officer is a party or has an	2540
interest, in its official capacity.	2541

(B) The board of county commissioners may also employ legal	2542
counsel, as provided in section 309.09 of the Revised Code, to	2543
represent it in any matter of public business coming before such	2544
board, and in the prosecution or defense of any action or	2545
proceeding in which such board is a party or has an interest, in	2546
its official capacity.	2547

(C) Notwithstanding division (A) of this section and except	2548
as provided in division (D) of this section, a county board of	2549
~~mental retardation and~~ developmental disabilities or a public	2550
children services agency may, without the authorization of the	2551
court of common pleas, employ legal counsel to advise it or to	2552
represent it or any of its members or employees in any matter of	2553
public business coming before the board or agency or in the	2554
prosecution or defense of any action or proceeding in which the	2555
board or agency in its official capacity, or a board or agency	2556
member or employee in the member's or employee's official	2557
capacity, is a party or has an interest.	2558

(D)(1) In any legal proceeding in which the prosecuting	2559
attorney is fully able to perform the prosecuting attorney's	2560
statutory duty to represent the county board of ~~mental retardation~~	2561
~~and~~ developmental disabilities or public children services agency	2562
without conflict of interest, the board or agency shall employ	2563
other counsel only with the written consent of the prosecuting	2564
attorney. In any legal proceeding in which the prosecuting	2565
attorney is unable, for any reason, to represent the board or	2566
agency, the prosecuting attorney shall so notify the board or	2567
agency, and, except as provided in division (D)(2) of this	2568
section, the board or agency may then employ counsel for the	2569
proceeding without further permission from any authority.	2570

(2) A public children services agency that receives money	2571
from the county general revenue fund must obtain the permission of	2572
the board of county commissioners of the county served by the	2573
agency before employing counsel under division (C) of this	2574
section.	2575

Sec. 307.10. (A) No sale of real property, or lease of real	2576
property used or to be used for the purpose of airports, landing	2577
fields, or air navigational facilities, or parts thereof, as	2578
provided by section 307.09 of the Revised Code shall be made	2579
unless it is authorized by a resolution adopted by a majority of	2580
the board of county commissioners. When a sale of real property as	2581
provided by section 307.09 of the Revised Code is authorized, the	2582
board may either deed the property to the highest responsible	2583
bidder, after advertisement once a week for four consecutive weeks	2584
in a newspaper of general circulation in the county or offer the	2585
real property for sale at a public auction, after giving at least	2586
thirty days' notice of the auction by publication in a newspaper	2587
of general circulation in the county. The board may reject any and	2588
all bids. The board may, as it considers best, sell real property	2589
pursuant to this section as an entire tract or in parcels. The	2590
board, by resolution adopted by a majority of the board, may lease	2591
real property, in accordance with division (A) of section 307.09	2592
of the Revised Code, without advertising for bids.	2593

(B) The board, by resolution, may transfer real property in	2594
fee simple belonging to the county and not needed for public use	2595
to the United States government, to the state or any department or	2596
agency thereof, to municipal corporations or other political	2597
subdivisions of the state, or to the county board of ~~mental~~	2598
~~retardation and~~ developmental disabilities, for public purposes	2599
upon the terms and in the manner that it may determine to be in	2600
the best interests of the county, without advertising for bids.	2601
The board shall execute a deed or other proper instrument when	2602
such a transfer is approved.	2603

(C) The board, by resolution adopted by a majority of the	2604
board, may grant leases, rights, or easements to the United States	2605
government, to the state or any department or agency thereof, or	2606
to municipal corporations and other political subdivisions of the	2607
state, or to privately owned electric light and power companies,	2608
natural gas companies, or telephone or telegraph companies for	2609
purposes of rendering their several public utilities services, in	2610
accordance with division (B) of section 307.09 of the Revised	2611
Code, without advertising for bids. When such grant of lease,	2612
right, or easement is authorized, a deed or other proper	2613
instrument therefor shall be executed by the board.	2614

Sec. 307.86. Anything to be purchased, leased, leased with	2615
an option or agreement to purchase, or constructed, including, but	2616
not limited to, any product, structure, construction,	2617
reconstruction, improvement, maintenance, repair, or service,	2618
except the services of an accountant, architect, attorney at law,	2619
physician, professional engineer, construction project manager,	2620
consultant, surveyor, or appraiser, by or on behalf of the county	2621
or contracting authority, as defined in section 307.92 of the	2622
Revised Code, at a cost in excess of twenty-five thousand dollars,	2623
except as otherwise provided in division (D) of section 713.23 and	2624
in sections 9.48, 125.04, 125.60 to 125.6012, 307.022, 307.041,	2625
307.861, 339.05, 340.03, 340.033, 4115.31 to 4115.35, 5119.16,	2626
5513.01, 5543.19, 5713.01, and 6137.05 of the Revised Code, shall	2627
be obtained through competitive bidding. However, competitive	2628
bidding is not required when any of the following applies:	2629

(A) The board of county commissioners, by a unanimous vote of	2630
its members, makes a determination that a real and present	2631
emergency exists, and that determination and the reasons for it	2632
are entered in the minutes of the proceedings of the board, when	2633
either of the following applies:	2634

(1) The estimated cost is less than fifty thousand dollars.

2635

(2) There is actual physical disaster to structures, radio	2636
communications equipment, or computers.	2637

For purposes of this division, "unanimous vote" means all	2638
three members of a board of county commissioners when all three	2639
members are present, or two members of the board if only two	2640
members, constituting a quorum, are present.	2641

Whenever a contract of purchase, lease, or construction is	2642
exempted from competitive bidding under division (A)(1) of this	2643
section because the estimated cost is less than fifty thousand	2644
dollars, but the estimated cost is twenty-five thousand dollars or	2645
more, the county or contracting authority shall solicit informal	2646
estimates from no fewer than three persons who could perform the	2647
contract, before awarding the contract. With regard to each such	2648
contract, the county or contracting authority shall maintain a	2649
record of such estimates, including the name of each person from	2650
whom an estimate is solicited. The county or contracting authority	2651
shall maintain the record for the longer of at least one year	2652
after the contract is awarded or the amount of time the federal	2653
government requires.	2654

(B)(1) The purchase consists of supplies or a replacement or	2655
supplemental part or parts for a product or equipment owned or	2656
leased by the county, and the only source of supply for the	2657
supplies, part, or parts is limited to a single supplier.	2658

(2) The purchase consists of services related to information	2659
technology, such as programming services, that are proprietary or	2660
limited to a single source.	2661

(C) The purchase is from the federal government, the state,	2662
another county or contracting authority of another county, or a	2663
board of education, township, or municipal corporation.	2664

(D) The purchase is made by a county department of job and	2665
family services under section 329.04 of the Revised Code and	2666
consists of family services duties or workforce development	2667
activities or is made by a county board of ~~mental retardation and~~	2668
developmental disabilities under section 5126.05 of the Revised	2669
Code and consists of program services, such as direct and	2670
ancillary client services, child care, case management services,	2671
residential services, and family resource services.	2672

(E) The purchase consists of criminal justice services,	2673
social services programs, family services, or workforce	2674
development activities by the board of county commissioners from	2675
nonprofit corporations or associations under programs funded by	2676
the federal government or by state grants.	2677

(F) The purchase consists of any form of an insurance policy	2678
or contract authorized to be issued under Title XXXIX of the	2679
Revised Code or any form of health care plan authorized to be	2680
issued under Chapter 1751. of the Revised Code, or any combination	2681
of such policies, contracts, plans, or services that the	2682
contracting authority is authorized to purchase, and the	2683
contracting authority does all of the following:	2684

(1) Determines that compliance with the requirements of this	2685
section would increase, rather than decrease, the cost of the	2686
purchase;	2687

(2) Requests issuers of the policies, contracts, plans, or	2688
services to submit proposals to the contracting authority, in a	2689
form prescribed by the contracting authority, setting forth the	2690
coverage and cost of the policies, contracts, plans, or services	2691
as the contracting authority desires to purchase;	2692

(3) Negotiates with the issuers for the purpose of purchasing	2693
the policies, contracts, plans, or services at the best and	2694
lowest price reasonably possible.	2695

(G) The purchase consists of computer hardware, software, or	2696
consulting services that are necessary to implement a computerized	2697
case management automation project administered by the Ohio	2698
prosecuting attorneys association and funded by a grant from the	2699
federal government.	2700

(H) Child care services are purchased for provision to county	2701
employees.	2702

(I)(1) Property, including land, buildings, and other real	2703
property, is leased for offices, storage, parking, or other	2704
purposes, and all of the following apply:	2705

(a) The contracting authority is authorized by the Revised	2706
Code to lease the property.	2707

(b) The contracting authority develops requests for proposals	2708
for leasing the property, specifying the criteria that will be	2709
considered prior to leasing the property, including the desired	2710
size and geographic location of the property.	2711

(c) The contracting authority receives responses from	2712
prospective lessors with property meeting the criteria specified	2713
in the requests for proposals by giving notice in a manner	2714
substantially similar to the procedures established for giving	2715
notice under section 307.87 of the Revised Code.	2716

(d) The contracting authority negotiates with the prospective	2717
lessors to obtain a lease at the best and lowest price reasonably	2718
possible considering the fair market value of the property and any	2719
relocation and operational costs that may be incurred during the	2720
period the lease is in effect.	2721

(2) The contracting authority may use the services of a real	2722
estate appraiser to obtain advice, consultations, or other	2723
recommendations regarding the lease of property under this	2724
division.	2725

(J) The purchase is made pursuant to section 5139.34 or	2726
sections 5139.41 to 5139.46 of the Revised Code and is of programs	2727
or services that provide case management, treatment, or prevention	2728
services to any felony or misdemeanant delinquent, unruly youth,	2729
or status offender under the supervision of the juvenile court,	2730
including, but not limited to, community residential care, day	2731
treatment, services to children in their home, or electronic	2732
monitoring.	2733

(K) The purchase is made by a public children services agency	2734
pursuant to section 307.92 or 5153.16 of the Revised Code and	2735
consists of family services, programs, or ancillary services that	2736
provide case management, prevention, or treatment services for	2737
children at risk of being or alleged to be abused, neglected, or	2738
dependent children.	2739

(L) The purchase is to obtain the services of emergency	2740
medical service organizations under a contract made by the board	2741
of county commissioners pursuant to section 307.05 of the Revised	2742
Code with a joint emergency medical services district.	2743

(M) The county contracting authority determines that the use	2744
of competitive sealed proposals would be advantageous to the	2745
county and the contracting authority complies with section 307.862	2746
of the Revised Code.	2747

Any issuer of policies, contracts, plans, or services listed	2748
in division (F) of this section and any prospective lessor under	2749
division (I) of this section may have the issuer's or prospective	2750
lessor's name and address, or the name and address of an agent,	2751
placed on a special notification list to be kept by the	2752
contracting authority, by sending the contracting authority that	2753
name and address. The contracting authority shall send notice to	2754
all persons listed on the special notification list. Notices shall	2755
state the deadline and place for submitting proposals. The	2756
contracting authority shall mail the notices at least six weeks	2757
prior to the deadline set by the contracting authority for	2758
submitting proposals. Every five years the contracting authority	2759
may review this list and remove any person from the list after	2760
mailing the person notification of that action.	2761

Any contracting authority that negotiates a contract under	2762
division (F) of this section shall request proposals and negotiate	2763
with issuers in accordance with that division at least every	2764
three years from the date of the signing of such a contract,	2765
unless the parties agree upon terms for extensions or renewals of	2766
the contract. Such extension or renewal periods shall not exceed	2767
six years from the date the initial contract is signed.	2768

Any real estate appraiser employed pursuant to division (I)	2769
of this section shall disclose any fees or compensation received	2770
from any source in connection with that employment.	2771

Sec. 309.10. Sections 309.08 and 309.09 of the Revised Code	2772
do not prevent a school board from employing counsel to represent	2773
it, but when counsel is employed, the counsel shall be paid by the	2774
school board from the school fund. Sections 309.08 and 309.09 of	2775
the Revised Code do not prevent a county board of ~~mental~~	2776
~~retardation and~~ developmental disabilities from employing counsel	2777
to represent it, but that counsel shall be employed in accordance	2778
with division (C) of section 305.14 and paid in accordance with	2779
division (A)(7) of section 5126.05 of the Revised Code.	2780

Sections 309.08 and 309.09 of the Revised Code do not prevent	2781
a board of county hospital trustees from employing counsel with	2782
the approval of the county commissioners to bring legal action for	2783
the collection of delinquent accounts of the hospital, but when	2784
counsel is employed, the counsel shall be paid from the hospital's	2785
funds. Sections 309.08 and 309.09 of the Revised Code do not	2786
prevent a board of library trustees from employing counsel to	2787
represent it, but when counsel is employed, the counsel shall be	2788
paid from the library's funds. Sections 309.08 and 309.09 of the	2789
Revised Code do not prevent the appointment and employment of	2790
assistants, clerks, and stenographers to assist the prosecuting	2791
attorney as provided in sections 309.01 to 309.16 of the Revised	2792
Code, or the appointment by the court of common pleas or the court	2793
of appeals of an attorney to assist the prosecuting attorney in	2794
the trial of a criminal cause pending in that court, or the board	2795
of county commissioners from paying for those services.	2796

Sec. 319.16. The county auditor shall issue warrants,	2797
including electronic warrants authorizing direct deposit for	2798
payment of county obligations in accordance with division (F) of	2799
section 9.37 of the Revised Code, on the county treasurer for all	2800
moneys payable from the county treasury, upon presentation of the	2801
proper order or voucher and evidentiary matter for the moneys, and	2802
keep a record of all such warrants showing the number, date of	2803
issue, amount for which drawn, in whose favor, for what purpose,	2804
and on what fund. The auditor shall not issue a warrant for the	2805
payment of any claim against the county, unless it is allowed by	2806
the board of county commissioners, except where the amount due is	2807
fixed by law or is allowed by an officer or tribunal, including a	2808
county board of mental health or county board of ~~mental~~	2809
~~retardation and~~ developmental disabilities, so authorized by law.	2810
If the auditor questions the validity of an expenditure that is	2811
within available appropriations and for which a proper order or	2812
voucher and evidentiary matter is presented, the auditor shall	2813
notify the board, officer, or tribunal who presented the voucher.	2814
If the board, officer, or tribunal determines that the expenditure	2815
is valid and the auditor continues to refuse to issue the	2816
appropriate warrant on the county treasury, a writ of mandamus may	2817
be sought. The court shall issue a writ of mandamus for issuance	2818
of the warrant if the court determines that the claim is valid.	2819

Evidentiary matter includes original invoices, receipts,	2820
bills and checks, and legible copies of contracts.	2821

Sec. 325.19. (A)(1) The granting of vacation leave under	2822
division (A)(1) of this section is subject to divisions (A)(2) and	2823
(3) of this section. Each full-time employee in the several	2824
offices and departments of the county service, including full-time	2825
hourly rate employees, after service of one year with the county	2826
or any political subdivision of the state, shall have earned and	2827
will be due upon the attainment of the first year of employment,	2828
and annually thereafter, eighty hours of vacation leave with full	2829
pay. One year of service shall be computed on the basis of	2830
twenty-six biweekly pay periods. A full-time county employee with	2831
eight or more years of service with the county or any political	2832
subdivision of the state shall have earned and is entitled to one	2833
hundred twenty hours of vacation leave with full pay. A full-time	2834
county employee with fifteen or more years of service with the	2835
county or any political subdivision of the state shall have earned	2836
and is entitled to one hundred sixty hours of vacation leave with	2837
full pay. A full-time county employee with twenty-five years of	2838
service with the county or any political subdivision of the state	2839
shall have earned and is entitled to two hundred hours of vacation	2840
leave with full pay. Such vacation leave shall accrue to the	2841
employee at the rate of three and one-tenth hours each biweekly	2842
period for those entitled to eighty hours per year; four and	2843
six-tenths hours each biweekly period for those entitled to one	2844
hundred twenty hours per year; six and two-tenths hours each	2845
biweekly period for those entitled to one hundred sixty hours per	2846
year; and seven and seven-tenths hours each biweekly period for	2847
those entitled to two hundred hours per year.	2848

The appointing authorities of the offices and departments of	2849
the county service may permit all or any part of a person's prior	2850
service with any regional council of government established in	2851
accordance with Chapter 167. of the Revised Code to be considered	2852
service with the county or a political subdivision of the state	2853
for the purpose of determining years of service under this	2854
division.	2855

(2) Full-time employees granted vacation leave under division	2856
(A)(1) of this section who render any standard of service other	2857
than forty hours per week as described in division (J) of this	2858
section and who are in active pay status in a biweekly pay period,	2859
shall accrue a number of hours of vacation leave during each such	2860
pay period that bears the same ratio to the number of hours	2861
specified in division (A)(1) of this section as their number of	2862
hours which are accepted as full-time in active pay status,	2863
excluding overtime hours, bears to eighty hours.	2864

(3) Full-time employees granted vacation leave under division	2865
(A)(1) of this section who are in active pay status in a biweekly	2866
pay period for less than eighty hours or the number of hours of	2867
service otherwise accepted as full-time by their employing office	2868
or department shall accrue a number of hours of vacation leave	2869
during that pay period that bears the same ratio to the number of	2870
hours specified in division (A)(1) of this section as their number	2871
of hours in active pay status, excluding overtime hours, bears to	2872
eighty or the number of hours of service accepted as full-time,	2873
whichever is applicable.	2874

(B) A board of county commissioners, by resolution, may grant	2875
vacation leave with full pay to part-time county employees. A	2876
part-time county employee shall be eligible for vacation leave	2877
with full pay upon the attainment of the first year of employment,	2878
and annually thereafter. The ratio between the hours worked and	2879
the vacation hours awarded to a part-time employee shall be the	2880
same as the ratio between the hours worked and the vacation hours	2881
earned by a full-time employee as provided for in this section.	2882

(C) Days specified as holidays in section 124.19 of the	2883
Revised Code shall not be charged to an employee's vacation leave.	2884
Vacation leave shall be taken by the employee during the year in	2885
which it accrued and prior to the next recurrence of the	2886
anniversary date of the employee's employment, provided that the	2887
appointing authority may, in special and meritorious cases, permit	2888
such employee to accumulate and carry over the employee's vacation	2889
leave to the following year. No vacation leave shall be carried	2890
over for more than three years. An employee is entitled to	2891
compensation, at the employee's current rate of pay, for the	2892
prorated portion of any earned but unused vacation leave for the	2893
current year to the employee's credit at time of separation, and	2894
in addition shall be compensated for any unused vacation leave	2895
accrued to the employee's credit, with the permission of the	2896
appointing authority, for the three years immediately preceding	2897
the last anniversary date of employment.	2898

(D)(1) In addition to vacation leave, a full-time county	2899
employee is entitled to eight hours of holiday pay for New Year's	2900
day, Martin Luther King day, Washington-Lincoln day, Memorial day,	2901
Independence day, Labor day, Columbus day, Veterans' day,	2902
Thanksgiving day, and Christmas day, of each year. Except as	2903
provided in division (D)(2) of this section, holidays shall occur	2904
on the days specified in section 1.14 of the Revised Code. If any	2905
of those holidays fall on Saturday, the Friday immediately	2906
preceding shall be observed as the holiday. If any of those	2907
holidays fall on Sunday, the Monday immediately succeeding shall	2908
be observed as the holiday. If an employee's work schedule is	2909
other than Monday through Friday, the employee is entitled to	2910
holiday pay for holidays observed on the employee's day off	2911
regardless of the day of the week on which they are observed.	2912

(2)(a) When a classified employee of a county board of ~~mental~~	2913
~~retardation and~~ developmental disabilities works at a site	2914
maintained by a government entity other than the board, such as a	2915
public school, the board may adjust the employee's holiday	2916
schedule to conform to the schedule adopted by the government	2917
entity. Under an adjusted holiday schedule, an employee shall	2918
receive the number of hours of holiday pay granted under division	2919
(D)(1) of this section.	2920

(b) Pursuant to division (J)(6) of section 339.06 of the	2921
Revised Code, a county hospital may observe Martin Luther King	2922
day, Washington-Lincoln day, Columbus day, and Veterans' day on	2923
days other than those specified in section 1.14 of the Revised	2924
Code.	2925

(E) In the case of the death of a county employee, the unused	2926
vacation leave and unpaid overtime to the credit of the employee	2927
shall be paid in accordance with section 2113.04 of the Revised	2928
Code, or to the employee's estate.	2929

(F) Notwithstanding this section or any other section of the	2930
Revised Code, any appointing authority of a county office,	2931
department, commission, board, or body may, upon notification to	2932
the board of county commissioners, establish alternative schedules	2933
of vacation leave and holidays for employees of the appointing	2934
authority for whom the state employment relations board has not	2935
established an appropriate bargaining unit pursuant to section	2936
4117.06 of the Revised Code, as long as the alternative schedules	2937
are not inconsistent with the provisions of at least one	2938
collective bargaining agreement covering other employees of that	2939
appointing authority, if such an agreement exists. If no such	2940
collective bargaining agreement exists, an appointing authority,	2941
upon notification to the board of county commissioners, may	2942
establish an alternative schedule of vacation leave and holidays	2943
for its employees that does not diminish the vacation leave and	2944
holiday benefits granted by this section.	2945

(G) The employees of a county children services board that	2946
establishes vacation benefits under section 5153.12 of the Revised	2947
Code are exempt from division (A) of this section.	2948

(H) The provisions of this section do not apply to	2949
superintendents and management employees of county boards of	2950
~~mental retardation and~~ developmental disabilities.	2951

(I) Division (A) of this section does not apply to an	2952
employee of a county board of ~~mental retardation and~~ developmental	2953
disabilities who works at, or provides transportation services to	2954
pupils of, a special education program provided by the county	2955
board pursuant to division (A)(4) of section 5126.05 of the	2956
Revised Code, if the employee's employment is based on a school	2957
year and the employee is not subject to a contract with the county	2958
board that provides for division (A) of this section to apply to	2959
the employee.	2960

(J) As used in this section:

2961

(1) "Full-time employee" means an employee whose regular	2962
hours of service for a county total forty hours per week, or who	2963
renders any other standard of service accepted as full-time by an	2964
office, department, or agency of county service.	2965

(2) "Part-time employee" means an employee whose regular	2966
hours of service for a county total less than forty hours per	2967
week, or who renders any other standard of service accepted as	2968
part-time by an office, department, or agency of county service,	2969
and whose hours of county service total at least five hundred	2970
twenty hours annually.	2971

(3) "Management employee" has the same meaning as in section	2972
5126.20 of the Revised Code.	2973

Sec. 329.06. (A) Except as provided in division (C) of this	2974
section and section 6301.08 of the Revised Code, the board of	2975
county commissioners shall establish a county family services	2976
planning committee. The board shall appoint a member to represent	2977
the county department of job and family services; an employee in	2978
the classified civil service of the county department of job and	2979
family services, if there are any such employees; and a member to	2980
represent the public. The board shall appoint other individuals to	2981
the committee in such a manner that the committee's membership is	2982
broadly representative of the groups of individuals and the public	2983
and private entities that have an interest in the family services	2984
provided in the county. The board shall make appointments in a	2985
manner that reflects the ethnic and racial composition of the	2986
county. The following groups and entities may be represented on	2987
the committee:	2988

(1) Consumers of family services;

2989

(2) The public children services agency;

2990

(3) The child support enforcement agency;

2991

(4) The county family and children first council;

2992

(5) Public and private colleges and universities;

2993

(6) Public entities that provide family services, including	2994
boards of health, boards of education, the county board of ~~mental~~	2995
~~retardation and~~ developmental disabilities, and the board of	2996
alcohol, drug addiction, and mental health services that serves	2997
the county;	2998

(7) Private nonprofit and for-profit entities that provide	2999
family services in the county or that advocate for consumers of	3000
family services in the county, including entities that provide	3001
services to or advocate for victims of domestic violence;	3002

(8) Labor organizations;

3003

(9) Any other group or entity that has an interest in the	3004
family services provided in the county, including groups or	3005
entities that represent any of the county's business, urban, and	3006
rural sectors.	3007

(B) The county family services planning committee shall do	3008
all of the following:	3009

(1) Serve as an advisory body to the board of county	3010
commissioners with regard to the family services provided in the	3011
county, including assistance under Chapters 5107. and 5108. of the	3012
Revised Code, publicly funded child care under Chapter 5104. of	3013
the Revised Code, and social services provided under section	3014
5101.46 of the Revised Code;	3015

(2) At least once a year, review and analyze the county	3016
department of job and family services' implementation of the	3017
programs established under Chapters 5107. and 5108. of the Revised	3018
Code. In its review, the committee shall use information available	3019
to it to examine all of the following:	3020

(a) Return of assistance groups to participation in either	3021
program after ceasing to participate;	3022

(b) Teen pregnancy rates among the programs' participants;

3023

(c) The other types of assistance the programs' participants	3024
receive, including medical assistance under Chapter 5111. of the	3025
Revised Code, publicly funded child care under Chapter 5104. of	3026
the Revised Code, food stamp benefits under section 5101.54 of the	3027
Revised Code, and energy assistance under Chapter 5117. of the	3028
Revised Code;	3029

(d) Other issues the committee considers appropriate.

3030

The committee shall make recommendations to the board of	3031
county commissioners and county department of job and family	3032
services regarding the committee's findings.	3033

(3) Conduct public hearings on proposed county profiles for	3034
the provision of social services under section 5101.46 of the	3035
Revised Code;	3036

(4) At the request of the board, make recommendations and	3037
provide assistance regarding the family services provided in the	3038
county;	3039

(5) At any other time the committee considers appropriate,	3040
consult with the board and make recommendations regarding the	3041
family services provided in the county. The committee's	3042
recommendations may address the following:	3043

(a) Implementation and administration of family service	3044
programs;	3045

(b) Use of federal, state, and local funds available for	3046
family service programs;	3047

(c) Establishment of goals to be achieved by family service	3048
programs;	3049

(d) Evaluation of the outcomes of family service programs;

3050

(e) Any other matter the board considers relevant to the	3051
provision of family services.	3052

(C) If there is a committee in existence in a county on	3053
October 1, 1997, that the board of county commissioners determines	3054
is capable of fulfilling the responsibilities of a county family	3055
services planning committee, the board may designate the committee	3056
as the county's family services planning committee and the	3057
committee shall serve in that capacity.	3058

Sec. 1751.01. As used in this chapter:

3059

(A)(1) "Basic health care services" means the following	3060
services when medically necessary:	3061

(a) Physician's services, except when such services are	3062
supplemental under division (B) of this section;	3063

(b) Inpatient hospital services;

3064

3065

(d) Emergency health services;

3066

(e) Urgent care services;

3067

(f) Diagnostic laboratory services and diagnostic and	3068
therapeutic radiologic services;	3069

(g) Diagnostic and treatment services, other than	3070
prescription drug services, for biologically based mental	3071
illnesses;	3072

(h) Preventive health care services, including, but not	3073
limited to, voluntary family planning services, infertility	3074
services, periodic physical examinations, prenatal obstetrical	3075
care, and well-child care;	3076

(i) Routine patient care for patients enrolled in an eligible	3077
cancer clinical trial pursuant to section 3923.80 of the Revised	3078
Code.	3079

"Basic health care services" does not include experimental	3080
procedures.	3081

Except as provided by divisions (A)(2) and (3) of this	3082
section in connection with the offering of coverage for diagnostic	3083
and treatment services for biologically based mental illnesses, a	3084
health insuring corporation shall not offer coverage for a health	3085
care service, defined as a basic health care service by this	3086
division, unless it offers coverage for all listed basic health	3087
care services. However, this requirement does not apply to the	3088
coverage of beneficiaries enrolled in medicare pursuant to a	3089
medicare contract, or to the coverage of beneficiaries enrolled	3090
in the federal employee health benefits program pursuant to 5	3091
U.S.C.A. 8905, or to the coverage of medicaid recipients, or to	3092
the coverage of participants of the children's buy-in program, or	3093
to the coverage of beneficiaries under any federal health care	3094
program regulated by a federal regulatory body, or to the	3095
coverage of beneficiaries under any contract covering officers or	3096
employees of the state that has been entered into by the	3097
department of administrative services.	3098

(2) A health insuring corporation may offer coverage for	3099
diagnostic and treatment services for biologically based mental	3100
illnesses without offering coverage for all other basic health	3101
care services. A health insuring corporation may offer coverage	3102
for diagnostic and treatment services for biologically based	3103
mental illnesses alone or in combination with one or more	3104
supplemental health care services. However, a health insuring	3105
corporation that offers coverage for any other basic health care	3106
service shall offer coverage for diagnostic and treatment services	3107
for biologically based mental illnesses in combination with the	3108
offer of coverage for all other listed basic health care services.	3109

(3) A health insuring corporation that offers coverage for	3110
basic health care services is not required to offer coverage for	3111
diagnostic and treatment services for biologically based mental	3112
illnesses in combination with the offer of coverage for all other	3113
listed basic health care services if all of the following apply:	3114

(a) The health insuring corporation submits documentation	3115
certified by an independent member of the American academy of	3116
actuaries to the superintendent of insurance showing that incurred	3117
claims for diagnostic and treatment services for biologically	3118
based mental illnesses for a period of at least six months	3119
independently caused the health insuring corporation's costs for	3120
claims and administrative expenses for the coverage of basic	3121
health care services to increase by more than one per cent per	3122
year.	3123

(b) The health insuring corporation submits a signed letter	3124
from an independent member of the American academy of actuaries to	3125
the superintendent of insurance opining that the increase in costs	3126
described in division (A)(3)(a) of this section could reasonably	3127
justify an increase of more than one per cent in the annual	3128
premiums or rates charged by the health insuring corporation for	3129
the coverage of basic health care services.	3130

(c) The superintendent of insurance makes the following	3131
determinations from the documentation and opinion submitted	3132
pursuant to divisions (A)(3)(a) and (b) of this section:	3133

(i) Incurred claims for diagnostic and treatment services for	3134
biologically based mental illnesses for a period of at least six	3135
months independently caused the health insuring corporation's	3136
costs for claims and administrative expenses for the coverage of	3137
basic health care services to increase by more than one per cent	3138
per year.	3139

(ii) The increase in costs reasonably justifies an increase	3140
of more than one per cent in the annual premiums or rates charged	3141
by the health insuring corporation for the coverage of basic	3142
health care services.	3143

Any determination made by the superintendent under this	3144
division is subject to Chapter 119. of the Revised Code.	3145

(B)(1) "Supplemental health care services" means any health	3146
care services other than basic health care services that a health	3147
insuring corporation may offer, alone or in combination with	3148
either basic health care services or other supplemental health	3149
care services, and includes:	3150

(a) Services of facilities for intermediate or long-term	3151
care, or both;	3152

(b) Dental care services;

3153

(c) Vision care and optometric services including lenses and	3154
frames;	3155

(d) Podiatric care or foot care services;

3156

(e) Mental health services, excluding diagnostic and	3157
treatment services for biologically based mental illnesses;	3158

(f) Short-term outpatient evaluative and crisis-intervention	3159
mental health services;	3160

(g) Medical or psychological treatment and referral services	3161
for alcohol and drug abuse or addiction;	3162

(h) Home health services;

3163

(i) Prescription drug services;

3164

(j) Nursing services;

3165

(k) Services of a dietitian licensed under Chapter 4759. of	3166
the Revised Code;	3167

(l) Physical therapy services;

3168

(m) Chiropractic services;

3169

(n) Any other category of services approved by the	3170
superintendent of insurance.	3171

(2) If a health insuring corporation offers prescription	3172
drug services under this division, the coverage shall include	3173
prescription drug services for the treatment of biologically based	3174
mental illnesses on the same terms and conditions as other	3175
physical diseases and disorders.	3176

(C) "Specialty health care services" means one of the	3177
supplemental health care services listed in division (B) of this	3178
section, when provided by a health insuring corporation on an	3179
outpatient-only basis and not in combination with other	3180
supplemental health care services.	3181

(D) "Biologically based mental illnesses" means	3182
schizophrenia, schizoaffective disorder, major depressive	3183
disorder, bipolar disorder, paranoia and other psychotic	3184
disorders, obsessive-compulsive disorder, and panic disorder, as	3185
these terms are defined in the most recent edition of the	3186
diagnostic and statistical manual of mental disorders published by	3187
the American psychiatric association.	3188

(E) "Children's buy-in program" has the same meaning as in	3189
section 5101.5211 of the Revised Code.	3190

(F) "Closed panel plan" means a health care plan that	3191
requires enrollees to use participating providers.	3192

(G) "Compensation" means remuneration for the provision of	3193
health care services, determined on other than a fee-for-service	3194
or discounted-fee-for-service basis.	3195

(H) "Contractual periodic prepayment" means the formula for	3196
determining the premium rate for all subscribers of a health	3197
insuring corporation.	3198

(I) "Corporation" means a corporation formed under Chapter	3199
1701. or 1702. of the Revised Code or the similar laws of another	3200
state.	3201

(J) "Emergency health services" means those health care	3202
services that must be available on a seven-days-per-week,	3203
twenty-four-hours-per-day basis in order to prevent jeopardy to an	3204
enrollee's health status that would occur if such services were	3205
not received as soon as possible, and includes, where appropriate,	3206
provisions for transportation and indemnity payments or service	3207
agreements for out-of-area coverage.	3208

(K) "Enrollee" means any natural person who is entitled to	3209
receive health care benefits provided by a health insuring	3210
corporation.	3211

(L) "Evidence of coverage" means any certificate, agreement,	3212
policy, or contract issued to a subscriber that sets out the	3213
coverage and other rights to which such person is entitled under	3214
a health care plan.	3215

(M) "Health care facility" means any facility, except a	3216
health care practitioner's office, that provides preventive,	3217
diagnostic, therapeutic, acute convalescent, rehabilitation,	3218
mental health, mental retardation, intermediate care, or skilled	3219
nursing services.	3220

(N) "Health care services" means basic, supplemental, and	3221
specialty health care services.	3222

(O) "Health delivery network" means any group of providers	3223
or health care facilities, or both, or any representative thereof,	3224
that have entered into an agreement to offer health care services	3225
in a panel rather than on an individual basis.	3226

(P) "Health insuring corporation" means a corporation, as	3227
defined in division (I) of this section, that, pursuant to a	3228
policy, contract, certificate, or agreement, pays for, reimburses,	3229
or provides, delivers, arranges for, or otherwise makes available,	3230
basic health care services, supplemental health care services, or	3231
specialty health care services, or a combination of basic health	3232
care services and either supplemental health care services or	3233
specialty health care services, through either an open panel plan	3234
or a closed panel plan.	3235

"Health insuring corporation" does not include a limited	3236
liability company formed pursuant to Chapter 1705. of the Revised	3237
Code, an insurer licensed under Title XXXIX of the Revised Code if	3238
that insurer offers only open panel plans under which all	3239
providers and health care facilities participating receive their	3240
compensation directly from the insurer, a corporation formed by or	3241
on behalf of a political subdivision or a department, office, or	3242
institution of the state, or a public entity formed by or on	3243
behalf of a board of county commissioners, a county board of	3244
~~mental retardation and~~ developmental disabilities, an alcohol and	3245
drug addiction services board, a board of alcohol, drug addiction,	3246
and mental health services, or a community mental health board, as	3247
those terms are used in Chapters 340. and 5126. of the Revised	3248
Code. Except as provided by division (D) of section 1751.02 of	3249
the Revised Code, or as otherwise provided by law, no board,	3250
commission, agency, or other entity under the control of a	3251
political subdivision may accept insurance risk in providing for	3252
health care services. However, nothing in this division shall be	3253
construed as prohibiting such entities from purchasing the	3254
services of a health insuring corporation or a third-party	3255
administrator licensed under Chapter 3959. of the Revised Code.	3256

(Q) "Intermediary organization" means a health delivery	3257
network or other entity that contracts with licensed health	3258
insuring corporations or self-insured employers, or both, to	3259
provide health care services, and that enters into contractual	3260
arrangements with other entities for the provision of health care	3261
services for the purpose of fulfilling the terms of its contracts	3262
with the health insuring corporations and self-insured employers.	3263

(R) "Intermediate care" means residential care above the	3264
level of room and board for patients who require personal	3265
assistance and health-related services, but who do not require	3266
skilled nursing care.	3267

(S) "Medicaid" has the same meaning as in section 5111.01 of	3268
the Revised Code.	3269

(T) "Medical record" means the personal information that	3270
relates to an individual's physical or mental condition, medical	3271
history, or medical treatment.	3272

(U) "Medicare" means the program established under Title	3273
XVIII of the "Social Security Act" 49 Stat. 620 (1935), 42 U.S.C.	3274
1395, as amended.	3275

(V)(1) "Open panel plan" means a health care plan that	3276
provides incentives for enrollees to use participating providers	3277
and that also allows enrollees to use providers that are not	3278
participating providers.	3279

(2) No health insuring corporation may offer an open panel	3280
plan, unless the health insuring corporation is also licensed as	3281
an insurer under Title XXXIX of the Revised Code, the health	3282
insuring corporation, on June 4, 1997, holds a certificate of	3283
authority or license to operate under Chapter 1736. or 1740. of	3284
the Revised Code, or an insurer licensed under Title XXXIX of the	3285
Revised Code is responsible for the out-of-network risk as	3286
evidenced by both an evidence of coverage filing under section	3287
1751.11 of the Revised Code and a policy and certificate filing	3288
under section 3923.02 of the Revised Code.	3289

(W) "Panel" means a group of providers or health care	3290
facilities that have joined together to deliver health care	3291
services through a contractual arrangement with a health insuring	3292
corporation, employer group, or other payor.	3293

(X) "Person" has the same meaning as in section 1.59 of the	3294
Revised Code, and, unless the context otherwise requires, includes	3295
any insurance company holding a certificate of authority under	3296
Title XXXIX of the Revised Code, any subsidiary and affiliate of	3297
an insurance company, and any government agency.	3298

(Y) "Premium rate" means any set fee regularly paid by a	3299
subscriber to a health insuring corporation. A "premium rate" does	3300
not include a one-time membership fee, an annual administrative	3301
fee, or a nominal access fee, paid to a managed health care system	3302
under which the recipient of health care services remains solely	3303
responsible for any charges accessed for those services by the	3304
provider or health care facility.	3305

(Z) "Primary care provider" means a provider that is	3306
designated by a health insuring corporation to supervise,	3307
coordinate, or provide initial care or continuing care to an	3308
enrollee, and that may be required by the health insuring	3309
corporation to initiate a referral for specialty care and to	3310
maintain supervision of the health care services rendered to the	3311
enrollee.	3312

(AA) "Provider" means any natural person or partnership of	3313
natural persons who are licensed, certified, accredited, or	3314
otherwise authorized in this state to furnish health care	3315
services, or any professional association organized under Chapter	3316
1785. of the Revised Code, provided that nothing in this chapter	3317
or other provisions of law shall be construed to preclude a health	3318
insuring corporation, health care practitioner, or organized	3319
health care group associated with a health insuring corporation	3320
from employing certified nurse practitioners, certified nurse	3321
anesthetists, clinical nurse specialists, certified nurse	3322
midwives, dietitians, physician assistants, dental assistants,	3323
dental hygienists, optometric technicians, or other allied health	3324
personnel who are licensed, certified, accredited, or otherwise	3325
authorized in this state to furnish health care services.	3326

(BB) "Provider sponsored organization" means a corporation,	3327
as defined in division (I) of this section, that is at least	3328
eighty per cent owned or controlled by one or more hospitals, as	3329
defined in section 3727.01 of the Revised Code, or one or more	3330
physicians licensed to practice medicine or surgery or	3331
osteopathic medicine and surgery under Chapter 4731. of the	3332
Revised Code, or any combination of such physicians and hospitals.	3333
Such control is presumed to exist if at least eighty per cent of	3334
the voting rights or governance rights of a provider sponsored	3335
organization are directly or indirectly owned, controlled, or	3336
otherwise held by any combination of the physicians and hospitals	3337
described in this division.	3338

(CC) "Solicitation document" means the written materials	3339
provided to prospective subscribers or enrollees, or both, and	3340
used for advertising and marketing to induce enrollment in the	3341
health care plans of a health insuring corporation.	3342

(DD) "Subscriber" means a person who is responsible for	3343
making payments to a health insuring corporation for participation	3344
in a health care plan, or an enrollee whose employment or other	3345
status is the basis of eligibility for enrollment in a health	3346
insuring corporation.	3347

(EE) "Urgent care services" means those health care services	3348
that are appropriately provided for an unforeseen condition of a	3349
kind that usually requires medical attention without delay but	3350
that does not pose a threat to the life, limb, or permanent	3351
health of the injured or ill person, and may include such health	3352
care services provided out of the health insuring corporation's	3353
approved service area pursuant to indemnity payments or service	3354
agreements.	3355

Sec. 1751.02. (A) Notwithstanding any law in this state to	3356
the contrary, any corporation, as defined in section 1751.01 of	3357
the Revised Code, may apply to the superintendent of insurance for	3358
a certificate of authority to establish and operate a health	3359
insuring corporation. If the corporation applying for a	3360
certificate of authority is a foreign corporation domiciled in a	3361
state without laws similar to those of this chapter, the	3362
corporation must form a domestic corporation to apply for, obtain,	3363
and maintain a certificate of authority under this chapter.	3364

(B) No person shall establish, operate, or perform the	3365
services of a health insuring corporation in this state without	3366
obtaining a certificate of authority under this chapter.	3367

(C) Except as provided by division (D) of this section, no	3368
political subdivision or department, office, or institution of	3369
this state, or corporation formed by or on behalf of any political	3370
subdivision or department, office, or institution of this state,	3371
shall establish, operate, or perform the services of a health	3372
insuring corporation. Nothing in this section shall be construed	3373
to preclude a board of county commissioners, a county board of	3374
~~mental retardation and~~ developmental disabilities, an alcohol and	3375
drug addiction services board, a board of alcohol, drug addiction,	3376
and mental health services, or a community mental health board, or	3377
a public entity formed by or on behalf of any of these boards,	3378
from using managed care techniques in carrying out the board's or	3379
public entity's duties pursuant to the requirements of Chapters	3380
307., 329., 340., and 5126. of the Revised Code. However, no such	3381
board or public entity may operate so as to compete in the private	3382
sector with health insuring corporations holding certificates of	3383
authority under this chapter.	3384

(D) A corporation formed by or on behalf of a publicly owned,	3385
operated, or funded hospital or health care facility may apply to	3386
the superintendent for a certificate of authority under division	3387
(A) of this section to establish and operate a health insuring	3388
corporation.	3389

(E) A health insuring corporation shall operate in this state	3390
in compliance with this chapter and Chapter 1753. of the Revised	3391
Code, and with sections 3702.51 to 3702.62 of the Revised Code,	3392
and shall operate in conformity with its filings with the	3393
superintendent under this chapter, including filings made pursuant	3394
to sections 1751.03, 1751.11, 1751.12, and 1751.31 of the Revised	3395
Code.	3396

(F) An insurer licensed under Title XXXIX of the Revised Code	3397
need not obtain a certificate of authority as a health insuring	3398
corporation to offer an open panel plan as long as the providers	3399
and health care facilities participating in the open panel plan	3400
receive their compensation directly from the insurer. If the	3401
providers and health care facilities participating in the open	3402
panel plan receive their compensation from any person other than	3403
the insurer, or if the insurer offers a closed panel plan, the	3404
insurer must obtain a certificate of authority as a health	3405
insuring corporation.	3406

(G) An intermediary organization need not obtain a	3407
certificate of authority as a health insuring corporation,	3408
regardless of the method of reimbursement to the intermediary	3409
organization, as long as a health insuring corporation or a	3410
self-insured employer maintains the ultimate responsibility to	3411
assure delivery of all health care services required by the	3412
contract between the health insuring corporation and the	3413
subscriber and the laws of this state or between the self-insured	3414
employer and its employees.	3415

Nothing in this section shall be construed to require any	3416
health care facility, provider, health delivery network, or	3417
intermediary organization that contracts with a health insuring	3418
corporation or self-insured employer, regardless of the method of	3419
reimbursement to the health care facility, provider, health	3420
delivery network, or intermediary organization, to obtain a	3421
certificate of authority as a health insuring corporation under	3422
this chapter, unless otherwise provided, in the case of contracts	3423
with a self-insured employer, by operation of the "Employee	3424
Retirement Income Security Act of 1974," 88 Stat. 829, 29 U.S.C.A.	3425
1001, as amended.	3426

(H) Any health delivery network doing business in this state,	3427
including any health delivery network that is functioning as an	3428
intermediary organization doing business in this state, that is	3429
not required to obtain a certificate of authority under this	3430
chapter shall certify to the superintendent annually, not later	3431
than the first day of July, and shall provide a statement signed	3432
by the highest ranking official which includes the following	3433
information:	3434

(1) The health delivery network's full name and the address	3435
of its principal place of business;	3436

(2) A statement that the health delivery network is not	3437
required to obtain a certificate of authority under this chapter	3438
to conduct its business.	3439

(I) The superintendent shall not issue a certificate of	3440
authority to a health insuring corporation that is a provider	3441
sponsored organization unless all health care plans to be offered	3442
by the health insuring corporation provide basic health care	3443
services. Substantially all of the physicians and hospitals with	3444
ownership or control of the provider sponsored organization, as	3445
defined in section 1751.01 of the Revised Code, shall also be	3446
participating providers for the provision of basic health care	3447
services for health care plans offered by the provider sponsored	3448
organization. If a health insuring corporation that is a provider	3449
sponsored organization offers health care plans that do not	3450
provide basic health care services, the health insuring	3451
corporation shall be deemed, for purposes of section 1751.35 of	3452
the Revised Code, to have failed to substantially comply with this	3453
chapter.	3454

Except as specifically provided in this division and in	3455
division (A) of section 1751.28 of the Revised Code, the	3456
provisions of this chapter shall apply to all health insuring	3457
corporations that are provider sponsored organizations in the same	3458
manner that these provisions apply to all health insuring	3459
corporations that are not provider sponsored organizations.	3460

(J) Nothing in this section shall be construed to apply to	3461
any multiple employer welfare arrangement operating pursuant to	3462
Chapter 1739. of the Revised Code.	3463

(K) Any person who violates division (B) of this section, and	3464
any health delivery network that fails to comply with division (H)	3465
of this section, is subject to the penalties set forth in section	3466
1751.45 of the Revised Code.	3467

Sec. 2108.521. (A) If a mentally retarded person or a	3468
developmentally disabled person dies, if the department of mental	3469
retardation and developmental disabilities or a county board of	3470
~~mental retardation and~~ developmental disabilities has a good faith	3471
reason to believe that the deceased person's death occurred under	3472
suspicious circumstances, if the coroner was apprised of the	3473
circumstances of the death, and if the coroner after being so	3474
apprised of the circumstances declines to conduct an autopsy, the	3475
department or the board may file a petition in a court of common	3476
pleas seeking an order authorizing an autopsy or post-mortem	3477
examination under this section.	3478

(B) Upon the filing of a petition under division (A) of this	3479
section, the court may conduct, but is not required to conduct, a	3480
hearing on the petition. The court may determine whether to grant	3481
the petition without a hearing. The department or board, and all	3482
other interested parties, may submit information and statements to	3483
the court that are relevant to the petition, and, if the court	3484
conducts a hearing, may present evidence and testimony at the	3485
hearing. The court shall order the requested autopsy or	3486
post-mortem examination if it finds that, under the circumstances,	3487
the department or board has demonstrated a need for the autopsy or	3488
post-mortem examination. The court shall order an autopsy or	3489
post-mortem examination in the circumstances specified in this	3490
division regardless of whether any consent has been given, or has	3491
been given and withdrawn, under section 2108.50 of the Revised	3492
Code, and regardless of whether any information was presented to	3493
the coroner pursuant to section 313.131 of the Revised Code or to	3494
the court under this section regarding an autopsy being contrary	3495
to the deceased person's religious beliefs.	3496

(C) An autopsy or post-mortem examination ordered under this	3497
section may be performed upon the body of the deceased person by a	3498
licensed physician or surgeon. The court may identify in the order	3499
the person who is to perform the autopsy or post-mortem	3500
examination. If an autopsy or post-mortem examination is ordered	3501
under this section, the department or board that requested the	3502
autopsy or examination shall pay the physician or surgeon who	3503
performs the autopsy or examination for costs and expenses	3504
incurred in performing the autopsy or examination.	3505

Sec. 2151.421. (A)(1)(a) No person described in division	3506
(A)(1)(b) of this section who is acting in an official or	3507
professional capacity and knows, or has reasonable cause to	3508
suspect based on facts that would cause a reasonable person in a	3509
similar position to suspect, that a child under eighteen years of	3510
age or a mentally retarded, developmentally disabled, or	3511
physically impaired child under twenty-one years of age has	3512
suffered or faces a threat of suffering any physical or mental	3513
wound, injury, disability, or condition of a nature that	3514
reasonably indicates abuse or neglect of the child shall fail to	3515
immediately report that knowledge or reasonable cause to suspect	3516
to the entity or persons specified in this division. Except as	3517
provided in section 5120.173 of the Revised Code, the person	3518
making the report shall make it to the public children services	3519
agency or a municipal or county peace officer in the county in	3520
which the child resides or in which the abuse or neglect is	3521
occurring or has occurred. In the circumstances described in	3522
section 5120.173 of the Revised Code, the person making the report	3523
shall make it to the entity specified in that section.	3524

(b) Division (A)(1)(a) of this section applies to any person	3525
who is an attorney; physician, including a hospital intern or	3526
resident; dentist; podiatrist; practitioner of a limited branch of	3527
medicine as specified in section 4731.15 of the Revised Code;	3528
registered nurse; licensed practical nurse; visiting nurse; other	3529
health care professional; licensed psychologist; licensed school	3530
psychologist; independent marriage and family therapist or	3531
marriage and family therapist; speech pathologist or audiologist;	3532
coroner; administrator or employee of a child day-care center;	3533
administrator or employee of a residential camp or child day camp;	3534
administrator or employee of a certified child care agency or	3535
other public or private children services agency; school teacher;	3536
school employee; school authority; person engaged in social work	3537
or the practice of professional counseling; agent of a county	3538
humane society; person, other than a cleric, rendering spiritual	3539
treatment through prayer in accordance with the tenets of a	3540
well-recognized religion; employee of a county department of job	3541
and family services who is a professional and who works with	3542
children and families; superintendent, board member, or employee	3543
of a county board of ~~mental retardation~~developmental	3544
disabilities; investigative agent contracted with by a county	3545
board of ~~mental retardation~~developmental disabilities; employee	3546
of the department of mental retardation and developmental	3547
disabilities; employee of a facility or home that provides respite	3548
care in accordance with section 5123.171 of the Revised Code;	3549
employee of a home health agency; employee of an entity that	3550
provides homemaker services; a person performing the duties of an	3551
assessor pursuant to Chapter 3107. or 5103. of the Revised Code;	3552
or third party employed by a public children services agency to	3553
assist in providing child or family related services.	3554

(2) Except as provided in division (A)(3) of this section, an	3555
attorney or a physician is not required to make a report pursuant	3556
to division (A)(1) of this section concerning any communication	3557
the attorney or physician receives from a client or patient in an	3558
attorney-client or physician-patient relationship, if, in	3559
accordance with division (A) or (B) of section 2317.02 of the	3560
Revised Code, the attorney or physician could not testify with	3561
respect to that communication in a civil or criminal proceeding.	3562

(3) The client or patient in an attorney-client or	3563
physician-patient relationship described in division (A)(2) of	3564
this section is deemed to have waived any testimonial privilege	3565
under division (A) or (B) of section 2317.02 of the Revised Code	3566
with respect to any communication the attorney or physician	3567
receives from the client or patient in that attorney-client or	3568
physician-patient relationship, and the attorney or physician	3569
shall make a report pursuant to division (A)(1) of this section	3570
with respect to that communication, if all of the following apply:	3571

(a) The client or patient, at the time of the communication,	3572
is either a child under eighteen years of age or a mentally	3573
retarded, developmentally disabled, or physically impaired person	3574
under twenty-one years of age.	3575

(b) The attorney or physician knows, or has reasonable cause	3576
to suspect based on facts that would cause a reasonable person in	3577
similar position to suspect, as a result of the communication or	3578
any observations made during that communication, that the client	3579
or patient has suffered or faces a threat of suffering any	3580
physical or mental wound, injury, disability, or condition of a	3581
nature that reasonably indicates abuse or neglect of the client or	3582
patient.	3583

(c) The abuse or neglect does not arise out of the client's	3584
or patient's attempt to have an abortion without the notification	3585
of her parents, guardian, or custodian in accordance with section	3586
2151.85 of the Revised Code.	3587

(4)(a) No cleric and no person, other than a volunteer,	3588
designated by any church, religious society, or faith acting as a	3589
leader, official, or delegate on behalf of the church, religious	3590
society, or faith who is acting in an official or professional	3591
capacity, who knows, or has reasonable cause to believe based on	3592
facts that would cause a reasonable person in a similar position	3593
to believe, that a child under eighteen years of age or a mentally	3594
retarded, developmentally disabled, or physically impaired child	3595
under twenty-one years of age has suffered or faces a threat of	3596
suffering any physical or mental wound, injury, disability, or	3597
condition of a nature that reasonably indicates abuse or neglect	3598
of the child, and who knows, or has reasonable cause to believe	3599
based on facts that would cause a reasonable person in a similar	3600
position to believe, that another cleric or another person, other	3601
than a volunteer, designated by a church, religious society, or	3602
faith acting as a leader, official, or delegate on behalf of the	3603
church, religious society, or faith caused, or poses the threat of	3604
causing, the wound, injury, disability, or condition that	3605
reasonably indicates abuse or neglect shall fail to immediately	3606
report that knowledge or reasonable cause to believe to the entity	3607
or persons specified in this division. Except as provided in	3608
section 5120.173 of the Revised Code, the person making the report	3609
shall make it to the public children services agency or a	3610
municipal or county peace officer in the county in which the child	3611
resides or in which the abuse or neglect is occurring or has	3612
occurred. In the circumstances described in section 5120.173 of	3613
the Revised Code, the person making the report shall make it to	3614
the entity specified in that section.	3615

(b) Except as provided in division (A)(4)(c) of this section,	3616
a cleric is not required to make a report pursuant to division	3617
(A)(4)(a) of this section concerning any communication the cleric	3618
receives from a penitent in a cleric-penitent relationship, if, in	3619
accordance with division (C) of section 2317.02 of the Revised	3620
Code, the cleric could not testify with respect to that	3621
communication in a civil or criminal proceeding.	3622

(c) The penitent in a cleric-penitent relationship described	3623
in division (A)(4)(b) of this section is deemed to have waived any	3624
testimonial privilege under division (C) of section 2317.02 of the	3625
Revised Code with respect to any communication the cleric receives	3626
from the penitent in that cleric-penitent relationship, and the	3627
cleric shall make a report pursuant to division (A)(4)(a) of this	3628
section with respect to that communication, if all of the	3629
following apply:	3630

(i) The penitent, at the time of the communication, is either	3631
a child under eighteen years of age or a mentally retarded,	3632
developmentally disabled, or physically impaired person under	3633
twenty-one years of age.	3634

(ii) The cleric knows, or has reasonable cause to believe	3635
based on facts that would cause a reasonable person in a similar	3636
position to believe, as a result of the communication or any	3637
observations made during that communication, the penitent has	3638
suffered or faces a threat of suffering any physical or mental	3639
wound, injury, disability, or condition of a nature that	3640
reasonably indicates abuse or neglect of the penitent.	3641

(iii) The abuse or neglect does not arise out of the	3642
penitent's attempt to have an abortion performed upon a child	3643
under eighteen years of age or upon a mentally retarded,	3644
developmentally disabled, or physically impaired person under	3645
twenty-one years of age without the notification of her parents,	3646
guardian, or custodian in accordance with section 2151.85 of the	3647
Revised Code.	3648

(d) Divisions (A)(4)(a) and (c) of this section do not apply	3649
in a cleric-penitent relationship when the disclosure of any	3650
communication the cleric receives from the penitent is in	3651
violation of the sacred trust.	3652

(e) As used in divisions (A)(1) and (4) of this section,	3653
"cleric" and "sacred trust" have the same meanings as in section	3654
2317.02 of the Revised Code.	3655

(B) Anyone who knows, or has reasonable cause to suspect	3656
based on facts that would cause a reasonable person in similar	3657
circumstances to suspect, that a child under eighteen years of age	3658
or a mentally retarded, developmentally disabled, or physically	3659
impaired person under twenty-one years of age has suffered or	3660
faces a threat of suffering any physical or mental wound, injury,	3661
disability, or other condition of a nature that reasonably	3662
indicates abuse or neglect of the child may report or cause	3663
reports to be made of that knowledge or reasonable cause to	3664
suspect to the entity or persons specified in this division.	3665
Except as provided in section 5120.173 of the Revised Code, a	3666
person making a report or causing a report to be made under this	3667
division shall make it or cause it to be made to the public	3668
children services agency or to a municipal or county peace	3669
officer. In the circumstances described in section 5120.173 of the	3670
Revised Code, a person making a report or causing a report to be	3671
made under this division shall make it or cause it to be made to	3672
the entity specified in that section.	3673

(C) Any report made pursuant to division (A) or (B) of this	3674
section shall be made forthwith either by telephone or in person	3675
and shall be followed by a written report, if requested by the	3676
receiving agency or officer. The written report shall contain:	3677

(1) The names and addresses of the child and the child's	3678
parents or the person or persons having custody of the child, if	3679
known;	3680

(2) The child's age and the nature and extent of the child's	3681
injuries, abuse, or neglect that is known or reasonably suspected	3682
or believed, as applicable, to have occurred or of the threat of	3683
injury, abuse, or neglect that is known or reasonably suspected or	3684
believed, as applicable, to exist, including any evidence of	3685
previous injuries, abuse, or neglect;	3686

(3) Any other information that might be helpful in	3687
establishing the cause of the injury, abuse, or neglect that is	3688
known or reasonably suspected or believed, as applicable, to have	3689
occurred or of the threat of injury, abuse, or neglect that is	3690
known or reasonably suspected or believed, as applicable, to	3691
exist.	3692

Any person, who is required by division (A) of this section	3693
to report child abuse or child neglect that is known or reasonably	3694
suspected or believed to have occurred, may take or cause to be	3695
taken color photographs of areas of trauma visible on a child and,	3696
if medically indicated, cause to be performed radiological	3697
examinations of the child.	3698

(D) As used in this division, "children's advocacy center"	3699
and "sexual abuse of a child" have the same meanings as in section	3700
2151.425 of the Revised Code.	3701

(1) When a municipal or county peace officer receives a	3702
report concerning the possible abuse or neglect of a child or the	3703
possible threat of abuse or neglect of a child, upon receipt of	3704
the report, the municipal or county peace officer who receives the	3705
report shall refer the report to the appropriate public children	3706
services agency.	3707

(2) When a public children services agency receives a report	3708
pursuant to this division or division (A) or (B) of this section,	3709
upon receipt of the report, the public children services agency	3710
shall do both of the following:	3711

(a) Comply with section 2151.422 of the Revised Code;

3712

(b) If the county served by the agency is also served by a	3713
children's advocacy center and the report alleges sexual abuse of	3714
a child or another type of abuse of a child that is specified in	3715
the memorandum of understanding that creates the center as being	3716
within the center's jurisdiction, comply regarding the report with	3717
the protocol and procedures for referrals and investigations, with	3718
the coordinating activities, and with the authority or	3719
responsibility for performing or providing functions, activities,	3720
and services stipulated in the interagency agreement entered into	3721
under section 2151.428 of the Revised Code relative to that	3722
center.	3723

(E) No township, municipal, or county peace officer shall	3724
remove a child about whom a report is made pursuant to this	3725
section from the child's parents, stepparents, or guardian or any	3726
other persons having custody of the child without consultation	3727
with the public children services agency, unless, in the judgment	3728
of the officer, and, if the report was made by physician, the	3729
physician, immediate removal is considered essential to protect	3730
the child from further abuse or neglect. The agency that must be	3731
consulted shall be the agency conducting the investigation of the	3732
report as determined pursuant to section 2151.422 of the Revised	3733
Code.	3734

(F)(1) Except as provided in section 2151.422 of the Revised	3735
Code or in an interagency agreement entered into under section	3736
2151.428 of the Revised Code that applies to the particular	3737
report, the public children services agency shall investigate,	3738
within twenty-four hours, each report of child abuse or child	3739
neglect that is known or reasonably suspected or believed to have	3740
occurred and of a threat of child abuse or child neglect that is	3741
known or reasonably suspected or believed to exist that is	3742
referred to it under this section to determine the circumstances	3743
surrounding the injuries, abuse, or neglect or the threat of	3744
injury, abuse, or neglect, the cause of the injuries, abuse,	3745
neglect, or threat, and the person or persons responsible. The	3746
investigation shall be made in cooperation with the law	3747
enforcement agency and in accordance with the memorandum of	3748
understanding prepared under division (J) of this section. A	3749
representative of the public children services agency shall, at	3750
the time of initial contact with the person subject to the	3751
investigation, inform the person of the specific complaints or	3752
allegations made against the person. The information shall be	3753
given in a manner that is consistent with division (H)(1) of this	3754
section and protects the rights of the person making the report	3755
under this section.	3756

A failure to make the investigation in accordance with the	3757
memorandum is not grounds for, and shall not result in, the	3758
dismissal of any charges or complaint arising from the report or	3759
the suppression of any evidence obtained as a result of the report	3760
and does not give, and shall not be construed as giving, any	3761
rights or any grounds for appeal or post-conviction relief to any	3762
person. The public children services agency shall report each case	3763
to the uniform statewide automated child welfare information	3764
system that the department of job and family services shall	3765
maintain in accordance with section 5101.13 of the Revised Code.	3766
The public children services agency shall submit a report of its	3767
investigation, in writing, to the law enforcement agency.	3768

(2) The public children services agency shall make any	3769
recommendations to the county prosecuting attorney or city	3770
director of law that it considers necessary to protect any	3771
children that are brought to its attention.	3772

(G)(1)(a) Except as provided in division (H)(3) of this	3773
section, anyone or any hospital, institution, school, health	3774
department, or agency participating in the making of reports under	3775
division (A) of this section, anyone or any hospital, institution,	3776
school, health department, or agency participating in good faith	3777
in the making of reports under division (B) of this section, and	3778
anyone participating in good faith in a judicial proceeding	3779
resulting from the reports, shall be immune from any civil or	3780
criminal liability for injury, death, or loss to person or	3781
property that otherwise might be incurred or imposed as a result	3782
of the making of the reports or the participation in the judicial	3783
proceeding.	3784

(b) Notwithstanding section 4731.22 of the Revised Code, the	3785
physician-patient privilege shall not be a ground for excluding	3786
evidence regarding a child's injuries, abuse, or neglect, or the	3787
cause of the injuries, abuse, or neglect in any judicial	3788
proceeding resulting from a report submitted pursuant to this	3789
section.	3790

(2) In any civil or criminal action or proceeding in which it	3791
is alleged and proved that participation in the making of a report	3792
under this section was not in good faith or participation in a	3793
judicial proceeding resulting from a report made under this	3794
section was not in good faith, the court shall award the	3795
prevailing party reasonable attorney's fees and costs and, if a	3796
civil action or proceeding is voluntarily dismissed, may award	3797
reasonable attorney's fees and costs to the party against whom the	3798
civil action or proceeding is brought.	3799

(H)(1) Except as provided in divisions (H)(4) and (M) of this	3800
section, a report made under this section is confidential. The	3801
information provided in a report made pursuant to this section and	3802
the name of the person who made the report shall not be released	3803
for use, and shall not be used, as evidence in any civil action or	3804
proceeding brought against the person who made the report. In a	3805
criminal proceeding, the report is admissible in evidence in	3806
accordance with the Rules of Evidence and is subject to discovery	3807
in accordance with the Rules of Criminal Procedure.	3808

(2) No person shall permit or encourage the unauthorized	3809
dissemination of the contents of any report made under this	3810
section.	3811

(3) A person who knowingly makes or causes another person to	3812
make a false report under division (B) of this section that	3813
alleges that any person has committed an act or omission that	3814
resulted in a child being an abused child or a neglected child is	3815
guilty of a violation of section 2921.14 of the Revised Code.	3816

(4) If a report is made pursuant to division (A) or (B) of	3817
this section and the child who is the subject of the report dies	3818
for any reason at any time after the report is made, but before	3819
the child attains eighteen years of age, the public children	3820
services agency or municipal or county peace officer to which the	3821
report was made or referred, on the request of the child fatality	3822
review board, shall submit a summary sheet of information	3823
providing a summary of the report to the review board of the	3824
county in which the deceased child resided at the time of death.	3825
On the request of the review board, the agency or peace officer	3826
may, at its discretion, make the report available to the review	3827
board. If the county served by the public children services agency	3828
is also served by a children's advocacy center and the report of	3829
alleged sexual abuse of a child or another type of abuse of a	3830
child is specified in the memorandum of understanding that creates	3831
the center as being within the center's jurisdiction, the agency	3832
or center shall perform the duties and functions specified in this	3833
division in accordance with the interagency agreement entered into	3834
under section 2151.428 of the Revised Code relative to that	3835
advocacy center.	3836

(5) A public children services agency shall advise a person	3837
alleged to have inflicted abuse or neglect on a child who is the	3838
subject of a report made pursuant to this section, including a	3839
report alleging sexual abuse of a child or another type of abuse	3840
of a child referred to a children's advocacy center pursuant to an	3841
interagency agreement entered into under section 2151.428 of the	3842
Revised Code, in writing of the disposition of the investigation.	3843
The agency shall not provide to the person any information that	3844
identifies the person who made the report, statements of	3845
witnesses, or police or other investigative reports.	3846

(I) Any report that is required by this section, other than a	3847
report that is made to the state highway patrol as described in	3848
section 5120.173 of the Revised Code, shall result in protective	3849
services and emergency supportive services being made available by	3850
the public children services agency on behalf of the children	3851
about whom the report is made, in an effort to prevent further	3852
neglect or abuse, to enhance their welfare, and, whenever	3853
possible, to preserve the family unit intact. The agency required	3854
to provide the services shall be the agency conducting the	3855
investigation of the report pursuant to section 2151.422 of the	3856
Revised Code.	3857

(J)(1) Each public children services agency shall prepare a	3858
memorandum of understanding that is signed by all of the	3859
following:	3860

(a) If there is only one juvenile judge in the county, the	3861
juvenile judge of the county or the juvenile judge's	3862
representative;	3863

(b) If there is more than one juvenile judge in the county, a	3864
juvenile judge or the juvenile judges' representative selected by	3865
the juvenile judges or, if they are unable to do so for any	3866
reason, the juvenile judge who is senior in point of service or	3867
the senior juvenile judge's representative;	3868

3869

(d) All chief municipal peace officers within the county;

3870

(e) Other law enforcement officers handling child abuse and	3871
neglect cases in the county;	3872

(f) The prosecuting attorney of the county;

3873

(g) If the public children services agency is not the county	3874
department of job and family services, the county department of	3875
job and family services;	3876

(h) The county humane society;

3877

(i) If the public children services agency participated in	3878
the execution of a memorandum of understanding under section	3879
2151.426 of the Revised Code establishing a children's advocacy	3880
center, each participating member of the children's advocacy	3881
center established by the memorandum.	3882

(2) A memorandum of understanding shall set forth the normal	3883
operating procedure to be employed by all concerned officials in	3884
the execution of their respective responsibilities under this	3885
section and division (C) of section 2919.21, division (B)(1) of	3886
section 2919.22, division (B) of section 2919.23, and section	3887
2919.24 of the Revised Code and shall have as two of its primary	3888
goals the elimination of all unnecessary interviews of children	3889
who are the subject of reports made pursuant to division (A) or	3890
(B) of this section and, when feasible, providing for only one	3891
interview of a child who is the subject of any report made	3892
pursuant to division (A) or (B) of this section. A failure to	3893
follow the procedure set forth in the memorandum by the concerned	3894
officials is not grounds for, and shall not result in, the	3895
dismissal of any charges or complaint arising from any reported	3896
case of abuse or neglect or the suppression of any evidence	3897
obtained as a result of any reported child abuse or child neglect	3898
and does not give, and shall not be construed as giving, any	3899
rights or any grounds for appeal or post-conviction relief to any	3900
person.	3901

(3) A memorandum of understanding shall include all of the	3902
following:	3903

(a) The roles and responsibilities for handling emergency and	3904
nonemergency cases of abuse and neglect;	3905

(b) Standards and procedures to be used in handling and	3906
coordinating investigations of reported cases of child abuse and	3907
reported cases of child neglect, methods to be used in	3908
interviewing the child who is the subject of the report and who	3909
allegedly was abused or neglected, and standards and procedures	3910
addressing the categories of persons who may interview the child	3911
who is the subject of the report and who allegedly was abused or	3912
neglected.	3913

(4) If a public children services agency participated in the	3914
execution of a memorandum of understanding under section 2151.426	3915
of the Revised Code establishing a children's advocacy center, the	3916
agency shall incorporate the contents of that memorandum in the	3917
memorandum prepared pursuant to this section.	3918

(5) The clerk of the court of common pleas in the county may	3919
sign the memorandum of understanding prepared under division	3920
(J)(1) of this section. If the clerk signs the memorandum of	3921
understanding, the clerk shall execute all relevant	3922
responsibilities as required of officials specified in the	3923
memorandum.	3924

(K)(1) Except as provided in division (K)(4) of this section,	3925
a person who is required to make a report pursuant to division (A)	3926
of this section may make a reasonable number of requests of the	3927
public children services agency that receives or is referred the	3928
report, or of the children's advocacy center that is referred the	3929
report if the report is referred to a children's advocacy center	3930
pursuant to an interagency agreement entered into under section	3931
2151.428 of the Revised Code, to be provided with the following	3932
information:	3933

(a) Whether the agency or center has initiated an	3934
investigation of the report;	3935

(b) Whether the agency or center is continuing to investigate	3936
the report;	3937

(c) Whether the agency or center is otherwise involved with	3938
the child who is the subject of the report;	3939

(d) The general status of the health and safety of the child	3940
who is the subject of the report;	3941

(e) Whether the report has resulted in the filing of a	3942
complaint in juvenile court or of criminal charges in another	3943
court.	3944

(2) A person may request the information specified in	3945
division (K)(1) of this section only if, at the time the report is	3946
made, the person's name, address, and telephone number are	3947
provided to the person who receives the report.	3948

When a municipal or county peace officer or employee of a	3949
public children services agency receives a report pursuant to	3950
division (A) or (B) of this section the recipient of the report	3951
shall inform the person of the right to request the information	3952
described in division (K)(1) of this section. The recipient of the	3953
report shall include in the initial child abuse or child neglect	3954
report that the person making the report was so informed and, if	3955
provided at the time of the making of the report, shall include	3956
the person's name, address, and telephone number in the report.	3957

Each request is subject to verification of the identity of	3958
the person making the report. If that person's identity is	3959
verified, the agency shall provide the person with the information	3960
described in division (K)(1) of this section a reasonable number	3961
of times, except that the agency shall not disclose any	3962
confidential information regarding the child who is the subject of	3963
the report other than the information described in those	3964
divisions.	3965

(3) A request made pursuant to division (K)(1) of this	3966
section is not a substitute for any report required to be made	3967
pursuant to division (A) of this section.	3968

(4) If an agency other than the agency that received or was	3969
referred the report is conducting the investigation of the report	3970
pursuant to section 2151.422 of the Revised Code, the agency	3971
conducting the investigation shall comply with the requirements of	3972
division (K) of this section.	3973

(L) The director of job and family services shall adopt rules	3974
in accordance with Chapter 119. of the Revised Code to implement	3975
this section. The department of job and family services may enter	3976
into a plan of cooperation with any other governmental entity to	3977
aid in ensuring that children are protected from abuse and	3978
neglect. The department shall make recommendations to the attorney	3979
general that the department determines are necessary to protect	3980
children from child abuse and child neglect.	3981

(M)(1) As used in this division:

3982

(a) "Out-of-home care" includes a nonchartered nonpublic	3983
school if the alleged child abuse or child neglect, or alleged	3984
threat of child abuse or child neglect, described in a report	3985
received by a public children services agency allegedly occurred	3986
in or involved the nonchartered nonpublic school and the alleged	3987
perpetrator named in the report holds a certificate, permit, or	3988
license issued by the state board of education under section	3989
3301.071 or Chapter 3319. of the Revised Code.	3990

(b) "Administrator, director, or other chief administrative	3991
officer" means the superintendent of the school district if the	3992
out-of-home care entity subject to a report made pursuant to this	3993
section is a school operated by the district.	3994

(2) No later than the end of the day following the day on	3995
which a public children services agency receives a report of	3996
alleged child abuse or child neglect, or a report of an alleged	3997
threat of child abuse or child neglect, that allegedly occurred in	3998
or involved an out-of-home care entity, the agency shall provide	3999
written notice of the allegations contained in and the person	4000
named as the alleged perpetrator in the report to the	4001
administrator, director, or other chief administrative officer of	4002
the out-of-home care entity that is the subject of the report	4003
unless the administrator, director, or other chief administrative	4004
officer is named as an alleged perpetrator in the report. If the	4005
administrator, director, or other chief administrative officer of	4006
an out-of-home care entity is named as an alleged perpetrator in a	4007
report of alleged child abuse or child neglect, or a report of an	4008
alleged threat of child abuse or child neglect, that allegedly	4009
occurred in or involved the out-of-home care entity, the agency	4010
shall provide the written notice to the owner or governing board	4011
of the out-of-home care entity that is the subject of the report.	4012
The agency shall not provide witness statements or police or other	4013
investigative reports.	4014

(3) No later than three days after the day on which a public	4015
children services agency that conducted the investigation as	4016
determined pursuant to section 2151.422 of the Revised Code makes	4017
a disposition of an investigation involving a report of alleged	4018
child abuse or child neglect, or a report of an alleged threat of	4019
child abuse or child neglect, that allegedly occurred in or	4020
involved an out-of-home care entity, the agency shall send written	4021
notice of the disposition of the investigation to the	4022
administrator, director, or other chief administrative officer and	4023
the owner or governing board of the out-of-home care entity. The	4024
agency shall not provide witness statements or police or other	4025
investigative reports.	4026

Sec. 3109.18. (A)(1) A board of county commissioners may	4027
establish a child abuse and child neglect prevention advisory	4028
board or may designate the county family and children first	4029
council to serve as the child abuse and child neglect prevention	4030
advisory board. The boards of county commissioners of two or more	4031
contiguous counties may instead form a multicounty district to be	4032
served by a child abuse and child neglect prevention advisory	4033
board or may designate a regional family and children first	4034
council to serve as the district child abuse and child neglect	4035
prevention advisory board. Each advisory board shall meet at least	4036
twice a year.	4037

(2) The county auditor is hereby designated as the auditor	4038
and fiscal officer of the advisory board. In the case of a	4039
multicounty district, the boards of county commissioners that	4040
formed the district shall designate the auditor of one of the	4041
counties as the auditor and fiscal officer of the advisory board.	4042

(B) Each county that establishes an advisory board or, in a	4043
multicounty district, the auditor who has been designated as the	4044
auditor and fiscal officer of the advisory board, shall establish	4045
a fund in the county treasury known as the county or district	4046
children's trust fund. The auditor shall deposit all funds	4047
received from the children's trust fund board into that fund, and	4048
the auditor shall distribute money from the fund at the request of	4049
the advisory board.	4050

(C) Each January, the board of county commissioners of a	4051
county that has established an advisory board or, in a multicounty	4052
district, the board of county commissioners of the county served	4053
by the auditor who has been designated as the auditor and fiscal	4054
officer for the advisory board, shall appropriate the amount	4055
described in division (B)(2) of section 3109.17 of the Revised	4056
Code for distribution by the advisory board to child abuse and	4057
child neglect prevention programs.	4058

(D)(1) Except in the case of a county or regional family and	4059
children first council that is designated to serve as a child	4060
abuse and child neglect prevention advisory board, each advisory	4061
board shall consist of an odd number of members from both the	4062
public and private sectors, including all of the following:	4063

(a) A representative of an agency responsible for the	4064
administration of children's services in the county or district;	4065

(b) A provider of alcohol or drug addiction services or a	4066
representative of a board of alcohol, drug addiction, and mental	4067
health services that serves the county or district;	4068

(c) A provider of mental health services or a representative	4069
of a board of alcohol, drug addiction, and mental health services	4070
that serves the county or district;	4071

(d) A representative of a county board of ~~mental retardation~~	4072
~~and~~ developmental disabilities that serves the county or district;	4073

(e) A representative of the educational community appointed	4074
by the superintendent of the school district with largest	4075
enrollment in the county or multicounty district.	4076

(2) The following groups and entities may be represented on	4077
the advisory board:	4078

(a) Parent groups;

4079

(b) Juvenile justice officials;

4080

(c) Pediatricians, health department nurses, and other	4081
representatives of the medical community;	4082

(d) School personnel;

4083

(e) Counselors and social workers;

4084

(f) Head start agencies;

4085

(g) Child care providers;

4086

(h) Other persons with demonstrated knowledge in programs for	4087
children.	4088

(3) Of the members first appointed, at least one shall serve	4089
for a term of three years, at least one for a term of two years,	4090
and at least one for a term of one year. Thereafter, each member	4091
shall serve a term of three years. Each member shall serve until	4092
the member's successor is appointed. All vacancies on the board	4093
shall be filled for the balance of the unexpired term in the same	4094
manner as the original appointment.	4095

(E) Each child abuse and child neglect prevention advisory	4096
board may incur reasonable costs not to exceed five per cent of	4097
the funds allocated to the county or district under section	4098
3109.17 of the Revised Code, for the purpose of carrying out the	4099
functions of the advisory board.	4100

(F) Each child abuse and child neglect prevention advisory	4101
board shall do all of the following:	4102

(1) For each fiscal biennium, develop a local allocation plan	4103
for the purpose of preventing child abuse and child neglect and	4104
submit the plan to the children's trust fund board on or before	4105
the first day of April preceding the fiscal year for which the	4106
plan is developed;	4107

(2) Provide effective public notice, as defined by the	4108
children's trust fund board in the state plan or, if the board	4109
does not define the term in the state plan, as defined in rules	4110
adopted by the department of job and family services, to potential	4111
applicants about the availability of funds from the children's	4112
trust fund, including an estimate of the amount of money available	4113
for grants within each county or district, the date of at least	4114
one public hearing, information on obtaining a copy of the grant	4115
application form, and the deadline for submitting grant	4116
applications;	4117

(3) Review all applications received using criteria specified	4118
in the state plan adopted by the board under section 3109.17 of	4119
the Revised Code;	4120

(4) Consistent with the local allocation plan developed	4121
pursuant to division (F)(1) of this section, make grants to child	4122
abuse and child neglect prevention programs.	4123

(5) Establish any reporting requirements for grant	4124
recipients, in addition to those specified by the children's trust	4125
fund board, and for children's advocacy centers for which funds	4126
are used in accordance with section 3109.172 of the Revised Code.	4127

(G) A member of a child abuse and child neglect prevention	4128
advisory board shall not participate in the development of a local	4129
allocation plan under division (F)(1) of this section if it is	4130
reasonable to expect that the member's judgment could be affected	4131
by the member's own financial, business, property, or personal	4132
interest or other conflict of interest. For purposes of this	4133
division, "conflict of interest" means the taking of any action	4134
that violates any applicable provision of Chapter 102. or 2921. of	4135
the Revised Code. Questions relating to the existence of a	4136
conflict of interest pertaining to Chapter 2921. of the Revised	4137
Code shall be submitted by the advisory board to the local	4138
prosecuting attorney for resolution. Questions relating to the	4139
existence of a conflict of interest pertaining to Chapter 102. of	4140
the Revised Code shall be submitted by the advisory board to the	4141
Ohio ethics commission for resolution.	4142

(H) Each advisory board shall assist the children's trust	4143
fund board in monitoring programs that receive money from the	4144
children's trust fund and shall perform such other duties for the	4145
local administration of the children's trust fund as the	4146
children's trust fund board requires.	4147

(I) A children's advocacy center for which a child abuse and	4148
child neglect prevention advisory board uses any amount out of the	4149
funds allocated to the advisory board under section 3109.172 of	4150
the Revised Code, as start-up costs for the establishment and	4151
operation of the center, shall use the moneys so received only for	4152
establishment and operation of the center in accordance with	4153
sections 2151.425 to 2151.428 of the Revised Code. Any other	4154
person or entity that is a recipient of a grant from the	4155
children's trust fund shall use the grant funds only to fund	4156
primary and secondary child abuse and child neglect prevention	4157
programs. Any grant funds that are not spent by the recipient of	4158
the funds within the time specified by the terms of the grant	4159
shall be returned to the county treasurer. Any grant funds	4160
returned that are not redistributed by the advisory board within	4161
the state fiscal year in which they are received shall be returned	4162
to the treasurer of state. The treasurer of state shall deposit	4163
such unspent moneys into the children's trust fund to be spent for	4164
purposes consistent with the state plan adopted under section	4165
3109.17 of the Revised Code.	4166

(J) Applications for grants from the children's trust fund	4167
shall be made to the advisory board on forms prescribed by the	4168
children's trust fund board.	4169

(K)(1) Each children's advocacy center for which a child	4170
abuse and child neglect prevention advisory board uses any amount	4171
out of the funds allocated to the advisory board under section	4172
3109.172 of the Revised Code, as start-up costs for the	4173
establishment and operation of the center, and each other person	4174
or entity that is a recipient of a children's trust fund grant	4175
from an advisory board shall file with the advisory board a copy	4176
of a semi-annual and an annual report that includes the	4177
information required by the children's trust fund board.	4178

(2) Each advisory board shall file with the children's trust	4179
fund board, not later than the fifteenth day of August following	4180
the year for which the report is written, a copy of an annual	4181
report regarding the county or district local allocation plan that	4182
contains the information required by the children's trust fund	4183
board, and regarding the advisory board's use of any amount out of	4184
the funds allocated to the advisory board under section 3109.172	4185
of the Revised Code as start-up costs for the establishment and	4186
operation of a children's advocacy center.	4187

Sec. 3301.07. The state board of education shall exercise	4188
under the acts of the general assembly general supervision of the	4189
system of public education in the state. In addition to the powers	4190
otherwise imposed on the state board under the provisions of law,	4191
the board shall have the following powers:	4192

(A) Exercise policy forming, planning, and evaluative	4193
functions for the public schools of the state, and for adult	4194
education, except as otherwise provided by law;	4195

(B) Exercise leadership in the improvement of public	4196
education in this state, and administer the educational policies	4197
of this state relating to public schools, and relating to	4198
instruction and instructional material, building and equipment,	4199
transportation of pupils, administrative responsibilities of	4200
school officials and personnel, and finance and organization of	4201
school districts, educational service centers, and territory.	4202
Consultative and advisory services in such matters shall be	4203
provided by the board to school districts and educational service	4204
centers of this state. The board also shall develop a standard of	4205
financial reporting which shall be used by all school districts	4206
and educational service centers to make their financial	4207
information available to the public in a format understandable by	4208
the average citizen and provide year-to-year comparisons for at	4209
least five years. The format shall show, among other things,	4210
district and educational service center revenue by source;	4211
expenditures for salaries, wages, and benefits of employees,	4212
showing such amounts separately for classroom teachers, other	4213
employees required to hold licenses issued pursuant to sections	4214
3319.22 to 3319.31 of the Revised Code, and all other employees;	4215
expenditures other than for personnel, by category, including	4216
utilities, textbooks and other educational materials, equipment,	4217
permanent improvements, pupil transportation, extracurricular	4218
athletics, and other extracurricular activities; and per pupil	4219
expenditures.	4220

(C) Administer and supervise the allocation and distribution	4221
of all state and federal funds for public school education under	4222
the provisions of law, and may prescribe such systems of	4223
accounting as are necessary and proper to this function. It may	4224
require county auditors and treasurers, boards of education,	4225
educational service center governing boards, treasurers of such	4226
boards, teachers, and other school officers and employees, or	4227
other public officers or employees, to file with it such reports	4228
as it may prescribe relating to such funds, or to the management	4229
and condition of such funds.	4230

(D) Formulate and prescribe minimum standards to be applied	4231
to all elementary and secondary schools in this state for the	4232
purpose of requiring a general education of high quality. Such	4233
standards shall provide adequately for: the licensing of teachers,	4234
administrators, and other professional personnel and their	4235
assignment according to training and qualifications; efficient and	4236
effective instructional materials and equipment, including library	4237
facilities; the proper organization, administration, and	4238
supervision of each school, including regulations for preparing	4239
all necessary records and reports and the preparation of a	4240
statement of policies and objectives for each school; buildings,	4241
grounds, health and sanitary facilities and services; admission of	4242
pupils, and such requirements for their promotion from grade to	4243
grade as will assure that they are capable and prepared for the	4244
level of study to which they are certified; requirements for	4245
graduation; and such other factors as the board finds necessary.	4246

In the formulation and administration of such standards for	4247
nonpublic schools the board shall also consider the particular	4248
needs, methods and objectives of those schools, provided they do	4249
not conflict with the provision of a general education of a high	4250
quality and provided that regular procedures shall be followed for	4251
promotion from grade to grade of pupils who have met the	4252
educational requirements prescribed.	4253

(E) May require as part of the health curriculum information	4254
developed under section 2108.15 of the Revised Code promoting the	4255
donation of anatomical gifts pursuant to Chapter 2108. of the	4256
Revised Code and may provide the information to high schools,	4257
educational service centers, and joint vocational school district	4258
boards of education;	4259

(F) Prepare and submit annually to the governor and the	4260
general assembly a report on the status, needs, and major problems	4261
of the public schools of the state, with recommendations for	4262
necessary legislative action and a ten-year projection of the	4263
state's public and nonpublic school enrollment, by year and by	4264
grade level;	4265

(G) Prepare and submit to the director of budget and	4266
management the biennial budgetary requests of the state board of	4267
education, for its agencies and for the public schools of the	4268
state;	4269

(H) Cooperate with federal, state, and local agencies	4270
concerned with the health and welfare of children and youth of the	4271
state;	4272

(I) Require such reports from school districts and	4273
educational service centers, school officers, and employees as are	4274
necessary and desirable. The superintendents and treasurers of	4275
school districts and educational service centers shall certify as	4276
to the accuracy of all reports required by law or state board or	4277
state department of education rules to be submitted by the	4278
district or educational service center and which contain	4279
information necessary for calculation of state funding. Any	4280
superintendent who knowingly falsifies such report shall be	4281
subject to license revocation pursuant to section 3319.31 of the	4282
Revised Code.	4283

(J) In accordance with Chapter 119. of the Revised Code,	4284
adopt procedures, standards, and guidelines for the education of	4285
children with disabilities pursuant to Chapter 3323. of the	4286
Revised Code, including procedures, standards, and guidelines	4287
governing programs and services operated by county boards of	4288
~~mental retardation and~~ developmental disabilities pursuant to	4289
section 3323.09 of the Revised Code;	4290

(K) For the purpose of encouraging the development of special	4291
programs of education for academically gifted children, employ	4292
competent persons to analyze and publish data, promote research,	4293
advise and counsel with boards of education, and encourage the	4294
training of teachers in the special instruction of gifted	4295
children. The board may provide financial assistance out of any	4296
funds appropriated for this purpose to boards of education and	4297
educational service center governing boards for developing and	4298
conducting programs of education for academically gifted children.	4299

(L) Require that all public schools emphasize and encourage,	4300
within existing units of study, the teaching of energy and	4301
resource conservation as recommended to each district board of	4302
education by leading business persons involved in energy	4303
production and conservation, beginning in the primary grades;	4304

(M) Formulate and prescribe minimum standards requiring the	4305
use of phonics as a technique in the teaching of reading in grades	4306
kindergarten through three. In addition, the state board shall	4307
provide in-service training programs for teachers on the use of	4308
phonics as a technique in the teaching of reading in grades	4309
kindergarten through three.	4310

(N) Develop and modify as necessary a state plan for	4311
technology to encourage and promote the use of technological	4312
advancements in educational settings.	4313

The board may adopt rules necessary for carrying out any	4314
function imposed on it by law, and may provide rules as are	4315
necessary for its government and the government of its employees,	4316
and may delegate to the superintendent of public instruction the	4317
management and administration of any function imposed on it by	4318
law. It may provide for the appointment of board members to serve	4319
on temporary committees established by the board for such purposes	4320
as are necessary. Permanent or standing committees shall not be	4321
created.	4322

Sec. 3301.52. As used in sections 3301.52 to 3301.59 of the	4323
Revised Code:	4324

(A) "Preschool program" means either of the following:

4325

(1) A child care program for preschool children that is	4326
operated by a school district board of education or an eligible	4327
nonpublic school.	4328

(2) A child care program for preschool children age three or	4329
older that is operated by a county ~~MR/DD~~DD board.	4330

(B) "Preschool child" or "child" means a child who has not	4331
entered kindergarten and is not of compulsory school age.	4332

(C) "Parent, guardian, or custodian" means the person or	4333
government agency that is or will be responsible for a child's	4334
school attendance under section 3321.01 of the Revised Code.	4335

(D) "Superintendent" means the superintendent of a school	4336
district or the chief administrative officer of an eligible	4337
nonpublic school.	4338

(E) "Director" means the director, head teacher, elementary	4339
principal, or site administrator who is the individual on site and	4340
responsible for supervision of a preschool program.	4341

(F) "Preschool staff member" means a preschool employee whose	4342
primary responsibility is care, teaching, or supervision of	4343
preschool children.	4344

(G) "Nonteaching employee" means a preschool program or	4345
school child program employee whose primary responsibilities are	4346
duties other than care, teaching, and supervision of preschool	4347
children or school children.	4348

(H) "Eligible nonpublic school" means a nonpublic school	4349
chartered as described in division (B)(8) of section 5104.02 of	4350
the Revised Code or chartered by the state board of education for	4351
any combination of grades one through twelve, regardless of	4352
whether it also offers kindergarten.	4353

(I) "County ~~MR/DD~~DD board" means a county board of ~~mental~~	4354
~~retardation and~~ developmental disabilities.	4355

(J) "School child program" means a child care program for	4356
only school children that is operated by a school district board	4357
of education, county ~~MR/DD~~DD board, or eligible nonpublic school.	4358

(K) "School child" and "child care" have the same meanings as	4359
in section 5104.01 of the Revised Code.	4360

(L) "School child program staff member" means an employee	4361
whose primary responsibility is the care, teaching, or supervision	4362
of children in a school child program.	4363

Sec. 3301.53. (A) The state board of education, in	4364
consultation with the director of job and family services, shall	4365
formulate and prescribe by rule adopted under Chapter 119. of the	4366
Revised Code minimum standards to be applied to preschool programs	4367
operated by school district boards of education, county ~~MR/DD~~DD	4368
boards, or eligible nonpublic schools. The rules shall include	4369
the following:	4370

(1) Standards ensuring that the preschool program is located	4371
in a safe and convenient facility that accommodates the enrollment	4372
of the program, is of the quality to support the growth and	4373
development of the children according to the program objectives,	4374
and meets the requirements of section 3301.55 of the Revised Code;	4375

(2) Standards ensuring that supervision, discipline, and	4376
programs will be administered according to established objectives	4377
and procedures;	4378

(3) Standards ensuring that preschool staff members and	4379
nonteaching employees are recruited, employed, assigned,	4380
evaluated, and provided inservice education without discrimination	4381
on the basis of age, color, national origin, race, or sex; and	4382
that preschool staff members and nonteaching employees are	4383
assigned responsibilities in accordance with written position	4384
descriptions commensurate with their training and experience;	4385

(4) A requirement that boards of education intending to	4386
establish a preschool program demonstrate a need for a preschool	4387
program prior to establishing the program;	4388

(5) Requirements that children participating in preschool	4389
programs have been immunized to the extent considered appropriate	4390
by the state board to prevent the spread of communicable disease;	4391

(6) Requirements that the parents of preschool children	4392
complete the emergency medical authorization form specified in	4393
section 3313.712 of the Revised Code.	4394

(B) The state board of education in consultation with the	4395
director of job and family services shall ensure that the rules	4396
adopted by the state board under sections 3301.52 to 3301.58 of	4397
the Revised Code are consistent with and meet or exceed the	4398
requirements of Chapter 5104. of the Revised Code with regard to	4399
child day-care centers. The state board and the director of job	4400
and family services shall review all such rules at least once	4401
every five years.	4402

(C) The state board of education, in consultation with the	4403
director of job and family services, shall adopt rules for school	4404
child programs that are consistent with and meet or exceed the	4405
requirements of the rules adopted for school child day-care	4406
centers under Chapter 5104. of the Revised Code.	4407

Sec. 3301.55. (A) A school district, county ~~MR/DD~~DD board,	4408
or eligible nonpublic school operating a preschool program shall	4409
house the program in buildings that meet the following	4410
requirements:	4411

(1) The building is operated by the district, county ~~MR/DD~~DD	4412
board, or eligible nonpublic school and has been approved by the	4413
division of industrial compliance in the department of commerce or	4414
a certified municipal, township, or county building department for	4415
the purpose of operating a program for preschool children. Any	4416
such structure shall be constructed, equipped, repaired, altered,	4417
and maintained in accordance with applicable provisions of	4418
Chapters 3781. and 3791. and with rules adopted by the board of	4419
building standards under Chapter 3781. of the Revised Code for the	4420
safety and sanitation of structures erected for this purpose.	4421

(2) The building is in compliance with fire and safety laws	4422
and regulations as evidenced by reports of annual school fire and	4423
safety inspections as conducted by appropriate local authorities.	4424

(3) The school is in compliance with rules established by the	4425
state board of education regarding school food services.	4426

(4) The facility includes not less than thirty-five square	4427
feet of indoor space for each child in the program. Safe play	4428
space, including both indoor and outdoor play space, totaling not	4429
less than sixty square feet for each child using the space at any	4430
one time, shall be regularly available and scheduled for use.	4431

(5) First aid facilities and space for temporary placement or	4432
isolation of injured or ill children are provided.	4433

(B) Each school district, county ~~MR/DD~~DD board, or eligible	4434
nonpublic school that operates, or proposes to operate, a	4435
preschool program shall submit a building plan including all	4436
information specified by the state board of education to the board	4437
not later than the first day of September of the school year in	4438
which the program is to be initiated. The board shall determine	4439
whether the buildings meet the requirements of this section and	4440
section 3301.53 of the Revised Code, and notify the superintendent	4441
of its determination. If the board determines, on the basis of the	4442
building plan or any other information, that the buildings do not	4443
meet those requirements, it shall cause the buildings to be	4444
inspected by the department of education. The department shall	4445
make a report to the superintendent specifying any aspects of the	4446
building that are not in compliance with the requirements of this	4447
section and section 3301.53 of the Revised Code and the time	4448
period that will be allowed the district, county ~~MR/DD~~DD board,	4449
or school to meet the requirements.	4450

Sec. 3301.57. (A) For the purpose of improving programs,	4451
facilities, and implementation of the standards promulgated by the	4452
state board of education under section 3301.53 of the Revised	4453
Code, the state department of education shall provide consultation	4454
and technical assistance to school districts, county ~~MR/DD~~DD	4455
boards, and eligible nonpublic schools operating preschool	4456
programs or school child programs, and inservice training to	4457
preschool staff members, school child program staff members, and	4458
nonteaching employees.	4459

(B) The department and the school district board of	4460
education, county ~~MR/DD~~DD board, or eligible nonpublic school	4461
shall jointly monitor each preschool program and each school child	4462
program.	4463

If the program receives any grant or other funding from the	4464
state or federal government, the department annually shall monitor	4465
all reports on attendance, financial support, and expenditures	4466
according to provisions for use of the funds.	4467

(C) The department of education, at least twice during every	4468
twelve-month period of operation of a preschool program or a	4469
licensed school child program, shall inspect the program and	4470
provide a written inspection report to the superintendent of the	4471
school district, county ~~MR/DD~~DD board, or eligible nonpublic	4472
school. At least one inspection shall be unannounced, and all	4473
inspections may be unannounced. No person shall interfere with any	4474
inspection conducted pursuant to this division or to the rules	4475
adopted pursuant to sections 3301.52 to 3301.59 of the Revised	4476
Code.	4477

Upon receipt of any complaint that a preschool program or a	4478
licensed school child program is out of compliance with the	4479
requirements in sections 3301.52 to 3301.59 of the Revised Code or	4480
the rules adopted under those sections, the department shall	4481
investigate and may inspect the program.	4482

(D) If a preschool program or a licensed school child program	4483
is determined to be out of compliance with the requirements of	4484
sections 3301.52 to 3301.59 of the Revised Code or the rules	4485
adopted under those sections, the department of education shall	4486
notify the appropriate superintendent, county ~~MR/DD~~DD board, or	4487
eligible nonpublic school in writing regarding the nature of the	4488
violation, what must be done to correct the violation, and by what	4489
date the correction must be made. If the correction is not made by	4490
the date established by the department, it may commence action	4491
under Chapter 119. of the Revised Code to close the program or to	4492
revoke the license of the program. If a program does not comply	4493
with an order to cease operation issued in accordance with Chapter	4494
119. of the Revised Code, the department shall notify the attorney	4495
general, the prosecuting attorney of the county in which the	4496
program is located, or the city attorney, village solicitor, or	4497
other chief legal officer of the municipal corporation in which	4498
the program is located that the program is operating in violation	4499
of sections 3301.52 to 3301.59 of the Revised Code or the rules	4500
adopted under those sections and in violation of an order to cease	4501
operation issued in accordance with Chapter 119. of the Revised	4502
Code. Upon receipt of the notification, the attorney general,	4503
prosecuting attorney, city attorney, village solicitor, or other	4504
chief legal officer shall file a complaint in the court of common	4505
pleas of the county in which the program is located requesting the	4506
court to issue an order enjoining the program from operating. The	4507
court shall grant the requested injunctive relief upon a showing	4508
that the program named in the complaint is operating in violation	4509
of sections 3301.52 to 3301.59 of the Revised Code or the rules	4510
adopted under those sections and in violation of an order to cease	4511
operation issued in accordance with Chapter 119. of the Revised	4512
Code.	4513

(E) The department of education shall prepare an annual	4514
report on inspections conducted under this section. The report	4515
shall include the number of inspections conducted, the number and	4516
types of violations found, and the steps taken to address the	4517
violations. The department shall file the report with the	4518
governor, the president and minority leader of the senate, and the	4519
speaker and minority leader of the house of representatives on or	4520
before the first day of January of each year, beginning in 1999.	4521

Sec. 3301.58. (A) The department of education is responsible	4522
for the licensing of preschool programs and school child programs	4523
and for the enforcement of sections 3301.52 to 3301.59 of the	4524
Revised Code and of any rules adopted under those sections. No	4525
school district board of education, county ~~MR/DD~~DD board, or	4526
eligible nonpublic school shall operate, establish, manage,	4527
conduct, or maintain a preschool program without a license issued	4528
under this section. A school district board of education, county	4529
~~MR/DD~~DD board, or eligible nonpublic school may obtain a license	4530
under this section for a school child program. The school district	4531
board of education, county ~~MR/DD~~DD board, or eligible nonpublic	4532
school shall post the current license for each preschool program	4533
and licensed school child program it operates, establishes,	4534
manages, conducts, or maintains in a conspicuous place in the	4535
preschool program or licensed school child program that is	4536
accessible to parents, custodians, or guardians and employees and	4537
staff members of the program at all times when the program is in	4538
operation.	4539

(B) Any school district board of education, county ~~MR/DD~~DD	4540
board, or eligible nonpublic school that desires to operate,	4541
establish, manage, conduct, or maintain a preschool program shall	4542
apply to the department of education for a license on a form that	4543
the department shall prescribe by rule. Any school district board	4544
of education, county ~~MR/DD~~DD board, or eligible nonpublic school	4545
that desires to obtain a license for a school child program shall	4546
apply to the department for a license on a form that the	4547
department shall prescribe by rule. The department shall provide	4548
at no charge to each applicant for a license under this section a	4549
copy of the requirements under sections 3301.52 to 3301.59 of the	4550
Revised Code and any rules adopted under those sections. The	4551
department shall mail application forms for the renewal of a	4552
license at least one hundred twenty days prior to the date of the	4553
expiration of the license, and the application for renewal of a	4554
license shall be filed with the department at least sixty days	4555
before the date of the expiration of the existing license. The	4556
department may establish application fees by rule adopted under	4557
Chapter 119. of the Revised Code, and all applicants for a license	4558
shall pay any fee established by the department at the time of	4559
making an application for a license. All fees collected pursuant	4560
to this section shall be paid into the state treasury to the	4561
credit of the general revenue fund.	4562

(C) Upon the filing of an application for a license, the	4563
department of education shall investigate and inspect the	4564
preschool program or school child program to determine the license	4565
capacity for each age category of children of the program and to	4566
determine whether the program complies with sections 3301.52 to	4567
3301.59 of the Revised Code and any rules adopted under those	4568
sections. When, after investigation and inspection, the department	4569
of education is satisfied that sections 3301.52 to 3301.59 of the	4570
Revised Code and any rules adopted under those sections are	4571
complied with by the applicant, the department of education shall	4572
issue the program a provisional license as soon as practicable in	4573
the form and manner prescribed by the rules of the department. The	4574
provisional license shall be valid for six months from the date of	4575
issuance unless revoked.	4576

(D) The department of education shall investigate and inspect	4577
a preschool program or school child program that has been issued a	4578
provisional license at least once during operation under the	4579
provisional license. If, after the investigation and inspection,	4580
the department of education determines that the requirements of	4581
sections 3301.52 to 3301.59 of the Revised Code and any rules	4582
adopted under those sections are met by the provisional licensee,	4583
the department of education shall issue a license that is	4584
effective for two years from the date of the issuance of the	4585
provisional license.	4586

(E) Upon the filing of an application for the renewal of a	4587
license by a preschool program or school child program, the	4588
department of education shall investigate and inspect the	4589
preschool program or school child program. If the department of	4590
education determines that the requirements of sections 3301.52 to	4591
3301.59 of the Revised Code and any rules adopted under those	4592
sections are met by the applicant, the department of education	4593
shall renew the license for two years from the date of the	4594
expiration date of the previous license.	4595

(F) The license or provisional license shall state the name	4596
of the school district board of education, county ~~MR/DD~~DD board,	4597
or eligible nonpublic school that operates the preschool program	4598
or school child program and the license capacity of the program.	4599
The license shall include any other information required by	4600
section 5104.03 of the Revised Code for the license of a child	4601
day-care center.	4602

(G) The department of education may revoke the license of any	4603
preschool program or school child program that is not in	4604
compliance with the requirements of sections 3301.52 to 3301.59 of	4605
the Revised Code and any rules adopted under those sections.	4606

(H) If the department of education revokes a license or	4607
refuses to renew a license to a program, the department shall not	4608
issue a license to the program within two years from the date of	4609
the revocation or refusal. All actions of the department with	4610
respect to licensing preschool programs and school child programs	4611
shall be in accordance with Chapter 119. of the Revised Code.	4612

Sec. 3314.022. The governing authority of any community	4613
school established under this chapter may contract with the	4614
governing authority of another community school, the board of	4615
education of a school district, the governing board of an	4616
educational service center, a county ~~MR/DD~~DD board, or the	4617
administrative authority of a nonpublic school for provision of	4618
services for any disabled student enrolled at the school. Any	4619
school district board of education or educational service center	4620
governing board shall negotiate with a community school governing	4621
authority that seeks to contract for the provision of services for	4622
a disabled student under this section in the same manner as it	4623
would with the board of education of a school district that seeks	4624
to contract for such services.	4625

Sec. 3314.99. (A) Whoever violates division (F) of section	4626
3314.40 of the Revised Code shall be punished as follows:	4627

(1) Except as otherwise provided in division (A)(2) of this	4628
section, the person is guilty of a misdemeanor of the fourth	4629
degree.	4630

(2) The person is guilty of a misdemeanor of the first degree	4631
if both of the following conditions apply:	4632

(a) The employee who is the subject of the report that the	4633
person fails to submit was required to be reported for the	4634
commission or alleged commission of an act or offense involving	4635
the infliction on a child of any physical or mental wound,	4636
injury, disability, or condition of a nature that constitutes	4637
abuse or neglect of the child;	4638

(b) During the period between the violation of division (F)	4639
of section 3314.40 of the Revised Code and the conviction of or	4640
plea of guilty by the person for that violation, the employee who	4641
is the subject of the report that the person fails to submit	4642
inflicts on any child attending a school district, educational	4643
service center, public or nonpublic school, or county board of	4644
~~mental retardation and~~ developmental disabilities where the	4645
employee works any physical or mental wound, injury, disability,	4646
or condition of a nature that constitutes abuse or neglect of the	4647
child.	4648

(B) Whoever violates division (B) of section 3314.403 of the	4649
Revised Code is guilty of a misdemeanor of the first degree.	4650

Sec. 3317.01. As used in this section and section 3317.011	4651
of the Revised Code, "school district," unless otherwise	4652
specified, means any city, local, exempted village, joint	4653
vocational, or cooperative education school district and any	4654
educational service center.	4655

This chapter shall be administered by the state board of	4656
education. The superintendent of public instruction shall	4657
calculate the amounts payable to each school district and shall	4658
certify the amounts payable to each eligible district to the	4659
treasurer of the district as provided by this chapter. As soon as	4660
possible after such amounts are calculated, the superintendent	4661
shall certify to the treasurer of each school district the	4662
district's adjusted charge-off increase, as defined in section	4663
5705.211 of the Revised Code. No moneys shall be distributed	4664
pursuant to this chapter without the approval of the controlling	4665
board.	4666

The state board of education shall, in accordance with	4667
appropriations made by the general assembly, meet the financial	4668
obligations of this chapter.	4669

Annually, the department of education shall calculate and	4670
report to each school district the district's total state and	4671
local funds for providing an adequate basic education to the	4672
district's nondisabled students, utilizing the determination in	4673
section 3317.012 of the Revised Code. In addition, the department	4674
shall calculate and report separately for each school district	4675
the district's total state and local funds for providing an	4676
adequate education for its students with disabilities, utilizing	4677
the determinations in both sections 3317.012 and 3317.013 of the	4678
Revised Code.	4679

Not later than the thirty-first day of August of each fiscal	4680
year, the department of education shall provide to each school	4681
district and county ~~MR/DD~~DD board a preliminary estimate of the	4682
amount of funding that the department calculates the district will	4683
receive under each of divisions (C)(1) and (4) of section 3317.022	4684
of the Revised Code. No later than the first day of December of	4685
each fiscal year, the department shall update that preliminary	4686
estimate.	4687

Moneys distributed pursuant to this chapter shall be	4688
calculated and paid on a fiscal year basis, beginning with the	4689
first day of July and extending through the thirtieth day of June.	4690
The moneys appropriated for each fiscal year shall be distributed	4691
at least monthly to each school district unless otherwise provided	4692
for. The state board shall submit a yearly distribution plan to	4693
the controlling board at its first meeting in July. The state	4694
board shall submit any proposed midyear revision of the plan to	4695
the controlling board in January. Any year-end revision of the	4696
plan shall be submitted to the controlling board in June. If	4697
moneys appropriated for each fiscal year are distributed other	4698
than monthly, such distribution shall be on the same basis for	4699
each school district.	4700

The total amounts paid each month shall constitute, as nearly	4701
as possible, one-twelfth of the total amount payable for the	4702
entire year.	4703

Until fiscal year 2007, payments made during the first six	4704
months of the fiscal year may be based on an estimate of the	4705
amounts payable for the entire year. Payments made in the last	4706
six months shall be based on the final calculation of the amounts	4707
payable to each school district for that fiscal year. Payments	4708
made in the last six months may be adjusted, if necessary, to	4709
correct the amounts distributed in the first six months, and to	4710
reflect enrollment increases when such are at least three per	4711
cent.	4712

Beginning in fiscal year 2007, payments shall be calculated	4713
to reflect the biannual reporting of average daily membership. In	4714
fiscal year 2007 and in each fiscal year thereafter, annualized	4715
periodic payments for each school district shall be based on the	4716
district's final student counts verified by the superintendent of	4717
public instruction based on reports under section 3317.03 of the	4718
Revised Code, as adjusted, if so ordered, under division (K) of	4719
that section, as follows:	4720

the sum of one-half of the number of students verified	4721

and adjusted for the first full week in October	4722

plus one-half of the average of the numbers	4723

verified and adjusted for the first full week	4724

in October and for the first full week in February	4725

Except as otherwise provided, payments under this chapter	4726
shall be made only to those school districts in which:	4727

(A) The school district, except for any educational service	4728
center and any joint vocational or cooperative education school	4729
district, levies for current operating expenses at least twenty	4730
mills. Levies for joint vocational or cooperative education	4731
school districts or county school financing districts, limited to	4732
or to the extent apportioned to current expenses, shall be	4733
included in this qualification requirement. School district income	4734
tax levies under Chapter 5748. of the Revised Code, limited to or	4735
to the extent apportioned to current operating expenses, shall be	4736
included in this qualification requirement to the extent	4737
determined by the tax commissioner under division (D) of section	4738
3317.021 of the Revised Code.	4739

(B) The school year next preceding the fiscal year for which	4740
such payments are authorized meets the requirement of section	4741
3313.48 or 3313.481 of the Revised Code, with regard to the	4742
minimum number of days or hours school must be open for	4743
instruction with pupils in attendance, for individualized	4744
parent-teacher conference and reporting periods, and for	4745
professional meetings of teachers. This requirement shall be	4746
waived by the superintendent of public instruction if it had been	4747
necessary for a school to be closed because of disease epidemic,	4748
hazardous weather conditions, inoperability of school buses or	4749
other equipment necessary to the school's operation, damage to a	4750
school building, or other temporary circumstances due to utility	4751
failure rendering the school building unfit for school use,	4752
provided that for those school districts operating pursuant to	4753
section 3313.48 of the Revised Code the number of days the school	4754
was actually open for instruction with pupils in attendance and	4755
for individualized parent-teacher conference and reporting periods	4756
is not less than one hundred seventy-five, or for those school	4757
districts operating on a trimester plan the number of days the	4758
school was actually open for instruction with pupils in attendance	4759
not less than seventy-nine days in any trimester, for those school	4760
districts operating on a quarterly plan the number of days the	4761
school was actually open for instruction with pupils in attendance	4762
not less than fifty-nine days in any quarter, or for those school	4763
districts operating on a pentamester plan the number of days the	4764
school was actually open for instruction with pupils in attendance	4765
not less than forty-four days in any pentamester.	4766

A school district shall not be considered to have failed to	4767
comply with this division or section 3313.481 of the Revised Code	4768
because schools were open for instruction but either twelfth grade	4769
students were excused from attendance for up to three days or only	4770
a portion of the kindergarten students were in attendance for up	4771
to three days in order to allow for the gradual orientation to	4772
school of such students.	4773

The superintendent of public instruction shall waive the	4774
requirements of this section with reference to the minimum number	4775
of days or hours school must be in session with pupils in	4776
attendance for the school year succeeding the school year in which	4777
a board of education initiates a plan of operation pursuant to	4778
section 3313.481 of the Revised Code. The minimum requirements of	4779
this section shall again be applicable to such a district	4780
beginning with the school year commencing the second July	4781
succeeding the initiation of one such plan, and for each school	4782
year thereafter.	4783

A school district shall not be considered to have failed to	4784
comply with this division or section 3313.48 or 3313.481 of the	4785
Revised Code because schools were open for instruction but the	4786
length of the regularly scheduled school day, for any number of	4787
days during the school year, was reduced by not more than two	4788
hours due to hazardous weather conditions.	4789

(C) The school district has on file, and is paying in	4790
accordance with, a teachers' salary schedule which complies with	4791
section 3317.13 of the Revised Code.	4792

A board of education or governing board of an educational	4793
service center which has not conformed with other law and the	4794
rules pursuant thereto, shall not participate in the distribution	4795
of funds authorized by sections 3317.022 to 3317.0211, 3317.11,	4796
3317.16, 3317.17, and 3317.19 of the Revised Code, except for good	4797
and sufficient reason established to the satisfaction of the state	4798
board of education and the state controlling board.	4799

All funds allocated to school districts under this chapter,	4800
except those specifically allocated for other purposes, shall be	4801
used to pay current operating expenses only.	4802

Sec. 3317.02. As used in this chapter:

4803

(A) Unless otherwise specified, "school district" means city,	4804
local, and exempted village school districts.	4805

(B) "Formula amount" means the base cost for the fiscal year	4806
specified in division (B)(4) of section 3317.012 of the Revised	4807
Code.	4808

(C) "FTE basis" means a count of students based on full-time	4809
equivalency, in accordance with rules adopted by the department of	4810
education pursuant to section 3317.03 of the Revised Code. In	4811
adopting its rules under this division, the department shall	4812
provide for counting any student in category one, two, three,	4813
four, five, or six special education ADM or in category one or two	4814
vocational education ADM in the same proportion the student is	4815
counted in formula ADM.	4816

(D) "Formula ADM" means, for a city, local, or exempted	4817
village school district, the final number verified by the	4818
superintendent of public instruction, based on the number reported	4819
pursuant to division (A) of section 3317.03 of the Revised Code,	4820
as adjusted, if so ordered, under division (K) of that section.	4821
"Formula ADM" means, for a joint vocational school district, the	4822
final number verified by the superintendent of public	4823
instruction, based on the number reported pursuant to division (D)	4824
of section 3317.03 of the Revised Code, as adjusted, if so	4825
ordered, under division (K) of that section. Beginning in fiscal	4826
year 2007, for payments in which formula ADM is a factor, the	4827
formula ADM for each school district for the fiscal year is the	4828
sum of one-half of the number verified and adjusted for October	4829
of that fiscal year plus one-half of the average of the numbers	4830
verified and adjusted for October and February of that fiscal	4831
year.	4832

(E) "Three-year average formula ADM" means the average of	4833
formula ADMs for the preceding three fiscal years.	4834

(F)(1) "Category one special education ADM" means the average	4835
daily membership of children with disabilities receiving special	4836
education services for the disability specified in division (A)	4837
of section 3317.013 of the Revised Code and reported under	4838
division (B)(5) or (D)(2)(b) of section 3317.03 of the Revised	4839
Code. Beginning in fiscal year 2007, the district's category one	4840
special education ADM for a fiscal year is the sum of one-half of	4841
the number reported for October of that fiscal year plus one-half	4842
of the average of the numbers reported for October and February	4843
of that fiscal year.	4844

(2) "Category two special education ADM" means the average	4845
daily membership of children with disabilities receiving special	4846
education services for those disabilities specified in division	4847
(B) of section 3317.013 of the Revised Code and reported under	4848
division (B)(6) or (D)(2)(c) of section 3317.03 of the Revised	4849
Code. Beginning in fiscal year 2007, the district's category two	4850
special education ADM for a fiscal year is the sum of one-half of	4851
the number reported for October of that fiscal year plus one-half	4852
of the average of the numbers reported for October and February	4853
of that fiscal year.	4854

(3) "Category three special education ADM" means the average	4855
daily membership of students receiving special education services	4856
for those disabilities specified in division (C) of section	4857
3317.013 of the Revised Code, and reported under division (B)(7)	4858
or (D)(2)(d) of section 3317.03 of the Revised Code. Beginning in	4859
fiscal year 2007, the district's category three special education	4860
ADM for a fiscal year is the sum of one-half of the number	4861
reported for October of that fiscal year plus one-half of the	4862
average of the numbers reported for October and February of that	4863
fiscal year.	4864

(4) "Category four special education ADM" means the average	4865
daily membership of students receiving special education services	4866
for those disabilities specified in division (D) of section	4867
3317.013 of the Revised Code and reported under division (B)(8)	4868
or (D)(2)(e) of section 3317.03 of the Revised Code. Beginning in	4869
fiscal year 2007, the district's category four special education	4870
ADM for a fiscal year is the sum of one-half of the number	4871
reported for October of that fiscal year plus one-half of the	4872
average of the numbers reported for October and February of that	4873
fiscal year.	4874

(5) "Category five special education ADM" means the average	4875
daily membership of students receiving special education services	4876
for the disabilities specified in division (E) of section	4877
3317.013 of the Revised Code and reported under division (B)(9) or	4878
(D)(2)(f) of section 3317.03 of the Revised Code. Beginning in	4879
fiscal year 2007, the district's category five special education	4880
ADM for a fiscal year is the sum of one-half of the number	4881
reported for October of that fiscal year plus one-half of the	4882
average of the numbers reported for October and February of that	4883
fiscal year.	4884

(6) "Category six special education ADM" means the average	4885
daily membership of students receiving special education services	4886
for the disabilities specified in division (F) of section	4887
3317.013 of the Revised Code and reported under division (B)(10)	4888
or (D)(2)(g) of section 3317.03 of the Revised Code. Beginning in	4889
fiscal year 2007, the district's category six special education	4890
ADM for a fiscal year is the sum of one-half of the number	4891
reported for October of that fiscal year plus one-half of the	4892
average of the numbers reported for October and February of that	4893
fiscal year.	4894

(7) "Category one vocational education ADM" means the average	4895
daily membership of students receiving vocational education	4896
services described in division (A) of section 3317.014 of the	4897
Revised Code and reported under division (B)(11) or (D)(2)(h) of	4898
section 3317.03 of the Revised Code. Beginning in fiscal year	4899
2007, the district's category one vocational education ADM for a	4900
fiscal year is the sum of one-half of the number reported for	4901
October of that fiscal year plus one-half of the average of the	4902
numbers reported for October and February of that fiscal year.	4903

(8) "Category two vocational education ADM" means the average	4904
daily membership of students receiving vocational education	4905
services described in division (B) of section 3317.014 of the	4906
Revised Code and reported under division (B)(12) or (D)(2)(i) of	4907
section 3317.03 of the Revised Code. Beginning in fiscal year	4908
2007, the district's category two vocational education ADM for a	4909
fiscal year is the sum of one-half of the number reported for	4910
October of that fiscal year plus one-half of the average of the	4911
numbers reported for October and February of that fiscal year.	4912

(G) "Preschool child with a disability" means a child with	4913
a disability, as defined in section 3323.01 of the Revised Code,	4914
who is at least age three but is not of compulsory school age, as	4915
defined in section 3321.01 of the Revised Code, and who is not	4916
currently enrolled in kindergarten.	4917

(H) "County ~~MR/DD~~DD board" means a county board of ~~mental~~	4918
~~retardation and~~ developmental disabilities.	4919

(I) "Recognized valuation" means the amount calculated for a	4920
school district pursuant to section 3317.015 of the Revised Code.	4921

(J) "Transportation ADM" means the number of children	4922
reported under division (B)(13) of section 3317.03 of the Revised	4923
Code.	4924

(K) "Average efficient transportation use cost per student"	4925
means a statistical representation of transportation costs as	4926
calculated under division (D)(2) of section 3317.022 of the	4927
Revised Code.	4928

(L) "Taxes charged and payable" means the taxes charged and	4929
payable against real and public utility property after making the	4930
reduction required by section 319.301 of the Revised Code, plus	4931
the taxes levied against tangible personal property.	4932

(M) "Total taxable value" means the sum of the amounts	4933
certified for a city, local, exempted village, or joint vocational	4934
school district under divisions (A)(1) and (2) of section 3317.021	4935
of the Revised Code.	4936

(N) "Tax exempt value" of a school district means the amount	4937
certified for a school district under division (A)(4) of section	4938
3317.021 of the Revised Code.	4939

(O) "Potential value" of a school district means the	4940
recognized valuation of a school district plus the tax exempt	4941
value of the district.	4942

(P) "District median income" means the median Ohio adjusted	4943
gross income certified for a school district. On or before the	4944
first day of July of each year, the tax commissioner shall	4945
certify to the department of education and the office of budget	4946
and management for each city, exempted village, and local school	4947
district the median Ohio adjusted gross income of the residents	4948
of the school district determined on the basis of tax returns	4949
filed for the second preceding tax year by the residents of the	4950
district.	4951

(Q) "Statewide median income" means the median district	4952
median income of all city, exempted village, and local school	4953
districts in the state.	4954

(R) "Income factor" for a city, exempted village, or local	4955
school district means the quotient obtained by dividing that	4956
district's median income by the statewide median income.	4957

(S) "Medically fragile child" means a child to whom all of	4958
the following apply:	4959

(1) The child requires the services of a doctor of medicine	4960
or osteopathic medicine at least once a week due to the	4961
instability of the child's medical condition.	4962

(2) The child requires the services of a registered nurse on	4963
a daily basis.	4964

(3) The child is at risk of institutionalization in a	4965
hospital, skilled nursing facility, or intermediate care facility	4966
for the mentally retarded.	4967

(T) A child may be identified as having an "other health	4968
impairment-major" if the child's condition meets the definition	4969
of "other health impaired" established in rules adopted by the	4970
state board of education prior to July 1, 2001, and if either of	4971
the following apply:	4972

(1) The child is identified as having a medical condition	4973
that is among those listed by the superintendent of public	4974
instruction as conditions where a substantial majority of cases	4975
fall within the definition of "medically fragile child." The	4976
superintendent of public instruction shall issue an initial list	4977
no later than September 1, 2001.	4978

(2) The child is determined by the superintendent of public	4979
instruction to be a medically fragile child. A school district	4980
superintendent may petition the superintendent of public	4981
instruction for a determination that a child is a medically	4982
fragile child.	4983

(U) A child may be identified as having an "other health	4984
impairment-minor" if the child's condition meets the definition	4985
of "other health impaired" established in rules adopted by the	4986
state board of education prior to July 1, 2001, but the child's	4987
condition does not meet either of the conditions specified in	4988
division (T)(1) or (2) of this section.	4989

(V) "State education aid" has the same meaning as in section	4990
5751.20 of the Revised Code.	4991

(W) "Property exemption value" means zero in fiscal year	4992
2006, and in fiscal year 2007 and each fiscal year thereafter, the	4993
amount certified for a school district under divisions (A)(6) and	4994
(7) of section 3317.021 of the Revised Code.	4995

(X) "Internet- or computer-based community school" has the	4996
same meaning as in section 3314.02 of the Revised Code.	4997

Sec. 3317.024. In addition to the moneys paid to eligible	4998
school districts pursuant to section 3317.022 of the Revised Code,	4999
moneys appropriated for the education programs in divisions (A) to	5000
(I), (K), (L), and (N) of this section shall be distributed to	5001
school districts meeting the requirements of section 3317.01 of	5002
the Revised Code; in the case of divisions (G) and (L) of this	5003
section, to educational service centers as provided in section	5004
3317.11 of the Revised Code; in the case of divisions (D) and (J)	5005
of this section, to county ~~MR/DD~~DD boards; in the case of	5006
division (N) of this section, to joint vocational school	5007
districts; in the case of division (H) of this section, to	5008
cooperative education school districts; and in the case of	5009
division (M) of this section, to the institutions defined under	5010
section 3317.082 of the Revised Code providing elementary or	5011
secondary education programs to children other than children	5012
receiving special education under section 3323.091 of the Revised	5013
Code. The following shall be distributed monthly, quarterly, or	5014
annually as may be determined by the state board of education:	5015

(A) An amount for each island school district and each joint	5016
state school district for the operation of each high school and	5017
each elementary school maintained within such district and for	5018
capital improvements for such schools. Such amounts shall be	5019
determined on the basis of standards adopted by the state board of	5020
education.	5021

(B) An amount for each school district operating classes for	5022
children of migrant workers who are unable to be in attendance in	5023
an Ohio school during the entire regular school year. The amounts	5024
shall be determined on the basis of standards adopted by the state	5025
board of education, except that payment shall be made only for	5026
subjects regularly offered by the school district providing the	5027
classes.	5028

(C) An amount for each school district with guidance,	5029
testing, and counseling programs approved by the state board of	5030
education. The amount shall be determined on the basis of	5031
standards adopted by the state board of education.	5032

(D) An amount for the emergency purchase of school buses as	5033
provided for in section 3317.07 of the Revised Code;	5034

(E) An amount for each school district required to pay	5035
tuition for a child in an institution maintained by the department	5036
of youth services pursuant to section 3317.082 of the Revised	5037
Code, provided the child was not included in the calculation of	5038
the district's average daily membership for the preceding school	5039
year.	5040

(F) An amount for adult basic literacy education for each	5041
district participating in programs approved by the state board of	5042
education. The amount shall be determined on the basis of	5043
standards adopted by the state board of education.	5044

(G) An amount for the approved cost of transporting eligible	5045
pupils with disabilities attending a special education program	5046
approved by the department of education whom it is impossible or	5047
impractical to transport by regular school bus in the course of	5048
regular route transportation provided by the district or service	5049
center. No district or service center is eligible to receive a	5050
payment under this division for the cost of transporting any pupil	5051
whom it transports by regular school bus and who is included in	5052
the district's transportation ADM. The state board of education	5053
shall establish standards and guidelines for use by the department	5054
of education in determining the approved cost of such	5055
transportation for each district or service center.	5056

(H) An amount to each school district, including each	5057
cooperative education school district, pursuant to section 3313.81	5058
of the Revised Code to assist in providing free lunches to needy	5059
children and an amount to assist needy school districts in	5060
purchasing necessary equipment for food preparation. The amounts	5061
shall be determined on the basis of rules adopted by the state	5062
board of education.	5063

(I) An amount to each school district, for each pupil	5064
attending a chartered nonpublic elementary or high school within	5065
the district. The amount shall equal the amount appropriated for	5066
the implementation of section 3317.06 of the Revised Code divided	5067
by the average daily membership in grades kindergarten through	5068
twelve in nonpublic elementary and high schools within the state	5069
as determined during the first full week in October of each school	5070
year.	5071

(J) An amount for each county ~~MR/DD~~DD board, distributed on	5072
the basis of standards adopted by the state board of education,	5073
for the approved cost of transportation required for children	5074
attending special education programs operated by the county ~~MR/DD~~	5075
DD board under section 3323.09 of the Revised Code;	5076

(K) An amount for each school district that establishes a	5077
mentor teacher program that complies with rules of the state board	5078
of education. No school district shall be required to establish or	5079
maintain such a program in any year unless sufficient funds are	5080
appropriated to cover the district's total costs for the program.	5081

(L) An amount to each school district or educational service	5082
center for the total number of gifted units approved pursuant to	5083
section 3317.05 of the Revised Code. The amount for each such unit	5084
shall be the sum of the minimum salary for the teacher of the	5085
unit, calculated on the basis of the teacher's training level and	5086
years of experience pursuant to the salary schedule prescribed in	5087
the version of section 3317.13 of the Revised Code in effect prior	5088
to July 1, 2001, plus fifteen per cent of that minimum salary	5089
amount, plus two thousand six hundred seventy-eight dollars.	5090

(M) An amount to each institution defined under section	5091
3317.082 of the Revised Code providing elementary or secondary	5092
education to children other than children receiving special	5093
education under section 3323.091 of the Revised Code. This amount	5094
for any institution in any fiscal year shall equal the total of	5095
all tuition amounts required to be paid to the institution under	5096
division (A)(1) of section 3317.082 of the Revised Code.	5097

(N) A grant to each school district and joint vocational	5098
school district that operates a "graduation, reality, and	5099
dual-role skills" (GRADS) program for pregnant and parenting	5100
students that is approved by the department. The amount of the	5101
payment shall be the district's state share percentage, as defined	5102
in section 3317.022 or 3317.16 of the Revised Code, times the	5103
GRADS personnel allowance times the full-time-equivalent number of	5104
GRADS teachers approved by the department. The GRADS personnel	5105
allowance is $47,555 in fiscal years 2008 and 2009.	5106

The state board of education or any other board of education	5107
or governing board may provide for any resident of a district or	5108
educational service center territory any educational service for	5109
which funds are made available to the board by the United States	5110
under the authority of public law, whether such funds come	5111
directly or indirectly from the United States or any agency or	5112
department thereof or through the state or any agency, department,	5113
or political subdivision thereof.	5114

Sec. 3317.03. Notwithstanding divisions (A)(1), (B)(1), and	5115
(C) of this section, except as provided in division (A)(2)(h) of	5116
this section, any student enrolled in kindergarten more than half	5117
time shall be reported as one-half student under this section.	5118

(A) The superintendent of each city and exempted village	5119
school district and of each educational service center shall, for	5120
the schools under the superintendent's supervision, certify to the	5121
state board of education on or before the fifteenth day of October	5122
in each year for the first full school week in October the formula	5123
ADM. Beginning in fiscal year 2007, each superintendent also shall	5124
certify to the state board, for the schools under the	5125
superintendent's supervision, the formula ADM for the first full	5126
week in February. If a school under the superintendent's	5127
supervision is closed for one or more days during that week due to	5128
hazardous weather conditions or other circumstances described in	5129
the first paragraph of division (B) of section 3317.01 of the	5130
Revised Code, the superintendent may apply to the superintendent	5131
of public instruction for a waiver, under which the superintendent	5132
of public instruction may exempt the district superintendent from	5133
certifying the formula ADM for that school for that week and	5134
specify an alternate week for certifying the formula ADM of that	5135
school.	5136

The formula ADM shall consist of the average daily membership	5137
during such week of the sum of the following:	5138

(1) On an FTE basis, the number of students in grades	5139
kindergarten through twelve receiving any educational services	5140
from the district, except that the following categories of	5141
students shall not be included in the determination:	5142

(a) Students enrolled in adult education classes;

5143

(b) Adjacent or other district students enrolled in the	5144
district under an open enrollment policy pursuant to section	5145
3313.98 of the Revised Code;	5146

(c) Students receiving services in the district pursuant to a	5147
compact, cooperative education agreement, or a contract, but who	5148
are entitled to attend school in another district pursuant to	5149
section 3313.64 or 3313.65 of the Revised Code;	5150

(d) Students for whom tuition is payable pursuant to sections	5151
3317.081 and 3323.141 of the Revised Code;	5152

(e) Students receiving services in the district through a	5153
scholarship awarded under section 3310.41 of the Revised Code.	5154

(2) On an FTE basis, except as provided in division (A)(2)(h)	5155
of this section, the number of students entitled to attend school	5156
in the district pursuant to section 3313.64 or 3313.65 of the	5157
Revised Code, but receiving educational services in grades	5158
kindergarten through twelve from one or more of the following	5159
entities:	5160

(a) A community school pursuant to Chapter 3314. of the	5161
Revised Code, including any participation in a college pursuant to	5162
Chapter 3365. of the Revised Code while enrolled in such community	5163
school;	5164

(b) An alternative school pursuant to sections 3313.974 to	5165
3313.979 of the Revised Code as described in division (I)(2)(a) or	5166
(b) of this section;	5167

(c) A college pursuant to Chapter 3365. of the Revised Code,	5168
except when the student is enrolled in the college while also	5169
enrolled in a community school pursuant to Chapter 3314. or a	5170
science, technology, engineering, and mathematics school	5171
established under Chapter 3326. of the Revised Code;	5172

(d) An adjacent or other school district under an open	5173
enrollment policy adopted pursuant to section 3313.98 of the	5174
Revised Code;	5175

(e) An educational service center or cooperative education	5176
district;	5177

(f) Another school district under a cooperative education	5178
agreement, compact, or contract;	5179

(g) A chartered nonpublic school with a scholarship paid	5180
under section 3310.08 of the Revised Code;	5181

(h) An alternative public provider or a registered private	5182
provider with a scholarship awarded under section 3310.41 of the	5183
Revised Code. Each such scholarship student who is enrolled in	5184
kindergarten shall be counted as one full-time-equivalent	5185
student.	5186

As used in this section, "alternative public provider" and	5187
"registered private provider" have the same meanings as in section	5188
3310.41 of the Revised Code,.	5189

(i) A science, technology, engineering, and mathematics	5190
school established under Chapter 3326. of the Revised Code,	5191
including any participation in a college pursuant to Chapter 3365.	5192
of the Revised Code while enrolled in the school.	5193

(3) Twenty per cent of the number of students enrolled in a	5194
joint vocational school district or under a vocational education	5195
compact, excluding any students entitled to attend school in the	5196
district under section 3313.64 or 3313.65 of the Revised Code who	5197
are enrolled in another school district through an open enrollment	5198
policy as reported under division (A)(2)(d) of this section and	5199
then enroll in a joint vocational school district or under a	5200
vocational education compact;	5201

(4) The number of children with disabilities, other than	5202
preschool children with disabilities, entitled to attend school	5203
in the district pursuant to section 3313.64 or 3313.65 of the	5204
Revised Code who are placed by the district with a county ~~MR/DD~~	5205
DD board, minus the number of such children placed with a county	5206
~~MR/DD~~DD board in fiscal year 1998. If this calculation produces	5207
a negative number, the number reported under division (A)(4) of	5208
this section shall be zero.	5209

(5) Beginning in fiscal year 2007, in the case of the report	5210
submitted for the first full week in February, or the alternative	5211
week if specified by the superintendent of public instruction, the	5212
number of students reported under division (A)(1) or (2) of this	5213
section for the first full week of the preceding October but who	5214
since that week have received high school diplomas.	5215

(B) To enable the department of education to obtain the data	5216
needed to complete the calculation of payments pursuant to this	5217
chapter, in addition to the formula ADM, each superintendent shall	5218
report separately the following student counts for the same week	5219
for which formula ADM is certified:	5220

(1) The total average daily membership in regular day classes	5221
included in the report under division (A)(1) or (2) of this	5222
section for kindergarten, and each of grades one through twelve in	5223
schools under the superintendent's supervision;	5224

(2) The number of all preschool children with disabilities	5225
enrolled as of the first day of December in classes in the	5226
district that are eligible for approval under division (B) of	5227
section 3317.05 of the Revised Code and the number of those	5228
classes, which shall be reported not later than the fifteenth day	5229
of December, in accordance with rules adopted under that section;	5230

(3) The number of children entitled to attend school in the	5231
district pursuant to section 3313.64 or 3313.65 of the Revised	5232
Code who are:	5233

(a) Participating in a pilot project scholarship program	5234
established under sections 3313.974 to 3313.979 of the Revised	5235
Code as described in division (I)(2)(a) or (b) of this section;	5236

(b) Enrolled in a college under Chapter 3365. of the Revised	5237
Code, except when the student is enrolled in the college while	5238
also enrolled in a community school pursuant to Chapter 3314. or a	5239
science, technology, engineering, and mathematics school	5240
established under Chapter 3326. of the Revised Code;	5241

(c) Enrolled in an adjacent or other school district under	5242
section 3313.98 of the Revised Code;	5243

(d) Enrolled in a community school established under Chapter	5244
3314. of the Revised Code that is not an internet- or	5245
computer-based community school as defined in section 3314.02 of	5246
the Revised Code, including any participation in a college	5247
pursuant to Chapter 3365. of the Revised Code while enrolled in	5248
such community school;	5249

(e) Enrolled in an internet- or computer-based community	5250
school, as defined in section 3314.02 of the Revised Code,	5251
including any participation in a college pursuant to Chapter 3365.	5252
of the Revised Code while enrolled in the school;	5253

(f) Enrolled in a chartered nonpublic school with a	5254
scholarship paid under section 3310.08 of the Revised Code;	5255

(g) Enrolled in kindergarten through grade twelve in an	5256
alternative public provider or a registered private provider with	5257
a scholarship awarded under section 3310.41 of the Revised Code;	5258

(h) Enrolled as a preschool child with a disability in an	5259
alternative public provider or a registered private provider with	5260
a scholarship awarded under section 3310.41 of the Revised Code;	5261

(i) Participating in a program operated by a county ~~MR/DD~~DD	5262
board or a state institution;	5263

(j) Enrolled in a science, technology, engineering, and	5264
mathematics school established under Chapter 3326. of the Revised	5265
Code, including any participation in a college pursuant to Chapter	5266
3365. of the Revised Code while enrolled in the school.	5267

(4) The number of pupils enrolled in joint vocational	5268
schools;	5269

(5) The average daily membership of children with	5270
disabilities reported under division (A)(1) or (2) of this	5271
section receiving special education services for the category one	5272
disability described in division (A) of section 3317.013 of the	5273
Revised Code;	5274

(6) The average daily membership of children with	5275
disabilities reported under division (A)(1) or (2) of this	5276
section receiving special education services for category two	5277
disabilities described in division (B) of section 3317.013 of the	5278
Revised Code;	5279

(7) The average daily membership of children with	5280
disabilities reported under division (A)(1) or (2) of this	5281
section receiving special education services for category three	5282
disabilities described in division (C) of section 3317.013 of the	5283
Revised Code;	5284

(8) The average daily membership of children with	5285
disabilities reported under division (A)(1) or (2) of this	5286
section receiving special education services for category four	5287
disabilities described in division (D) of section 3317.013 of the	5288
Revised Code;	5289

(9) The average daily membership of children with	5290
disabilities reported under division (A)(1) or (2) of this	5291
section receiving special education services for the category	5292
five disabilities described in division (E) of section 3317.013	5293
of the Revised Code;	5294

(10) The combined average daily membership of children with	5295
disabilities reported under division (A)(1) or (2) and under	5296
division (B)(3)(h) of this section receiving special education	5297
services for category six disabilities described in division (F)	5298
of section 3317.013 of the Revised Code, including children	5299
attending a special education program operated by an alternative	5300
public provider or a registered private provider with a	5301
scholarship awarded under section 3310.41 of the Revised Code;	5302

(11) The average daily membership of pupils reported under	5303
division (A)(1) or (2) of this section enrolled in category one	5304
vocational education programs or classes, described in division	5305
(A) of section 3317.014 of the Revised Code, operated by the	5306
school district or by another district, other than a joint	5307
vocational school district, or by an educational service center,	5308
excluding any student reported under division (B)(3)(e) of this	5309
section as enrolled in an internet- or computer-based community	5310
school, notwithstanding division (C) of section 3317.02 of the	5311
Revised Code and division (C)(3) of this section;	5312

(12) The average daily membership of pupils reported under	5313
division (A)(1) or (2) of this section enrolled in category two	5314
vocational education programs or services, described in division	5315
(B) of section 3317.014 of the Revised Code, operated by the	5316
school district or another school district, other than a joint	5317
vocational school district, or by an educational service center,	5318
excluding any student reported under division (B)(3)(e) of this	5319
section as enrolled in an internet- or computer-based community	5320
school, notwithstanding division (C) of section 3317.02 of the	5321
Revised Code and division (C)(3) of this section;	5322

(13) The average number of children transported by the school	5323
district on board-owned or contractor-owned and -operated buses,	5324
reported in accordance with rules adopted by the department of	5325
education;	5326

(14)(a) The number of children, other than preschool children	5327
with disabilities, the district placed with a county ~~MR/DD~~DD	5328
board in fiscal year 1998;	5329

(b) The number of children with disabilities, other than	5330
preschool children with disabilities, placed with a county ~~MR/DD~~	5331
DD board in the current fiscal year to receive special education	5332
services for the category one disability described in division	5333
(A) of section 3317.013 of the Revised Code;	5334

(c) The number of children with disabilities, other than	5335
preschool children with disabilities, placed with a county ~~MR/DD~~	5336
DD board in the current fiscal year to receive special education	5337
services for category two disabilities described in division (B)	5338
of section 3317.013 of the Revised Code;	5339

(d) The number of children with disabilities, other than	5340
preschool children with disabilities, placed with a county ~~MR/DD~~	5341
DD board in the current fiscal year to receive special education	5342
services for category three disabilities described in division	5343
(C) of section 3317.013 of the Revised Code;	5344

(e) The number of children with disabilities, other than	5345
preschool children with disabilities, placed with a county ~~MR/DD~~	5346
DD board in the current fiscal year to receive special education	5347
services for category four disabilities described in division (D)	5348
of section 3317.013 of the Revised Code;	5349

(f) The number of children with disabilities, other than	5350
preschool children with disabilities, placed with a county ~~MR/DD~~	5351
DD board in the current fiscal year to receive special education	5352
services for the category five disabilities described in division	5353
(E) of section 3317.013 of the Revised Code;	5354

(g) The number of children with disabilities, other than	5355
preschool children with disabilities, placed with a county ~~MR/DD~~	5356
DD board in the current fiscal year to receive special education	5357
services for category six disabilities described in division (F)	5358
of section 3317.013 of the Revised Code.	5359

(C)(1) Except as otherwise provided in this section for	5360
kindergarten students, the average daily membership in divisions	5361
(B)(1) to (12) of this section shall be based upon the number of	5362
full-time equivalent students. The state board of education shall	5363
adopt rules defining full-time equivalent students and for	5364
determining the average daily membership therefrom for the	5365
purposes of divisions (A), (B), and (D) of this section.	5366

(2) A student enrolled in a community school established	5367
under Chapter 3314. or a science, technology, engineering, and	5368
mathematics school established under Chapter 3326. of the Revised	5369
Code shall be counted in the formula ADM and, if applicable, the	5370
category one, two, three, four, five, or six special education ADM	5371
of the school district in which the student is entitled to attend	5372
school under section 3313.64 or 3313.65 of the Revised Code for	5373
the same proportion of the school year that the student is counted	5374
in the enrollment of the community school or the science,	5375
technology, engineering, and mathematics school for purposes of	5376
section 3314.08 or 3326.33 of the Revised Code. Notwithstanding	5377
the number of students reported pursuant to division (B)(3)(d),	5378
(e), or (j) of this section, the department may adjust the	5379
formula ADM of a school district to account for students entitled	5380
to attend school in the district under section 3313.64 or 3313.65	5381
of the Revised Code who are enrolled in a community school or a	5382
science, technology, engineering, and mathematics school for only	5383
a portion of the school year.	5384

(3) No child shall be counted as more than a total of one	5385
child in the sum of the average daily memberships of a school	5386
district under division (A), divisions (B)(1) to (12), or division	5387
(D) of this section, except as follows:	5388

(a) A child with a disability described in section 3317.013	5389
of the Revised Code may be counted both in formula ADM and in	5390
category one, two, three, four, five, or six special education	5391
ADM and, if applicable, in category one or two vocational	5392
education ADM. As provided in division (C) of section 3317.02 of	5393
the Revised Code, such a child shall be counted in category one,	5394
two, three, four, five, or six special education ADM in the same	5395
proportion that the child is counted in formula ADM.	5396

(b) A child enrolled in vocational education programs or	5397
classes described in section 3317.014 of the Revised Code may be	5398
counted both in formula ADM and category one or two vocational	5399
education ADM and, if applicable, in category one, two, three,	5400
four, five, or six special education ADM. Such a child shall be	5401
counted in category one or two vocational education ADM in the	5402
same proportion as the percentage of time that the child spends in	5403
the vocational education programs or classes.	5404

(4) Based on the information reported under this section, the	5405
department of education shall determine the total student count,	5406
as defined in section 3301.011 of the Revised Code, for each	5407
school district.	5408

(D)(1) The superintendent of each joint vocational school	5409
district shall certify to the superintendent of public instruction	5410
on or before the fifteenth day of October in each year for the	5411
first full school week in October the formula ADM. Beginning in	5412
fiscal year 2007, each superintendent also shall certify to the	5413
state superintendent the formula ADM for the first full week in	5414
February. If a school operated by the joint vocational school	5415
district is closed for one or more days during that week due to	5416
hazardous weather conditions or other circumstances described in	5417
the first paragraph of division (B) of section 3317.01 of the	5418
Revised Code, the superintendent may apply to the superintendent	5419
of public instruction for a waiver, under which the superintendent	5420
of public instruction may exempt the district superintendent from	5421
certifying the formula ADM for that school for that week and	5422
specify an alternate week for certifying the formula ADM of that	5423
school.	5424

The formula ADM, except as otherwise provided in this	5425
division, shall consist of the average daily membership during	5426
such week, on an FTE basis, of the number of students receiving	5427
any educational services from the district, including students	5428
enrolled in a community school established under Chapter 3314. or	5429
a science, technology, engineering, and mathematics school	5430
established under Chapter 3326. of the Revised Code who are	5431
attending the joint vocational district under an agreement	5432
between the district board of education and the governing	5433
authority of the community school or the science, technology,	5434
engineering, and mathematics school and are entitled to attend	5435
school in a city, local, or exempted village school district whose	5436
territory is part of the territory of the joint vocational	5437
district. Beginning in fiscal year 2007, in the case of the	5438
report submitted for the first week in February, or the	5439
alternative week if specified by the superintendent of public	5440
instruction, the superintendent of the joint vocational school	5441
district may include the number of students reported under	5442
division (D)(1) of this section for the first full week of the	5443
preceding October but who since that week have received high	5444
school diplomas.	5445

The following categories of students shall not be included in	5446
the determination made under division (D)(1) of this section:	5447

(a) Students enrolled in adult education classes;

5448

(b) Adjacent or other district joint vocational students	5449
enrolled in the district under an open enrollment policy pursuant	5450
to section 3313.98 of the Revised Code;	5451

(c) Students receiving services in the district pursuant to a	5452
compact, cooperative education agreement, or a contract, but who	5453
are entitled to attend school in a city, local, or exempted	5454
village school district whose territory is not part of the	5455
territory of the joint vocational district;	5456

(d) Students for whom tuition is payable pursuant to sections	5457
3317.081 and 3323.141 of the Revised Code.	5458

(2) To enable the department of education to obtain the data	5459
needed to complete the calculation of payments pursuant to this	5460
chapter, in addition to the formula ADM, each superintendent shall	5461
report separately the average daily membership included in the	5462
report under division (D)(1) of this section for each of the	5463
following categories of students for the same week for which	5464
formula ADM is certified:	5465

(a) Students enrolled in each grade included in the joint	5466
vocational district schools;	5467

(b) Children with disabilities receiving special education	5468
services for the category one disability described in division	5469
(A) of section 3317.013 of the Revised Code;	5470

(c) Children with disabilities receiving special education	5471
services for the category two disabilities described in division	5472
(B) of section 3317.013 of the Revised Code;	5473

(d) Children with disabilities receiving special education	5474
services for category three disabilities described in division (C)	5475
of section 3317.013 of the Revised Code;	5476

(e) Children with disabilities receiving special education	5477
services for category four disabilities described in division (D)	5478
of section 3317.013 of the Revised Code;	5479

(f) Children with disabilities receiving special education	5480
services for the category five disabilities described in division	5481
(E) of section 3317.013 of the Revised Code;	5482

(g) Children with disabilities receiving special education	5483
services for category six disabilities described in division (F)	5484
of section 3317.013 of the Revised Code;	5485

(h) Students receiving category one vocational education	5486
services, described in division (A) of section 3317.014 of the	5487
Revised Code;	5488

(i) Students receiving category two vocational education	5489
services, described in division (B) of section 3317.014 of the	5490
Revised Code.	5491

The superintendent of each joint vocational school district	5492
shall also indicate the city, local, or exempted village school	5493
district in which each joint vocational district pupil is entitled	5494
to attend school pursuant to section 3313.64 or 3313.65 of the	5495
Revised Code.	5496

(E) In each school of each city, local, exempted village,	5497
joint vocational, and cooperative education school district there	5498
shall be maintained a record of school membership, which record	5499
shall accurately show, for each day the school is in session, the	5500
actual membership enrolled in regular day classes. For the purpose	5501
of determining average daily membership, the membership figure of	5502
any school shall not include any pupils except those pupils	5503
described by division (A) of this section. The record of	5504
membership for each school shall be maintained in such manner that	5505
no pupil shall be counted as in membership prior to the actual	5506
date of entry in the school and also in such manner that where for	5507
any cause a pupil permanently withdraws from the school that pupil	5508
shall not be counted as in membership from and after the date of	5509
such withdrawal. There shall not be included in the membership of	5510
any school any of the following:	5511

(1) Any pupil who has graduated from the twelfth grade of a	5512
public or nonpublic high school;	5513

(2) Any pupil who is not a resident of the state;

5514

(3) Any pupil who was enrolled in the schools of the district	5515
during the previous school year when tests were administered under	5516
section 3301.0711 of the Revised Code but did not take one or more	5517
of the tests required by that section and was not excused pursuant	5518
to division (C)(1) or (3) of that section;	5519

(4) Any pupil who has attained the age of twenty-two years,	5520
except for veterans of the armed services whose attendance was	5521
interrupted before completing the recognized twelve-year course of	5522
the public schools by reason of induction or enlistment in the	5523
armed forces and who apply for reenrollment in the public school	5524
system of their residence not later than four years after	5525
termination of war or their honorable discharge.	5526

If, however, any veteran described by division (E)(4) of this	5527
section elects to enroll in special courses organized for veterans	5528
for whom tuition is paid under the provisions of federal laws, or	5529
otherwise, that veteran shall not be included in average daily	5530
membership.	5531

Notwithstanding division (E)(3) of this section, the	5532
membership of any school may include a pupil who did not take a	5533
test required by section 3301.0711 of the Revised Code if the	5534
superintendent of public instruction grants a waiver from the	5535
requirement to take the test to the specific pupil and a parent is	5536
not paying tuition for the pupil pursuant to section 3313.6410 of	5537
the Revised Code. The superintendent may grant such a waiver only	5538
for good cause in accordance with rules adopted by the state board	5539
of education.	5540

Except as provided in divisions (B)(2) and (F) of this	5541
section, the average daily membership figure of any local, city,	5542
exempted village, or joint vocational school district shall be	5543
determined by dividing the figure representing the sum of the	5544
number of pupils enrolled during each day the school of attendance	5545
is actually open for instruction during the week for which the	5546
formula ADM is being certified by the total number of days the	5547
school was actually open for instruction during that week. For	5548
purposes of state funding, "enrolled" persons are only those	5549
pupils who are attending school, those who have attended school	5550
during the current school year and are absent for authorized	5551
reasons, and those children with disabilities currently receiving	5552
home instruction.	5553

The average daily membership figure of any cooperative	5554
education school district shall be determined in accordance with	5555
rules adopted by the state board of education.	5556

(F)(1) If the formula ADM for the first full school week in	5557
February is at least three per cent greater than that certified	5558
for the first full school week in the preceding October, the	5559
superintendent of schools of any city, exempted village, or joint	5560
vocational school district or educational service center shall	5561
certify such increase to the superintendent of public instruction.	5562
Such certification shall be submitted no later than the fifteenth	5563
day of February. For the balance of the fiscal year, beginning	5564
with the February payments, the superintendent of public	5565
instruction shall use the increased formula ADM in calculating or	5566
recalculating the amounts to be allocated in accordance with	5567
section 3317.022 or 3317.16 of the Revised Code. In no event shall	5568
the superintendent use an increased membership certified to the	5569
superintendent after the fifteenth day of February. Division	5570
(F)(1) of this section does not apply after fiscal year 2006.	5571

(2) If on the first school day of April the total number of	5572
classes or units for preschool children with disabilities that	5573
are eligible for approval under division (B) of section 3317.05	5574
of the Revised Code exceeds the number of units that have been	5575
approved for the year under that division, the superintendent of	5576
schools of any city, exempted village, or cooperative education	5577
school district or educational service center shall make the	5578
certifications required by this section for that day. If the	5579
department determines additional units can be approved for the	5580
fiscal year within any limitations set forth in the acts	5581
appropriating moneys for the funding of such units, the	5582
department shall approve additional units for the fiscal year on	5583
the basis of such average daily membership. For each unit so	5584
approved, the department shall pay an amount computed in the	5585
manner prescribed in section 3317.052 or 3317.19 and section	5586
3317.053 of the Revised Code.	5587

(3) If a student attending a community school under Chapter	5588
3314. or a science, technology, engineering, and mathematics	5589
school established under Chapter 3326. of the Revised Code is not	5590
included in the formula ADM certified for the school district in	5591
which the student is entitled to attend school under section	5592
3313.64 or 3313.65 of the Revised Code, the department of	5593
education shall adjust the formula ADM of that school district to	5594
include the student in accordance with division (C)(2) of this	5595
section, and shall recalculate the school district's payments	5596
under this chapter for the entire fiscal year on the basis of	5597
that adjusted formula ADM. This requirement applies regardless of	5598
whether the student was enrolled, as defined in division (E) of	5599
this section, in the community school or the science,	5600
technology, engineering, and mathematics school during the week	5601
for which the formula ADM is being certified.	5602

(4) If a student awarded an educational choice scholarship is	5603
not included in the formula ADM of the school district from which	5604
the department deducts funds for the scholarship under section	5605
3310.08 of the Revised Code, the department shall adjust the	5606
formula ADM of that school district to include the student to the	5607
extent necessary to account for the deduction, and shall	5608
recalculate the school district's payments under this chapter for	5609
the entire fiscal year on the basis of that adjusted formula ADM.	5610
This requirement applies regardless of whether the student was	5611
enrolled, as defined in division (E) of this section, in the	5612
chartered nonpublic school, the school district, or a community	5613
school during the week for which the formula ADM is being	5614
certified.	5615

(G)(1)(a) The superintendent of an institution operating a	5616
special education program pursuant to section 3323.091 of the	5617
Revised Code shall, for the programs under such superintendent's	5618
supervision, certify to the state board of education, in the	5619
manner prescribed by the superintendent of public instruction,	5620
both of the following:	5621

(i) The average daily membership of all children with	5622
disabilities other than preschool children with disabilities	5623
receiving services at the institution for each category of	5624
disability described in divisions (A) to (F) of section 3317.013	5625
of the Revised Code;	5626

(ii) The average daily membership of all preschool children	5627
with disabilities in classes or programs approved annually by the	5628
department of education for unit funding under section 3317.05 of	5629
the Revised Code.	5630

(b) The superintendent of an institution with vocational	5631
education units approved under division (A) of section 3317.05 of	5632
the Revised Code shall, for the units under the superintendent's	5633
supervision, certify to the state board of education the average	5634
daily membership in those units, in the manner prescribed by the	5635
superintendent of public instruction.	5636

(2) The superintendent of each county ~~MR/DD~~DD board that	5637
maintains special education classes under section 3317.20 of the	5638
Revised Code or units approved pursuant to section 3317.05 of the	5639
Revised Code shall do both of the following:	5640

(a) Certify to the state board, in the manner prescribed by	5641
the board, the average daily membership in classes under section	5642
3317.20 of the Revised Code for each school district that has	5643
placed children in the classes;	5644

(b) Certify to the state board, in the manner prescribed by	5645
the board, the number of all preschool children with disabilities	5646
enrolled as of the first day of December in classes eligible for	5647
approval under division (B) of section 3317.05 of the Revised	5648
Code, and the number of those classes.	5649

(3)(a) If on the first school day of April the number of	5650
classes or units maintained for preschool children with	5651
disabilities by the county ~~MR/DD~~DD board that are eligible for	5652
approval under division (B) of section 3317.05 of the Revised Code	5653
is greater than the number of units approved for the year under	5654
that division, the superintendent shall make the certification	5655
required by this section for that day.	5656

(b) If the department determines that additional classes or	5657
units can be approved for the fiscal year within any limitations	5658
set forth in the acts appropriating moneys for the funding of the	5659
classes and units described in division (G)(3)(a) of this section,	5660
the department shall approve and fund additional units for the	5661
fiscal year on the basis of such average daily membership. For	5662
each unit so approved, the department shall pay an amount computed	5663
in the manner prescribed in sections 3317.052 and 3317.053 of the	5664
Revised Code.	5665

(H) Except as provided in division (I) of this section, when	5666
any city, local, or exempted village school district provides	5667
instruction for a nonresident pupil whose attendance is	5668
unauthorized attendance as defined in section 3327.06 of the	5669
Revised Code, that pupil's membership shall not be included in	5670
that district's membership figure used in the calculation of that	5671
district's formula ADM or included in the determination of any	5672
unit approved for the district under section 3317.05 of the	5673
Revised Code. The reporting official shall report separately the	5674
average daily membership of all pupils whose attendance in the	5675
district is unauthorized attendance, and the membership of each	5676
such pupil shall be credited to the school district in which the	5677
pupil is entitled to attend school under division (B) of section	5678
3313.64 or section 3313.65 of the Revised Code as determined by	5679
the department of education.	5680

(I)(1) A city, local, exempted village, or joint vocational	5681
school district admitting a scholarship student of a pilot project	5682
district pursuant to division (C) of section 3313.976 of the	5683
Revised Code may count such student in its average daily	5684
membership.	5685

(2) In any year for which funds are appropriated for pilot	5686
project scholarship programs, a school district implementing a	5687
state-sponsored pilot project scholarship program that year	5688
pursuant to sections 3313.974 to 3313.979 of the Revised Code may	5689
count in average daily membership:	5690

(a) All children residing in the district and utilizing a	5691
scholarship to attend kindergarten in any alternative school, as	5692
defined in section 3313.974 of the Revised Code;	5693

(b) All children who were enrolled in the district in the	5694
preceding year who are utilizing a scholarship to attend any such	5695
alternative school.	5696

(J) The superintendent of each cooperative education school	5697
district shall certify to the superintendent of public	5698
instruction, in a manner prescribed by the state board of	5699
education, the applicable average daily memberships for all	5700
students in the cooperative education district, also indicating	5701
the city, local, or exempted village district where each pupil is	5702
entitled to attend school under section 3313.64 or 3313.65 of the	5703
Revised Code.	5704

(K) If the superintendent of public instruction determines	5705
that a component of the formula ADM certified or reported by a	5706
district superintendent, or other reporting entity, is not	5707
correct, the superintendent of public instruction may order that	5708
the formula ADM used for the purposes of payments under any	5709
section of Title XXXIII of the Revised Code be adjusted in the	5710
amount of the error.	5711

Sec. 3317.032. (A) Each city, local, exempted village, and	5712
cooperative education school district, each educational service	5713
center, each county ~~MR/DD~~DD board, and each institution operating	5714
a special education program pursuant to section 3323.091 of the	5715
Revised Code shall, in accordance with procedures adopted by the	5716
state board of education, maintain a record of district membership	5717
of both of the following:	5718

(1) All preschool children with disabilities in units	5719
approved under division (B) of section 3317.05 of the Revised	5720
Code;	5721

(2) All preschool children with disabilities who are not in	5722
units approved under division (B) of section 3317.05 of the	5723
Revised Code but who are otherwise served by a special education	5724
program.	5725

(B) The superintendent of each district, board, or	5726
institution subject to division (A) of this section shall certify	5727
to the state board of education, in accordance with procedures	5728
adopted by that board, membership figures of all preschool	5729
children with disabilities whose membership is maintained under	5730
division (A)(2) of this section. The figures certified under this	5731
division shall be used in the determination of the ADM used to	5732
compute funds for educational service center governing boards	5733
under section 3317.11 of the Revised Code.	5734

Sec. 3317.05. (A) For the purpose of calculating payments	5735
under sections 3317.052 and 3317.053 of the Revised Code, the	5736
department of education shall determine for each institution, by	5737
the last day of January of each year and based on information	5738
certified under section 3317.03 of the Revised Code, the number of	5739
vocational education units or fractions of units approved by the	5740
department on the basis of standards and rules adopted by the	5741
state board of education. As used in this division, "institution"	5742
means an institution operated by a department specified in section	5743
3323.091 of the Revised Code and that provides vocational	5744
education programs under the supervision of the division of	5745
vocational education of the department that meet the standards	5746
and rules for these programs, including licensure of professional	5747
staff involved in the programs, as established by the state	5748
board.	5749

(B) For the purpose of calculating payments under sections	5750
3317.052, 3317.053, 3317.11, and 3317.19 of the Revised Code, the	5751
department shall determine, based on information certified under	5752
section 3317.03 of the Revised Code, the following by the last day	5753
of January of each year for each educational service center, for	5754
each school district, including each cooperative education school	5755
district, for each institution eligible for payment under section	5756
3323.091 of the Revised Code, and for each county ~~MR/DD~~DD board:	5757
the number of classes operated by the school district, service	5758
center, institution, or county ~~MR/DD~~DD board for preschool	5759
children with disabilities, or fraction thereof, including in the	5760
case of a district or service center that is a funding agent,	5761
classes taught by a licensed teacher employed by that district or	5762
service center under section 3313.841 of the Revised Code,	5763
approved annually by the department on the basis of standards and	5764
rules adopted by the state board.	5765

(C) For the purpose of calculating payments under sections	5766
3317.052, 3317.053, 3317.11, and 3317.19 of the Revised Code, the	5767
department shall determine, based on information certified under	5768
section 3317.03 of the Revised Code, the following by the last day	5769
of January of each year for each school district, including each	5770
cooperative education school district, for each institution	5771
eligible for payment under section 3323.091 of the Revised Code,	5772
and for each county ~~MR/DD~~DD board: the number of units for	5773
related services, as defined in section 3323.01 of the Revised	5774
Code, for preschool children with disabilities approved annually	5775
by the department on the basis of standards and rules adopted by	5776
the state board.	5777

(D) All of the arithmetical calculations made under this	5778
section shall be carried to the second decimal place. The total	5779
number of units for school districts, service centers, and	5780
institutions approved annually under this section shall not exceed	5781
the number of units included in the estimate of cost for these	5782
units and appropriations made for them by the general assembly.	5783

In the case of units for preschool children with	5784
disabilities described in division (B) of this section, the	5785
department shall approve only preschool units for children who	5786
are under age six on the thirtieth day of September of the	5787
academic year, or on the first day of August of the academic year	5788
if the school district in which the child is enrolled has adopted	5789
a resolution under division (A)(3) of section 3321.01 of the	5790
Revised Code, but not less than age three on the first day of	5791
December of the academic year, except that such a unit may	5792
include one or more children who are under age three or are age	5793
six or over on the applicable date, as reported under division	5794
(B)(2) or (G)(2)(b) of section 3317.03 of the Revised Code, if	5795
such children have been admitted to the unit pursuant to rules of	5796
the state board. The number of units for county ~~MR/DD~~DD boards	5797
and institutions eligible for payment under section 3323.091 of	5798
the Revised Code approved under this section shall not exceed	5799
the number that can be funded with appropriations made for such	5800
purposes by the general assembly.	5801

No unit shall be approved under divisions (B) and (C) of this	5802
section unless a plan has been submitted and approved under	5803
Chapter 3323. of the Revised Code.	5804

(E) The department shall approve units or fractions thereof	5805
for gifted children on the basis of standards and rules adopted by	5806
the state board.	5807

Sec. 3317.051. (A)(1) Notwithstanding sections 3317.05 and	5808
3317.11 of the Revised Code, a unit funded pursuant to division	5809
(L) of section 3317.024 or division (A)(2) of section 3317.052 of	5810
the Revised Code shall not be approved for state funding in one	5811
school district, including any cooperative education school	5812
district or any educational service center, to the extent that	5813
such unit provides programs in or services to another district	5814
which receives payment pursuant to section 3317.04 of the Revised	5815
Code.	5816

(2) Any city, local, exempted village, or cooperative	5817
education school district or any educational service center may	5818
combine partial unit eligibility for programs for preschool	5819
children with disabilities pursuant to section 3317.05 of the	5820
Revised Code, and such combined partial units may be approved for	5821
state funding in one school district or service center.	5822

(B) After units have been initially approved for any fiscal	5823
year under section 3317.05 of the Revised Code, no unit shall be	5824
subsequently transferred from a school district or educational	5825
service center to another city, exempted village, local, or	5826
cooperative education school district or educational service	5827
center or to an institution or county ~~MR/DD~~DD board solely for	5828
the purpose of reducing the financial obligations of the school	5829
district in a fiscal year it receives payment pursuant to section	5830
3317.04 of the Revised Code.	5831

Sec. 3317.052. As used in this section, "institution" means	5832
an institution operated by a department specified in division (A)	5833
of section 3323.091 of the Revised Code.	5834

(A)(1) The department of education shall pay each school	5835
district, educational service center, institution eligible for	5836
payment under section 3323.091 of the Revised Code, or county	5837
~~MR/DD~~DD board an amount for the total of all classroom units for	5838
preschool children with disabilities approved under division (B)	5839
of section 3317.05 of the Revised Code. For each unit, the amount	5840
shall be the sum of the minimum salary for the teacher of the	5841
unit, calculated on the basis of the teacher's training level and	5842
years of experience pursuant to the salary schedule prescribed in	5843
the version of section 3317.13 of the Revised Code in effect prior	5844
to July 1, 2001, plus fifteen per cent of that minimum salary	5845
amount, and eight thousand twenty-three dollars.	5846

(2) The department shall pay each school district,	5847
educational service center, institution eligible for payment under	5848
section 3323.091 of the Revised Code, or county ~~MR/DD~~DD board an	5849
amount for the total of all related services units for preschool	5850
children with disabilities approved under division (C) of section	5851
3317.05 of the Revised Code. For each such unit, the amount shall	5852
be the sum of the minimum salary for the teacher of the unit	5853
calculated on the basis of the teacher's training level and years	5854
of experience pursuant to the salary schedule prescribed in the	5855
version of section 3317.13 of the Revised Code in effect prior to	5856
July 1, 2001, fifteen per cent of that minimum salary amount, and	5857
two thousand one hundred thirty-two dollars.	5858

(B) If a school district, educational service center, or	5859
county ~~MR/DD~~DD board has had additional units for preschool	5860
children with disabilities approved for the year under division	5861
(F)(2) or (G)(3) of section 3317.03 of the Revised Code, the	5862
district, educational service center, or board shall receive an	5863
additional amount during the last half of the fiscal year. For	5864
each district, center, or board, the additional amount for each	5865
unit shall equal fifty per cent of the amounts computed for the	5866
unit in the manner prescribed by division (A) of this section	5867
and division (C) of section 3317.053 of the Revised Code.	5868

(C) The department shall pay each institution approved for	5869
vocational education units under division (A) of section 3317.05	5870
of the Revised Code an amount for the total of all the units	5871
approved under that division. The amount for each unit shall be	5872
the sum of the minimum salary for the teacher of the unit,	5873
calculated on the basis of the teacher's training level and years	5874
of experience pursuant to the salary schedule prescribed in the	5875
version of section 3317.13 of the Revised Code in effect prior to	5876
July 1, 2001, plus fifteen per cent of that minimum salary amount,	5877
and nine thousand five hundred ten dollars. Each institution that	5878
receives units funds under this division annually shall report to	5879
the department on the delivery of services and the performance of	5880
students and any other information required by the department to	5881
evaluate the institution's vocational education program.	5882

Sec. 3317.07. The state board of education shall establish	5883
rules for the purpose of distributing subsidies for the purchase	5884
of school buses under division (D) of section 3317.024 of the	5885
Revised Code.	5886

No school bus subsidy payments shall be paid to any district	5887
unless such district can demonstrate that pupils residing more	5888
than one mile from the school could not be transported without	5889
such additional aid.	5890

The amount paid to a county ~~MR/DD~~DD board for buses	5891
purchased for transportation of children in special education	5892
programs operated by the board shall be based on a per pupil	5893
allocation for eligible students.	5894

The amount paid to a school district for buses purchased for	5895
transportation of pupils with disabilities and nonpublic school	5896
pupils shall be determined by a per pupil allocation based on the	5897
number of special education and nonpublic school pupils for whom	5898
transportation is provided.	5899

The state board of education shall adopt a formula to	5900
determine the amount of payments that shall be distributed to	5901
school districts to purchase school buses for pupils other than	5902
pupils with disabilities or nonpublic school pupils.	5903

If any district or ~~MR/DD~~county DD board obtains bus services	5904
for pupil transportation pursuant to a contract, such district or	5905
board may use payments received under this section to defray the	5906
costs of contracting for bus services in lieu of for purchasing	5907
buses.	5908

If the department of education determines that a county ~~MR/DD~~	5909
DD board no longer needs a school bus because the board no longer	5910
transports children to a special education program operated by the	5911
board, or if the department determines that a school district no	5912
longer needs a school bus to transport pupils to a nonpublic	5913
school or special education program, the department may reassign a	5914
bus that was funded with payments provided pursuant to this	5915
section for the purpose of transporting such pupils. The	5916
department may reassign a bus to a county ~~MR/DD~~DD board or school	5917
district that transports children to a special education program	5918
designated in the children's individualized education plans, or to	5919
a school district that transports pupils to a nonpublic school,	5920
and needs an additional school bus.	5921

Sec. 3317.15. (A) As used in this section, "child with a	5922
disability" has the same meaning as in section 3323.01 of the	5923
Revised Code.	5924

(B) Each city, exempted village, local, and joint vocational	5925
school district shall continue to comply with all requirements of	5926
federal statutes and regulations, the Revised Code, and rules	5927
adopted by the state board of education governing education of	5928
children with disabilities, including, but not limited to,	5929
requirements that children with disabilities be served by	5930
appropriately licensed or certificated education personnel.	5931

(C) Each city, exempted village, local, and joint vocational	5932
school district shall consult with the educational service center	5933
serving the county in which the school district is located and, if	5934
it elects to participate pursuant to section 5126.04 of the	5935
Revised Code, the county ~~MR/DD~~DD board of that county, in	5936
providing services that serve the best interests of children	5937
with disabilities.	5938

(D) Each school district shall annually provide documentation	5939
to the department of education that it employs the appropriate	5940
number of licensed or certificated personnel to serve the	5941
district's students with disabilities.	5942

(E) The department annually shall audit a sample of school	5943
districts to ensure that children with disabilities are being	5944
appropriately reported.	5945

(F) Each school district shall provide speech-language	5946
pathology services at a ratio of one speech-language pathologist	5947
per two thousand students receiving any educational services from	5948
the district other than adult education. Each district shall	5949
provide school psychological services at a ratio of one school	5950
psychologist per two thousand five hundred students receiving any	5951
educational services from the district other than adult education.	5952
A district may obtain the services of speech-language pathologists	5953
and school psychologists by any means permitted by law, including	5954
contracting with an educational service center. If, however, a	5955
district is unable to obtain the services of the required number	5956
of speech-language pathologists or school psychologists, the	5957
district may request from the superintendent of public	5958
instruction, and the superintendent may grant, a waiver of this	5959
provision for a period of time established by the superintendent.	5960

Sec. 3317.20. This section does not apply to preschool	5961
children with disabilities.	5962

(A) As used in this section:

5963

(1) "Applicable weight" means the multiple specified in	5964
section 3317.013 of the Revised Code for a disability described in	5965
that section.	5966

(2) "Child's school district" means the school district in	5967
which a child is entitled to attend school pursuant to section	5968
3313.64 or 3313.65 of the Revised Code.	5969

(3) "State share percentage" means the state share percentage	5970
of the child's school district as defined in section 3317.022 of	5971
the Revised Code.	5972

(B) Except as provided in division (C) of this section, the	5973
department shall annually pay each county ~~MR/DD~~DD board for each	5974
child with a disability, other than a preschool child with a	5975
disability, for whom the county ~~MR/DD~~DD board provides special	5976
education and related services an amount equal to the formula	5977
amount + (state share percentage X formula amount X the	5978
applicable weight).	5979

(C) If any school district places with a county ~~MR/DD~~DD	5980
board more children with disabilities than it had placed with a	5981
county ~~MR/DD~~DD board in fiscal year 1998, the department shall	5982
not make a payment under division (B) of this section for the	5983
number of children exceeding the number placed in fiscal year	5984
1998. The department instead shall deduct from the district's	5985
payments under this chapter, and pay to the county ~~MR/DD~~DD board,	5986
an amount calculated in accordance with the formula prescribed in	5987
division (B) of this section for each child over the number of	5988
children placed in fiscal year 1998.	5989

(D) The department shall calculate for each county ~~MR/DD~~DD	5990
board receiving payments under divisions (B) and (C) of this	5991
section the following amounts:	5992

(1) The amount received by the county ~~MR/DD~~DD board for	5993
approved special education and related services units, other than	5994
units for preschool children with disabilities, in fiscal year	5995
1998, divided by the total number of children served in the units	5996
that year;	5997

(2) The product of the quotient calculated under division	5998
(D)(1) of this section times the number of children for whom	5999
payments are made under divisions (B) and (C) of this section.	6000

If the amount calculated under division (D)(2) of this	6001
section is greater than the total amount calculated under	6002
divisions (B) and (C) of this section, the department shall pay	6003
the county ~~MR/DD~~DD board one hundred per cent of the difference	6004
in addition to the payments under divisions (B) and (C) of this	6005
section.	6006

(E) Each county ~~MR/DD~~DD board shall report to the	6007
department, in the manner specified by the department, the name	6008
of each child for whom the county ~~MR/DD~~DD board provides special	6009
education and related services and the child's school district.	6010

(F)(1) For the purpose of verifying the accuracy of the	6011
payments under this section, the department may request from	6012
either of the following entities the data verification code	6013
assigned under division (D)(2) of section 3301.0714 of the Revised	6014
Code to any child who is placed with a county ~~MR/DD~~DD board:	6015

(a) The child's school district;

6016

(b) The independent contractor engaged to create and maintain	6017
data verification codes.	6018

(2) Upon a request by the department under division (F)(1) of	6019
this section for the data verification code of a child, the	6020
child's school district shall submit that code to the department	6021
in the manner specified by the department. If the child has not	6022
been assigned a code, the district shall assign a code to that	6023
child and submit the code to the department by a date specified by	6024
the department. If the district does not assign a code to the	6025
child by the specified date, the department shall assign a code to	6026
the child.	6027

The department annually shall submit to each school district	6028
the name and data verification code of each child residing in the	6029
district for whom the department has assigned a code under this	6030
division.	6031

(3) The department shall not release any data verification	6032
code that it receives under division (F) of this section to any	6033
person except as provided by law.	6034

(G) Any document relative to special education and related	6035
services provided by a county ~~MR/DD~~DD board that the department	6036
holds in its files that contains both a student's name or other	6037
personally identifiable information and the student's data	6038
verification code shall not be a public record under section	6039
149.43 of the Revised Code.	6040

Sec. 3319.22. (A)(1) The state board of education shall	6041
adopt rules establishing the standards and requirements for	6042
obtaining temporary, associate, provisional, and professional	6043
educator licenses of any categories, types, and levels the board	6044
elects to provide. However, no educator license shall be required	6045
for teaching children two years old or younger.	6046

(2) If the state board requires any examinations for educator	6047
licensure, the department of education shall provide the results	6048
of such examinations received by the department to the Ohio board	6049
of regents, in the manner and to the extent permitted by state and	6050
federal law.	6051

(B) Any rules the state board of education adopts, amends, or	6052
rescinds for educator licenses under this section, division (D) of	6053
section 3301.07 of the Revised Code, or any other law shall be	6054
adopted, amended, or rescinded under Chapter 119. of the Revised	6055
Code except as follows:	6056

(1) Notwithstanding division (D) of section 119.03 and	6057
division (A)(1) of section 119.04 of the Revised Code, in the case	6058
of the adoption of any rule or the amendment or rescission of any	6059
rule that necessitates institutions' offering teacher preparation	6060
programs that are approved by the state board of education under	6061
section 3319.23 of the Revised Code to revise the curriculum of	6062
those programs, the effective date shall not be as prescribed in	6063
division (D) of section 119.03 and division (A)(1) of section	6064
119.04 of the Revised Code. Instead, the effective date of such	6065
rules, or the amendment or rescission of such rules, shall be the	6066
date prescribed by section 3319.23 of the Revised Code.	6067

(2) Notwithstanding the authority to adopt, amend, or rescind	6068
emergency rules in division (F) of section 119.03 of the Revised	6069
Code, this authority shall not apply to the state board of	6070
education with regard to rules for educator licenses.	6071

(C)(1) The rules adopted under this section establishing	6072
standards requiring additional coursework for the renewal of any	6073
educator license shall require a school district and a chartered	6074
nonpublic school to establish local professional development	6075
committees. In a nonpublic school, the chief administrative	6076
officer shall establish the committees in any manner acceptable to	6077
such officer. The committees established under this division shall	6078
determine whether coursework that a district or chartered	6079
nonpublic school teacher proposes to complete meets the	6080
requirement of the rules. The department of education shall	6081
provide technical assistance and support to committees as the	6082
committees incorporate the professional development standards	6083
adopted by the state board of education pursuant to section	6084
3319.61 of the Revised Code into their review of coursework that	6085
is appropriate for license renewal. The rules shall establish a	6086
procedure by which a teacher may appeal the decision of a local	6087
professional development committee.	6088

(2) In any school district in which there is no exclusive	6089
representative established under Chapter 4117. of the Revised	6090
Code, the professional development committees shall be established	6091
as described in division (C)(2) of this section.	6092

Not later than the effective date of the rules adopted under	6093
this section, the board of education of each school district shall	6094
establish the structure for one or more local professional	6095
development committees to be operated by such school district. The	6096
committee structure so established by a district board shall	6097
remain in effect unless within thirty days prior to an anniversary	6098
of the date upon which the current committee structure was	6099
established, the board provides notice to all affected district	6100
employees that the committee structure is to be modified.	6101
Professional development committees may have a district-level or	6102
building-level scope of operations, and may be established with	6103
regard to particular grade or age levels for which an educator	6104
license is designated.	6105

Each professional development committee shall consist of at	6106
least three classroom teachers employed by the district, one	6107
principal employed by the district, and one other employee of the	6108
district appointed by the district superintendent. For committees	6109
with a building-level scope, the teacher and principal members	6110
shall be assigned to that building, and the teacher members shall	6111
be elected by majority vote of the classroom teachers assigned to	6112
that building. For committees with a district-level scope, the	6113
teacher members shall be elected by majority vote of the classroom	6114
teachers of the district, and the principal member shall be	6115
elected by a majority vote of the principals of the district,	6116
unless there are two or fewer principals employed by the district,	6117
in which case the one or two principals employed shall serve on	6118
the committee. If a committee has a particular grade or age level	6119
scope, the teacher members shall be licensed to teach such grade	6120
or age levels, and shall be elected by majority vote of the	6121
classroom teachers holding such a license and the principal shall	6122
be elected by all principals serving in buildings where any such	6123
teachers serve. The district superintendent shall appoint a	6124
replacement to fill any vacancy that occurs on a professional	6125
development committee, except in the case of vacancies among the	6126
elected classroom teacher members, which shall be filled by vote	6127
of the remaining members of the committee so selected.	6128

Terms of office on professional development committees shall	6129
be prescribed by the district board establishing the committees.	6130
The conduct of elections for members of professional development	6131
committees shall be prescribed by the district board establishing	6132
the committees. A professional development committee may include	6133
additional members, except that the majority of members on each	6134
such committee shall be classroom teachers employed by the	6135
district. Any member appointed to fill a vacancy occurring prior	6136
to the expiration date of the term for which a predecessor was	6137
appointed shall hold office as a member for the remainder of that	6138
term.	6139

The initial meeting of any professional development	6140
committee, upon election and appointment of all committee members,	6141
shall be called by a member designated by the district	6142
superintendent. At this initial meeting, the committee shall	6143
select a chairperson and such other officers the committee deems	6144
necessary, and shall adopt rules for the conduct of its meetings.	6145
Thereafter, the committee shall meet at the call of the	6146
chairperson or upon the filing of a petition with the district	6147
superintendent signed by a majority of the committee members	6148
calling for the committee to meet.	6149

(3) In the case of a school district in which an exclusive	6150
representative has been established pursuant to Chapter 4117. of	6151
the Revised Code, professional development committees shall be	6152
established in accordance with any collective bargaining agreement	6153
in effect in the district that includes provisions for such	6154
committees.	6155

If the collective bargaining agreement does not specify a	6156
different method for the selection of teacher members of the	6157
committees, the exclusive representative of the district's	6158
teachers shall select the teacher members.	6159

If the collective bargaining agreement does not specify a	6160
different structure for the committees, the board of education of	6161
the school district shall establish the structure, including the	6162
number of committees and the number of teacher and administrative	6163
members on each committee; the specific administrative members to	6164
be part of each committee; whether the scope of the committees	6165
will be district levels, building levels, or by type of grade or	6166
age levels for which educator licenses are designated; the lengths	6167
of terms for members; the manner of filling vacancies on the	6168
committees; and the frequency and time and place of meetings.	6169
However, in all cases, except as provided in division (C)(4) of	6170
this section, there shall be a majority of teacher members of any	6171
professional development committee, there shall be at least five	6172
total members of any professional development committee, and the	6173
exclusive representative shall designate replacement members in	6174
the case of vacancies among teacher members, unless the collective	6175
bargaining agreement specifies a different method of selecting	6176
such replacements.	6177

(4) Whenever an administrator's coursework plan is being	6178
discussed or voted upon, the local professional development	6179
committee shall, at the request of one of its administrative	6180
members, cause a majority of the committee to consist of	6181
administrative members by reducing the number of teacher members	6182
voting on the plan.	6183

(D)(1) The department of education, educational service	6184
centers, county boards of ~~mental retardation and~~ developmental	6185
disabilities, regional professional development centers, special	6186
education regional resource centers, college and university	6187
departments of education, head start programs, the eTech Ohio	6188
commission, and the Ohio education computer network may establish	6189
local professional development committees to determine whether the	6190
coursework proposed by their employees who are licensed or	6191
certificated under this section or section 3319.222 of the Revised	6192
Code meet the requirements of the rules adopted under this	6193
section. They may establish local professional development	6194
committees on their own or in collaboration with a school district	6195
or other agency having authority to establish them.	6196

Local professional development committees established by	6197
county boards of ~~mental retardation and~~ developmental disabilities	6198
shall be structured in a manner comparable to the structures	6199
prescribed for school districts in divisions (C)(2) and (3) of	6200
this section, as shall the committees established by any other	6201
entity specified in division (D)(1) of this section that provides	6202
educational services by employing or contracting for services of	6203
classroom teachers licensed or certificated under this section or	6204
section 3319.222 of the Revised Code. All other entities specified	6205
in division (D)(1) of this section shall structure their	6206
committees in accordance with guidelines which shall be issued by	6207
the state board.	6208

(2) Any public agency that is not specified in division	6209
(D)(1) of this section but provides educational services and	6210
employs or contracts for services of classroom teachers licensed	6211
or certificated under this section or section 3319.222 of the	6212
Revised Code may establish a local professional development	6213
committee, subject to the approval of the department of education.	6214
The committee shall be structured in accordance with guidelines	6215
issued by the state board.	6216

Sec. 3319.99. (A) Whoever violates division (A) of section	6217
3319.151 of the Revised Code is guilty of a minor misdemeanor.	6218

(B) Whoever violates division (H)(1) of section 3319.311 of	6219
the Revised Code is guilty of a misdemeanor of the first degree.	6220

(C) Whoever violates division (F) of section 3319.313 of the	6221
Revised Code shall be punished as follows:	6222

(1) Except as otherwise provided in division (C)(2) of this	6223
section, the person is guilty of a misdemeanor of the fourth	6224
degree.	6225

(2) The person is guilty of a misdemeanor of the first degree	6226
if both of the following conditions apply:	6227

(a) The employee who is the subject of the report that the	6228
person fails to submit was required to be reported for the	6229
commission or alleged commission of an act or offense involving	6230
the infliction on a child of any physical or mental wound, injury,	6231
disability, or condition of a nature that constitutes abuse or	6232
neglect of the child;	6233

(b) During the period between the violation of division (F)	6234
of section 3319.313 of the Revised Code and the conviction of or	6235
plea of guilty by the person for that violation, the employee who	6236
is the subject of the report that the person fails to submit	6237
inflicts on any child attending a school district, educational	6238
service center, public or nonpublic school, or county board of	6239
~~mental retardation and~~ developmental disabilities where the	6240
employee works any physical or mental wound, injury, disability,	6241
or condition of a nature that constitutes abuse or neglect of the	6242
child.	6243

(D) Whoever violates division (B) or (D) of section 3319.317	6244
of the Revised Code is guilty of a misdemeanor of the first	6245
degree.	6246

Sec. 3323.01. As used in this chapter:

6247

(A) "Child with a disability" means a child who is at least	6248
three years of age and less than twenty-two years of age; who has	6249
mental retardation, a hearing impairment (including deafness), a	6250
speech or language impairment, a visual impairment (including	6251
blindness), a serious emotional disturbance, an orthopedic	6252
impairment, autism, traumatic brain injury, an other health	6253
impairment, a specific learning disability, deaf-blindness, or	6254
multiple disabilities; and who, by reason thereof, needs special	6255
education and related services.	6256

A "child with a disability" may include a child who is at	6257
least three years of age and less than six years of age; who is	6258
experiencing developmental delays, as defined by standards adopted	6259
by the state board of education and as measured by appropriate	6260
diagnostic instruments and procedures in one or more of the	6261
following areas: physical development, cognitive development,	6262
communication development, social or emotional development, or	6263
adaptive development; and who, by reason thereof, needs special	6264
education and related services.	6265

(B) "County ~~MR/DD~~DD board" means a county board of ~~mental~~	6266
~~retardation and~~ developmental disabilities.	6267

(C) "Free appropriate public education" means special	6268
education and related services that meet all of the following:	6269

(1) Are provided at public expense, under public supervision	6270
and direction, and without charge;	6271

(2) Meet the standards of the state board of education;

6272

(3) Include an appropriate preschool, elementary, or	6273
secondary education as otherwise provided by the law of this	6274
state;	6275

(4) Are provided for each child with a disability in	6276
conformity with the child's individualized education program.	6277

(D) "Homeless children" means "homeless children and youths"	6278
as defined in section 725 of the "McKinney-Vento Homeless	6279
Assistance Act," 42 U.S.C. 11434a.	6280

(E) "Individualized education program" or "IEP" means the	6281
written statement described in section 3323.011 of the Revised	6282
Code.	6283

(F) "Individualized education program team" or "IEP team"	6284
means a group of individuals composed of:	6285

(1) The parents of a child with a disability;

6286

(2) At least one regular education teacher of the child, if	6287
the child is or may be participating in the regular education	6288
environment;	6289

(3) At least one special education teacher, or where	6290
appropriate, at least one special education provider of the child;	6291

(4) A representative of the school district who meets all of	6292
the following:	6293

(a) Is qualified to provide, or supervise the provision of,	6294
specially designed instruction to meet the unique needs of	6295
children with disabilities;	6296

(b) Is knowledgeable about the general education curriculum;

6297

(c) Is knowledgeable about the availability of resources of	6298
the school district.	6299

(5) An individual who can interpret the instructional	6300
implications of evaluation results, who may be a member of the	6301
team as described in divisions (F)(2) to (4) of this section;	6302

(6) At the discretion of the parent or the school district,	6303
other individuals who have knowledge or special expertise	6304
regarding the child, including related services personnel as	6305
appropriate;	6306

(7) Whenever appropriate, the child with a disability.

6307

(G) "Instruction in braille reading and writing" means the	6308
teaching of the system of reading and writing through touch	6309
commonly known as standard English braille.	6310

(H) "Other educational agency" means a department, division,	6311
bureau, office, institution, board, commission, committee,	6312
authority, or other state or local agency, which is not a city,	6313
local, or exempted village school district or an agency	6314
administered by the department of mental retardation and	6315
developmental disabilities, that provides or seeks to provide	6316
special education or related services to children with	6317
disabilities. The term "other educational agency" includes a joint	6318
vocational school district.	6319

(I) "Parent" of a child with a disability, except as used in	6320
sections 3323.09 and 3323.141 of the Revised Code, means:	6321

(1) A natural or adoptive parent of a child but not a foster	6322
parent of a child;	6323

(2) A guardian, but not the state if the child is a ward of	6324
the state;	6325

(3) An individual acting in the place of a natural or	6326
adoptive parent, including a grandparent, stepparent, or other	6327
relative, with whom the child lives, or an individual who is	6328
legally responsible for the child's welfare;	6329

(4) An individual assigned to be a surrogate parent, provided	6330
the individual is not prohibited by this chapter from serving as a	6331
surrogate parent for a child.	6332

(J) "Preschool child with a disability" means a child with a	6333
disability who is at least three years of age but is not of	6334
compulsory school age, as defined under section 3321.01 of the	6335
Revised Code, and who is not currently enrolled in kindergarten.	6336

(K) "Related services" means transportation, and such	6337
developmental, corrective, and other supportive services	6338
(including speech-language pathology and audiology services,	6339
interpreting services, psychological services, physical and	6340
occupational therapy, recreation, including therapeutic	6341
recreation, school nurse services designed to enable a child with	6342
a disability to receive a free appropriate public education as	6343
described in the individualized education program of the child,	6344
counseling services, including rehabilitation counseling,	6345
orientation and mobility services, school health services, social	6346
work services in schools, and parent counseling and training, and	6347
medical services, except that such medical services shall be for	6348
diagnostic and evaluation purposes only) as may be required to	6349
assist a child with a disability to benefit from special	6350
education, and includes the early identification and assessment of	6351
disabling conditions in children. "Related services" does not	6352
include a medical device that is surgically implanted, or the	6353
replacement of such device.	6354

(L) "School district" means a city, local, or exempted	6355
village school district.	6356

(M) "School district of residence," as used in sections	6357
3323.09, 3323.091, 3323.13, and 3323.14 of the Revised Code,	6358
means:	6359

(1) The school district in which the child's natural or	6360
adoptive parents reside;	6361

(2) If the school district specified in division (M)(1) of	6362
this section cannot be determined, the last school district in	6363
which the child's natural or adoptive parents are known to have	6364
resided if the parents' whereabouts are unknown;	6365

(3) If the school district specified in division (M)(2) of	6366
this section cannot be determined, the school district determined	6367
under section 2151.362 of the Revised Code, or if no district has	6368
been so determined, the school district as determined by the	6369
probate court of the county in which the child resides.	6370

(4) Notwithstanding divisions (M)(1) to (3) of this section,	6371
if a school district is required by section 3313.65 of the Revised	6372
Code to pay tuition for a child, that district shall be the	6373
child's school district of residence.	6374

(N) "Special education" means specially designed instruction,	6375
at no cost to parents, to meet the unique needs of a child with a	6376
disability. "Special education" includes instruction conducted in	6377
the classroom, in the home, in hospitals and institutions, and in	6378
other settings, including an early childhood education setting,	6379
and instruction in physical education.	6380

(O) "Student with a visual impairment" means any person who	6381
is less than twenty-two years of age and who has a visual	6382
impairment as that term is defined in this section.	6383

(P) "Transition services" means a coordinated set of	6384
activities for a child with a disability that meet all of the	6385
following:	6386

(1) Is designed to be within a results-oriented process, that	6387
is focused on improving the academic and functional achievement of	6388
the child with a disability to facilitate the child's movement	6389
from school to post-school activities, including post-secondary	6390
education; vocational education; integrated employment (including	6391
supported employment); continuing and adult education; adult	6392
services; independent living; or community participation;	6393

(2) Is based on the individual child's needs, taking into	6394
account the child's strengths, preferences, and interests;	6395

(3) Includes instruction, related services, community	6396
experiences, the development of employment and other post-school	6397
adult living objectives, and, when appropriate, acquisition of	6398
daily living skills and functional vocational evaluation.	6399

"Transition services" for children with disabilities may be	6400
special education, if provided as specially designed instruction,	6401
or may be a related service, if required to assist a child with a	6402
disability to benefit from special education.	6403

(Q) "Visual impairment" for any individual means that one of	6404
the following applies to the individual:	6405

(1) The individual has a visual acuity of 20/200 or less in	6406
the better eye with correcting lenses or has a limited field of	6407
vision in the better eye such that the widest diameter subtends an	6408
angular distance of no greater than twenty degrees.	6409

(2) The individual has a medically indicated expectation of	6410
meeting the requirements of division (Q)(1) of this section over a	6411
period of time.	6412

(3) The individual has a medically diagnosed and medically	6413
uncorrectable limitation in visual functioning that adversely	6414
affects the individual's ability to read and write standard print	6415
at levels expected of the individual's peers of comparable ability	6416
and grade level.	6417

(R) "Ward of the state" has the same meaning as in section	6418
602(36) of the "Individuals with Disabilities Education	6419
Improvement Act of 2004," 20 U.S.C. 1401(36).	6420

Sec. 3323.02. As used in this section, "IDEIA" means the	6421
"Individuals with Disabilities Education Improvement Act of 2004,"	6422
Pub. L. No. 108-446.	6423

It is the purpose of this chapter to ensure that all	6424
children with disabilities residing in this state who are at	6425
least three years of age and less than twenty-two years of age,	6426
including children with disabilities who have been suspended or	6427
expelled from school, have available to them a free appropriate	6428
public education. No school district, county ~~MR/DD~~DD board, or	6429
other educational agency shall receive state or federal funds for	6430
special education and related services unless those services for	6431
children with disabilities are provided in accordance with IDEIA	6432
and related provisions of the Code of Federal Regulations, the	6433
provisions of this chapter, rules and standards adopted by the	6434
state board of education, and any procedures or guidelines issued	6435
by the superintendent of public instruction. Any options or	6436
discretion provided to the state by IDEIA may be exercised in	6437
state law or in rules or standards adopted by the state board of	6438
education.	6439

The state board of education shall establish rules or	6440
standards for the provision of special education and related	6441
services for all children with disabilities who are at least three	6442
years of age and less than twenty-two years of age residing in the	6443
state, regardless of the severity of their disabilities, including	6444
children with disabilities who have been suspended or expelled	6445
from school. The state law and the rules or standards of the state	6446
board of education may impose requirements that are not required	6447
by IDEIA or related provisions of the Code of Federal Regulations.	6448
The school district of residence is responsible, in all instances,	6449
for ensuring that the requirements of Part B of IDEIA are met for	6450
every eligible child in its jurisdiction, regardless of whether	6451
services are provided by another school district, other	6452
educational agency, or other agency, department, or entity, unless	6453
IDEIA or related provisions of the Code of Federal Regulations,	6454
another section of this chapter, or a rule adopted by the state	6455
board of education specifies that another school district, other	6456
educational agency, or other agency, department, or entity is	6457
responsible for ensuring compliance with Part B of IDEIA.	6458

Notwithstanding division (A)(4) of section 3301.53 of the	6459
Revised Code and any rules adopted pursuant to that section and	6460
division (A) of section 3313.646 of the Revised Code, a board of	6461
education of a school district may provide special education and	6462
related services for preschool children with disabilities in	6463
accordance with this chapter and section 3301.52, divisions (A)(1)	6464
to (3) and (A)(5) and (6) of section 3301.53, and sections 3301.54	6465
to 3301.59 of the Revised Code.	6466

The superintendent of public instruction may require any	6467
state or local agency to provide documentation that special	6468
education and related services for children with disabilities	6469
provided by the agency are in compliance with the requirements of	6470
this chapter.	6471

Not later than the first day of February of each year the	6472
superintendent of public instruction shall furnish the	6473
chairpersons of the education committees of the house of	6474
representatives and the senate with a report on the status of	6475
implementation of special education and related services for	6476
children with disabilities required by this chapter. The report	6477
shall include but shall not be limited to the following items: the	6478
most recent available figures on the number of children identified	6479
as children with disabilities and the number of identified	6480
children receiving special education and related services. The	6481
information contained in these reports shall be public	6482
information.	6483

Sec. 3323.021. As used in this section, "participating	6484
county ~~MR/DD~~DD board" means a county board of ~~mental retardation~~	6485
~~and~~ developmental disabilities electing to participate in the	6486
provision of or contracting for educational services for children	6487
under division (D) of section 5126.05 of the Revised Code.	6488

(A) When a school district, educational service center, or	6489
participating county ~~MR/DD~~DD board enters into an agreement or	6490
contract with another school district, educational service center,	6491
or participating county ~~MR/DD~~DD board to provide educational	6492
services to a disabled child during a school year, both of the	6493
following shall apply:	6494

(1) Beginning with fiscal year 1999, if the provider of the	6495
services intends to increase the amount it charges for some or all	6496
of those services during the next school year or if the provider	6497
intends to cease offering all or part of those services during the	6498
next school year, the provider shall notify the entity for which	6499
the services are provided of these intended changes no later ~~that~~	6500
than the first day of March of the current fiscal year.	6501

(2) Beginning with fiscal year 1999, if the entity for which	6502
services are provided intends to cease obtaining those services	6503
from the provider for the next school year or intends to change	6504
the type or amount of services it obtains from the provider for	6505
the next school year, the entity shall notify the service provider	6506
of these intended changes no later than the first day of March of	6507
the current fiscal year.	6508

(B) School districts, educational service centers,	6509
participating county ~~MR/DD~~DD boards, and other applicable	6510
governmental entities shall collaborate where possible to maximize	6511
federal sources of revenue to provide additional funds for special	6512
education related services for disabled children. Annually, each	6513
school district shall report to the department of education any	6514
amounts of money the district received through such medical	6515
assistance program.	6516

(C) The state board of education, the department of mental	6517
retardation and developmental disabilities, and the department of	6518
job and family services shall develop working agreements for	6519
pursuing additional funds for services for disabled children.	6520

Sec. 3323.03. The state board of education shall, in	6521
consultation with the department of health, the department of	6522
mental health, and the department of mental retardation and	6523
developmental disabilities, establish standards and procedures for	6524
the identification, location, and evaluation of all children with	6525
disabilities residing in the state, including children with	6526
disabilities who are homeless children or are wards of the state	6527
and children with disabilities attending nonpublic schools,	6528
regardless of the severity of their disabilities, and who are in	6529
need of special education and related services. The state board	6530
shall develop and implement a practical method to determine which	6531
children with disabilities are currently receiving needed special	6532
education and related services.	6533

In conducting the evaluation, the board of education of each	6534
school district shall use a variety of assessment tools and	6535
strategies to gather relevant functional, developmental, and	6536
academic information about the child, including information	6537
provided by the child's parent. The board of education of each	6538
school district, in consultation with the county ~~MR/DD~~DD board,	6539
the county family and children first council, and the board of	6540
alcohol, drug addiction, and mental health services of each	6541
county in which the school district has territory, shall	6542
identify, locate, and evaluate all children with disabilities	6543
residing within the district to determine which children with	6544
disabilities are not receiving appropriate special education and	6545
related services. In addition, the board of education of each	6546
school district, in consultation with such county boards or	6547
council, shall identify, locate, and evaluate all children with	6548
disabilities who are enrolled by their parents in nonpublic	6549
elementary and secondary schools located within the public school	6550
district, without regard to where those children reside in	6551
accordance with rules of the state board of education or	6552
guidelines of the superintendent of public instruction.	6553

Each county ~~MR/DD~~DD board, county family and children first	6554
council, and board of alcohol, drug addiction, and mental health	6555
services and the board's or council's contract agencies may	6556
transmit to boards of education the names and addresses of	6557
children with disabilities who are not receiving appropriate	6558
special education and related services.	6559

Sec. 3323.04. The state board of education, in consultation	6560
with the department of mental health and the department of mental	6561
retardation and developmental disabilities, shall establish	6562
procedures and standards for the development of individualized	6563
education programs for children with disabilities.	6564

The state board shall require the board of education of each	6565
school district to develop an individualized education program for	6566
each child with a disability who is at least three years of age	6567
and less than twenty-two years of age residing in the district in	6568
a manner that is in accordance with rules of the state board.	6569

Prior to the placement of a child with a disability in a	6570
program operated under section 3323.09 of the Revised Code, the	6571
district board of education shall consult the county ~~MR/DD~~DD	6572
board of the county in which the child resides regarding the	6573
proposed placement.	6574

A child with a disability enrolled in a nonpublic school or	6575
facility shall be provided special education and related services,	6576
in accordance with an individualized education program, at no cost	6577
for those services, if the child is placed in, or referred to,	6578
that nonpublic school or facility by the department of education	6579
or a school district.	6580

The IEP team shall review the individualized education	6581
program of each child with a disability periodically, but at least	6582
annually, to determine whether the annual goals for the child are	6583
being achieved, and shall revise the individualized education	6584
program as appropriate.	6585

The state board shall establish procedures and standards to	6586
assure that to the maximum extent appropriate, children with	6587
disabilities, including children in public or private	6588
institutions or other care facilities, shall be educated with	6589
children who are not disabled. Special classes, separate schools,	6590
or other removal of children with disabilities from the regular	6591
educational environment shall be used only when the nature or	6592
severity of a child's disability is such that education in	6593
regular classes with supplementary aids and services cannot be	6594
achieved satisfactorily.	6595

If an agency directly affected by a placement decision	6596
objects to such decision, an impartial hearing officer, appointed	6597
by the department of education from a list prepared by the	6598
department, shall conduct a hearing to review the placement	6599
decision. The agencies that are parties to a hearing shall divide	6600
the costs of such hearing equally. The decision of the hearing	6601
officer shall be final, except that any party to the hearing who	6602
is aggrieved by the findings or the decision of the hearing	6603
officer may appeal the findings or decision in accordance with	6604
division (H) of section 3323.05 of the Revised Code or the parent	6605
of any child affected by such decision may present a complaint in	6606
accordance with that section.	6607

Sec. 3323.05. The state board of education shall establish	6608
procedures to ensure that children with disabilities and their	6609
parents are guaranteed procedural safeguards under this chapter	6610
with respect to a free appropriate public education.	6611

The procedures shall include, but need not be limited to:

6612

(A) An opportunity for the parents of a child with a	6613
disability to examine all records related to the child and to	6614
participate in meetings with respect to identification,	6615
evaluation, and educational placement of the child, and to	6616
obtain an independent educational evaluation of the child;	6617

(B) Procedures to protect the rights of the child whenever	6618
the parents of the child are not known, an agency after making	6619
reasonable efforts cannot find the parents, or the child is a	6620
ward of the state, including the assignment, in accordance with	6621
section 3323.051 of the Revised Code, of an individual to act as	6622
a surrogate for the parents;	6623

(C) Prior written notice to the child's parents of a school	6624
district's proposal or refusal to initiate or change the	6625
identification, evaluation, or educational placement of the child	6626
or the provision of a free appropriate education for the child.	6627
The procedures established under this division shall:	6628

(1) Be designed to ensure that the written prior notice is in	6629
the native language of the parents, unless it clearly is not	6630
feasible to do so.	6631

(2) Specify that the prior written notice shall include:

6632

(a) A description of the action proposed or refused by the	6633
district;	6634

(b) An explanation of why the district proposes or refuses to	6635
take the action and a description of each evaluation procedure,	6636
assessment, record, or report the district used as a basis for the	6637
proposed or refused action;	6638

(c) A statement that the parents of a child with a disability	6639
have protection under the procedural safeguards and, if the notice	6640
is not in regard to an initial referral for evaluation, the means	6641
by which a copy of a description of the procedural safeguards can	6642
be obtained;	6643

(d) Sources for parents to contact to obtain assistance in	6644
understanding the provisions of Part B of the "Individuals with	6645
Disabilities Education Improvement Act of 2004";	6646

(e) A description of other options considered by the IEP team	6647
and the reason why those options were rejected;	6648

(f) A description of the factors that are relevant to the	6649
agency's proposal or refusal.	6650

(D) An opportunity for the child's parents to present	6651
complaints to the superintendent of the child's school district	6652
of residence with respect to any matter relating to the	6653
identification, evaluation, or educational placement of the child,	6654
or the provision of a free appropriate public education under	6655
this chapter.	6656

Within twenty school days after receipt of a complaint, the	6657
district superintendent or the superintendent's designee, without	6658
undue delay and at a time and place convenient to all parties,	6659
shall review the case, may conduct an administrative review, and	6660
shall notify all parties in writing of the superintendent's or	6661
designee's decision. Where the child is placed in a program	6662
operated by a county ~~MR/DD~~DD board or other educational agency,	6663
the superintendent shall consult with the administrator of that	6664
county ~~MR/DD~~DD board or agency.	6665

Any party aggrieved by the decision of the district	6666
superintendent or the superintendent's designee may file a	6667
complaint with the state board as provided under division (E) of	6668
this section, request mediation as provided under division (F) of	6669
this section, or present a due process complaint notice and	6670
request for a due process hearing in writing to the superintendent	6671
of the district, with a copy to the state board, as provided under	6672
division (G) of this section.	6673

(E) An opportunity for a party to file a complaint with the	6674
state board of education with respect to the identification,	6675
evaluation, or educational placement of the child, or the	6676
provision of a free appropriate public education to such child.	6677
The department of education shall review and, where appropriate,	6678
investigate the complaint and issue findings.	6679

(F) An opportunity for parents and a school district to	6680
resolve through mediation disputes involving any matter.	6681

(1) The procedures established under this section shall	6682
ensure that the mediation process is voluntary on the part of the	6683
parties, is not used to deny or delay a parent's right to a due	6684
process hearing or to deny any other rights afforded under this	6685
chapter, and is conducted by a qualified and impartial mediator	6686
who is trained in effective mediation techniques.	6687

(2) A school district may establish procedures to offer to	6688
parents and schools that choose not to use the mediation process,	6689
an opportunity to meet, at a time and location convenient to the	6690
parents, with a disinterested party to encourage the use, and	6691
explain the benefits, of the mediation process to the parents. The	6692
disinterested party shall be an individual who is under contract	6693
with a parent training and information center or community parent	6694
resource center in the state or is under contract with an	6695
appropriate alternative dispute resolution entity.	6696

(3) The department shall maintain a list of individuals who	6697
are qualified mediators and knowledgeable in laws and regulations	6698
relating to the provision of special education and related	6699
services.	6700

(4) The department shall bear the cost of the mediation	6701
process, including the costs of meetings described in division	6702
(F)(2) of this section.	6703

(5) Each session in the mediation process shall be scheduled	6704
in a timely manner and shall be held in a location that is	6705
convenient to the parties to the dispute.	6706

(6) Discussions that occur during the mediation process shall	6707
be confidential and shall not be used as evidence in any	6708
subsequent due process hearing or civil proceeding.	6709

(7) In the case that a resolution is reached to resolve the	6710
complaint through the mediation process, the parties shall execute	6711
a legally binding agreement that sets forth the resolution and	6712
that:	6713

(a) States that all discussions that occurred during the	6714
mediation process shall be confidential and shall not be used as	6715
evidence in any subsequent due process hearing or civil	6716
proceeding;	6717

(b) Is signed by both the parent and a representative for the	6718
school district who has the authority to bind the district;	6719

(c) Is enforceable in any state court of competent	6720
jurisdiction or in a district court of the United States.	6721

(G)(1) An opportunity for parents or a school district to	6722
present a due process complaint and request for a due process	6723
hearing to the superintendent of the school district of the	6724
child's residence with respect to the identification, evaluation,	6725
or educational placement of the child, or the provision of a free	6726
appropriate public education to the child. The party presenting	6727
the due process complaint and request for a due process hearing	6728
shall provide due process complaint notice to the other party and	6729
forward a copy of the notice to the state board. The due process	6730
complaint notice shall include:	6731

(a) The name of the child, the address of the residence of	6732
the child, or the available contact information in the case of a	6733
homeless child, and the name of the school the child is attending;	6734

(b) A description of the nature of the problem of the child	6735
relating to the proposed initiation or change, including facts	6736
relating to the problem;	6737

(c) A proposed resolution of the problem to the extent known	6738
and available to the party at the time.	6739

A party shall not have a due process hearing until the party,	6740
or the attorney representing the party, files a notice that meets	6741
the requirement for filing a due process complaint notice.	6742

A due process hearing shall be conducted by an impartial	6743
hearing officer in accordance with standards and procedures	6744
adopted by the state board. A hearing officer shall not be an	6745
employee of the state board or any agency involved in the	6746
education or care of the child or a person having a personal or	6747
professional interest that conflicts with the person's objectivity	6748
in the hearing. A hearing officer shall possess knowledge of, and	6749
the ability to understand, the provisions of the "Individuals with	6750
Disabilities Education Improvement Act of 2004," federal and state	6751
regulations pertaining to that act, and legal interpretations of	6752
that act by federal and state courts; possess the knowledge and	6753
ability to conduct hearings in accordance with appropriate	6754
standard legal practice; and possess the knowledge and ability to	6755
render and write decisions in accordance with appropriate standard	6756
legal practice. The due process requirements of section 615 of the	6757
"Individuals with Disabilities Education Improvement Act of 2004,"	6758
20 U.S.C. 1415, apply to due process complaint notices and	6759
requests for due process hearings and to due process hearings held	6760
under division (G) of this section, including, but not limited to,	6761
timelines for requesting hearings, requirements for sufficient	6762
complaint notices, resolution sessions, and sufficiency and	6763
hearing decisions.	6764

(2) Discussions that occur during a resolution session shall	6765
be confidential and shall not be used as evidence in any	6766
subsequent due process hearing or civil proceeding. If a	6767
resolution to the dispute is reached at a resolution session, the	6768
parties must execute a legally binding written settlement	6769
agreement which shall state that all discussions that occurred	6770
during the resolution process shall be confidential and shall not	6771
be used as evidence in any subsequent due process hearing or civil	6772
proceeding.	6773

(3) A party to a hearing under division (G) of this section	6774
shall be accorded:	6775

(a) The right to be accompanied and advised by counsel and by	6776
individuals with special knowledge or training with respect to the	6777
problems of children with disabilities;	6778

(b) The right to present evidence and confront,	6779
cross-examine, and compel the attendance of witnesses;	6780

(c) The right to a written or electronic verbatim record of	6781
the hearing;	6782

(d) The right to written findings of fact and decisions,	6783
which findings of fact and decisions shall be made available to	6784
the public consistent with the requirements relating to the	6785
confidentiality of personally identifiable data, information, and	6786
records collected and maintained by state educational agencies and	6787
local educational agencies; and shall be transmitted to the	6788
advisory panel established and maintained by the department for	6789
the purpose of providing policy guidance with respect to special	6790
education and related services for children with disabilities in	6791
the state.	6792

(H) An opportunity for any party aggrieved by the findings	6793
and decision rendered in a hearing under division (G) of this	6794
section to appeal within forty-five days of notification of the	6795
decision to the state board, which shall appoint a state level	6796
officer who shall review the case and issue a final order. The	6797
state level officer shall be appointed and shall review the case	6798
in accordance with standards and procedures adopted by the state	6799
board.	6800

Any party aggrieved by the final order of the state level	6801
officer may appeal the final order, in accordance with Chapter	6802
119. of the Revised Code, within forty-five days after	6803
notification of the order to the court of common pleas of the	6804
county in which the child's school district of residence is	6805
located, or to a district court of the United States within	6806
ninety days after the date of the decision of the state level	6807
review officer, as provided in section 615(i)(2) of the	6808
"Individuals with Disabilities Education Improvement Act of	6809
2004," 20 U.S.C. 1415(i)(2).	6810

Sec. 3323.09. (A) As used in this section:

6811

(1) "Home" has the meaning given in section 3313.64 of the	6812
Revised Code.	6813

(2) "Preschool child" means a child who is at least age three	6814
but under age six on the thirtieth day of September of an academic	6815
year.	6816

(B) Each county ~~MR/DD~~DD board shall establish special	6817
education programs for all children with disabilities who in	6818
accordance with section 3323.04 of the Revised Code have been	6819
placed in special education programs operated by the county board	6820
and for preschool children who are developmentally delayed or at	6821
risk of being developmentally delayed. The board annually shall	6822
submit to the department of education a plan for the provision of	6823
these programs and, if applicable, a request for approval of units	6824
under section 3317.05 of the Revised Code. The superintendent of	6825
public instruction shall review the plan and approve or modify it	6826
in accordance with rules adopted by the state board of education	6827
under section 3301.07 of the Revised Code. The superintendent of	6828
public instruction shall compile the plans submitted by county	6829
boards and shall submit a comprehensive plan to the state board.	6830

A county ~~MR/DD~~DD board may combine transportation for	6831
children enrolled in classes funded under section 3317.20 or units	6832
approved under section 3317.05 with transportation for children	6833
and adults enrolled in programs and services offered by the board	6834
under section 5126.12 of the Revised Code.	6835

(C) A county ~~MR/DD~~DD board that during the school year	6836
provided special education pursuant to this section for any child	6837
with mental disabilities under twenty-two years of age shall	6838
prepare and submit the following reports and statements:	6839

(1) The board shall prepare a statement for each child who at	6840
the time of receiving such special education was a resident of a	6841
home and was not in the legal or permanent custody of an Ohio	6842
resident or a government agency in this state, and whose natural	6843
or adoptive parents are not known to have been residents of this	6844
state subsequent to the child's birth. The statement shall contain	6845
the child's name, the name of the child's school district of	6846
residence, the name of the county board providing the special	6847
education, and the number of months, including any fraction of a	6848
month, it was provided. Not later than the thirtieth day of June,	6849
the board shall forward a certified copy of such statement to both	6850
the director of mental retardation and developmental disabilities	6851
and to the home.	6852

Within thirty days after its receipt of a statement, the home	6853
shall pay tuition to the county board computed in the manner	6854
prescribed by section 3323.141 of the Revised Code.	6855

(2) The board shall prepare a report for each school district	6856
that is the school district of residence of one or more of such	6857
children for whom statements are not required by division (C)(1)	6858
of this section. The report shall contain the name of the county	6859
board providing special education, the name of each child	6860
receiving special education, the number of months, including	6861
fractions of a month, that the child received it, and the name of	6862
the child's school district of residence. Not later than the	6863
thirtieth day of June, the board shall forward certified copies of	6864
each report to the school district named in the report, the	6865
superintendent of public instruction, and the director of mental	6866
retardation and developmental disabilities.	6867

Sec. 3323.091. (A) The department of mental health, the	6868
department of mental retardation and developmental disabilities,	6869
the department of youth services, and the department of	6870
rehabilitation and correction shall establish and maintain special	6871
education programs for children with disabilities in institutions	6872
under their jurisdiction according to standards adopted by the	6873
state board of education.	6874

(B) The superintendent of each state institution required to	6875
provide services under division (A) of this section, and each	6876
county ~~MR/DD~~DD board, providing special education for preschool	6877
children with disabilities under this chapter may apply to the	6878
state department of education for unit funding, which shall be	6879
paid in accordance with sections 3317.052 and 3317.053 of the	6880
Revised Code.	6881

The superintendent of each state institution required to	6882
provide services under division (A) of this section may apply to	6883
the department of education for special education and related	6884
services weighted funding for children with disabilities other	6885
than preschool children with disabilities, calculated in	6886
accordance with section 3317.201 of the Revised Code.	6887

Each county ~~MR/DD~~DD board providing special education for	6888
children with disabilities other than preschool children with	6889
disabilities may apply to the department of education for base	6890
cost and special education and related services weighted funding	6891
calculated in accordance with section 3317.20 of the Revised	6892
Code.	6893

(C) In addition to the authorization to apply for state	6894
funding described in division (B) of this section, each state	6895
institution required to provide services under division (A) of	6896
this section is entitled to tuition payments calculated in the	6897
manner described in division (C) of this section.	6898

On or before the thirtieth day of June of each year, the	6899
superintendent of each institution that during the school year	6900
provided special education pursuant to this section shall prepare	6901
a statement for each child with a disability under twenty-two	6902
years of age who has received special education. The statement	6903
shall contain the child's data verification code assigned	6904
pursuant to division (D)(2) of section 3301.0714 of the Revised	6905
Code and the name of the child's school district of residence.	6906
Within sixty days after receipt of such statement, the department	6907
of education shall perform one of the following:	6908

(1) For any child except a preschool child with a disability	6909
described in division (C)(2) of this section, pay to the	6910
institution submitting the statement an amount equal to the	6911
tuition calculated under division (A) of section 3317.08 of the	6912
Revised Code for the period covered by the statement, and deduct	6913
the same from the amount of state funds, if any, payable under	6914
sections 3317.022 and 3317.023 of the Revised Code, to the child's	6915
school district of residence or, if the amount of such state funds	6916
is insufficient, require the child's school district of residence	6917
to pay the institution submitting the statement an amount equal to	6918
the amount determined under this division.	6919

(2) For any preschool child with a disability not included	6920
in a unit approved under division (B) of section 3317.05 of the	6921
Revised Code, perform the following:	6922

(a) Pay to the institution submitting the statement an amount	6923
equal to the tuition calculated under division (B) of section	6924
3317.08 of the Revised Code for the period covered by the	6925
statement, except that in calculating the tuition under that	6926
section the operating expenses of the institution submitting the	6927
statement under this section shall be used instead of the	6928
operating expenses of the school district of residence;	6929

(b) Deduct from the amount of state funds, if any, payable	6930
under sections 3317.022 and 3317.023 of the Revised Code to the	6931
child's school district of residence an amount equal to the amount	6932
paid under division (C)(2)(a) of this section.	6933

Sec. 3323.12. The board of education of a school district	6934
shall provide home instruction for children with disabilities who	6935
are at least three years of age and less than twenty-two years of	6936
age and who are unable to attend school, even with the help of	6937
special transportation. The board may arrange for the provision	6938
of home instruction for a child by a cooperative agreement or	6939
contract with a county ~~MR/DD~~DD board or other educational	6940
agency. For the purposes of determining formula ADM under section	6941
3317.03 of the Revised Code, five hours of home instruction	6942
shall be equivalent to attendance for five school days.	6943

Sec. 3323.141. (A) When a child who is not in the legal or	6944
permanent custody of an Ohio resident or a government agency in	6945
this state and whose natural or adoptive parents are not known to	6946
have been residents of this state subsequent to the child's birth	6947
is a resident of a home as defined in section 3313.64 of the	6948
Revised Code and receives special education and related services	6949
from a school district or county ~~MR/DD~~DD board, the home shall	6950
pay tuition to the board providing the special education.	6951

(B) In the case of a child described in division (A) of this	6952
section who receives special education and related services from a	6953
school district, tuition shall be the amount determined under	6954
division (B)(1) or (2) of this section.	6955

(1) For a child other than a child described in division	6956
(B)(2) of this section the tuition shall be an amount equal to the	6957
sum of the following:	6958

(a) Tuition as determined in the manner provided for by	6959
division (B) of section 3317.081 of the Revised Code for the	6960
district that provides the special education;	6961

(b) Such excess cost as is determined by using a formula	6962
established by rule of the department of education. The excess	6963
cost computed in this section shall not be used as excess cost	6964
computed under section 3323.14 of the Revised Code.	6965

(2) For a child who is a preschool child with a disability	6966
not included in a unit approved under division (B) of section	6967
3317.05 of the Revised Code, the tuition shall be computed as	6968
follows:	6969

(a) Determine the amount of the tuition of the district	6970
providing the education for the child as calculated under division	6971
(B) of section 3317.08 of the Revised Code;	6972

(b) For each type of special education service included in	6973
the computation of the amount of tuition under division (B)(2)(a)	6974
of this section, divide the amount determined for that computation	6975
under division (B)(2) of section 3317.08 of the Revised Code by	6976
the total number of preschool children with disabilities used for	6977
that computation under division (B)(3) of section 3317.08 of the	6978
Revised Code;	6979

(c) Determine the sum of the quotients obtained under	6980
division (B)(2)(b) of this section;	6981

(d) Determine the sum of the amounts determined under	6982
divisions (B)(2)(a) and (c) of this section.	6983

(C) In the case of a child described in division (A) of this	6984
section who receives special education and related services from a	6985
county ~~MR/DD~~DD board, tuition shall be the amount determined	6986
under division (C)(1) or (2) of this section.	6987

(1) For a child other than a child described in division	6988
(C)(2) of this section, the tuition shall be an amount equal to	6989
such board's per capita cost of providing special education and	6990
related services for children at least three but less than	6991
twenty-two years of age as determined by using a formula	6992
established by rule of the department of mental retardation and	6993
developmental disabilities.	6994

(2) For a child who is a preschool child with a disability	6995
not included in a unit approved under division (B) of section	6996
3317.05 of the Revised Code, the tuition shall equal the sum of	6997
the amounts of each such board's per capita cost of providing	6998
each of the special education or related service that the child	6999
receives. The calculation of tuition shall be made by using a	7000
formula established by rule of the department of mental	7001
retardation and developmental disabilities. The formula for the	7002
calculation of per capita costs under division (C)(2) of this	7003
section shall be based only on each such ~~MR/DD~~county DD board's	7004
cost of providing each type of special education or related	7005
service to preschool children with disabilities not included in	7006
a unit approved under division (B) of section 3317.05 of the	7007
Revised Code.	7008

(D) If a home fails to pay the tuition required under this	7009
section, the board of education or county ~~MR/DD~~DD board providing	7010
the education may recover in a civil action the tuition and the	7011
expenses incurred in prosecuting the action, including court	7012
costs and reasonable attorney's fees. If the prosecuting attorney	7013
or city director of law represents the board in such action,	7014
costs and reasonable attorney's fees awarded by the court, based	7015
upon the time spent preparing and presenting the case by the	7016
prosecuting attorney, director, or a designee of either, shall be	7017
deposited in the county or city general fund.	7018

Sec. 3323.142. This section does not apply to any preschool	7019
child with a disability except if included in a unit approved	7020
under division (B) of section 3317.05 of the Revised Code.	7021

As used in this section, "per pupil amount" for a preschool	7022
child with a disability included in such an approved unit means	7023
the amount determined by dividing the amount received for the	7024
classroom unit in which the child has been placed by the number of	7025
children in the unit. For any other child, "per pupil amount"	7026
means the amount paid for the child under section 3317.20 of the	7027
Revised Code.	7028

When a school district places or has placed a child with a	7029
county ~~MR/DD~~DD board for special education, but another district	7030
is responsible for tuition under section 3313.64 or 3313.65 of the	7031
Revised Code and the child is not a resident of the territory	7032
served by the county ~~MR/DD~~DD board, the board may charge the	7033
district responsible for tuition with the educational costs in	7034
excess of the per pupil amount received by the board under Chapter	7035
3317. of the Revised Code. The amount of the excess cost shall be	7036
determined by the formula established by rule of the department of	7037
education under section 3323.14 of the Revised Code, and the	7038
payment for such excess cost shall be made by the school district	7039
directly to the county ~~MR/DD~~DD board.	7040

A school district board of education and the county ~~MR/DD~~DD	7041
board that serves the school district may negotiate and contract,	7042
at or after the time of placement, for payments by the board of	7043
education to the county ~~MR/DD~~DD board for additional services	7044
provided to a child placed with the county ~~MR/DD~~DD board and	7045
whose individualized education program established pursuant to	7046
section 3323.08 of the Revised Code requires additional services	7047
that are not routinely provided children in the county ~~MR/DD~~DD	7048
board's program but are necessary to maintain the child's	7049
enrollment and participation in the program. Additional services	7050
may include, but are not limited to, specialized supplies and	7051
equipment for the benefit of the child and instruction, training,	7052
or assistance provided by staff members other than staff members	7053
for which funding is received under Chapter 3317. of the Revised	7054
Code.	7055

Sec. 3326.99. (A) Whoever violates division (F) of section	7056
3326.24 of the Revised Code shall be punished as follows:	7057

(1) Except as otherwise provided in division (A)(2) of this	7058
section, the person is guilty of a misdemeanor of the fourth	7059
degree.	7060

(2) The person is guilty of a misdemeanor of the first degree	7061
if both of the following conditions apply:	7062

(a) The employee who is the subject of the report that the	7063
person fails to submit was required to be reported for the	7064
commission or alleged commission of an act or offense involving	7065
the infliction on a child of any physical or mental wound,	7066
injury, disability, or condition of a nature that constitutes	7067
abuse or neglect of the child;	7068

(b) During the period between the violation of division (F)	7069
of section 3326.24 of the Revised Code and the conviction of or	7070
plea of guilty by the person for that violation, the employee who	7071
is the subject of the report that the person fails to submit	7072
inflicts on any child attending a school district, educational	7073
service center, public or nonpublic school, or county board of	7074
~~mental retardation and~~ developmental disabilities where the	7075
employee works any physical or mental wound, injury, disability,	7076
or condition of a nature that constitutes abuse or neglect of the	7077
child.	7078

(B) Whoever violates division (B) of section 3326.243 of the	7079
Revised Code is guilty of a misdemeanor of the first degree.	7080

Sec. 3701.93. As used in sections 3701.931 to 3701.936 of the	7081
Revised Code:	7082

(A) "Board of health" has the same meaning as in section	7083
3717.01 of the Revised Code.	7084

(B) "Nonpublic school" means a chartered nonpublic school	7085
that meets the minimum education standards prescribed by the state	7086
board of education under section 3301.07 of the Revised Code.	7087
"Nonpublic school" includes facilities used for child care	7088
programs for preschool children operated by the school.	7089

7090

(1) A school operated by a school district, educational	7091
service center, or county board of ~~mental retardation and~~	7092
developmental disabilities, including facilities used for child	7093
care programs for preschool children operated by the district,	7094
center, or board;	7095

(2) A community school established under Chapter 3314. of the	7096
Revised Code, including a facility operated by an internet- or	7097
computer-based community school, as defined in section 3314.02 of	7098
the Revised Code, that is used as a classroom or laboratory for	7099
one or more students. "Public school" does not mean the residence	7100
of a student enrolled in an internet- or computer-based community	7101
school.	7102

(D) "School" does not mean any of the following:

7103

(1) A child care program for preschool children that is	7104
licensed by the department of job and family services pursuant to	7105
Chapter 5104. of the Revised Code;	7106

(2) A child care program for preschool children that is not	7107
operated by a public or nonpublic school;	7108

(3) A chartered kindergarten that is associated with a	7109
freestanding preschool and that is not operated by a school	7110
district, educational service center, or county board of ~~mental~~	7111
~~retardation and~~ developmental disabilities.	7112

Sec. 3701.932. (A) Each board of health shall report the	7113
findings from the inspection of each public and nonpublic school	7114
building and associated grounds conducted under section 3701.931	7115
of the Revised Code to all of the following:	7116

(1) The principal or chief administrator of the building;

7117

(2) The administrator responsible for facility operations and	7118
maintenance on behalf of the school district, educational service	7119
center, county board of ~~mental retardation and~~ developmental	7120
disabilities, or community school controlling the inspected	7121
building and grounds;	7122

(3) In the case of a school operated by a school district,	7123
the superintendent and board of education of that district;	7124

(4) In the case of a school operated by an educational	7125
service center or county board of ~~mental retardation and~~	7126
developmental disabilities, the center or board;	7127

(5) The auditor of state.

7128

(B) Each report shall include recommendations for changes	7129
that the board of health determines may be needed to abate	7130
conditions that are hazardous to occupants. The report shall	7131
include recommendations made pursuant to an inspection conducted	7132
under section 3707.26 of the Revised Code.	7133

(C) The report is a public record under section 149.43 of the	7134
Revised Code.	7135

Sec. 3701.933. The board of education of each school	7136
district, the governing board of each educational service center,	7137
the county board of ~~mental retardation and~~ developmental	7138
disabilities, the governing authority of each community school,	7139
and the chief administrator of each nonpublic school shall submit	7140
to the board of health, by a deadline and in a manner established	7141
by the director of health, a written plan for abatement of the	7142
conditions determined to be hazardous to occupants, as described	7143
in the report submitted under section 3701.932 of the Revised	7144
Code. The plan shall include a schedule for completion of the	7145
abatement.	7146

The board of health shall determine compliance with the	7147
written plan for abatement. On completion of any plan for	7148
abatement, the board of health shall submit a supplemental report	7149
to all parties specified in division (A) of section 3701.932 of	7150
the Revised Code.	7151

The plan submitted under this section is a public record	7152
under section 149.43 of the Revised Code.	7153

Sec. 4109.06. (A) This chapter does not apply to the	7154
following:	7155

(1) Minors who are students working on any properly guarded	7156
machines in the manual training department of any school when the	7157
work is performed under the personal supervision of an instructor;	7158

(2) Students participating in a vocational program approved	7159
by the Ohio department of education;	7160

(3) A minor participating in a play, pageant, or concert	7161
produced by an outdoor historical drama corporation, a	7162
professional traveling theatrical production, a professional	7163
concert tour, or a personal appearance tour as a professional	7164
motion picture star, or as an actor or performer in motion	7165
pictures or in radio or television productions in accordance with	7166
the rules adopted pursuant to division (A) of section 4109.05 of	7167
the Revised Code;	7168

(4) The participation, without remuneration of a minor and	7169
with the consent of a parent or guardian, in a performance given	7170
by a church, school, or academy, or at a concert or entertainment	7171
given solely for charitable purposes, or by a charitable or	7172
religious institution;	7173

(5) Minors who are employed by their parents in occupations	7174
other than occupations prohibited by rule adopted under this	7175
chapter;	7176

(6) Minors engaged in the delivery of newspapers to the	7177
consumer;	7178

(7) Minors who have received a high school diploma or a	7179
certificate of attendance from an accredited secondary school or a	7180
certificate of high school equivalence;	7181

(8) Minors who are currently heads of households or are	7182
parents contributing to the support of their children;	7183

(9) Minors engaged in lawn mowing, snow shoveling, and other	7184
related employment;	7185

(10) Minors employed in agricultural employment in connection	7186
with farms operated by their parents, grandparents, or guardians	7187
where they are members of the guardians' household. Minors are not	7188
exempt from this chapter if they reside in agricultural labor	7189
camps as defined in section 3733.41 of the Revised Code;	7190

(11) Students participating in a program to serve as precinct	7191
officers as authorized by section 3501.22 of the Revised Code.	7192

(B) Sections 4109.02, 4109.08, 4109.09, and 4109.11 of the	7193
Revised Code do not apply to the following:	7194

(1) Minors who work in a sheltered workshop operated by a	7195
county board of ~~mental retardation~~developmental disabilities;	7196

(2) Minors performing services for a nonprofit organization	7197
where the minor receives no compensation, except for any expenses	7198
incurred by the minor or except for meals provided to the minor;	7199

(3) Minors who are employed in agricultural employment and	7200
who do not reside in agricultural labor camps.	7201

(C) Division (D) of section 4109.07 of the Revised Code does	7202
not apply to minors who have their employment hours established as	7203
follows:	7204

(1) A minor adjudicated to be an unruly child or delinquent	7205
child who, as a result of the adjudication, is placed on probation	7206
may either file a petition in the juvenile court in whose	7207
jurisdiction the minor resides, or apply to the superintendent or	7208
to the chief administrative officer who issued the minor's age and	7209
schooling certificate pursuant to section 3331.01 of the Revised	7210
Code, alleging the restrictions on the hours of employment	7211
described in division (D) of section 4109.07 of the Revised Code	7212
will cause a substantial hardship or are not in the minor's best	7213
interests. Upon receipt of a petition or application, the court,	7214
the superintendent, or the chief administrative officer, as	7215
appropriate, shall consult with the person required to supervise	7216
the minor on probation. If after that consultation, the court, the	7217
superintendent, or the chief administrative officer finds the	7218
minor has failed to show the restrictions will result in a	7219
substantial hardship or that the restrictions are not in the	7220
minor's best interests, the court, the superintendent, or the	7221
chief administrative officer shall uphold the restrictions. If	7222
after that consultation, the court, the superintendent, or the	7223
chief administrative officer finds the minor has shown the	7224
restricted hours will cause a substantial hardship or are not in	7225
the minor's best interests, the court, the superintendent, or the	7226
chief administrative officer shall establish differing hours of	7227
employment for the minor and notify the minor and the minor's	7228
employer of those hours, which shall be binding in lieu of the	7229
restrictions on the hours of employment described in division (D)	7230
of section 4109.07 of the Revised Code.	7231

(2) Any minor to whom division (C)(1) of this section does	7232
not apply may either file a petition in the juvenile court in	7233
whose jurisdiction the person resides, or apply to the	7234
superintendent or to the chief administrative officer who issued	7235
the minor's age and schooling certificate pursuant to section	7236
3331.01 of the Revised Code, alleging the restrictions on the	7237
hours of employment described in division (D) of section 4109.07	7238
of the Revised Code will cause a substantial hardship or are not	7239
in the minor's best interests.	7240

If, as a result of a petition or application, the court, the	7241
superintendent, or the chief administrative officer, as	7242
appropriate, finds the minor has failed to show such restrictions	7243
will result in a substantial hardship or that the restrictions are	7244
not in the minor's best interests, the court, the superintendent,	7245
or the chief administrative officer shall uphold the restrictions.	7246
If the court, the superintendent, or the chief administrative	7247
officer finds the minor has shown the restricted hours will cause	7248
a substantial hardship or are not in the minor's best interests,	7249
the court, the superintendent, or the chief administrative officer	7250
shall establish the hours of employment for the minor and shall	7251
notify the minor and the minor's employer of those hours.	7252

(D) Section 4109.03, divisions (A) and (C) of section	7253
4109.02, and division (B) of section 4109.08 of the Revised Code	7254
do not apply to minors who are sixteen or seventeen years of age	7255
and who are employed at a seasonal amusement or recreational	7256
establishment.	7257

(E) As used in this section, "certificate of high school	7258
equivalence" means a statement issued by the state board of	7259
education or an equivalent agency of another state that the holder	7260
of the statement has achieved the equivalent of a high school	7261
education as measured by scores obtained on the tests of general	7262
educational development published by the American council on	7263
education.	7264

Sec. 4141.29. Each eligible individual shall receive	7265
benefits as compensation for loss of remuneration due to	7266
involuntary total or partial unemployment in the amounts and	7267
subject to the conditions stipulated in this chapter.	7268

(A) No individual is entitled to a waiting period or benefits	7269
for any week unless the individual:	7270

(1) Has filed a valid application for determination of	7271
benefit rights in accordance with section 4141.28 of the Revised	7272
Code;	7273

(2) Has made a claim for benefits in accordance with section	7274
4141.28 of the Revised Code;	7275

(3) Has registered at an employment office or other	7276
registration place maintained or designated by the director of job	7277
and family services. Registration shall be made in accordance with	7278
the time limits, frequency, and manner prescribed by the director.	7279

(4)(a)(i) Is able to work and available for suitable work	7280
and, except as provided in division (A)(4)(a)(ii) of this section,	7281
is actively seeking suitable work either in a locality in which	7282
the individual has earned wages subject to this chapter during the	7283
individual's base period, or if the individual leaves that	7284
locality, then in a locality where suitable work normally is	7285
performed.	7286

(ii) The director may waive the requirement that a claimant	7287
be actively seeking work when the director finds that the	7288
individual has been laid off and the employer who laid the	7289
individual off has notified the director within ten days after the	7290
layoff, that work is expected to be available for the individual	7291
within a specified number of days not to exceed forty-five	7292
calendar days following the last day the individual worked. In the	7293
event the individual is not recalled within the specified period,	7294
this waiver shall cease to be operative with respect to that	7295
layoff.	7296

(b) The individual shall be instructed as to the efforts that	7297
the individual must make in the search for suitable work, except	7298
where the active search for work requirement has been waived under	7299
division (A)(4)(a) of this section, and shall keep a record of	7300
where and when the individual has sought work in complying with	7301
those instructions and, upon request, shall produce that record	7302
for examination by the director.	7303

(c) An individual who is attending a training course approved	7304
by the director meets the requirement of this division, if	7305
attendance was recommended by the director and the individual is	7306
regularly attending the course and is making satisfactory	7307
progress. An individual also meets the requirements of this	7308
division if the individual is participating and advancing in a	7309
training program, as defined in division (P) of section 5709.61 of	7310
the Revised Code, and if an enterprise, defined in division (B) of	7311
section 5709.61 of the Revised Code, is paying all or part of the	7312
cost of the individual's participation in the training program	7313
with the intention of hiring the individual for employment as a	7314
new employee, as defined in division (L) of section 5709.61 of the	7315
Revised Code, for at least ninety days after the individual's	7316
completion of the training program.	7317

(d) An individual who becomes unemployed while attending a	7318
regularly established school and whose base period qualifying	7319
weeks were earned in whole or in part while attending that school,	7320
meets the availability and active search for work requirements of	7321
division (A)(4)(a) of this section if the individual regularly	7322
attends the school during weeks with respect to which the	7323
individual claims unemployment benefits and makes self available	7324
on any shift of hours for suitable employment with the	7325
individual's most recent employer or any other employer in the	7326
individual's base period, or for any other suitable employment to	7327
which the individual is directed, under this chapter.	7328

(e) The director shall adopt any rules that the director	7329
deems necessary for the administration of division (A)(4) of this	7330
section.	7331

(f) Notwithstanding any other provisions of this section, no	7332
otherwise eligible individual shall be denied benefits for any	7333
week because the individual is in training approved under section	7334
236(a)(1) of the "Trade Act of 1974," 88 Stat. 1978, 19 U.S.C.A.	7335
2296, nor shall that individual be denied benefits by reason of	7336
leaving work to enter such training, provided the work left is not	7337
suitable employment, or because of the application to any week in	7338
training of provisions in this chapter, or any applicable federal	7339
unemployment compensation law, relating to availability for work,	7340
active search for work, or refusal to accept work.	7341

For the purposes of division (A)(4)(f) of this section,	7342
"suitable employment" means with respect to an individual, work of	7343
a substantially equal or higher skill level than the individual's	7344
past adversely affected employment, as defined for the purposes of	7345
the "Trade Act of 1974," 88 Stat. 1978, 19 U.S.C.A. 2101, and	7346
wages for such work at not less than eighty per cent of the	7347
individual's average weekly wage as determined for the purposes of	7348
that federal act.	7349

(5) Is unable to obtain suitable work. An individual who is	7350
provided temporary work assignments by the individual's employer	7351
under agreed terms and conditions of employment, and who is	7352
required pursuant to those terms and conditions to inquire with	7353
the individual's employer for available work assignments upon the	7354
conclusion of each work assignment, is not considered unable to	7355
obtain suitable employment if suitable work assignments are	7356
available with the employer but the individual fails to contact	7357
the employer to inquire about work assignments.	7358

(6) Participates in reemployment services, such as job search	7359
assistance services, if the individual has been determined to be	7360
likely to exhaust benefits under this chapter, including	7361
compensation payable pursuant to 5 U.S.C.A. Chapter 85, other than	7362
extended compensation, and needs reemployment services pursuant to	7363
the profiling system established by the director under division	7364
(K) of this section, unless the director determines that:	7365

(a) The individual has completed such services; or

7366

(b) There is justifiable cause for the claimant's failure to	7367
participate in such services.	7368

(B) An individual suffering total or partial unemployment is	7369
eligible for benefits for unemployment occurring subsequent to a	7370
waiting period of one week and no benefits shall be payable during	7371
this required waiting period. Not more than one week of waiting	7372
period shall be required of any individual in any benefit year in	7373
order to establish the individual's eligibility for total or	7374
partial unemployment benefits.	7375

(C) The waiting period for total or partial unemployment	7376
shall commence on the first day of the first week with respect to	7377
which the individual first files a claim for benefits at an	7378
employment office or other place of registration maintained or	7379
designated by the director or on the first day of the first week	7380
with respect to which the individual has otherwise filed a claim	7381
for benefits in accordance with the rules of the department of job	7382
and family services, provided such claim is allowed by the	7383
director.	7384

(D) Notwithstanding division (A) of this section, no	7385
individual may serve a waiting period or be paid benefits under	7386
the following conditions:	7387

(1) For any week with respect to which the director finds	7388
that:	7389

(a) The individual's unemployment was due to a labor dispute	7390
other than a lockout at any factory, establishment, or other	7391
premises located in this or any other state and owned or operated	7392
by the employer by which the individual is or was last employed;	7393
and for so long as the individual's unemployment is due to such	7394
labor dispute. No individual shall be disqualified under this	7395
provision if either of the following applies:	7396

(i) The individual's employment was with such employer at any	7397
factory, establishment, or premises located in this state, owned	7398
or operated by such employer, other than the factory,	7399
establishment, or premises at which the labor dispute exists, if	7400
it is shown that the individual is not financing, participating	7401
in, or directly interested in such labor dispute;	7402

(ii) The individual's employment was with an employer not	7403
involved in the labor dispute but whose place of business was	7404
located within the same premises as the employer engaged in the	7405
dispute, unless the individual's employer is a wholly owned	7406
subsidiary of the employer engaged in the dispute, or unless the	7407
individual actively participates in or voluntarily stops work	7408
because of such dispute. If it is established that the claimant	7409
was laid off for an indefinite period and not recalled to work	7410
prior to the dispute, or was separated by the employer prior to	7411
the dispute for reasons other than the labor dispute, or that the	7412
individual obtained a bona fide job with another employer while	7413
the dispute was still in progress, such labor dispute shall not	7414
render the employee ineligible for benefits.	7415

(b) The individual has been given a disciplinary layoff for	7416
misconduct in connection with the individual's work.	7417

(2) For the duration of the individual's unemployment if the	7418
director finds that:	7419

(a) The individual quit work without just cause or has been	7420
discharged for just cause in connection with the individual's	7421
work, provided division (D)(2) of this section does not apply to	7422
the separation of a person under any of the following	7423
circumstances:	7424

(i) Separation from employment for the purpose of entering	7425
the armed forces of the United States if the individual is	7426
inducted into the armed forces within one of the following	7427
periods:	7428

(I) Thirty days after separation;

7429

(II) One hundred eighty days after separation if the	7430
individual's date of induction is delayed solely at the discretion	7431
of the armed forces.	7432

(ii) Separation from employment pursuant to a	7433
labor-management contract or agreement, or pursuant to an	7434
established employer plan, program, or policy, which permits the	7435
employee, because of lack of work, to accept a separation from	7436
employment;	7437

(iii) The individual has left employment to accept a recall	7438
from a prior employer or, except as provided in division	7439
(D)(2)(a)(iv) of this section, to accept other employment as	7440
provided under section 4141.291 of the Revised Code, or left or	7441
was separated from employment that was concurrent employment at	7442
the time of the most recent separation or within six weeks prior	7443
to the most recent separation where the remuneration, hours, or	7444
other conditions of such concurrent employment were substantially	7445
less favorable than the individual's most recent employment and	7446
where such employment, if offered as new work, would be considered	7447
not suitable under the provisions of divisions (E) and (F) of this	7448
section. Any benefits that would otherwise be chargeable to the	7449
account of the employer from whom an individual has left	7450
employment or was separated from employment that was concurrent	7451
employment under conditions described in division (D)(2)(a)(iii)	7452
of this section, shall instead be charged to the mutualized	7453
account created by division (B) of section 4141.25 of the Revised	7454
Code, except that any benefits chargeable to the account of a	7455
reimbursing employer under division (D)(2)(a)(iii) of this section	7456
shall be charged to the account of the reimbursing employer and	7457
not to the mutualized account, except as provided in division	7458
(D)(2) of section 4141.24 of the Revised Code.	7459

(iv) When an individual has been issued a definite layoff	7460
date by the individual's employer and before the layoff date, the	7461
individual quits to accept other employment, the provisions of	7462
division (D)(2)(a)(iii) of this section apply and no	7463
disqualification shall be imposed under division (D) of this	7464
section. However, if the individual fails to meet the employment	7465
and earnings requirements of division (A)(2) of section 4141.291	7466
of the Revised Code, then the individual, pursuant to division	7467
(A)(5) of this section, shall be ineligible for benefits for any	7468
week of unemployment that occurs prior to the layoff date.	7469

(b) The individual has refused without good cause to accept	7470
an offer of suitable work when made by an employer either in	7471
person or to the individual's last known address, or has refused	7472
or failed to investigate a referral to suitable work when directed	7473
to do so by a local employment office of this state or another	7474
state, provided that this division shall not cause a	7475
disqualification for a waiting week or benefits under the	7476
following circumstances:	7477

(i) When work is offered by the individual's employer and the	7478
individual is not required to accept the offer pursuant to the	7479
terms of the labor-management contract or agreement; or	7480

(ii) When the individual is attending a training course	7481
pursuant to division (A)(4) of this section except, in the event	7482
of a refusal to accept an offer of suitable work or a refusal or	7483
failure to investigate a referral, benefits thereafter paid to	7484
such individual shall not be charged to the account of any	7485
employer and, except as provided in division (B)(1)(b) of section	7486
4141.241 of the Revised Code, shall be charged to the mutualized	7487
account as provided in division (B) of section 4141.25 of the	7488
Revised Code.	7489

(c) Such individual quit work to marry or because of marital,	7490
parental, filial, or other domestic obligations.	7491

(d) The individual became unemployed by reason of commitment	7492
to any correctional institution.	7493

(e) The individual became unemployed because of dishonesty in	7494
connection with the individual's most recent or any base period	7495
work. Remuneration earned in such work shall be excluded from the	7496
individual's total base period remuneration and qualifying weeks	7497
that otherwise would be credited to the individual for such work	7498
in the individual's base period shall not be credited for the	7499
purpose of determining the total benefits to which the individual	7500
is eligible and the weekly benefit amount to be paid under section	7501
4141.30 of the Revised Code. Such excluded remuneration and	7502
noncredited qualifying weeks shall be excluded from the	7503
calculation of the maximum amount to be charged, under division	7504
(D) of section 4141.24 and section 4141.33 of the Revised Code,	7505
against the accounts of the individual's base period employers. In	7506
addition, no benefits shall thereafter be paid to the individual	7507
based upon such excluded remuneration or noncredited qualifying	7508
weeks.	7509

For purposes of division (D)(2)(e) of this section,	7510
"dishonesty" means the commission of substantive theft, fraud, or	7511
deceitful acts.	7512

(E) No individual otherwise qualified to receive benefits	7513
shall lose the right to benefits by reason of a refusal to accept	7514
new work if:	7515

(1) As a condition of being so employed the individual would	7516
be required to join a company union, or to resign from or refrain	7517
from joining any bona fide labor organization, or would be denied	7518
the right to retain membership in and observe the lawful rules of	7519
any such organization.	7520

(2) The position offered is vacant due directly to a strike,	7521
lockout, or other labor dispute.	7522

(3) The work is at an unreasonable distance from the	7523
individual's residence, having regard to the character of the work	7524
the individual has been accustomed to do, and travel to the place	7525
of work involves expenses substantially greater than that required	7526
for the individual's former work, unless the expense is provided	7527
for.	7528

(4) The remuneration, hours, or other conditions of the work	7529
offered are substantially less favorable to the individual than	7530
those prevailing for similar work in the locality.	7531

(F) Subject to the special exceptions contained in division	7532
(A)(4)(f) of this section and section 4141.301 of the Revised	7533
Code, in determining whether any work is suitable for a claimant	7534
in the administration of this chapter, the director, in addition	7535
to the determination required under division (E) of this section,	7536
shall consider the degree of risk to the claimant's health,	7537
safety, and morals, the individual's physical fitness for the	7538
work, the individual's prior training and experience, the length	7539
of the individual's unemployment, the distance of the available	7540
work from the individual's residence, and the individual's	7541
prospects for obtaining local work.	7542

(G) The "duration of unemployment" as used in this section	7543
means the full period of unemployment next ensuing after a	7544
separation from any base period or subsequent work and until an	7545
individual has become reemployed in employment subject to this	7546
chapter, or the unemployment compensation act of another state, or	7547
of the United States, and until such individual has worked six	7548
weeks and for those weeks has earned or been paid remuneration	7549
equal to six times an average weekly wage of not less than:	7550
eighty-five dollars and ten cents per week beginning on June 26,	7551
1990; and beginning on and after January 1, 1992, twenty-seven and	7552
one-half per cent of the statewide average weekly wage as computed	7553
each first day of January under division (B)(3) of section 4141.30	7554
of the Revised Code, rounded down to the nearest dollar, except	7555
for purposes of division (D)(2)(c) of this section, such term	7556
means the full period of unemployment next ensuing after a	7557
separation from such work and until such individual has become	7558
reemployed subject to the terms set forth above, and has earned	7559
wages equal to one-half of the individual's average weekly wage or	7560
sixty dollars, whichever is less.	7561

(H) If a claimant is disqualified under division (D)(2)(a),	7562
(c), or (d) of this section or found to be qualified under the	7563
exceptions provided in division (D)(2)(a)(i), (iii), or (iv) of	7564
this section or division (A)(2) of section 4141.291 of the Revised	7565
Code, then benefits that may become payable to such claimant,	7566
which are chargeable to the account of the employer from whom the	7567
individual was separated under such conditions, shall be charged	7568
to the mutualized account provided in section 4141.25 of the	7569
Revised Code, provided that no charge shall be made to the	7570
mutualized account for benefits chargeable to a reimbursing	7571
employer, except as provided in division (D)(2) of section 4141.24	7572
of the Revised Code. In the case of a reimbursing employer, the	7573
director shall refund or credit to the account of the reimbursing	7574
employer any over-paid benefits that are recovered under division	7575
(B) of section 4141.35 of the Revised Code. Amounts chargeable to	7576
other states, the United States, or Canada that are subject to	7577
agreements and arrangements that are established pursuant to	7578
section 4141.43 of the Revised Code shall be credited or	7579
reimbursed according to the agreements and arrangements to which	7580
the chargeable amounts are subject.	7581

(I)(1) Benefits based on service in employment as provided in	7582
divisions (B)(2)(a) and (b) of section 4141.01 of the Revised Code	7583
shall be payable in the same amount, on the same terms, and	7584
subject to the same conditions as benefits payable on the basis of	7585
other service subject to this chapter; except that after December	7586
31, 1977:	7587

(a) Benefits based on service in an instructional, research,	7588
or principal administrative capacity in an institution of higher	7589
education, as defined in division (Y) of section 4141.01 of the	7590
Revised Code; or for an educational institution as defined in	7591
division (CC) of section 4141.01 of the Revised Code, shall not be	7592
paid to any individual for any week of unemployment that begins	7593
during the period between two successive academic years or terms,	7594
or during a similar period between two regular but not successive	7595
terms or during a period of paid sabbatical leave provided for in	7596
the individual's contract, if the individual performs such	7597
services in the first of those academic years or terms and has a	7598
contract or a reasonable assurance that the individual will	7599
perform services in any such capacity for any such institution in	7600
the second of those academic years or terms.	7601

(b) Benefits based on service for an educational institution	7602
or an institution of higher education in other than an	7603
instructional, research, or principal administrative capacity,	7604
shall not be paid to any individual for any week of unemployment	7605
which begins during the period between two successive academic	7606
years or terms of the employing educational institution or	7607
institution of higher education, provided the individual performed	7608
those services for the educational institution or institution of	7609
higher education during the first such academic year or term and,	7610
there is a reasonable assurance that such individual will perform	7611
those services for any educational institution or institution of	7612
higher education in the second of such academic years or terms.	7613

If compensation is denied to any individual for any week	7614
under division (I)(1)(b) of this section and the individual was	7615
not offered an opportunity to perform those services for an	7616
institution of higher education or for an educational institution	7617
for the second of such academic years or terms, the individual is	7618
entitled to a retroactive payment of compensation for each week	7619
for which the individual timely filed a claim for compensation and	7620
for which compensation was denied solely by reason of division	7621
(I)(1)(b) of this section. An application for retroactive benefits	7622
shall be timely filed if received by the director or the	7623
director's deputy within or prior to the end of the fourth full	7624
calendar week after the end of the period for which benefits were	7625
denied because of reasonable assurance of employment. The	7626
provision for the payment of retroactive benefits under division	7627
(I)(1)(b) of this section is applicable to weeks of unemployment	7628
beginning on and after November 18, 1983. The provisions under	7629
division (I)(1)(b) of this section shall be retroactive to	7630
September 5, 1982, only if, as a condition for full tax credit	7631
against the tax imposed by the "Federal Unemployment Tax Act," 53	7632
Stat. 183 (1939), 26 U.S.C.A. 3301 to 3311, the United States	7633
secretary of labor determines that retroactivity is required by	7634
federal law.	7635

(c) With respect to weeks of unemployment beginning after	7636
December 31, 1977, benefits shall be denied to any individual for	7637
any week which commences during an established and customary	7638
vacation period or holiday recess, if the individual performs any	7639
services described in divisions (I)(1)(a) and (b) of this section	7640
in the period immediately before the vacation period or holiday	7641
recess, and there is a reasonable assurance that the individual	7642
will perform any such services in the period immediately following	7643
the vacation period or holiday recess.	7644

(d) With respect to any services described in division	7645
(I)(1)(a), (b), or (c) of this section, benefits payable on the	7646
basis of services in any such capacity shall be denied as	7647
specified in division (I)(1)(a), (b), or (c) of this section to	7648
any individual who performs such services in an educational	7649
institution or institution of higher education while in the employ	7650
of an educational service agency. For this purpose, the term	7651
"educational service agency" means a governmental agency or	7652
governmental entity that is established and operated exclusively	7653
for the purpose of providing services to one or more educational	7654
institutions or one or more institutions of higher education.	7655

(e) Any individual employed by a public school district or a	7656
county board of ~~mental retardation~~developmental disabilities	7657
shall be notified by the thirtieth day of April each year if the	7658
individual is not to be reemployed the following academic year.	7659

(2) No disqualification will be imposed, between academic	7660
years or terms or during a vacation period or holiday recess under	7661
this division, unless the director or the director's deputy has	7662
received a statement in writing from the educational institution	7663
or institution of higher education that the claimant has a	7664
contract for, or a reasonable assurance of, reemployment for the	7665
ensuing academic year or term.	7666

(3) If an individual has employment with an educational	7667
institution or an institution of higher education and employment	7668
with a noneducational employer, during the base period of the	7669
individual's benefit year, then the individual may become eligible	7670
for benefits during the between-term, or vacation or holiday	7671
recess, disqualification period, based on employment performed for	7672
the noneducational employer, provided that the employment is	7673
sufficient to qualify the individual for benefit rights separately	7674
from the benefit rights based on school employment. The weekly	7675
benefit amount and maximum benefits payable during a	7676
disqualification period shall be computed based solely on the	7677
nonschool employment.	7678

(J) Benefits shall not be paid on the basis of employment	7679
performed by an alien, unless the alien had been lawfully admitted	7680
to the United States for permanent residence at the time the	7681
services were performed, was lawfully present for purposes of	7682
performing the services, or was otherwise permanently residing in	7683
the United States under color of law at the time the services were	7684
performed, under section 212(d)(5) of the "Immigration and	7685
Nationality Act," 66 Stat. 163, 8 U.S.C.A. 1101:	7686

(1) Any data or information required of individuals applying	7687
for benefits to determine whether benefits are not payable to them	7688
because of their alien status shall be uniformly required from all	7689
applicants for benefits.	7690

(2) In the case of an individual whose application for	7691
benefits would otherwise be approved, no determination that	7692
benefits to the individual are not payable because of the	7693
individual's alien status shall be made except upon a	7694
preponderance of the evidence that the individual had not, in	7695
fact, been lawfully admitted to the United States.	7696

(K) The director shall establish and utilize a system of	7697
profiling all new claimants under this chapter that:	7698

(1) Identifies which claimants will be likely to exhaust	7699
regular compensation and will need job search assistance services	7700
to make a successful transition to new employment;	7701

(2) Refers claimants identified pursuant to division (K)(1)	7702
of this section to reemployment services, such as job search	7703
assistance services, available under any state or federal law;	7704

(3) Collects follow-up information relating to the services	7705
received by such claimants and the employment outcomes for such	7706
claimant's subsequent to receiving such services and utilizes such	7707
information in making identifications pursuant to division (K)(1)	7708
of this section; and	7709

(4) Meets such other requirements as the United States	7710
secretary of labor determines are appropriate.	7711

Sec. 4511.21. (A) No person shall operate a motor vehicle,	7712
trackless trolley, or streetcar at a speed greater or less than is	7713
reasonable or proper, having due regard to the traffic, surface,	7714
and width of the street or highway and any other conditions, and	7715
no person shall drive any motor vehicle, trackless trolley, or	7716
streetcar in and upon any street or highway at a greater speed	7717
than will permit the person to bring it to a stop within the	7718
assured clear distance ahead.	7719

(B) It is prima-facie lawful, in the absence of a lower limit	7720
declared pursuant to this section by the director of	7721
transportation or local authorities, for the operator of a motor	7722
vehicle, trackless trolley, or streetcar to operate the same at a	7723
speed not exceeding the following:	7724

(1)(a) Twenty miles per hour in school zones during school	7725
recess and while children are going to or leaving school during	7726
the opening or closing hours, and when twenty miles per hour	7727
school speed limit signs are erected; except that, on	7728
controlled-access highways and expressways, if the right-of-way	7729
line fence has been erected without pedestrian opening, the speed	7730
shall be governed by division (B)(4) of this section and on	7731
freeways, if the right-of-way line fence has been erected without	7732
pedestrian opening, the speed shall be governed by divisions	7733
(B)(9) and (10) of this section. The end of every school zone may	7734
be marked by a sign indicating the end of the zone. Nothing in	7735
this section or in the manual and specifications for a uniform	7736
system of traffic control devices shall be construed to require	7737
school zones to be indicated by signs equipped with flashing or	7738
other lights, or giving other special notice of the hours in which	7739
the school zone speed limit is in effect.	7740

(b) As used in this section and in section 4511.212 of the	7741
Revised Code, "school" means any school chartered under section	7742
3301.16 of the Revised Code and any nonchartered school that	7743
during the preceding year filed with the department of education	7744
in compliance with rule 3301-35-08 of the Ohio Administrative	7745
Code, a copy of the school's report for the parents of the	7746
school's pupils certifying that the school meets Ohio minimum	7747
standards for nonchartered, nontax-supported schools and presents	7748
evidence of this filing to the jurisdiction from which it is	7749
requesting the establishment of a school zone. "School" also	7750
includes a special elementary school that in writing requests the	7751
county engineer of the county in which the special elementary	7752
school is located to create a school zone at the location of that	7753
school. Upon receipt of such a written request, the county	7754
engineer shall create a school zone at that location by erecting	7755
the appropriate signs.	7756

(c) As used in this section, "school zone" means that portion	7757
of a street or highway passing a school fronting upon the street	7758
or highway that is encompassed by projecting the school property	7759
lines to the fronting street or highway, and also includes that	7760
portion of a state highway. Upon request from local authorities	7761
for streets and highways under their jurisdiction and that portion	7762
of a state highway under the jurisdiction of the director of	7763
transportation or a request from a county engineer in the case of	7764
a school zone for a special elementary school, the director may	7765
extend the traditional school zone boundaries. The distances in	7766
divisions (B)(1)(c)(i), (ii), and (iii) of this section shall not	7767
exceed three hundred feet per approach per direction and are	7768
bounded by whichever of the following distances or combinations	7769
thereof the director approves as most appropriate:	7770

(i) The distance encompassed by projecting the school	7771
building lines normal to the fronting highway and extending a	7772
distance of three hundred feet on each approach direction;	7773

(ii) The distance encompassed by projecting the school	7774
property lines intersecting the fronting highway and extending a	7775
distance of three hundred feet on each approach direction;	7776

(iii) The distance encompassed by the special marking of the	7777
pavement for a principal school pupil crosswalk plus a distance of	7778
three hundred feet on each approach direction of the highway.	7779

Nothing in this section shall be construed to invalidate the	7780
director's initial action on August 9, 1976, establishing all	7781
school zones at the traditional school zone boundaries defined by	7782
projecting school property lines, except when those boundaries are	7783
extended as provided in divisions (B)(1)(a) and (c) of this	7784
section.	7785

(d) As used in this division, "crosswalk" has the meaning	7786
given that term in division (LL)(2) of section 4511.01 of the	7787
Revised Code.	7788

The director may, upon request by resolution of the	7789
legislative authority of a municipal corporation, the board of	7790
trustees of a township, or a county board of ~~mental retardation~~	7791
~~and~~ developmental disabilities created pursuant to Chapter 5126.	7792
of the Revised Code, and upon submission by the municipal	7793
corporation, township, or county board of such engineering,	7794
traffic, and other information as the director considers	7795
necessary, designate a school zone on any portion of a state route	7796
lying within the municipal corporation, lying within the	7797
unincorporated territory of the township, or lying adjacent to the	7798
property of a school that is operated by such county board, that	7799
includes a crosswalk customarily used by children going to or	7800
leaving a school during recess and opening and closing hours,	7801
whenever the distance, as measured in a straight line, from the	7802
school property line nearest the crosswalk to the nearest point of	7803
the crosswalk is no more than one thousand three hundred twenty	7804
feet. Such a school zone shall include the distance encompassed by	7805
the crosswalk and extending three hundred feet on each approach	7806
direction of the state route.	7807

(e) As used in this section, "special elementary school"	7808
means a school that meets all of the following criteria:	7809

(i) It is not chartered and does not receive tax revenue from	7810
any source.	7811

(ii) It does not educate children beyond the eighth grade.

7812

(iii) It is located outside the limits of a municipal	7813
corporation.	7814

(iv) A majority of the total number of students enrolled at	7815
the school are not related by blood.	7816

(v) The principal or other person in charge of the special	7817
elementary school annually sends a report to the superintendent of	7818
the school district in which the special elementary school is	7819
located indicating the total number of students enrolled at the	7820
school, but otherwise the principal or other person in charge does	7821
not report any other information or data to the superintendent.	7822

(2) Twenty-five miles per hour in all other portions of a	7823
municipal corporation, except on state routes outside business	7824
districts, through highways outside business districts, and	7825
alleys;	7826

(3) Thirty-five miles per hour on all state routes or through	7827
highways within municipal corporations outside business districts,	7828
except as provided in divisions (B)(4) and (6) of this section;	7829

(4) Fifty miles per hour on controlled-access highways and	7830
expressways within municipal corporations;	7831

(5) Fifty-five miles per hour on highways outside municipal	7832
corporations, other than highways within island jurisdictions as	7833
provided in division (B)(8) of this section and freeways as	7834
provided in division (B)(13) of this section;	7835

(6) Fifty miles per hour on state routes within municipal	7836
corporations outside urban districts unless a lower prima-facie	7837
speed is established as further provided in this section;	7838

(7) Fifteen miles per hour on all alleys within the municipal	7839
corporation;	7840

(8) Thirty-five miles per hour on highways outside municipal	7841
corporations that are within an island jurisdiction;	7842

(9) Fifty-five miles per hour at all times on freeways with	7843
paved shoulders inside municipal corporations, other than freeways	7844
as provided in division (B)(13) of this section;	7845

(10) Fifty-five miles per hour at all times on freeways	7846
outside municipal corporations, other than freeways as provided in	7847
division (B)(13) of this section;	7848

(11) Fifty-five miles per hour at all times on all portions	7849
of freeways that are part of the interstate system and on all	7850
portions of freeways that are not part of the interstate system,	7851
but are built to the standards and specifications that are	7852
applicable to freeways that are part of the interstate system for	7853
operators of any motor vehicle weighing in excess of eight	7854
thousand pounds empty weight and any noncommercial bus;	7855

(12) Fifty-five miles per hour for operators of any motor	7856
vehicle weighing eight thousand pounds or less empty weight and	7857
any commercial bus at all times on all portions of freeways that	7858
are part of the interstate system and that had such a speed limit	7859
established prior to October 1, 1995, and freeways that are not	7860
part of the interstate system, but are built to the standards and	7861
specifications that are applicable to freeways that are part of	7862
the interstate system and that had such a speed limit established	7863
prior to October 1, 1995, unless a higher speed limit is	7864
established under division (L) of this section;	7865

(13) Sixty-five miles per hour for operators of any motor	7866
vehicle weighing eight thousand pounds or less empty weight and	7867
any commercial bus at all times on all portions of the following:	7868

(a) Freeways that are part of the interstate system and that	7869
had such a speed limit established prior to October 1, 1995, and	7870
freeways that are not part of the interstate system, but are built	7871
to the standards and specifications that are applicable to	7872
freeways that are part of the interstate system and that had such	7873
a speed limit established prior to October 1, 1995;	7874

(b) Freeways that are part of the interstate system and	7875
freeways that are not part of the interstate system but are built	7876
to the standards and specifications that are applicable to	7877
freeways that are part of the interstate system, and that had such	7878
a speed limit established under division (L) of this section;	7879

(c) Rural, divided, multi-lane highways that are designated	7880
as part of the national highway system under the "National Highway	7881
System Designation Act of 1995," 109 Stat. 568, 23 U.S.C.A. 103,	7882
and that had such a speed limit established under division (M) of	7883
this section.	7884

(C) It is prima-facie unlawful for any person to exceed any	7885
of the speed limitations in divisions (B)(1)(a), (2), (3), (4),	7886
(6), (7), and (8) of this section, or any declared pursuant to	7887
this section by the director or local authorities and it is	7888
unlawful for any person to exceed any of the speed limitations in	7889
division (D) of this section. No person shall be convicted of more	7890
than one violation of this section for the same conduct, although	7891
violations of more than one provision of this section may be	7892
charged in the alternative in a single affidavit.	7893

(D) No person shall operate a motor vehicle, trackless	7894
trolley, or streetcar upon a street or highway as follows:	7895

(1) At a speed exceeding fifty-five miles per hour, except	7896
upon a freeway as provided in division (B)(13) of this section;	7897

(2) At a speed exceeding sixty-five miles per hour upon a	7898
freeway as provided in division (B)(13) of this section except as	7899
otherwise provided in division (D)(3) of this section;	7900

(3) If a motor vehicle weighing in excess of eight thousand	7901
pounds empty weight or a noncommercial bus as prescribed in	7902
division (B)(11) of this section, at a speed exceeding fifty-five	7903
miles per hour upon a freeway as provided in that division;	7904

(4) At a speed exceeding the posted speed limit upon a	7905
freeway for which the director has determined and declared a speed	7906
limit of not more than sixty-five miles per hour pursuant to	7907
division (L)(2) or (M) of this section;	7908

(5) At a speed exceeding sixty-five miles per hour upon a	7909
freeway for which such a speed limit has been established through	7910
the operation of division (L)(3) of this section;	7911

(6) At a speed exceeding the posted speed limit upon a	7912
freeway for which the director has determined and declared a speed	7913
limit pursuant to division (I)(2) of this section.	7914

(E) In every charge of violation of this section the	7915
affidavit and warrant shall specify the time, place, and speed at	7916
which the defendant is alleged to have driven, and in charges made	7917
in reliance upon division (C) of this section also the speed which	7918
division (B)(1)(a), (2), (3), (4), (6), (7), or (8) of, or a limit	7919
declared pursuant to, this section declares is prima-facie lawful	7920
at the time and place of such alleged violation, except that in	7921
affidavits where a person is alleged to have driven at a greater	7922
speed than will permit the person to bring the vehicle to a stop	7923
within the assured clear distance ahead the affidavit and warrant	7924
need not specify the speed at which the defendant is alleged to	7925
have driven.	7926

(F) When a speed in excess of both a prima-facie limitation	7927
and a limitation in division (D)(1), (2), (3), (4), (5), or (6) of	7928
this section is alleged, the defendant shall be charged in a	7929
single affidavit, alleging a single act, with a violation	7930
indicated of both division (B)(1)(a), (2), (3), (4), (6), (7), or	7931
(8) of this section, or of a limit declared pursuant to this	7932
section by the director or local authorities, and of the	7933
limitation in division (D)(1), (2), (3), (4), (5), or (6) of this	7934
section. If the court finds a violation of division (B)(1)(a),	7935
(2), (3), (4), (6), (7), or (8) of, or a limit declared pursuant	7936
to, this section has occurred, it shall enter a judgment of	7937
conviction under such division and dismiss the charge under	7938
division (D)(1), (2), (3), (4), (5), or (6) of this section. If it	7939
finds no violation of division (B)(1)(a), (2), (3), (4), (6), (7),	7940
or (8) of, or a limit declared pursuant to, this section, it shall	7941
then consider whether the evidence supports a conviction under	7942
division (D)(1), (2), (3), (4), (5), or (6) of this section.	7943

(G) Points shall be assessed for violation of a limitation	7944
under division (D) of this section in accordance with section	7945
4510.036 of the Revised Code.	7946

(H) Whenever the director determines upon the basis of a	7947
geometric and traffic characteristic study that any speed limit	7948
set forth in divisions (B)(1)(a) to (D) of this section is greater	7949
or less than is reasonable or safe under the conditions found to	7950
exist at any portion of a street or highway under the jurisdiction	7951
of the director, the director shall determine and declare a	7952
reasonable and safe prima-facie speed limit, which shall be	7953
effective when appropriate signs giving notice of it are erected	7954
at the location.	7955

(I)(1) Except as provided in divisions (I)(2) and (K) of this	7956
section, whenever local authorities determine upon the basis of an	7957
engineering and traffic investigation that the speed permitted by	7958
divisions (B)(1)(a) to (D) of this section, on any part of a	7959
highway under their jurisdiction, is greater than is reasonable	7960
and safe under the conditions found to exist at such location, the	7961
local authorities may by resolution request the director to	7962
determine and declare a reasonable and safe prima-facie speed	7963
limit. Upon receipt of such request the director may determine and	7964
declare a reasonable and safe prima-facie speed limit at such	7965
location, and if the director does so, then such declared speed	7966
limit shall become effective only when appropriate signs giving	7967
notice thereof are erected at such location by the local	7968
authorities. The director may withdraw the declaration of a	7969
prima-facie speed limit whenever in the director's opinion the	7970
altered prima-facie speed becomes unreasonable. Upon such	7971
withdrawal, the declared prima-facie speed shall become	7972
ineffective and the signs relating thereto shall be immediately	7973
removed by the local authorities.	7974

(2) A local authority may determine on the basis of a	7975
geometric and traffic characteristic study that the speed limit of	7976
sixty-five miles per hour on a portion of a freeway under its	7977
jurisdiction that was established through the operation of	7978
division (L)(3) of this section is greater than is reasonable or	7979
safe under the conditions found to exist at that portion of the	7980
freeway. If the local authority makes such a determination, the	7981
local authority by resolution may request the director to	7982
determine and declare a reasonable and safe speed limit of not	7983
less than fifty-five miles per hour for that portion of the	7984
freeway. If the director takes such action, the declared speed	7985
limit becomes effective only when appropriate signs giving notice	7986
of it are erected at such location by the local authority.	7987

(J) Local authorities in their respective jurisdictions may	7988
authorize by ordinance higher prima-facie speeds than those stated	7989
in this section upon through highways, or upon highways or	7990
portions thereof where there are no intersections, or between	7991
widely spaced intersections, provided signs are erected giving	7992
notice of the authorized speed, but local authorities shall not	7993
modify or alter the basic rule set forth in division (A) of this	7994
section or in any event authorize by ordinance a speed in excess	7995
of fifty miles per hour.	7996

Alteration of prima-facie limits on state routes by local	7997
authorities shall not be effective until the alteration has been	7998
approved by the director. The director may withdraw approval of	7999
any altered prima-facie speed limits whenever in the director's	8000
opinion any altered prima-facie speed becomes unreasonable, and	8001
upon such withdrawal, the altered prima-facie speed shall become	8002
ineffective and the signs relating thereto shall be immediately	8003
removed by the local authorities.	8004

(K)(1) As used in divisions (K)(1), (2), (3), and (4) of this	8005
section, "unimproved highway" means a highway consisting of any of	8006
the following:	8007

(a) Unimproved earth;

8008

(b) Unimproved graded and drained earth;

8009

8010

(2) Except as otherwise provided in divisions (K)(4) and (5)	8011
of this section, whenever a board of township trustees determines	8012
upon the basis of an engineering and traffic investigation that	8013
the speed permitted by division (B)(5) of this section on any part	8014
of an unimproved highway under its jurisdiction and in the	8015
unincorporated territory of the township is greater than is	8016
reasonable or safe under the conditions found to exist at the	8017
location, the board may by resolution declare a reasonable and	8018
safe prima-facie speed limit of fifty-five but not less than	8019
twenty-five miles per hour. An altered speed limit adopted by a	8020
board of township trustees under this division becomes effective	8021
when appropriate traffic control devices, as prescribed in section	8022
4511.11 of the Revised Code, giving notice thereof are erected at	8023
the location, which shall be no sooner than sixty days after	8024
adoption of the resolution.	8025

(3)(a) Whenever, in the opinion of a board of township	8026
trustees, any altered prima-facie speed limit established by the	8027
board under this division becomes unreasonable, the board may	8028
adopt a resolution withdrawing the altered prima-facie speed	8029
limit. Upon the adoption of such a resolution, the altered	8030
prima-facie speed limit becomes ineffective and the traffic	8031
control devices relating thereto shall be immediately removed.	8032

(b) Whenever a highway ceases to be an unimproved highway and	8033
the board has adopted an altered prima-facie speed limit pursuant	8034
to division (K)(2) of this section, the board shall, by	8035
resolution, withdraw the altered prima-facie speed limit as soon	8036
as the highway ceases to be unimproved. Upon the adoption of such	8037
a resolution, the altered prima-facie speed limit becomes	8038
ineffective and the traffic control devices relating thereto shall	8039
be immediately removed.	8040

(4)(a) If the boundary of two townships rests on the	8041
centerline of an unimproved highway in unincorporated territory	8042
and both townships have jurisdiction over the highway, neither of	8043
the boards of township trustees of such townships may declare an	8044
altered prima-facie speed limit pursuant to division (K)(2) of	8045
this section on the part of the highway under their joint	8046
jurisdiction unless the boards of township trustees of both of the	8047
townships determine, upon the basis of an engineering and traffic	8048
investigation, that the speed permitted by division (B)(5) of this	8049
section is greater than is reasonable or safe under the conditions	8050
found to exist at the location and both boards agree upon a	8051
reasonable and safe prima-facie speed limit of less than	8052
fifty-five but not less than twenty-five miles per hour for that	8053
location. If both boards so agree, each shall follow the procedure	8054
specified in division (K)(2) of this section for altering the	8055
prima-facie speed limit on the highway. Except as otherwise	8056
provided in division (K)(4)(b) of this section, no speed limit	8057
altered pursuant to division (K)(4)(a) of this section may be	8058
withdrawn unless the boards of township trustees of both townships	8059
determine that the altered prima-facie speed limit previously	8060
adopted becomes unreasonable and each board adopts a resolution	8061
withdrawing the altered prima-facie speed limit pursuant to the	8062
procedure specified in division (K)(3)(a) of this section.	8063

(b) Whenever a highway described in division (K)(4)(a) of	8064
this section ceases to be an unimproved highway and two boards of	8065
township trustees have adopted an altered prima-facie speed limit	8066
pursuant to division (K)(4)(a) of this section, both boards shall,	8067
by resolution, withdraw the altered prima-facie speed limit as	8068
soon as the highway ceases to be unimproved. Upon the adoption of	8069
the resolution, the altered prima-facie speed limit becomes	8070
ineffective and the traffic control devices relating thereto shall	8071
be immediately removed.	8072

(5) As used in division (K)(5) of this section:

8073

(a) "Commercial subdivision" means any platted territory	8074
outside the limits of a municipal corporation and fronting a	8075
highway where, for a distance of three hundred feet or more, the	8076
frontage is improved with buildings in use for commercial	8077
purposes, or where the entire length of the highway is less than	8078
three hundred feet long and the frontage is improved with	8079
buildings in use for commercial purposes.	8080

(b) "Residential subdivision" means any platted territory	8081
outside the limits of a municipal corporation and fronting a	8082
highway, where, for a distance of three hundred feet or more, the	8083
frontage is improved with residences or residences and buildings	8084
in use for business, or where the entire length of the highway is	8085
less than three hundred feet long and the frontage is improved	8086
with residences or residences and buildings in use for business.	8087

Whenever a board of township trustees finds upon the basis of	8088
an engineering and traffic investigation that the prima-facie	8089
speed permitted by division (B)(5) of this section on any part of	8090
a highway under its jurisdiction that is located in a commercial	8091
or residential subdivision, except on highways or portions thereof	8092
at the entrances to which vehicular traffic from the majority of	8093
intersecting highways is required to yield the right-of-way to	8094
vehicles on such highways in obedience to stop or yield signs or	8095
traffic control signals, is greater than is reasonable and safe	8096
under the conditions found to exist at the location, the board may	8097
by resolution declare a reasonable and safe prima-facie speed	8098
limit of less than fifty-five but not less than twenty-five miles	8099
per hour at the location. An altered speed limit adopted by a	8100
board of township trustees under this division shall become	8101
effective when appropriate signs giving notice thereof are erected	8102
at the location by the township. Whenever, in the opinion of a	8103
board of township trustees, any altered prima-facie speed limit	8104
established by it under this division becomes unreasonable, it may	8105
adopt a resolution withdrawing the altered prima-facie speed, and	8106
upon such withdrawal, the altered prima-facie speed shall become	8107
ineffective, and the signs relating thereto shall be immediately	8108
removed by the township.	8109

(L)(1) Within one hundred twenty days of February 29, 1996,	8110
the director of transportation, based upon a geometric and traffic	8111
characteristic study of a freeway that is part of the interstate	8112
system or that is not part of the interstate system, but is built	8113
to the standards and specifications that are applicable to	8114
freeways that are part of the interstate system, in consultation	8115
with the director of public safety and, if applicable, the local	8116
authority having jurisdiction over a portion of such freeway, may	8117
determine and declare that the speed limit of less than sixty-five	8118
miles per hour established on such freeway or portion of freeway	8119
either is reasonable and safe or is less than that which is	8120
reasonable and safe.	8121

(2) If the established speed limit for such a freeway or	8122
portion of freeway is determined to be less than that which is	8123
reasonable and safe, the director of transportation, in	8124
consultation with the director of public safety and, if	8125
applicable, the local authority having jurisdiction over the	8126
portion of freeway, shall determine and declare a reasonable and	8127
safe speed limit of not more than sixty-five miles per hour for	8128
that freeway or portion of freeway.	8129

The director of transportation or local authority having	8130
jurisdiction over the freeway or portion of freeway shall erect	8131
appropriate signs giving notice of the speed limit at such	8132
location within one hundred fifty days of February 29, 1996. Such	8133
speed limit becomes effective only when such signs are erected at	8134
the location.	8135

(3) If, within one hundred twenty days of February 29, 1996,	8136
the director of transportation does not make a determination and	8137
declaration of a reasonable and safe speed limit for a freeway or	8138
portion of freeway that is part of the interstate system or that	8139
is not part of the interstate system, but is built to the	8140
standards and specifications that are applicable to freeways that	8141
are part of the interstate system and that has a speed limit of	8142
less than sixty-five miles per hour, the speed limit on that	8143
freeway or portion of a freeway shall be sixty-five miles per	8144
hour. The director of transportation or local authority having	8145
jurisdiction over the freeway or portion of the freeway shall	8146
erect appropriate signs giving notice of the speed limit of	8147
sixty-five miles per hour at such location within one hundred	8148
fifty days of February 29, 1996. Such speed limit becomes	8149
effective only when such signs are erected at the location. A	8150
speed limit established through the operation of division (L)(3)	8151
of this section is subject to reduction under division (I)(2) of	8152
this section.	8153

(M) Within three hundred sixty days after February 29, 1996,	8154
the director of transportation, based upon a geometric and traffic	8155
characteristic study of a rural, divided, multi-lane highway that	8156
has been designated as part of the national highway system under	8157
the "National Highway System Designation Act of 1995," 109 Stat.	8158
568, 23 U.S.C.A. 103, in consultation with the director of public	8159
safety and, if applicable, the local authority having jurisdiction	8160
over a portion of the highway, may determine and declare that the	8161
speed limit of less than sixty-five miles per hour established on	8162
the highway or portion of highway either is reasonable and safe or	8163
is less than that which is reasonable and safe.	8164

If the established speed limit for the highway or portion of	8165
highway is determined to be less than that which is reasonable and	8166
safe, the director of transportation, in consultation with the	8167
director of public safety and, if applicable, the local authority	8168
having jurisdiction over the portion of highway, shall determine	8169
and declare a reasonable and safe speed limit of not more than	8170
sixty-five miles per hour for that highway or portion of highway.	8171
The director of transportation or local authority having	8172
jurisdiction over the highway or portion of highway shall erect	8173
appropriate signs giving notice of the speed limit at such	8174
location within three hundred ninety days after February 29, 1996.	8175
The speed limit becomes effective only when such signs are erected	8176
at the location.	8177

(N)(1)(a) If the boundary of two local authorities rests on	8178
the centerline of a highway and both authorities have jurisdiction	8179
over the highway, the speed limit for the part of the highway	8180
within their joint jurisdiction shall be either one of the	8181
following as agreed to by both authorities:	8182

(i) Either prima-facie speed limit permitted by division (B)	8183
of this section;	8184

(ii) An altered speed limit determined and posted in	8185
accordance with this section.	8186

(b) If the local authorities are unable to reach an	8187
agreement, the speed limit shall remain as established and posted	8188
under this section.	8189

(2) Neither local authority may declare an altered	8190
prima-facie speed limit pursuant to this section on the part of	8191
the highway under their joint jurisdiction unless both of the	8192
local authorities determine, upon the basis of an engineering and	8193
traffic investigation, that the speed permitted by this section is	8194
greater than is reasonable or safe under the conditions found to	8195
exist at the location and both authorities agree upon a uniform	8196
reasonable and safe prima-facie speed limit of less than	8197
fifty-five but not less than twenty-five miles per hour for that	8198
location. If both authorities so agree, each shall follow the	8199
procedure specified in this section for altering the prima-facie	8200
speed limit on the highway, and the speed limit for the part of	8201
the highway within their joint jurisdiction shall be uniformly	8202
altered. No altered speed limit may be withdrawn unless both local	8203
authorities determine that the altered prima-facie speed limit	8204
previously adopted becomes unreasonable and each adopts a	8205
resolution withdrawing the altered prima-facie speed limit	8206
pursuant to the procedure specified in this section.	8207

(O) As used in this section:

8208

(1) "Interstate system" has the same meaning as in 23	8209
U.S.C.A. 101.	8210

(2) "Commercial bus" means a motor vehicle designed for	8211
carrying more than nine passengers and used for the transportation	8212
of persons for compensation.	8213

(3) "Noncommercial bus" includes but is not limited to a	8214
school bus or a motor vehicle operated solely for the	8215
transportation of persons associated with a charitable or	8216
nonprofit organization.	8217

(P)(1) A violation of any provision of this section is one of	8218
the following:	8219

(a) Except as otherwise provided in divisions (P)(1)(b),	8220
(1)(c), (2), and (3) of this section, a minor misdemeanor;	8221

(b) If, within one year of the offense, the offender	8222
previously has been convicted of or pleaded guilty to two	8223
violations of any provision of this section or of any provision of	8224
a municipal ordinance that is substantially similar to any	8225
provision of this section, a misdemeanor of the fourth degree;	8226

(c) If, within one year of the offense, the offender	8227
previously has been convicted of or pleaded guilty to three or	8228
more violations of any provision of this section or of any	8229
provision of a municipal ordinance that is substantially similar	8230
to any provision of this section, a misdemeanor of the third	8231
degree.	8232

(2) If the offender has not previously been convicted of or	8233
pleaded guilty to a violation of any provision of this section or	8234
of any provision of a municipal ordinance that is substantially	8235
similar to this section and operated a motor vehicle faster than	8236
thirty-five miles an hour in a business district of a municipal	8237
corporation, faster than fifty miles an hour in other portions of	8238
a municipal corporation, or faster than thirty-five miles an hour	8239
in a school zone during recess or while children are going to or	8240
leaving school during the school's opening or closing hours, a	8241
misdemeanor of the fourth degree.	8242

(3) Notwithstanding division (P)(1) of this section, if the	8243
offender operated a motor vehicle in a construction zone where a	8244
sign was then posted in accordance with section 4511.98 of the	8245
Revised Code, the court, in addition to all other penalties	8246
provided by law, shall impose upon the offender a fine of two	8247
times the usual amount imposed for the violation. No court shall	8248
impose a fine of two times the usual amount imposed for the	8249
violation upon an offender if the offender alleges, in an	8250
affidavit filed with the court prior to the offender's sentencing,	8251
that the offender is indigent and is unable to pay the fine	8252
imposed pursuant to this division and if the court determines that	8253
the offender is an indigent person and unable to pay the fine.	8254

Sec. 4511.75. (A) The driver of a vehicle, streetcar, or	8255
trackless trolley upon meeting or overtaking from either direction	8256
any school bus stopped for the purpose of receiving or discharging	8257
any school child, person attending programs offered by community	8258
boards of mental health and county boards of ~~mental retardation~~	8259
~~and~~ developmental disabilities, or child attending a program	8260
offered by a head start agency, shall stop at least ten feet from	8261
the front or rear of the school bus and shall not proceed until	8262
such school bus resumes motion, or until signaled by the school	8263
bus driver to proceed.	8264

It is no defense to a charge under this division that the	8265
school bus involved failed to display or be equipped with an	8266
automatically extended stop warning sign as required by division	8267
(B) of this section.	8268

(B) Every school bus shall be equipped with amber and red	8269
visual signals meeting the requirements of section 4511.771 of the	8270
Revised Code, and an automatically extended stop warning sign of a	8271
type approved by the state board of education, which shall be	8272
actuated by the driver of the bus whenever but only whenever the	8273
bus is stopped or stopping on the roadway for the purpose of	8274
receiving or discharging school children, persons attending	8275
programs offered by community boards of mental health and county	8276
boards of ~~mental retardation and~~ developmental disabilities, or	8277
children attending programs offered by head start agencies. A	8278
school bus driver shall not actuate the visual signals or the stop	8279
warning sign in designated school bus loading areas where the bus	8280
is entirely off the roadway or at school buildings when children	8281
or persons attending programs offered by community boards of	8282
mental health and county boards of ~~mental retardation and~~	8283
developmental disabilities are loading or unloading at curbside or	8284
at buildings when children attending programs offered by head	8285
start agencies are loading or unloading at curbside. The visual	8286
signals and stop warning sign shall be synchronized or otherwise	8287
operated as required by rule of the board.	8288

(C) Where a highway has been divided into four or more	8289
traffic lanes, a driver of a vehicle, streetcar, or trackless	8290
trolley need not stop for a school bus approaching from the	8291
opposite direction which has stopped for the purpose of receiving	8292
or discharging any school child, persons attending programs	8293
offered by community boards of mental health and county boards of	8294
~~mental retardation and~~ developmental disabilities, or children	8295
attending programs offered by head start agencies. The driver of	8296
any vehicle, streetcar, or trackless trolley overtaking the school	8297
bus shall comply with division (A) of this section.	8298

(D) School buses operating on divided highways or on highways	8299
with four or more traffic lanes shall receive and discharge all	8300
school children, persons attending programs offered by community	8301
boards of mental health and county boards of ~~mental retardation~~	8302
~~and~~ developmental disabilities, and children attending programs	8303
offered by head start agencies on their residence side of the	8304
highway.	8305

(E) No school bus driver shall start the driver's bus until	8306
after any child, person attending programs offered by community	8307
boards of mental health and county boards of ~~mental retardation~~	8308
~~and~~ developmental disabilities, or child attending a program	8309
offered by a head start agency who may have alighted therefrom has	8310
reached a place of safety on the child's or person's residence	8311
side of the road.	8312

(F)(1) Whoever violates division (A) of this section may be	8313
fined an amount not to exceed five hundred dollars. A person who	8314
is issued a citation for a violation of division (A) of this	8315
section is not permitted to enter a written plea of guilty and	8316
waive the person's right to contest the citation in a trial but	8317
instead must appear in person in the proper court to answer the	8318
charge.	8319

(2) In addition to and independent of any other penalty	8320
provided by law, the court or mayor may impose upon an offender	8321
who violates this section a class seven suspension of the	8322
offender's driver's license, commercial driver's license,	8323
temporary instruction permit, probationary license, or nonresident	8324
operating privilege from the range specified in division (A)(7) of	8325
section 4510.02 of the Revised Code. When a license is suspended	8326
under this section, the court or mayor shall cause the offender to	8327
deliver the license to the court, and the court or clerk of the	8328
court immediately shall forward the license to the registrar of	8329
motor vehicles, together with notice of the court's action.	8330

(G) As used in this section:

8331

(1) "Head start agency" has the same meaning as in section	8332
3301.32 of the Revised Code.	8333

(2) "School bus," as used in relation to children who attend	8334
a program offered by a head start agency, means a bus that is	8335
owned and operated by a head start agency, is equipped with an	8336
automatically extended stop warning sign of a type approved by the	8337
state board of education, is painted the color and displays the	8338
markings described in section 4511.77 of the Revised Code, and is	8339
equipped with amber and red visual signals meeting the	8340
requirements of section 4511.771 of the Revised Code, irrespective	8341
of whether or not the bus has fifteen or more children aboard at	8342
any time. "School bus" does not include a van owned and operated	8343
by a head start agency, irrespective of its color, lights, or	8344
markings.	8345

Sec. 5101.35. (A) As used in this section:

8346

(1) "Agency" means the following entities that administer a	8347
family services program:	8348

(a) The department of job and family services;

8349

(b) A county department of job and family services;

8350

8351

(d) A private or government entity administering, in whole or	8352
in part, a family services program for or on behalf of the	8353
department of job and family services or a county department of	8354
job and family services or public children services agency.	8355

(2) "Appellant" means an applicant, participant, former	8356
participant, recipient, or former recipient of a family services	8357
program who is entitled by federal or state law to a hearing	8358
regarding a decision or order of the agency that administers the	8359
program.	8360

(3) "Family services program" means assistance provided under	8361
a Title IV-A program as defined in section 5101.80 of the Revised	8362
Code or under Chapter 5104., 5111., or 5115. or section 173.35,	8363
5101.141, 5101.46, 5101.461, 5101.54, 5153.163, or 5153.165 of the	8364
Revised Code, other than assistance provided under section 5101.46	8365
of the Revised Code by the department of mental health, the	8366
department of mental retardation and developmental disabilities, a	8367
board of alcohol, drug addiction, and mental health services, or a	8368
county board of ~~mental retardation and~~ developmental disabilities.	8369

(B) Except as provided by divisions (G) and (H) of this	8370
section, an appellant who appeals under federal or state law a	8371
decision or order of an agency administering a family services	8372
program shall, at the appellant's request, be granted a state	8373
hearing by the department of job and family services. This state	8374
hearing shall be conducted in accordance with rules adopted under	8375
this section. The state hearing shall be recorded, but neither the	8376
recording nor a transcript of the recording shall be part of the	8377
official record of the proceeding. A state hearing decision is	8378
binding upon the agency and department, unless it is reversed or	8379
modified on appeal to the director of job and family services or a	8380
court of common pleas.	8381

(C) Except as provided by division (G) of this section, an	8382
appellant who disagrees with a state hearing decision may make an	8383
administrative appeal to the director of job and family services	8384
in accordance with rules adopted under this section. This	8385
administrative appeal does not require a hearing, but the director	8386
or the director's designee shall review the state hearing decision	8387
and previous administrative action and may affirm, modify, remand,	8388
or reverse the state hearing decision. Any person designated to	8389
make an administrative appeal decision on behalf of the director	8390
shall have been admitted to the practice of law in this state. An	8391
administrative appeal decision is the final decision of the	8392
department and is binding upon the department and agency, unless	8393
it is reversed or modified on appeal to the court of common pleas.	8394

(D) An agency shall comply with a decision issued pursuant to	8395
division (B) or (C) of this section within the time limits	8396
established by rules adopted under this section. If a county	8397
department of job and family services or a public children	8398
services agency fails to comply within these time limits, the	8399
department may take action pursuant to section 5101.24 of the	8400
Revised Code. If another agency fails to comply within the time	8401
limits, the department may force compliance by withholding funds	8402
due the agency or imposing another sanction established by rules	8403
adopted under this section.	8404

(E) An appellant who disagrees with an administrative appeal	8405
decision of the director of job and family services or the	8406
director's designee issued under division (C) of this section may	8407
appeal from the decision to the court of common pleas pursuant to	8408
section 119.12 of the Revised Code. The appeal shall be governed	8409
by section 119.12 of the Revised Code except that:	8410

(1) The person may appeal to the court of common pleas of the	8411
county in which the person resides, or to the court of common	8412
pleas of Franklin county if the person does not reside in this	8413
state.	8414

(2) The person may apply to the court for designation as an	8415
indigent and, if the court grants this application, the appellant	8416
shall not be required to furnish the costs of the appeal.	8417

(3) The appellant shall mail the notice of appeal to the	8418
department of job and family services and file notice of appeal	8419
with the court within thirty days after the department mails the	8420
administrative appeal decision to the appellant. For good cause	8421
shown, the court may extend the time for mailing and filing notice	8422
of appeal, but such time shall not exceed six months from the date	8423
the department mails the administrative appeal decision. Filing	8424
notice of appeal with the court shall be the only act necessary to	8425
vest jurisdiction in the court.	8426

(4) The department shall be required to file a transcript of	8427
the testimony of the state hearing with the court only if the	8428
court orders the department to file the transcript. The court	8429
shall make such an order only if it finds that the department and	8430
the appellant are unable to stipulate to the facts of the case and	8431
that the transcript is essential to a determination of the appeal.	8432
The department shall file the transcript not later than thirty	8433
days after the day such an order is issued.	8434

(F) The department of job and family services shall adopt	8435
rules in accordance with Chapter 119. of the Revised Code to	8436
implement this section, including rules governing the following:	8437

(1) State hearings under division (B) of this section. The	8438
rules shall include provisions regarding notice of eligibility	8439
termination and the opportunity of an appellant appealing a	8440
decision or order of a county department of job and family	8441
services to request a county conference with the county department	8442
before the state hearing is held.	8443

(2) Administrative appeals under division (C) of this	8444
section;	8445

(3) Time limits for complying with a decision issued under	8446
division (B) or (C) of this section;	8447

(4) Sanctions that may be applied against an agency under	8448
division (D) of this section.	8449

(G) The department of job and family services may adopt rules	8450
in accordance with Chapter 119. of the Revised Code establishing	8451
an appeals process for an appellant who appeals a decision or	8452
order regarding a Title IV-A program identified under division	8453
(A)(4)(c), (d), (e), or (f) of section 5101.80 of the Revised Code	8454
that is different from the appeals process established by this	8455
section. The different appeals process may include having a state	8456
agency that administers the Title IV-A program pursuant to an	8457
interagency agreement entered into under section 5101.801 of the	8458
Revised Code administer the appeals process.	8459

(H) If an appellant receiving medicaid through a health	8460
insuring corporation that holds a certificate of authority under	8461
Chapter 1751. of the Revised Code is appealing a denial of	8462
medicaid services based on lack of medical necessity or other	8463
clinical issues regarding coverage by the health insuring	8464
corporation, the person hearing the appeal may order an	8465
independent medical review if that person determines that a review	8466
is necessary. The review shall be performed by a health care	8467
professional with appropriate clinical expertise in treating the	8468
recipient's condition or disease. The department shall pay the	8469
costs associated with the review.	8470

A review ordered under this division shall be part of the	8471
record of the hearing and shall be given appropriate evidentiary	8472
consideration by the person hearing the appeal.	8473

(I) The requirements of Chapter 119. of the Revised Code	8474
apply to a state hearing or administrative appeal under this	8475
section only to the extent, if any, specifically provided by rules	8476
adopted under this section.	8477

Sec. 5101.46. (A) As used in this section:

8478

(1) "Title XX" means Title XX of the "Social Security Act,"	8479
88 Stat. 2337 (1974), 42 U.S.C.A. 1397, as amended.	8480

(2) "Respective local agency" means, with respect to the	8481
department of job and family services, a county department of job	8482
and family services; with respect to the department of mental	8483
health, a board of alcohol, drug addiction, and mental health	8484
services; and with respect to the department of mental retardation	8485
and developmental disabilities, a county board of ~~mental~~	8486
~~retardation and~~ developmental disabilities.	8487

(3) "Federal poverty guidelines" means the poverty guidelines	8488
as revised annually by the United States department of health and	8489
human services in accordance with section 673(2) of the "Omnibus	8490
Budget Reconciliation Act of 1981," 95 Stat. 511, 42 U.S.C.A.	8491
9902, as amended, for a family size equal to the size of the	8492
family of the person whose income is being determined.	8493

(B) The departments of job and family services, mental	8494
health, and mental retardation and developmental disabilities,	8495
with their respective local agencies, shall administer the	8496
provision of social services funded through grants made under	8497
Title XX. The social services furnished with Title XX funds shall	8498
be directed at the following goals:	8499

(1) Achieving or maintaining economic self-support to	8500
prevent, reduce, or eliminate dependency;	8501

(2) Achieving or maintaining self-sufficiency, including	8502
reduction or prevention of dependency;	8503

(3) Preventing or remedying neglect, abuse, or exploitation	8504
of children and adults unable to protect their own interests, or	8505
preserving, rehabilitating, or reuniting families;	8506

(4) Preventing or reducing inappropriate institutional care	8507
by providing for community-based care, home-based care, or other	8508
forms of less intensive care;	8509

(5) Securing referral or admission for institutional care	8510
when other forms of care are not appropriate, or providing	8511
services to individuals in institutions.	8512

(C)(1) All federal funds received under Title XX shall be	8513
appropriated as follows:	8514

(a) Seventy-two and one-half per cent to the department of	8515
job and family services;	8516

(b) Twelve and ninety-three one-hundreths per cent to the	8517
department of mental health;	8518

(c) Fourteen and fifty-seven one-hundreths per cent to the	8519
department of mental retardation and developmental disabilities.	8520

(2) Each state department shall, subject to the approval of	8521
the controlling board, develop formulas for the distribution of	8522
their Title XX appropriations to their respective local agencies.	8523
The formulas shall take into account the total population of the	8524
area that is served by the agency, the percentage of the	8525
population in the area that falls below the federal poverty	8526
guidelines, and the agency's history of and ability to utilize	8527
Title XX funds.	8528

(3) Each of the state departments shall expend no more than	8529
three per cent of its Title XX appropriation for state	8530
administrative costs. Each of the department's respective local	8531
agencies shall expend no more than fourteen per cent of its Title	8532
XX appropriation for local administrative costs.	8533

(4) The department of job and family services shall expend no	8534
more than two per cent of its Title XX appropriation for the	8535
training of the following:	8536

(a) Employees of county departments of job and family	8537
services;	8538

(b) Providers of services under contract with the state	8539
departments' respective local agencies;	8540

(c) Employees of a public children services agency directly	8541
engaged in providing Title XX services.	8542

(D) The department of job and family services shall prepare a	8543
biennial comprehensive Title XX social services plan on the	8544
intended use of Title XX funds. The department shall develop a	8545
method for obtaining public comment during the development of the	8546
plan and following its completion.	8547

For each state fiscal year, the department of job and family	8548
services shall prepare a report on the actual use of Title XX	8549
funds. The department shall make the annual report available for	8550
public inspection.	8551

The departments of mental health and mental retardation and	8552
developmental disabilities shall prepare and submit to the	8553
department of job and family services the portions of each	8554
biennial plan and annual report that apply to services for mental	8555
health and mental retardation and developmental disabilities. Each	8556
respective local agency of the three state departments shall	8557
submit information as necessary for the preparation of biennial	8558
plans and annual reports.	8559

(E) Each county department shall adopt a county profile for	8560
the administration and provision of Title XX social services in	8561
the county. In developing its county profile, the county	8562
department shall take into consideration the comments and	8563
recommendations received from the public by the county family	8564
services planning committee pursuant to section 329.06 of the	8565
Revised Code. As part of its preparation of the county profile,	8566
the county department may prepare a local needs report analyzing	8567
the need for Title XX social services.	8568

The county department shall submit the county profile to the	8569
board of county commissioners for its review. Once the county	8570
profile has been approved by the board, the county department	8571
shall file a copy of the county profile with the department of job	8572
and family services. The department shall approve the county	8573
profile if the department determines the profile provides for the	8574
Title XX social services to meet the goals specified in division	8575
(B) of this section.	8576

(F) Any of the three state departments and their respective	8577
local agencies may require that an entity under contract to	8578
provide social services with Title XX funds submit to an audit on	8579
the basis of alleged misuse or improper accounting of funds. If an	8580
audit is required, the social services provider shall reimburse	8581
the state department or local agency for the cost it incurred in	8582
conducting the audit or having the audit conducted.	8583

If an audit demonstrates that a social services provider is	8584
responsible for one or more adverse findings, the provider shall	8585
reimburse the appropriate state department or its respective local	8586
agency the amount of the adverse findings. The amount shall not be	8587
reimbursed with Title XX funds received under this section. The	8588
three state departments and their respective local agencies may	8589
terminate or refuse to enter into a Title XX contract with a	8590
social services provider if there are adverse findings in an audit	8591
that are the responsibility of the provider.	8592

(G) The department of job and family services may adopt rules	8593
to implement and carry out the purposes of this section. Rules	8594
governing financial and operational matters of the department or	8595
matters between the department and county departments of job and	8596
family services shall be adopted as internal management rules in	8597
accordance with section 111.15 of the Revised Code. Rules	8598
governing eligibility for services, program participation, and	8599
other matters pertaining to applicants and participants shall be	8600
adopted in accordance with Chapter 119. of the Revised Code.	8601

Sec. 5101.611. If a county department of job and family	8602
services knows or has reasonable cause to believe that the subject	8603
of a report made under section 5101.61 or of an investigation	8604
conducted under sections 5101.62 to 5101.64 or on the initiative	8605
of the department is mentally retarded or developmentally disabled	8606
as defined in section 5126.01 of the Revised Code, the department	8607
shall refer the case to the county board of ~~mental retardation and~~	8608
developmental disabilities of that county for review pursuant to	8609
section 5126.31 of the Revised Code.	8610

If a county board of ~~mental retardation and~~ developmental	8611
disabilities refers a case to the county department of job and	8612
family services in accordance with section 5126.31, the department	8613
shall proceed with the case in accordance with sections 5101.60 to	8614
5101.71 of the Revised Code.	8615

Sec. 5111.151. (A) This section applies to eligibility	8616
determinations for all cases involving medicaid provided pursuant	8617
to this chapter, qualified medicare beneficiaries, specified	8618
low-income medicare beneficiaries, qualifying individuals-1,	8619
qualifying individuals-2, and medical assistance for covered	8620
families and children.	8621

(B) As used in this section:

8622

(1) "Trust" means any arrangement in which a grantor	8623
transfers real or personal property to a trust with the intention	8624
that it be held, managed, or administered by at least one trustee	8625
for the benefit of the grantor or beneficiaries. "Trust" includes	8626
any legal instrument or device similar to a trust.	8627

(2) "Legal instrument or device similar to a trust" includes,	8628
but is not limited to, escrow accounts, investment accounts,	8629
partnerships, contracts, and other similar arrangements that are	8630
not called trusts under state law but are similar to a trust and	8631
to which all of the following apply:	8632

(a) The property in the trust is held, managed, retained, or	8633
administered by a trustee.	8634

(b) The trustee has an equitable, legal, or fiduciary duty to	8635
hold, manage, retain, or administer the property for the benefit	8636
of the beneficiary.	8637

(c) The trustee holds identifiable property for the	8638
beneficiary.	8639

(3) "Grantor" is a person who creates a trust, including all	8640
of the following:	8641

(a) An individual;

8642

(b) An individual's spouse;

8643

(c) A person, including a court or administrative body, with	8644
legal authority to act in place of or on behalf of an individual	8645
or an individual's spouse;	8646

(d) A person, including a court or administrative body, that	8647
acts at the direction or on request of an individual or the	8648
individual's spouse.	8649

(4) "Beneficiary" is a person or persons, including a	8650
grantor, who benefits in some way from a trust.	8651

(5) "Trustee" is a person who manages a trust's principal and	8652
income for the benefit of the beneficiaries.	8653

(6) "Person" has the same meaning as in section 1.59 of the	8654
Revised Code and includes an individual, corporation, business	8655
trust, estate, trust, partnership, and association.	8656

(7) "Applicant" is an individual who applies for medicaid or	8657
the individual's spouse.	8658

(8) "Recipient" is an individual who receives medicaid or the	8659
individual's spouse.	8660

(9) "Revocable trust" is a trust that can be revoked by the	8661
grantor or the beneficiary, including all of the following, even	8662
if the terms of the trust state that it is irrevocable:	8663

(a) A trust that provides that the trust can be terminated	8664
only by a court;	8665

(b) A trust that terminates on the happening of an event, but	8666
only if the event occurs at the direction or control of the	8667
grantor, beneficiary, or trustee.	8668

(10) "Irrevocable trust" is a trust that cannot be revoked by	8669
the grantor or terminated by a court and that terminates only on	8670
the occurrence of an event outside of the control or direction of	8671
the beneficiary or grantor.	8672

(11) "Payment" is any disbursal from the principal or income	8673
of the trust, including actual cash, noncash or property	8674
disbursements, or the right to use and occupy real property.	8675

(12) "Payments to or for the benefit of the applicant or	8676
recipient" is a payment to any person resulting in a direct or	8677
indirect benefit to the applicant or recipient.	8678

(13) "Testamentary trust" is a trust that is established by a	8679
will and does not take effect until after the death of the person	8680
who created the trust.	8681

(C) If an applicant or recipient is a beneficiary of a trust,	8682
the county department of job and family services shall determine	8683
what type of trust it is and shall treat the trust in accordance	8684
with the appropriate provisions of this section and rules adopted	8685
by the department of job and family services governing trusts. The	8686
county department of job and family services may determine that	8687
the trust or portion of the trust is one of the following:	8688

(1) A countable resource;

8689

(2) Countable income;

8690

(3) A countable resource and countable income;

8691

(4) Not a countable resource or countable income.

8692

(D)(1) A trust or legal instrument or device similar to a	8693
trust shall be considered a medicaid qualifying trust if all of	8694
the following apply:	8695

(a) The trust was established on or prior to August 10, 1993.

8696

(b) The trust was not established by a will.

8697

8698

(d) The applicant or recipient is or may become the	8699
beneficiary of all or part of the trust.	8700

(e) Payment from the trust is determined by one or more	8701
trustees who are permitted to exercise any discretion with respect	8702
to the distribution to the applicant or recipient.	8703

(2) If a trust meets the requirement of division (D)(1) of	8704
this section, the amount of the trust that is considered by the	8705
county department of job and family services as an available	8706
resource to the applicant or recipient shall be the maximum amount	8707
of payments permitted under the terms of the trust to be	8708
distributed to the applicant or recipient, assuming the full	8709
exercise of discretion by the trustee or trustees. The maximum	8710
amount shall include only amounts that are permitted to be	8711
distributed but are not distributed from either the income or	8712
principal of the trust.	8713

(3) Amounts that are actually distributed from a medicaid	8714
qualifying trust to a beneficiary for any purpose shall be treated	8715
in accordance with rules adopted by the department of job and	8716
family services governing income.	8717

(4) Availability of a medicaid qualifying trust shall be	8718
considered without regard to any of the following:	8719

(a) Whether or not the trust is irrevocable or was	8720
established for purposes other than to enable a grantor to qualify	8721
for medicaid, medical assistance for covered families and	8722
children, or as a qualified medicare beneficiary, specified	8723
low-income medicare beneficiary, qualifying individual-1, or	8724
qualifying individual-2;	8725

(b) Whether or not the trustee actually exercises discretion.

8726

(5) If any real or personal property is transferred to a	8727
medicaid qualifying trust that is not distributable to the	8728
applicant or recipient, the transfer shall be considered an	8729
improper disposition of assets and shall be subject to section	8730
5111.0116 of the Revised Code and rules to implement that section	8731
adopted under section 5111.011 of the Revised Code.	8732

(6) The baseline date for the look-back period for	8733
disposition of assets involving a medicaid qualifying trust shall	8734
be the date on which the applicant or recipient is both	8735
institutionalized and first applies for medicaid.	8736

(E)(1) A trust or legal instrument or device similar to a	8737
trust shall be considered a self-settled trust if all of the	8738
following apply:	8739

(a) The trust was established on or after August 11, 1993.

8740

(b) The trust was not established by a will.

8741

(c) The trust was established by an applicant or recipient,	8742
spouse of an applicant or recipient, or a person, including a	8743
court or administrative body, with legal authority to act in place	8744
of or on behalf of an applicant, recipient, or spouse, or acting	8745
at the direction or on request of an applicant, recipient, or	8746
spouse.	8747

(2) A trust that meets the requirements of division (E)(1) of	8748
this section and is a revocable trust shall be treated by the	8749
county department of job and family services as follows:	8750

(a) The corpus of the trust shall be considered a resource	8751
available to the applicant or recipient.	8752

(b) Payments from the trust to or for the benefit of the	8753
applicant or recipient shall be considered unearned income of the	8754
applicant or recipient.	8755

(c) Any other payments from the trust shall be considered an	8756
improper disposition of assets and shall be subject to section	8757
5111.0116 of the Revised Code and rules to implement that section	8758
adopted under section 5111.011 of the Revised Code.	8759

(3) A trust that meets the requirements of division (E)(1) of	8760
this section and is an irrevocable trust shall be treated by the	8761
county department of job and family services as follows:	8762

(a) If there are any circumstances under which payment from	8763
the trust could be made to or for the benefit of the applicant or	8764
recipient, including a payment that can be made only in the	8765
future, the portion from which payments could be made shall be	8766
considered a resource available to the applicant or recipient. The	8767
county department of job and family services shall not take into	8768
account when payments can be made.	8769

(b) Any payment that is actually made to or for the benefit	8770
of the applicant or recipient from either the corpus or income	8771
shall be considered unearned income.	8772

(c) If a payment is made to someone other than to the	8773
applicant or recipient and the payment is not for the benefit of	8774
the applicant or recipient, the payment shall be considered an	8775
improper disposition of assets and shall be subject to section	8776
5111.0116 of the Revised Code and rules to implement that section	8777
adopted under section 5111.011 of the Revised Code.	8778

(d) The date of the disposition shall be the later of the	8779
date of establishment of the trust or the date of the occurrence	8780
of the event.	8781

(e) When determining the value of the disposed asset under	8782
this provision, the value of the trust shall be its value on the	8783
date payment to the applicant or recipient was foreclosed.	8784

(f) Any income earned or other resources added subsequent to	8785
the foreclosure date shall be added to the total value of the	8786
trust.	8787

(g) Any payments to or for the benefit of the applicant or	8788
recipient after the foreclosure date but prior to the application	8789
date shall be subtracted from the total value. Any other payments	8790
shall not be subtracted from the value.	8791

(h) Any addition of assets after the foreclosure date shall	8792
be considered a separate disposition.	8793

(4) If a trust is funded with assets of another person or	8794
persons in addition to assets of the applicant or recipient, the	8795
applicable provisions of this section and rules adopted by the	8796
department of job and family services governing trusts shall apply	8797
only to the portion of the trust attributable to the applicant or	8798
recipient.	8799

(5) The availability of a self-settled trust shall be	8800
considered without regard to any of the following:	8801

(a) The purpose for which the trust is established;

8802

(b) Whether the trustees have exercised or may exercise	8803
discretion under the trust;	8804

(c) Any restrictions on when or whether distributions may be	8805
made from the trust;	8806

(d) Any restrictions on the use of distributions from the	8807
trust.	8808

(6) The baseline date for the look-back period for	8809
dispositions of assets involving a self-settled trust shall be the	8810
date on which the applicant or recipient is both institutionalized	8811
and first applies for medicaid.	8812

(F) The principal or income from any of the following shall	8813
be exempt from being counted as a resource by a county department	8814
of job and family services:	8815

(1)(a) A special needs trust that meets all of the following	8816
requirements:	8817

(i) The trust contains assets of an applicant or recipient	8818
under sixty-five years of age and may contain the assets of other	8819
individuals.	8820

(ii) The applicant or recipient is disabled as defined in	8821
rules adopted by the department of job and family services.	8822

(iii) The trust is established for the benefit of the	8823
applicant or recipient by a parent, grandparent, legal guardian,	8824
or a court.	8825

(iv) The trust requires that on the death of the applicant or	8826
recipient the state will receive all amounts remaining in the	8827
trust up to an amount equal to the total amount of medicaid paid	8828
on behalf of the applicant or recipient.	8829

(b) If a special needs trust meets the requirements of	8830
division (F)(1)(a) of this section and has been established for a	8831
disabled applicant or recipient under sixty-five years of age, the	8832
exemption for the trust granted pursuant to division (F) of this	8833
section shall continue after the disabled applicant or recipient	8834
becomes sixty-five years of age if the applicant or recipient	8835
continues to be disabled as defined in rules adopted by the	8836
department of job and family services. Except for income earned by	8837
the trust, the grantor shall not add to or otherwise augment the	8838
trust after the applicant or recipient attains sixty-five years of	8839
age. An addition or augmentation of the trust by the applicant or	8840
recipient with the applicant's own assets after the applicant or	8841
recipient attains sixty-five years of age shall be treated as an	8842
improper disposition of assets.	8843

(c) Cash distributions to the applicant or recipient shall be	8844
counted as unearned income. All other distributions from the trust	8845
shall be treated as provided in rules adopted by the department of	8846
job and family services governing in-kind income.	8847

(d) Transfers of assets to a special needs trust shall not be	8848
treated as an improper transfer of resources. Assets held prior to	8849
the transfer to the trust shall be considered as countable assets	8850
or countable income or countable assets and income.	8851

(2)(a) A qualifying income trust that meets all of the	8852
following requirements:	8853

(i) The trust is composed only of pension, social security,	8854
and other income to the applicant or recipient, including	8855
accumulated interest in the trust.	8856

(ii) The income is received by the individual and the right	8857
to receive the income is not assigned or transferred to the trust.	8858

(iii) The trust requires that on the death of the applicant	8859
or recipient the state will receive all amounts remaining in the	8860
trust up to an amount equal to the total amount of medicaid paid	8861
on behalf of the applicant or recipient.	8862

(b) No resources shall be used to establish or augment the	8863
trust.	8864

(c) If an applicant or recipient has irrevocably transferred	8865
or assigned the applicant's or recipient's right to receive income	8866
to the trust, the trust shall not be considered a qualifying	8867
income trust by the county department of job and family services.	8868

(d) Income placed in a qualifying income trust shall not be	8869
counted in determining an applicant's or recipient's eligibility	8870
for medicaid. The recipient of the funds may place any income	8871
directly into a qualifying income trust without those funds	8872
adversely affecting the applicant's or recipient's eligibility for	8873
medicaid. Income generated by the trust that remains in the trust	8874
shall not be considered as income to the applicant or recipient.	8875

(e) All income placed in a qualifying income trust shall be	8876
combined with any countable income not placed in the trust to	8877
arrive at a base income figure to be used for spend down	8878
calculations.	8879

(f) The base income figure shall be used for post-eligibility	8880
deductions, including personal needs allowance, monthly income	8881
allowance, family allowance, and medical expenses not subject to	8882
third party payment. Any income remaining shall be used toward	8883
payment of patient liability. Payments made from a qualifying	8884
income trust shall not be combined with the base income figure for	8885
post-eligibility calculations.	8886

(g) The base income figure shall be used when determining the	8887
spend down budget for the applicant or recipient. Any income	8888
remaining after allowable deductions are permitted as provided	8889
under rules adopted by the department of job and family services	8890
shall be considered the applicant's or recipient's spend down	8891
liability.	8892

(3)(a) A pooled trust that meets all of the following	8893
requirements:	8894

(i) The trust contains the assets of the applicant or	8895
recipient of any age who is disabled as defined in rules adopted	8896
by the department of job and family services.	8897

(ii) The trust is established and managed by a nonprofit	8898
association.	8899

(iii) A separate account is maintained for each beneficiary	8900
of the trust but, for purposes of investment and management of	8901
funds, the trust pools the funds in these accounts.	8902

(iv) Accounts in the trust are established by the applicant	8903
or recipient, the applicant's or recipient's parent, grandparent,	8904
or legal guardian, or a court solely for the benefit of	8905
individuals who are disabled.	8906

(v) The trust requires that, to the extent that any amounts	8907
remaining in the beneficiary's account on the death of the	8908
beneficiary are not retained by the trust, the trust pay to the	8909
state the amounts remaining in the trust up to an amount equal to	8910
the total amount of medicaid paid on behalf of the beneficiary.	8911

(b) Cash distributions to the applicant or recipient shall be	8912
counted as unearned income. All other distributions from the trust	8913
shall be treated as provided in rules adopted by the department of	8914
job and family services governing in-kind income.	8915

(c) Transfers of assets to a pooled trust shall not be	8916
treated as an improper disposition of assets. Assets held prior to	8917
the transfer to the trust shall be considered as countable assets,	8918
countable income, or countable assets and income.	8919

(4) A supplemental services trust that meets the requirements	8920
of section 5815.28 of the Revised Code and to which all of the	8921
following apply:	8922

(a) A person may establish a supplemental services trust	8923
pursuant to section 5815.28 of the Revised Code only for another	8924
person who is eligible to receive services through one of the	8925
following agencies:	8926

(i) The department of mental retardation and developmental	8927
disabilities;	8928

(ii) A county board of ~~mental retardation and~~ developmental	8929
disabilities;	8930

(iii) The department of mental health;

8931

(iv) A board of alcohol, drug addiction, and mental health	8932
services.	8933

(b) A county department of job and family services shall not	8934
determine eligibility for another agency's program. An applicant	8935
or recipient shall do one of the following:	8936

(i) Provide documentation from one of the agencies listed in	8937
division (F)(4)(a) of this section that establishes that the	8938
applicant or recipient was determined to be eligible for services	8939
from the agency at the time of the creation of the trust;	8940

(ii) Provide an order from a court of competent jurisdiction	8941
that states that the applicant or recipient was eligible for	8942
services from one of the agencies listed in division (F)(4)(a) of	8943
this section at the time of the creation of the trust.	8944

(c) At the time the trust is created, the trust principal	8945
does not exceed the maximum amount permitted. The maximum amount	8946
permitted in calendar year 2006 is two hundred twenty-two thousand	8947
dollars. Each year thereafter, the maximum amount permitted is the	8948
prior year's amount plus two thousand dollars.	8949

(d) A county department of job and family services shall	8950
review the trust to determine whether it complies with the	8951
provisions of section 5815.28 of the Revised Code.	8952

(e) Payments from supplemental services trusts shall be	8953
exempt as long as the payments are for supplemental services as	8954
defined in rules adopted by the department of job and family	8955
services. All supplemental services shall be purchased by the	8956
trustee and shall not be purchased through direct cash payments to	8957
the beneficiary.	8958

(f) If a trust is represented as a supplemental services	8959
trust and a county department of job and family services	8960
determines that the trust does not meet the requirements provided	8961
in division (F)(4) of this section and section 5815.28 of the	8962
Revised Code, the county department of job and family services	8963
shall not consider it an exempt trust.	8964

(G)(1) A trust or legal instrument or device similar to a	8965
trust shall be considered a trust established by an individual for	8966
the benefit of the applicant or recipient if all of the following	8967
apply:	8968

(a) The trust is created by a person other than the applicant	8969
or recipient.	8970

(b) The trust names the applicant or recipient as a	8971
beneficiary.	8972

(c) The trust is funded with assets or property in which the	8973
applicant or recipient has never held an ownership interest prior	8974
to the establishment of the trust.	8975

(2) Any portion of a trust that meets the requirements of	8976
division (G)(1) of this section shall be an available resource	8977
only if the trust permits the trustee to expend principal, corpus,	8978
or assets of the trust for the applicant's or recipient's medical	8979
care, care, comfort, maintenance, health, welfare, general well	8980
being, or any combination of these purposes.	8981

(3) A trust that meets the requirements of division (G)(1) of	8982
this section shall be considered an available resource even if the	8983
trust contains any of the following types of provisions:	8984

(a) A provision that prohibits the trustee from making	8985
payments that would supplant or replace medicaid or other public	8986
assistance;	8987

(b) A provision that prohibits the trustee from making	8988
payments that would impact or have an effect on the applicant's or	8989
recipient's right, ability, or opportunity to receive medicaid or	8990
other public assistance;	8991

(c) A provision that attempts to prevent the trust or its	8992
corpus or principal from being counted as an available resource.	8993

(4) A trust that meets the requirements of division (G)(1) of	8994
this section shall not be counted as an available resource if at	8995
least one of the following circumstances applies:	8996

(a) If a trust contains a clear statement requiring the	8997
trustee to preserve a portion of the trust for another beneficiary	8998
or remainderman, that portion of the trust shall not be counted as	8999
an available resource. Terms of a trust that grant discretion to	9000
preserve a portion of the trust shall not qualify as a clear	9001
statement requiring the trustee to preserve a portion of the	9002
trust.	9003

(b) If a trust contains a clear statement requiring the	9004
trustee to use a portion of the trust for a purpose other than	9005
medical care, care, comfort, maintenance, welfare, or general well	9006
being of the applicant or recipient, that portion of the trust	9007
shall not be counted as an available resource. Terms of a trust	9008
that grant discretion to limit the use of a portion of the trust	9009
shall not qualify as a clear statement requiring the trustee to	9010
use a portion of the trust for a particular purpose.	9011

(c) If a trust contains a clear statement limiting the	9012
trustee to making fixed periodic payments, the trust shall not be	9013
counted as an available resource and payments shall be treated in	9014
accordance with rules adopted by the department of job and family	9015
services governing income. Terms of a trust that grant discretion	9016
to limit payments shall not qualify as a clear statement requiring	9017
the trustee to make fixed periodic payments.	9018

(d) If a trust contains a clear statement that requires the	9019
trustee to terminate the trust if it is counted as an available	9020
resource, the trust shall not be counted as an available resource.	9021
Terms of a trust that grant discretion to terminate the trust do	9022
not qualify as a clear statement requiring the trustee to	9023
terminate the trust.	9024

(e) If a person obtains a judgment from a court of competent	9025
jurisdiction that expressly prevents the trustee from using part	9026
or all of the trust for the medical care, care, comfort,	9027
maintenance, welfare, or general well being of the applicant or	9028
recipient, the trust or that portion of the trust subject to the	9029
court order shall not be counted as a resource.	9030

(f) If a trust is specifically exempt from being counted as	9031
an available resource by a provision of the Revised Code, rules,	9032
or federal law, the trust shall not be counted as a resource.	9033

(g) If an applicant or recipient presents a final judgment	9034
from a court demonstrating that the applicant or recipient was	9035
unsuccessful in a civil action against the trustee to compel	9036
payments from the trust, the trust shall not be counted as an	9037
available resource.	9038

(h) If an applicant or recipient presents a final judgment	9039
from a court demonstrating that in a civil action against the	9040
trustee the applicant or recipient was only able to compel limited	9041
or periodic payments, the trust shall not be counted as an	9042
available resource and payments shall be treated in accordance	9043
with rules adopted by the department of job and family services	9044
governing income.	9045

(i) If an applicant or recipient provides written	9046
documentation showing that the cost of a civil action brought to	9047
compel payments from the trust would be cost prohibitive, the	9048
trust shall not be counted as an available resource.	9049

(5) Any actual payments to the applicant or recipient from a	9050
trust that meet the requirements of division (G)(1) of this	9051
section, including trusts that are not counted as an available	9052
resource, shall be treated as provided in rules adopted by the	9053
department of job and family services governing income. Payments	9054
to any person other than the applicant or recipient shall not be	9055
considered income to the applicant or recipient. Payments from the	9056
trust to a person other than the applicant or recipient shall not	9057
be considered an improper disposition of assets.	9058

Sec. 5111.871. The department of job and family services	9059
shall enter into a contract with the department of mental	9060
retardation and developmental disabilities under section 5111.91	9061
of the Revised Code with regard to one or more of the components	9062
of the medicaid program established by the department of job and	9063
family services under one or more of the medicaid waivers sought	9064
under section 5111.87 of the Revised Code. The contract shall	9065
provide for the department of mental retardation and developmental	9066
disabilities to administer the components in accordance with the	9067
terms of the waivers. The directors of job and family services and	9068
mental retardation and developmental disabilities shall adopt	9069
rules in accordance with Chapter 119. of the Revised Code	9070
governing the components.	9071

If the department of mental retardation and developmental	9072
disabilities or the department of job and family services denies	9073
an individual's application for home and community-based services	9074
provided under any of these medicaid components, the department	9075
that denied the services shall give timely notice to the	9076
individual that the individual may request a hearing under section	9077
5101.35 of the Revised Code.	9078

The departments of mental retardation and developmental	9079
disabilities and job and family services may approve, reduce,	9080
deny, or terminate a service included in the individualized	9081
service plan developed for a medicaid recipient eligible for home	9082
and community-based services provided under any of these medicaid	9083
components. The departments shall consider the recommendations a	9084
county board of ~~mental retardation and~~ developmental disabilities	9085
makes under division (A)(1)(c) of section 5126.055 of the Revised	9086
Code. If either department approves, reduces, denies, or	9087
terminates a service, that department shall give timely notice to	9088
the medicaid recipient that the recipient may request a hearing	9089
under section 5101.35 of the Revised Code.	9090

If supported living, as defined in section 5126.01 of the	9091
Revised Code, is to be provided as a service under any of these	9092
components, any person or government entity with a current, valid	9093
medicaid provider agreement and a current, valid certificate	9094
under section 5123.161 of the Revised Code may provide the	9095
service.	9096

If a service is to be provided under any of these components	9097
by a residential facility, as defined in section 5123.19 of the	9098
Revised Code, any person or government entity with a current,	9099
valid medicaid provider agreement and a current, valid license	9100
under section 5123.19 of the Revised Code may provide the service.	9101

Sec. 5111.872. When the department of mental retardation and	9102
developmental disabilities allocates enrollment numbers to a	9103
county board of ~~mental retardation and~~ developmental disabilities	9104
for home and community-based services specified in division (B)(1)	9105
of section 5111.87 of the Revised Code and provided under any of	9106
the components of the medicaid program that the department	9107
administers under section 5111.871 of the Revised Code, the	9108
department shall consider all of the following:	9109

(A) The number of individuals with mental retardation or	9110
other developmental disability who are on a waiting list the	9111
county board establishes under division (C) of section 5126.042 of	9112
the Revised Code for those services and are given priority on the	9113
waiting list pursuant to division (D) or (E) of that section;	9114

(B) The implementation component required by division (A)(3)	9115
of section 5126.054 of the Revised Code of the county board's plan	9116
approved under section 5123.046 of the Revised Code;	9117

(C) Anything else the department considers necessary to	9118
enable county boards to provide those services to individuals in	9119
accordance with the priority requirements of divisions (D) and (E)	9120
of section 5126.042 of the Revised Code.	9121

Sec. 5111.873. (A) Not later than the effective date of the	9122
first of any medicaid waivers the United States secretary of	9123
health and human services grants pursuant to a request made under	9124
section 5111.87 of the Revised Code, the director of job and	9125
family services shall adopt rules in accordance with Chapter 119.	9126
of the Revised Code establishing statewide fee schedules for home	9127
and community-based services specified in division (B)(1) of	9128
section 5111.87 of the Revised Code and provided under the	9129
components of the medicaid program that the department of mental	9130
retardation and developmental disabilities administers under	9131
section 5111.871 of the Revised Code. The rules shall provide for	9132
all of the following:	9133

(1) The department of mental retardation and developmental	9134
disabilities arranging for the initial and ongoing collection of	9135
cost information from a comprehensive, statistically valid sample	9136
of persons and government entities providing the services at the	9137
time the information is obtained;	9138

(2) The collection of consumer-specific information through	9139
an assessment instrument the department of mental retardation and	9140
developmental disabilities shall provide to the department of job	9141
and family services;	9142

(3) With the information collected pursuant to divisions	9143
(A)(1) and (2) of this section, an analysis of that information,	9144
and other information the director determines relevant, methods	9145
and standards for calculating the fee schedules that do all of the	9146
following:	9147

(a) Assure that the fees are consistent with efficiency,	9148
economy, and quality of care;	9149

(b) Consider the intensity of consumer resource need;

9150

(c) Recognize variations in different geographic areas	9151
regarding the resources necessary to assure the health and welfare	9152
of consumers;	9153

(d) Recognize variations in environmental supports available	9154
to consumers.	9155

(B) As part of the process of adopting rules under this	9156
section, the director shall consult with the director of mental	9157
retardation and developmental disabilities, representatives of	9158
county boards of ~~mental retardation and~~ developmental	9159
disabilities, persons who provide the home and community-based	9160
services, and other persons and government entities the director	9161
identifies.	9162

(C) The directors of job and family services and mental	9163
retardation and developmental disabilities shall review the rules	9164
adopted under this section at times they determine to ensure that	9165
the methods and standards established by the rules for calculating	9166
the fee schedules continue to do everything that division (A)(3)	9167
of this section requires.	9168

Sec. 5123.033. The program fee fund is hereby created in the	9169
state treasury. All fees collected pursuant to sections 5123.161,	9170
5123.164, 5123.19, and 5126.25 of the Revised Code shall be	9171
credited to the fund. Money credited to the fund shall be used	9172
solely for the department of mental retardation and developmental	9173
disabilities' duties under sections 5123.16 to 5123.169, 5123.19,	9174
and 5126.25 of the Revised Code and to provide continuing	9175
education and professional training to employees of county boards	9176
of ~~mental retardation and~~ developmental disabilities for the	9177
purpose of section 5126.25 of the Revised Code and other providers	9178
of services to individuals with mental retardation or a	9179
developmental disability. If the money credited to the fund is	9180
inadequate to pay all of the department's costs in performing	9181
those duties and providing the continuing education and	9182
professional training, the department may use other available	9183
funds appropriated to the department to pay the remaining costs of	9184
performing those duties and providing the continuing education and	9185
professional training.	9186

Sec. 5123.04. (A) The director of mental retardation and	9187
developmental disabilities is the executive head of the department	9188
of mental retardation and developmental disabilities. All duties	9189
conferred on the department and its institutions by law or by	9190
order of the director shall be performed under such rules as the	9191
director prescribes, and shall be under the director's control.	9192
The director shall establish bylaws for the government of all	9193
institutions under the jurisdiction of the department. Except as	9194
otherwise is provided as to appointments by chiefs of divisions,	9195
the director shall appoint such employees as are necessary for the	9196
efficient conduct of the department, and shall prescribe their	9197
titles and duties. If the director is not a licensed physician,	9198
decisions relating to medical diagnosis and treatment shall be the	9199
responsibility of a licensed physician appointed by the director.	9200

(B) The director shall adopt rules for the proper execution	9201
of the powers and duties of the department.	9202

(C) The director shall adopt rules establishing standards	9203
that mental retardation programs and facilities shall follow when	9204
performing evaluations of the mental condition of defendants	9205
ordered by the court under section 2919.271 or 2945.371 of the	9206
Revised Code, and for the treatment of defendants who have been	9207
found incompetent to stand trial under section 2945.38 of the	9208
Revised Code, and certify the compliance of such programs and	9209
facilities with the standards.	9210

(D) On behalf of the department, the director has the	9211
authority to, and responsibility for, entering into contracts and	9212
other agreements.	9213

(E) The director shall adopt rules in accordance with Chapter	9214
119. of the Revised Code that do all of the following:	9215

(1) Specify the supplemental services that may be provided	9216
through a trust authorized by section 5815.28 of the Revised Code;	9217

(2) Establish standards for the maintenance and distribution	9218
to a beneficiary of assets of a trust authorized by section	9219
5815.28 of the Revised Code.	9220

(F) The director shall provide monitoring of county boards of	9221
~~mental retardation and~~ developmental disabilities.	9222

Sec. 5123.042. (A) The director of mental retardation and	9223
developmental disabilities shall adopt rules in accordance with	9224
Chapter 119. of the Revised Code establishing the following:	9225

(1) Uniform standards under which:

9226

(a) A person or agency shall submit plans to the county board	9227
of ~~mental retardation and~~ developmental disabilities for the	9228
development of residential services for individuals with mental	9229
retardation or a developmental disability within the county;	9230

(b) The county board must review the plans and recommend	9231
providers for the services.	9232

(2) The eligibility criteria for selecting persons and	9233
agencies to provide residential services, which shall take into	9234
consideration the recommendations of the county board.	9235

(B) The county board, in accordance with its comprehensive	9236
service plan, shall review all proposals for the development of	9237
residential services that are submitted to it and shall, if the	9238
proposals are acceptable to the county board, recommend providers	9239
for the development of residential services within the county. The	9240
department shall approve proposals for the development of	9241
residential services within counties based upon the availability	9242
of funds and in accordance with rules adopted under division	9243
(A)(2) of this section.	9244

No county board shall recommend providers for the development	9245
of residential services if the county board is an applicant to	9246
provide services. In cases of possible conflict of interest, the	9247
director shall appoint a committee that shall, in accordance with	9248
the approved county comprehensive service plan, review and	9249
recommend to the director providers for the services.	9250

If a county board fails to establish an approved	9251
comprehensive service plan, the director may establish residential	9252
services development goals for the county board based on	9253
documented need as determined by the department. If a county board	9254
fails to develop or implement such a plan in accordance with the	9255
rules adopted under this section, the department may, without the	9256
involvement of the county board, review and select providers for	9257
the development of residential services in the county.	9258

Sec. 5123.043. (A) The director of mental retardation and	9259
developmental disabilities shall adopt rules establishing	9260
procedures for administrative resolution of complaints filed under	9261
division (B) of this section and section 5126.06 of the Revised	9262
Code. The rules shall be adopted in accordance with Chapter 119.	9263
of the Revised Code.	9264

(B) Except as provided in division (C) of this section, any	9265
person or county board of ~~mental retardation and~~ developmental	9266
disabilities that has a complaint involving any of the programs,	9267
services, policies, or administrative practices of the department	9268
of mental retardation and developmental disabilities or any of the	9269
entities under contract with the department, may file a complaint	9270
with the department. Prior to commencing a civil action regarding	9271
the complaint, a person or county board shall attempt to have the	9272
complaint resolved through the administrative resolution process	9273
established in the rules adopted under this section. After	9274
exhausting the administrative resolution process, the person or	9275
county board may commence a civil action if the complaint is not	9276
settled to the person's or county board's satisfaction.	9277

(C) An employee of the department may not file under this	9278
section a complaint related to the terms and conditions of	9279
employment for the employee.	9280

Sec. 5123.044. The department of mental retardation and	9281
developmental disabilities shall determine whether county boards	9282
of ~~mental retardation and~~ developmental disabilities are in	9283
compliance with section 5126.046 of the Revised Code. The	9284
department shall provide assistance to an individual with mental	9285
retardation or other developmental disability who requests	9286
assistance with the individual's right under section 5126.046 of	9287
the Revised Code to choose a provider of habilitation, vocational,	9288
community employment, residential, or supported living services if	9289
the department is notified of a county board's alleged violation	9290
of the individual's right to choose such a provider.	9291

Sec. 5123.046. The department of mental retardation and	9292
developmental disabilities shall review each component of the	9293
three-calendar-year plan it receives from a county board of ~~mental~~	9294
~~retardation and~~ developmental disabilities under section 5126.054	9295
of the Revised Code and, in consultation with the department of	9296
job and family services and office of budget and management,	9297
approve each component that includes all the information and	9298
conditions specified in that section. The third component of the	9299
plan shall be approved or disapproved not later than forty-five	9300
days after the third component is submitted to the department. If	9301
the department approves all three components of the plan, the	9302
plan is approved. Otherwise, the plan is disapproved. If the plan	9303
is disapproved, the department shall take action against the	9304
county board under division (B) of section 5126.056 of the	9305
Revised Code.	9306

In approving plans under this section, the department shall	9307
ensure that the aggregate of all plans provide for the increased	9308
enrollment into home and community-based services during each	9309
state fiscal year of at least five hundred individuals who did not	9310
receive residential services, supported living, or home and	9311
community-based services the prior state fiscal year if the	9312
department has enough additional enrollment available for this	9313
purpose.	9314

The department shall establish protocols that the department	9315
shall use to determine whether a county board is complying with	9316
the programmatic and financial accountability mechanisms and	9317
achieving outcomes specified in its approved plan. If the	9318
department determines that a county board is not in compliance	9319
with the mechanisms or achieving the outcomes specified in its	9320
approved plan, the department may take action under division (F)	9321
of section 5126.055 of the Revised Code.	9322

Sec. 5123.047. The department of mental retardation and	9323
developmental disabilities shall pay the nonfederal share of	9324
medicaid expenditures for medicaid case management services and	9325
home and community-based services for which no county board of	9326
~~mental retardation and~~ developmental disabilities is required by	9327
section 5126.059 or 5126.0510 of the Revised Code to pay.	9328

Sec. 5123.048. The director of mental retardation and	9329
developmental disabilities may enter into an agreement with a	9330
county board of ~~mental retardation and~~ developmental disabilities	9331
under which the department of mental retardation and developmental	9332
disabilities is to pay the nonfederal share of medicaid	9333
expenditures for one or more of the home and community-based	9334
services that the county board would, if not for the agreement,	9335
be required by section 5126.0510 of the Revised Code to pay. The	9336
agreement shall specify which home and community-based services	9337
the agreement covers. The department shall pay the nonfederal	9338
share of medicaid expenditures for the home and community-based	9339
services that the agreement covers as long as the agreement is in	9340
effect.	9341

Sec. 5123.049. The director of mental retardation and	9342
developmental disabilities shall adopt rules in accordance with	9343
Chapter 119. of the Revised Code governing the authorization and	9344
payment of home and community-based services and medicaid case	9345
management services. The rules shall provide for private providers	9346
of the services to receive one hundred per cent of the medicaid	9347
allowable payment amount and for government providers of the	9348
services to receive the federal share of the medicaid allowable	9349
payment, less the amount withheld as a fee under section 5123.0412	9350
of the Revised Code and any amount that may be required by rules	9351
adopted under section 5123.0413 of the Revised Code to be	9352
deposited into the state MR/DD risk fund. The rules shall	9353
establish the process by which county boards of ~~mental retardation~~	9354
~~and~~ developmental disabilities shall certify and provide the	9355
nonfederal share of medicaid expenditures that the county board is	9356
required by sections 5126.059 and 5126.0510 of the Revised Code	9357
to pay. The process shall require a county board to certify that	9358
the county board has funding available at one time for two months	9359
costs for those expenditures. The process may permit a county	9360
board to certify that the county board has funding available at	9361
one time for more than two months costs for those expenditures.	9362

Sec. 5123.0411. The department of mental retardation and	9363
developmental disabilities may bring a mandamus action against a	9364
county board of ~~mental retardation and~~ developmental disabilities	9365
that fails to pay the nonfederal share of medicaid expenditures	9366
that the county board is required by sections 5126.059 and	9367
5126.0510 of the Revised Code to pay. The department may bring	9368
the mandamus action in the court of common pleas of the county	9369
served by the county board or in the Franklin county court of	9370
common pleas.	9371

Sec. 5123.0412. (A) The department of mental retardation and	9372
developmental disabilities shall charge each county board of	9373
~~mental retardation and~~ developmental disabilities an annual fee	9374
equal to one and one-half per cent of the total value of all	9375
medicaid paid claims for home and community-based services	9376
provided during the year to an individual eligible for services	9377
from the county board. No county board shall pass the cost of a	9378
fee charged to the county board under this section on to another	9379
provider of these services.	9380

(B) The fees collected under this section shall be deposited	9381
into the ODMR/DD administration and oversight fund and the ODJFS	9382
administration and oversight fund, both of which are hereby	9383
created in the state treasury. The portion of the fees to be	9384
deposited into the ODMR/DD administration and oversight fund and	9385
the portion of the fees to be deposited into the ODJFS	9386
administration and oversight fund shall be the portion specified	9387
in an interagency agreement entered into under division (C) of	9388
this section. The department of mental retardation and	9389
developmental disabilities shall use the money in the ODMR/DD	9390
administration and oversight fund and the department of job and	9391
family services shall use the money in the ODJFS administration	9392
and oversight fund for both of the following purposes:	9393

(1) The administrative and oversight costs of medicaid case	9394
management services and home and community-based services. The	9395
administrative and oversight costs shall include costs for staff,	9396
systems, and other resources the departments need and dedicate	9397
solely to the following duties associated with the services:	9398

(a) Eligibility determinations;

9399

(b) Training;

9400

9401

(d) Claims processing;

9402

(e) Quality assurance oversight;

9403

(f) Other duties the departments identify.

9404

(2) Providing technical support to county boards' local	9405
administrative authority under section 5126.055 of the Revised	9406
Code for the services.	9407

(C) The departments of mental retardation and developmental	9408
disabilities and job and family services shall enter into an	9409
interagency agreement to do both of the following:	9410

(1) Specify which portion of the fees collected under this	9411
section is to be deposited into the ODMR/DD administration and	9412
oversight fund and which portion is to be deposited into the ODJFS	9413
administration and oversight fund;	9414

(2) Provide for the departments to coordinate the staff whose	9415
costs are paid for with money in the ODMR/DD administration and	9416
oversight fund and the ODJFS administration and oversight fund.	9417

(D) The departments shall submit an annual report to the	9418
director of budget and management certifying how the departments	9419
spent the money in the ODMR/DD administration and oversight fund	9420
and the ODJFS administration and oversight fund for the purposes	9421
specified in division (B) of this section.	9422

Sec. 5123.0413. (A) The department of mental retardation and	9423
developmental disabilities, in consultation with the department of	9424
job and family services, office of budget and management, and	9425
county boards of ~~mental retardation and~~ developmental	9426
disabilities, shall adopt rules in accordance with Chapter 119. of	9427
the Revised Code no later than January 1, 2002, establishing a	9428
method of paying for extraordinary costs, including extraordinary	9429
costs for services to individuals with mental retardation or other	9430
developmental disability, and ensure the availability of adequate	9431
funds in the event a county property tax levy for services for	9432
individuals with mental retardation or other developmental	9433
disability fails. The rules may provide for using and managing	9434
either or both of the following:	9435

(1) A state MR/DD risk fund, which is hereby created in the	9436
state treasury;	9437

(2) A state insurance against MR/DD risk fund, which is	9438
hereby created in the state treasury.	9439

(B) Beginning January 1, 2002, the department of job and	9440
family services may not request approval from the United States	9441
secretary of health and human services to increase the number of	9442
slots for home and community-based services until the rules	9443
required by division (A) of this section are in effect.	9444

Sec. 5123.0416. (A) Subject to the availability of funds	9445
appropriated to the department of mental retardation and	9446
developmental disabilities for medicaid waiver state match, the	9447
department shall expend, in fiscal year 2009 and each fiscal year	9448
thereafter, not less than the amount appropriated in appropriation	9449
item 322-416, medicaid waiver – state match, in fiscal year 2008	9450
to do both of the following:	9451

(1) Pay the nonfederal share of medicaid expenditures for	9452
home and community-based services that section 5123.047 of the	9453
Revised Code requires the department to pay;	9454

(2) Assist county boards of ~~mental retardation and~~	9455
developmental disabilities in paying the nonfederal share of	9456
medicaid expenditures for home and community-based services that	9457
section 5126.0510 of the Revised Code requires county boards to	9458
pay.	9459

(B) The department shall make the expenditures required by	9460
division (A)(2) of this section in the form of allocations to	9461
county boards or by other means. If the department makes the	9462
expenditures in the form of allocations, the process for making	9463
the allocations shall conform to a process the department shall	9464
establish after consulting with representatives of county boards.	9465

Sec. 5123.081. (A) As used in this section:

9466

(1) "Applicant" means a person who is under final	9467
consideration for appointment to or employment with the department	9468
of mental retardation and developmental disabilities, including,	9469
but not limited to, a person who is being transferred to the	9470
department and an employee who is being recalled or reemployed	9471
after a layoff.	9472

(2) "Criminal records check" has the same meaning as in	9473
section 109.572 of the Revised Code.	9474

(3) "Minor drug possession offense" has the same meaning as	9475
in section 2925.01 of the Revised Code.	9476

(B) The director of mental retardation and developmental	9477
disabilities shall request the superintendent of the bureau of	9478
criminal identification and investigation to conduct a criminal	9479
records check with respect to each applicant, except that the	9480
director is not required to request a criminal records check for	9481
an employee of the department who is being considered for a	9482
different position or is returning after a leave of absence or	9483
seasonal break in employment, as long as the director has no	9484
reason to believe that the employee has committed any of the	9485
offenses listed or described in division (E) of this section.	9486

If the applicant does not present proof that the applicant	9487
has been a resident of this state for the five-year period	9488
immediately prior to the date upon which the criminal records	9489
check is requested, the director shall request that the	9490
superintendent of the bureau obtain information from the federal	9491
bureau of investigation as a part of the criminal records check	9492
for the applicant. If the applicant presents proof that the	9493
applicant has been a resident of this state for that five-year	9494
period, the director may request that the superintendent of the	9495
bureau include information from the federal bureau of	9496
investigation in the criminal records check. For purposes of this	9497
division, an applicant may provide proof of residency in this	9498
state by presenting, with a notarized statement asserting that the	9499
applicant has been a resident of this state for that five-year	9500
period, a valid driver's license, notification of registration as	9501
an elector, a copy of an officially filed federal or state tax	9502
form identifying the applicant's permanent residence, or any other	9503
document the director considers acceptable.	9504

(C) The director shall provide to each applicant a copy of	9505
the form prescribed pursuant to division (C)(1) of section 109.572	9506
of the Revised Code, provide to each applicant a standard	9507
impression sheet to obtain fingerprint impressions prescribed	9508
pursuant to division (C)(2) of section 109.572 of the Revised	9509
Code, obtain the completed form and impression sheet from each	9510
applicant, and forward the completed form and impression sheet to	9511
the superintendent of the bureau of criminal identification and	9512
investigation at the time the criminal records check is requested.	9513

Any applicant who receives pursuant to this division a copy	9514
of the form prescribed pursuant to division (C)(1) of section	9515
109.572 of the Revised Code and a copy of an impression sheet	9516
prescribed pursuant to division (C)(2) of that section and who is	9517
requested to complete the form and provide a set of fingerprint	9518
impressions shall complete the form or provide all the information	9519
necessary to complete the form and shall provide the material with	9520
the impressions of the applicant's fingerprints. If an applicant,	9521
upon request, fails to provide the information necessary to	9522
complete the form or fails to provide impressions of the	9523
applicant's fingerprints, the director shall not employ the	9524
applicant.	9525

(D) The director may request any other state or federal	9526
agency to supply the director with a written report regarding the	9527
criminal record of each applicant. With regard to an applicant who	9528
becomes a department employee, if the employee holds an	9529
occupational or professional license or other credentials, the	9530
director may request that the state or federal agency that	9531
regulates the employee's occupation or profession supply the	9532
director with a written report of any information pertaining to	9533
the employee's criminal record that the agency obtains in the	9534
course of conducting an investigation or in the process of	9535
renewing the employee's license or other credentials.	9536

(E) Except as provided in division (K)(2) of this section and	9537
in rules adopted by the director in accordance with division (M)	9538
of this section, the director shall not employ a person to fill a	9539
position with the department who has been convicted of or pleaded	9540
guilty to any of the following:	9541

(1) A violation of section 2903.01, 2903.02, 2903.03,	9542
2903.04, 2903.11, 2903.12, 2903.13, 2903.16, 2903.21, 2903.34,	9543
2903.341, 2905.01, 2905.02, 2905.05, 2907.02, 2907.03, 2907.04,	9544
2907.05, 2907.06, 2907.07, 2907.08, 2907.09, 2907.21, 2907.22,	9545
2907.23, 2907.25, 2907.31, 2907.32, 2907.321, 2907.322, 2907.323,	9546
2911.01, 2911.02, 2911.11, 2911.12, 2919.12, 2919.22, 2919.24,	9547
2919.25, 2923.12, 2923.13, 2923.161, 2925.02, 2925.03, 2925.04,	9548
2925.05, 2925.06, or 3716.11 of the Revised Code, a violation of	9549
section 2905.04 of the Revised Code as it existed prior to July 1,	9550
1996, a violation of section 2919.23 of the Revised Code that	9551
would have been a violation of section 2905.04 of the Revised Code	9552
as it existed prior to July 1, 1996, had the violation occurred	9553
prior to that date, a violation of section 2925.11 of the Revised	9554
Code that is not a minor drug possession offense, or felonious	9555
sexual penetration in violation of former section 2907.12 of the	9556
Revised Code;	9557

(2) A felony contained in the Revised Code that is not listed	9558
in this division, if the felony bears a direct and substantial	9559
relationship to the duties and responsibilities of the position	9560
being filled;	9561

(3) Any offense contained in the Revised Code constituting a	9562
misdemeanor of the first degree on the first offense and a felony	9563
on a subsequent offense, if the offense bears a direct and	9564
substantial relationship to the position being filled and the	9565
nature of the services being provided by the department;	9566

(4) A violation of an existing or former municipal ordinance	9567
or law of this state, any other state, or the United States, if	9568
the offense is substantially equivalent to any of the offenses	9569
listed or described in division (E)(1), (2), or (3) of this	9570
section.	9571

(F) Prior to employing an applicant, the director shall	9572
require the applicant to submit a statement with the applicant's	9573
signature attesting that the applicant has not been convicted of	9574
or pleaded guilty to any of the offenses listed or described in	9575
division (E) of this section. The director also shall require the	9576
applicant to sign an agreement under which the applicant agrees to	9577
notify the director within fourteen calendar days if, while	9578
employed with the department, the applicant is ever formally	9579
charged with, convicted of, or pleads guilty to any of the	9580
offenses listed or described in division (E) of this section. The	9581
agreement shall inform the applicant that failure to report formal	9582
charges, a conviction, or a guilty plea may result in being	9583
dismissed from employment.	9584

(G) The director shall pay to the bureau of criminal	9585
identification and investigation the fee prescribed pursuant to	9586
division (C)(3) of section 109.572 of the Revised Code for each	9587
criminal records check requested and conducted pursuant to this	9588
section.	9589

(H)(1) Any report obtained pursuant to this section is not a	9590
public record for purposes of section 149.43 of the Revised Code	9591
and shall not be made available to any person, other than the	9592
applicant who is the subject of the records check or criminal	9593
records check or the applicant's representative, the department or	9594
its representative, a county board of ~~mental retardation and~~	9595
developmental disabilities, and any court, hearing officer, or	9596
other necessary individual involved in a case dealing with the	9597
denial of employment to the applicant or the denial, suspension,	9598
or revocation of a certificate or evidence of registration under	9599
section 5123.082 of the Revised Code.	9600

(2) An individual for whom the director has obtained reports	9601
under this section may submit a written request to the director to	9602
have copies of the reports sent to any state agency, entity of	9603
local government, or private entity. The individual shall specify	9604
in the request the agencies or entities to which the copies are to	9605
be sent. On receiving the request, the director shall send copies	9606
of the reports to the agencies or entities specified.	9607

The director may request that a state agency, entity of local	9608
government, or private entity send copies to the director of any	9609
report regarding a records check or criminal records check that	9610
the agency or entity possesses, if the director obtains the	9611
written consent of the individual who is the subject of the	9612
report.	9613

(I) The director shall request the registrar of motor	9614
vehicles to supply the director with a certified abstract	9615
regarding the record of convictions for violations of motor	9616
vehicle laws of each applicant who will be required by the	9617
applicant's employment to transport individuals with mental	9618
retardation or a developmental disability or to operate the	9619
department's vehicles for any other purpose. For each abstract	9620
provided under this section, the director shall pay the amount	9621
specified in section 4509.05 of the Revised Code.	9622

(J) The director shall provide each applicant with a copy of	9623
any report or abstract obtained about the applicant under this	9624
section.	9625

(K)(1) The director shall inform each person, at the time of	9626
the person's initial application for employment, that the person	9627
is required to provide a set of impressions of the person's	9628
fingerprints and that a criminal records check is required to be	9629
conducted and satisfactorily completed in accordance with section	9630
109.572 of the Revised Code if the person comes under final	9631
consideration for employment as a precondition to employment in a	9632
position.	9633

(2) The director may employ an applicant pending receipt of	9634
reports requested under this section. The director shall terminate	9635
employment of any such applicant if it is determined from the	9636
reports that the applicant failed to inform the director that the	9637
applicant had been convicted of or pleaded guilty to any of the	9638
offenses listed or described in division (E) of this section.	9639

(L) The director may charge an applicant a fee for costs the	9640
director incurs in obtaining reports, abstracts, or fingerprint	9641
impressions under this section. A fee charged under this division	9642
shall not exceed the amount of the fees the director pays under	9643
divisions (G) and (I) of this section. If a fee is charged under	9644
this division, the director shall notify the applicant of the	9645
amount of the fee at the time of the applicant's initial	9646
application for employment and that, unless the fee is paid, the	9647
director will not consider the applicant for employment.	9648

(M) The director shall adopt rules in accordance with Chapter	9649
119. of the Revised Code to implement this section, including	9650
rules specifying circumstances under which the director may employ	9651
a person who has been convicted of or pleaded guilty to an offense	9652
listed or described in division (E) of this section but who meets	9653
standards in regard to rehabilitation set by the director.	9654

Sec. 5123.082. (A) The director of mental retardation and	9655
developmental disabilities shall adopt rules in accordance with	9656
Chapter 119. of the Revised Code:	9657

(1) Designating positions of employment for which the	9658
director determines that certification or evidence of registration	9659
is required as a condition of employment in the department of	9660
mental retardation and developmental disabilities, entities that	9661
contract with the department or county boards of ~~mental~~	9662
~~retardation and~~ developmental disabilities to operate programs or	9663
provide services to persons with mental retardation and	9664
developmental disabilities, or other positions of employment in	9665
programs that serve those persons. The rules shall designate the	9666
position of investigative agent, as defined in section 5126.20 of	9667
the Revised Code, as a position for which certification is	9668
required.	9669

(2) Establishing levels of certification or registration for	9670
each position for which certification or registration is required;	9671

(3) Establishing for each level of each position the	9672
requirements that must be met to obtain certification or	9673
registration, including standards regarding education, specialized	9674
training, and experience. The standards shall take into account	9675
the nature and needs of persons with mental retardation or a	9676
developmental disability and the specialized techniques needed to	9677
serve them. The requirements for an investigative agent shall be	9678
the same as the certification requirements for an investigative	9679
agent under section 5126.25 of the Revised Code.	9680

(4) Establishing renewal schedules and renewal requirements	9681
for certification and registration, including standards regarding	9682
education, specialized training, and experience. The renewal	9683
requirements for an investigative agent shall be the same as the	9684
renewal requirements for an investigative agent under section	9685
5126.25 of the Revised Code.	9686

(5) Establishing procedures for denial, suspension, and	9687
revocation of a certificate or evidence of registration, including	9688
appeal procedures;	9689

(6) Establishing other requirements needed to carry out this	9690
section.	9691

(B) The director shall issue, renew, deny, suspend, or revoke	9692
a certificate or evidence of registration in accordance with rules	9693
adopted under this section. The director shall deny, suspend, or	9694
revoke a certificate or evidence of registration if the director	9695
finds, pursuant to an adjudication conducted in accordance with	9696
Chapter 119. of the Revised Code, that an applicant for or holder	9697
of a certificate or evidence of registration is guilty of	9698
intemperate, immoral, or other conduct unbecoming to the	9699
applicant's or holder's position, or is guilty of incompetence or	9700
negligence within the scope of the applicant's or holder's duties.	9701
The director shall deny or revoke a certificate or evidence of	9702
registration after the director finds, pursuant to an adjudication	9703
conducted in accordance with Chapter 119. of the Revised Code,	9704
that the applicant for or holder of the certificate or evidence of	9705
registration has been convicted of or pleaded guilty to any of the	9706
offenses listed or described in division (E) of section 5126.28 of	9707
the Revised Code, unless the individual meets standards for	9708
rehabilitation that the director establishes in the rules adopted	9709
under that section. Evidence supporting such allegations must be	9710
presented to the director in writing, and the director shall	9711
provide prompt notice of the allegations to the person who is the	9712
subject of the allegations. A denial, suspension, or revocation	9713
may be appealed in accordance with the procedures established in	9714
rules adopted under this section.	9715

(C) A person holding a valid certificate or evidence of	9716
registration under this section on the effective date of any rules	9717
adopted under this section that increase the certification or	9718
registration standards shall have the period that the rules	9719
prescribe, but not less than one year after the effective date of	9720
the rules, to meet the new standards.	9721

(D) No person shall be employed in a position for which	9722
certification or registration is required under rules adopted	9723
under this section, unless the person holds a valid certificate or	9724
evidence of registration for the position.	9725

Sec. 5123.16. (A) As used in sections 5123.16 to 5123.169 of	9726
the Revised Code:	9727

(1) "Provider" means a person or government entity certified	9728
by the director of mental retardation and developmental	9729
disabilities to provide supported living.	9730

(2) "Related party" means any of the following:

9731

(a) In the case of a provider who is an individual, any of	9732
the following:	9733

(i) The spouse of the provider;

9734

(ii) A parent or stepparent of the provider or provider's	9735
spouse;	9736

(iii) A child of the provider or provider's spouse;

9737

(iv) A sibling, half sibling, or stepsibling of the provider	9738
or provider's spouse;	9739

(v) A grandparent of the provider or provider's spouse;

9740

(vi) A grandchild of the provider or provider's spouse;

9741

(vii) An employee or employer of the provider or provider's	9742
spouse.	9743

(b) In the case of a provider that is a person other than an	9744
individual, any of the following:	9745

(i) An employee of the person;

9746

(ii) An officer of the provider, including the chief	9747
executive officer, president, vice-president, secretary, and	9748
treasurer;	9749

(iii) A member of the provider's board of directors or	9750
trustees;	9751

(iv) A person owning a financial interest of five per cent or	9752
more in the provider;	9753

(v) A corporation that has a subsidiary relationship with the	9754
provider;	9755

(vi) A person or government entity that has control over the	9756
provider's day-to-day operation;	9757

(vii) A person over which the provider has control of the	9758
day-to-day operation.	9759

(c) In the case of a provider that is a government entity,	9760
any of the following:	9761

(i) An employee of the provider;

9762

(ii) An officer of the provider;

9763

(iii) A member of the provider's governing board;

9764

(iv) A government entity that has control over the provider's	9765
day-to-day operation;	9766

(v) A person or government entity over which the provider has	9767
control of the day-to-day operation.	9768

(B) No person or government entity may provide supported	9769
living without a valid supported living certificate issued by the	9770
director of mental retardation and developmental disabilities.	9771

(C) A county board of ~~mental retardation and~~ developmental	9772
disabilities may provide supported living only to the extent	9773
permitted by rules adopted under section 5123.169 of the Revised	9774
Code.	9775

Sec. 5123.166. (A) If good cause exists as specified in	9776
division (B) of this section and determined in accordance with	9777
procedures established in rules adopted under section 5123.169 of	9778
the Revised Code, the director of mental retardation and	9779
developmental disabilities may issue an adjudication order	9780
requiring that one of the following actions be taken against a	9781
person or government entity seeking or holding a supported living	9782
certificate:	9783

(1) Refusal to issue or renew a supported living certificate;

9784

(2) Revocation of a supported living certificate;

9785

(3) Suspension of a supported living certificate holder's	9786
authority to do either or both of the following:	9787

(a) Continue to provide supported living to one or more	9788
individuals from one or more counties who receive supported living	9789
from the certificate holder at the time the director takes the	9790
action;	9791

(b) Begin to provide supported living to one or more	9792
individuals from one or more counties who do not receive supported	9793
living from the certificate holder at the time the director takes	9794
the action.	9795

(B) The following constitute good cause for taking action	9796
under division (A) of this section against a person or government	9797
entity seeking or holding a supported living certificate:	9798

(1) The person or government entity's failure to meet or	9799
continue to meet the applicable certification standards	9800
established in rules adopted under section 5123.169 of the Revised	9801
Code;	9802

(2) The person or government entity violates section 5123.165	9803
of the Revised Code;	9804

(3) The person or government entity's failure to satisfy the	9805
requirements of section 5123.52, 5126.28, or 5126.281 of the	9806
Revised Code;	9807

(4) Misfeasance;

9808

(5) Malfeasance;

9809

(6) Nonfeasance;

9810

(7) Confirmed abuse or neglect;

9811

(8) Financial irresponsibility;

9812

(9) Other conduct the director determines is or would be	9813
injurious to individuals who receive or would receive supported	9814
living from the person or government entity.	9815

(C) Except as provided in division (D) of this section, the	9816
director shall issue an adjudication order under division (A) of	9817
this section in accordance with Chapter 119. of the Revised Code.	9818

(D)(1) The director may issue an order requiring that action	9819
specified in division (A)(3) of this section be taken before a	9820
provider is provided notice and an opportunity for a hearing if	9821
all of the following are the case:	9822

(a) The director determines such action is warranted by the	9823
provider's failure to continue to meet the applicable	9824
certification standards;	9825

(b) The director determines that the failure either	9826
represents a pattern of serious noncompliance or creates a	9827
substantial risk to the health or safety of an individual who	9828
receives or would receive supported living from the provider;	9829

(c) If the order will suspend the provider's authority to	9830
continue to provide supported living to an individual who receives	9831
supported living from the provider at the time the director issues	9832
the order, both of the following are the case:	9833

(i) The director makes the individual, or the individual's	9834
guardian, aware of the director's determination under division	9835
(D)(1)(b) of this section and the individual or guardian does not	9836
select another provider.	9837

(ii) A county board of ~~mental retardation and~~ developmental	9838
disabilities has filed a complaint with a probate court under	9839
section 5123.33 of the Revised Code that includes facts describing	9840
the nature of abuse or neglect that the individual has suffered	9841
due to the provider's actions that are the basis for the director	9842
making the determination under division (D)(1)(b) of this section	9843
and the probate court does not issue an order authorizing the	9844
county board to arrange services for the individual pursuant to an	9845
individualized service plan developed for the individual under	9846
section 5123.31 of the Revised Code.	9847

(2) If the director issues an order under division (D)(1) of	9848
this section, sections 119.091 to 119.13 of the Revised Code and	9849
all of the following apply:	9850

(a) The director shall send the provider notice of the order	9851
by registered mail, return receipt requested, not later than	9852
twenty-four hours after issuing the order and shall include in the	9853
notice the reasons for the order, the citation to the law or rule	9854
directly involved, and a statement that the provider will be	9855
afforded a hearing if the provider requests it within ten days of	9856
the time of receiving the notice.	9857

(b) If the provider requests a hearing within the required	9858
time and the provider has provided the director the provider's	9859
current address, the director shall immediately set, and notify	9860
the provider of, the date, time, and place for the hearing.	9861

(c) The date of the hearing shall be not later than thirty	9862
days after the director receives the provider's timely request for	9863
the hearing.	9864

(d) The hearing shall be conducted in accordance with section	9865
119.09 of the Revised Code, except for all of the following:	9866

(i) The hearing shall continue uninterrupted until its close,	9867
except for weekends, legal holidays, and other interruptions the	9868
provider and director agree to.	9869

(ii) If the director appoints a referee or examiner to	9870
conduct the hearing, the referee or examiner, not later than ten	9871
days after the date the referee or examiner receives a transcript	9872
of the testimony and evidence presented at the hearing or, if the	9873
referee or examiner does not receive the transcript or no such	9874
transcript is made, the date that the referee or examiner closes	9875
the record of the hearing, shall submit to the director a written	9876
report setting forth the referee or examiner's findings of fact	9877
and conclusions of law and a recommendation of the action the	9878
director should take.	9879

(iii) The provider may, not later than five days after the	9880
date the director, in accordance with section 119.09 of the	9881
Revised Code, sends the provider or the provider's attorney or	9882
other representative of record a copy of the referee or examiner's	9883
report and recommendation, file with the director written	9884
objections to the report and recommendation.	9885

(iv) The director shall approve, modify, or disapprove the	9886
referee or examiner's report and recommendation not earlier than	9887
six days, and not later than fifteen days, after the date the	9888
director, in accordance with section 119.09 of the Revised Code,	9889
sends a copy of the report and recommendation to the provider or	9890
the provider's attorney or other representative of record.	9891

(3) The director may lift an order issued under division	9892
(D)(1) of this section even though a hearing regarding the order	9893
is occurring or pending if the director determines that the	9894
provider has taken action eliminating the good cause for issuing	9895
the order. The hearing shall proceed unless the provider withdraws	9896
the request for the hearing in a written letter to the director.	9897

(4) The director shall lift an order issued under division	9898
(D)(1) of this section if both of the following are the case:	9899

(a) The provider provides the director a plan of compliance	9900
the director determines is acceptable.	9901

(b) The director determines that the provider has implemented	9902
the plan of compliance correctly.	9903

Sec. 5123.169. The director of mental retardation and	9904
developmental disabilities shall adopt rules under Chapter 119. of	9905
the Revised Code establishing all of the following:	9906

(A) The extent to which a county board of ~~mental retardation~~	9907
~~and~~ developmental disabilities may provide supported living;	9908

(B) The application process for obtaining a supported living	9909
certificate under section 5123.161 of the Revised Code;	9910

(C) The certification standards a person or government entity	9911
must meet to obtain a supported living certificate to provide	9912
supported living;	9913

(D) The certification fee for a supported living certificate,	9914
which shall be deposited into the program fee fund created under	9915
section 5123.033 of the Revised Code;	9916

(E) The period of time a supported living certificate is	9917
valid;	9918

(F) The process for renewing a supported living certificate	9919
under section 5123.164 of the Revised Code;	9920

(G) The renewal fee for a supported living certificate, which	9921
shall be deposited into the program fee fund created under section	9922
5123.033 of the Revised Code;	9923

(H) Procedures for conducting surveys under section 5123.162	9924
of the Revised Code;	9925

(I) Procedures for determining whether there is good cause to	9926
take action under section 5123.166 of the Revised Code against a	9927
person or government entity seeking or holding a supported living	9928
certificate.	9929

Sec. 5123.171. As used in this section, "respite care" means	9930
appropriate, short-term, temporary care provided to a mentally	9931
retarded or developmentally disabled person to sustain the family	9932
structure or to meet planned or emergency needs of the family.	9933

The department of mental retardation and developmental	9934
disabilities shall provide respite care services to persons with	9935
mental retardation or a developmental disability for the purpose	9936
of promoting self-sufficiency and normalization, preventing or	9937
reducing inappropriate institutional care, and furthering the	9938
unity of the family by enabling the family to meet the special	9939
needs of a mentally retarded or developmentally disabled person.	9940

In order to be eligible for respite care services under this	9941
section, the mentally retarded or developmentally disabled person	9942
must be in need of habilitation services as defined in section	9943
5126.01 of the Revised Code.	9944

Respite care may be provided in a facility licensed under	9945
section 5123.19 of the Revised Code or certified as an	9946
intermediate care facility for the mentally retarded under Title	9947
XIX of the "Social Security Act," 49 Stat. 620 (1935), 42 U.S.C.	9948
301, as amended, or certified as a respite care home under section	9949
5126.05 of the Revised Code.	9950

The department shall develop a system for locating vacant	9951
beds that are available for respite care and for making	9952
information on vacant beds available to users of respite care	9953
services. Facilities certified as intermediate care facilities for	9954
the mentally retarded and facilities holding contracts with the	9955
department for the provision of residential services under section	9956
5123.18 of the Revised Code shall report vacant beds to the	9957
department but shall not be required to accept respite care	9958
clients.	9959

The director of mental retardation and developmental	9960
disabilities shall adopt, and may amend or rescind, rules in	9961
accordance with Chapter 119. of the Revised Code for both of the	9962
following:	9963

(A) Certification by county boards of ~~mental retardation and~~	9964
developmental disabilities of respite care homes;	9965

(B) Provision of respite care services authorized by this	9966
section. Rules adopted under this division shall establish all of	9967
the following:	9968

(1) A formula for distributing funds appropriated for respite	9969
care services;	9970

(2) Standards for supervision, training and quality control	9971
in the provision of respite care services;	9972

(3) Eligibility criteria for emergency respite care services.

9973

Sec. 5123.172. (A) As used in this section:

9974

(1) "Provider" means any person or government agency that	9975
owns, operates, manages, or is employed or under contract to	9976
operate a residential facility licensed under section 5123.19 of	9977
the Revised Code.	9978

(2) "Related to a provider" means that a person or government	9979
agency is affiliated with a provider, has control over the	9980
provider or is controlled by the provider, or is a member of the	9981
provider's family.	9982

(3) "Member of the provider's family" means the provider's	9983
spouse, natural or adoptive parent, stepparent, natural or	9984
adoptive child, stepchild, sibling, stepsister, stepbrother,	9985
half-brother, half-sister, daughter-in-law, son-in-law,	9986
brother-in-law, sister-in-law, grandparent, or grandchild.	9987

(B) Prior to entering into a contract with the department of	9988
mental retardation and developmental disabilities under section	9989
5123.18 of the Revised Code and as required thereafter, every	9990
provider holding or negotiating a contract with the department	9991
shall report upon the request of the department, in the form and	9992
on the schedule established in rules adopted by the department in	9993
accordance with Chapter 119. of the Revised Code, the following	9994
information:	9995

(1) The name and address of every person holding a financial	9996
interest of five per cent or more in the management or operation	9997
of the residential facility;	9998

(2) The names and addresses of members of the board of	9999
trustees or directors of the residential facility or of the	10000
management contractor;	10001

(3) Every contract or business transaction between the	10002
provider and any person or government agency related to the	10003
provider if such contract or transaction would affect rates of	10004
payment under section 5123.18 of the Revised Code.	10005

(C) The department shall make reports filed under division	10006
(B) of this section available to the appropriate county board of	10007
~~mental retardation and~~ developmental disabilities and any other	10008
appropriate public agencies.	10009

(D) Any provider who fails to comply with reporting	10010
requirements of this section shall be subject to a civil penalty	10011
not to exceed one thousand dollars for each violation and to	10012
possible license revocation.	10013

Sec. 5123.18. (A) As used in this section:

10014

(1) "Contractor" means a person or government agency that	10015
enters into a contract with the department of mental retardation	10016
and developmental disabilities under this section.	10017

(2) "Government agency" means a state agency as defined in	10018
section 117.01 of the Revised Code or a similar agency of a	10019
political subdivision of the state.	10020

(3) "Residential services" means the services necessary for	10021
an individual with mental retardation or a developmental	10022
disability to live in the community, including room and board,	10023
clothing, transportation, personal care, habilitation,	10024
supervision, and any other services the department considers	10025
necessary for the individual to live in the community.	10026

(B)(1) The department of mental retardation and developmental	10027
disabilities may enter into a contract with a person or government	10028
agency to provide residential services to individuals with mental	10029
retardation or developmental disabilities in need of residential	10030
services. Contracts for residential services shall be of the	10031
following types:	10032

(a) Companion home contracts - contracts under which the	10033
contractor is an individual, the individual is the primary	10034
caregiver, and the individual owns or leases and resides in the	10035
home in which the services are provided.	10036

(b) Agency-operated companion home contracts - contracts	10037
under which the contractor subcontracts, for purposes of	10038
coordinating the provision of residential services, with one or	10039
more individuals who are primary caregivers and own or lease and	10040
reside in the homes in which the services are provided.	10041

(c) Community home contracts - contracts for residential	10042
services under which the contractor owns or operates a home that	10043
is used solely to provide residential services.	10044

(d) Combined agency-operated companion home and community	10045
home contracts.	10046

(2) A companion home contract shall cover not more than one	10047
home. An agency-operated companion home contract or a community	10048
home contract may cover more than one home.	10049

(C) Contracts shall be in writing and shall provide for	10050
payment to be made to the contractor at the times agreed to by the	10051
department and the contractor. Each contract shall specify the	10052
period during which it is valid, the amount to be paid for	10053
residential services, and the number of individuals for whom	10054
payment will be made. Contracts may be renewed.	10055

(D) To be eligible to enter into a contract with the	10056
department under this section, the person or government agency and	10057
the home in which the residential services are provided must meet	10058
all applicable standards for licensing or certification by the	10059
appropriate government agency. In addition, if the residential	10060
facility is operated as a nonprofit entity, the members of the	10061
board of trustees or board of directors of the facility must not	10062
have a financial interest in or receive financial benefit from the	10063
facility, other than reimbursement for actual expenses incurred in	10064
attending board meetings.	10065

(E)(1) The department shall determine the payment amount	10066
assigned to an initial contract. To the extent that the department	10067
determines sufficient funds are available, the payment amount	10068
assigned to an initial contract shall be equal to the average	10069
amount assigned to contracts for other homes that are of the same	10070
type and size and serve individuals with similar needs, except	10071
that if an initial contract is the result of a change of	10072
contractor or ownership, the payment amount assigned to the	10073
contract shall be the lesser of the amount assigned to the	10074
previous contract or the contract's total adjusted predicted	10075
funding need calculated under division (I) of this section.	10076

(2) A renewed contract shall be assigned a payment amount in	10077
accordance with division (K) of this section.	10078

(3) When a contractor relocates a home to another site at	10079
which residential services are provided to the same individuals,	10080
the payment amount assigned to the contract for the new home shall	10081
be the payment amount assigned to the contract at the previous	10082
location.	10083

(F)(1) Annually, a contractor shall complete an assessment of	10084
each individual to whom the contractor provides residential	10085
services to predict the individual's need for routine direct	10086
services staff. The department shall establish by rule adopted in	10087
accordance with Chapter 119. of the Revised Code the assessment	10088
instrument to be used by contractors to make assessments.	10089
Assessments shall be submitted to the department not later than	10090
the thirty-first day of January of each year.	10091

A contractor shall submit a revised assessment for an	10092
individual if there is a substantial, long-term change in the	10093
nature of the individual's needs. A contractor shall submit	10094
revised assessments for all individuals receiving residential	10095
services if there is a change in the composition of the home's	10096
residents.	10097

(2) Annually, a contractor shall submit a cost report to the	10098
department specifying the costs incurred in providing residential	10099
services during the immediately preceding calendar year. Only	10100
costs actually incurred by a contractor shall be reported on a	10101
cost report. Cost reports shall be prepared according to a uniform	10102
chart of accounts approved by the department and shall be	10103
submitted on forms prescribed by the department.	10104

(3) The department shall not renew the contract held by a	10105
contractor who fails to submit the assessments or cost reports	10106
required under this division.	10107

(4) The department shall adopt rules as necessary regarding	10108
the submission of assessments and cost reports under this	10109
division. The rules shall be adopted in accordance with Chapter	10110
119. of the Revised Code.	10111

(G) Prior to renewing a contract entered into under this	10112
section, the department shall compute the contract's total	10113
predicted funding need and total adjusted predicted funding need.	10114
The department shall also compute the contract's unmet funding	10115
need if the payment amount assigned to the contract is less than	10116
the total adjusted predicted funding need. The results of these	10117
calculations shall be used to determine the payment amount	10118
assigned to the renewed contract.	10119

(H)(1) A contract's total predicted funding need is an amount	10120
equal to the sum of the predicted funding needs for the following	10121
cost categories:	10122

(a) Routine direct services staff;

10123

(b) Dietary, program supplies, and specialized staff;

10124

10125

(d) Administration.

10126

(2) Based on the assessments submitted by the contractor, the	10127
department shall compute the contract's predicted funding need for	10128
the routine direct services staff cost category by multiplying the	10129
number of direct services staff predicted to be necessary for the	10130
home by the sum of the following:	10131

(a) Entry level wages paid during the immediately preceding	10132
cost reporting period to comparable staff employed by the county	10133
board of ~~mental retardation and~~ developmental disabilities of the	10134
county in which the home is located;	10135

(b) Fringe benefits and payroll taxes as determined by the	10136
department using state civil service statistics from the same	10137
period as the cost reporting period.	10138

(3) The department shall establish by rule adopted in	10139
accordance with Chapter 119. of the Revised Code the method to be	10140
used to compute the predicted funding need for the dietary,	10141
program supplies, and specialized staff cost category; the	10142
facility and general services cost category; and the	10143
administration cost category. The rules shall not establish a	10144
maximum amount that may be attributed to the dietary, program	10145
supplies, and specialized staff cost category. The rules shall	10146
establish a process for determining the combined maximum amount	10147
that may be attributed to the facility and general services cost	10148
category and the administration cost category.	10149

(I)(1) A contract's total adjusted predicted funding need is	10150
the contract's total predicted funding need with adjustments made	10151
for the following:	10152

(a) Inflation, as provided under division (I)(2) of this	10153
section;	10154

(b) The predicted cost of complying with new requirements	10155
established under federal or state law that were not taken into	10156
consideration when the total predicted funding need was computed;	10157

(c) Changes in needs based on revised assessments submitted	10158
by the contractor.	10159

(2) In adjusting the total predicted funding need for	10160
inflation, the department shall use either the consumer price	10161
index compound annual inflation rate calculated by the United	10162
States department of labor for all items or another index or	10163
measurement of inflation designated in rules that the department	10164
shall adopt in accordance with Chapter 119. of the Revised Code.	10165

When a contract is being renewed for the first time, and the	10166
contract is to begin on the first day of July, the inflation	10167
adjustment applied to the contract's total predicted funding need	10168
shall be the estimated rate of inflation for the calendar year in	10169
which the contract is renewed. If the consumer price index is	10170
being used, the department shall base its estimate on the rate of	10171
inflation calculated for the three-month period ending the	10172
thirty-first day of March of that calendar year. If another index	10173
or measurement is being used, the department shall base its	10174
estimate on the most recent calculations of the rate of inflation	10175
available under the index or measurement. Each year thereafter,	10176
the inflation adjustment shall be estimated in the same manner,	10177
except that if the estimated rate of inflation for a year is	10178
different from the actual rate of inflation for that year, the	10179
difference shall be added to or subtracted from the rate of	10180
inflation estimated for the next succeeding year.	10181

If a contract begins at any time other than July first, the	10182
inflation adjustment applied to the contract's total predicted	10183
funding need shall be determined by a method comparable to that	10184
used for contracts beginning July first. The department shall	10185
adopt rules in accordance with Chapter 119. of the Revised Code	10186
establishing the method to be used.	10187

(J) A contract's unmet funding need is the difference between	10188
the payment amount assigned to the contract and the total adjusted	10189
predicted funding need, if the payment amount assigned is less	10190
than the total adjusted predicted funding need.	10191

(K) The payment amount to be assigned to a contract being	10192
renewed shall be determined by comparing the total adjusted	10193
predicted funding need with the payment amount assigned to the	10194
current contract.	10195

(1) If the payment amount assigned to the current contract	10196
equals or exceeds the total adjusted predicted funding need, the	10197
payment amount assigned to the renewed contract shall be the same	10198
as that assigned to the current contract, unless a reduction is	10199
made pursuant to division (L) of this section.	10200

(2) If the payment amount assigned to the current contract is	10201
less than the total adjusted predicted funding need, the payment	10202
amount assigned to the renewed contract shall be increased if the	10203
department determines that funds are available for such increases.	10204
The amount of a contract's increase shall be the same percentage	10205
of the available funds that the contract's unmet funding need is	10206
of the total of the unmet funding need for all contracts.	10207

(L) When renewing a contract provided for in division (B) of	10208
this section other than a companion home contract, the department	10209
may reduce the payment amount assigned to a renewed contract if	10210
the sum of the contractor's allowable reported costs and the	10211
maximum efficiency incentive is less than ninety-one and one-half	10212
per cent of the amount received pursuant to this section during	10213
the immediately preceding contract year.	10214

The department shall adopt rules in accordance with Chapter	10215
119. of the Revised Code establishing a formula to be used in	10216
computing the maximum efficiency incentive, which shall be at	10217
least four per cent of the weighted average payment amount to be	10218
made to all contractors during the contract year. The maximum	10219
efficiency incentive shall be computed annually.	10220

(M) The department may increase the payment amount assigned	10221
to a contract based on the contract's unmet funding need at times	10222
other than when the contract is renewed. The department may	10223
develop policies for determining priorities in making such	10224
increases.	10225

(N)(1) In addition to the contracts provided for in division	10226
(B) of this section, the department may enter into the following	10227
contracts:	10228

(a) A contract to pay the cost of beginning operation of a	10229
new home that is to be funded under a companion home contract,	10230
agency-operated companion home contract, community home contract,	10231
or combined agency-operated companion home and community home	10232
contract.	10233

(b) A contract to pay the cost associated with increasing the	10234
number of individuals served by a home funded under a companion	10235
home contract, agency-operated companion home contract, community	10236
home contract, or combined agency-operated companion home and	10237
community home contract.	10238

(2) The department shall adopt rules as necessary regarding	10239
contracts entered into under this division. The rules shall be	10240
adopted in accordance with Chapter 119. of the Revised Code.	10241

(O) Except for companion home contracts, the department shall	10242
conduct a reconciliation of the amount earned under a contract and	10243
the actual costs incurred by the contractor. An amount is	10244
considered to have been earned for delivering a service at the	10245
time the service is delivered. The department shall adopt rules in	10246
accordance with Chapter 119. of the Revised Code establishing	10247
procedures for conducting reconciliations.	10248

A reconciliation shall be based on the annual cost report	10249
submitted by the contractor. If a reconciliation reveals that a	10250
contractor owes money to the state, the amount owed shall be	10251
collected in accordance with section 5123.051 of the Revised Code.	10252

When conducting reconciliations, the department shall review	10253
all reported costs that may be affected by transactions required	10254
to be reported under division (B)(3) of section 5123.172 of the	10255
Revised Code. If the department determines that such transactions	10256
have increased the cost reported by a contractor, the department	10257
may disallow or adjust the cost allowable for payment. The	10258
department shall adopt rules in accordance with Chapter 119. of	10259
the Revised Code establishing standards for disallowances or	10260
adjustments.	10261

(P) The department may audit the contracts it enters into	10262
under this section. Audits may be conducted by the department or	10263
an entity with which the department contracts to perform the	10264
audits. The department shall adopt rules in accordance with	10265
Chapter 119. of the Revised Code establishing procedures for	10266
conducting audits.	10267

An audit may include the examination of a contractor's	10268
financial books and records, the costs incurred by a contractor in	10269
providing residential services, and any other relevant information	10270
specified by the department. An audit shall not be commenced more	10271
than four years after the expiration of the contract to be	10272
audited, except in cases where the department has reasonable cause	10273
to believe that a contractor has committed fraud.	10274

If an audit reveals that a contractor owes money to the	10275
state, the amount owed, subject to an adjudication hearing under	10276
this division, shall be collected in accordance with section	10277
5123.051 of the Revised Code. If an audit reveals that a	10278
reconciliation conducted under this section resulted in the	10279
contractor erroneously paying money to the state, the department	10280
shall refund the money to the contractor, or, in lieu of making a	10281
refund, the department may offset the erroneous payment against	10282
any money determined as a result of the audit to be owed by the	10283
contractor to the state. The department is not required to pay	10284
interest on any money refunded under this division.	10285

In conducting audits or making determinations of amounts owed	10286
by a contractor and amounts to be refunded or offset, the	10287
department shall not be bound by the results of reconciliations	10288
conducted under this section, except with regard to cases	10289
involving claims that have been certified pursuant to section	10290
5123.051 of the Revised Code to the attorney general for	10291
collection for which a full and final settlement has been reached	10292
or a final judgment has been made from which all rights of appeal	10293
have expired or been exhausted.	10294

Not later than ninety days after an audit's completion, the	10295
department shall provide the contractor a copy of a report of the	10296
audit. The report shall state the findings of the audit, including	10297
the amount of any money the contractor is determined to owe the	10298
state.	10299

(Q) The department shall adopt rules specifying the amount	10300
that will be allowed under a reconciliation or audit for the cost	10301
incurred by a contractor for compensation of owners,	10302
administrators, and other personnel. The rules shall be adopted in	10303
accordance with Chapter 119. of the Revised Code.	10304

(R) Each contractor shall, for at least seven years, maintain	10305
fiscal records related to payments received pursuant to this	10306
section.	10307

(S) The department may enter into shared funding agreements	10308
with other government agencies to fund contracts entered into	10309
under this section. The amount of each agency's share of the cost	10310
shall be determined through negotiations with the department. The	10311
department's share shall not exceed the amount it would have paid	10312
without entering into the shared funding agreement, nor shall it	10313
be reduced by any amounts contributed by the other parties to the	10314
agreement.	10315

(T) Except as provided in section 5123.194 of the Revised	10316
Code, an individual who receives residential services pursuant to	10317
divisions (A) through (U) of this section and the individual's	10318
liable relatives or guardians shall pay support charges in	10319
accordance with Chapter 5121. of the Revised Code.	10320

(U) The department may make reimbursements or payments for	10321
any of the following pursuant to rules adopted under this	10322
division:	10323

(1) Unanticipated, nonrecurring costs associated with the	10324
health or habilitation of a person who resides in a home funded	10325
under a contract provided for in division (B) of this section;	10326

(2) The cost of staff development training for contractors if	10327
the director of mental retardation and developmental disabilities	10328
has given prior approval for the training;	10329

(3) Fixed costs that the department, pursuant to the rules,	10330
determines relate to the continued operation of a home funded	10331
under a contract provided for in division (B) of this section when	10332
a short term vacancy occurs and the contractor has diligently	10333
attempted to fill the vacancy.	10334

The department shall adopt rules in accordance with Chapter	10335
119. of the Revised Code establishing standards for use in	10336
determining which costs it may make payment or reimbursements for	10337
under this division.	10338

(V) In addition to the rules required or authorized to be	10339
adopted under this section, the department may adopt any other	10340
rules necessary to implement divisions (A) through (U) of this	10341
section. The rules shall be adopted in accordance with Chapter	10342
119. of the Revised Code.	10343

(W) The department may delegate to county boards of ~~mental~~	10344
~~retardation and~~ developmental disabilities its authority under	10345
this section to negotiate and enter into contracts or subcontracts	10346
for residential services. In the event that it elects to delegate	10347
its authority, the department shall adopt rules in accordance with	10348
Chapter 119. of the Revised Code for the boards' administration of	10349
the contracts or subcontracts. In administering the contracts or	10350
subcontracts, the boards shall be subject to all applicable	10351
provisions of Chapter 5126. of the Revised Code and shall not be	10352
subject to the provisions of divisions (A) to (V) of this section.	10353

Subject to the department's rules, a board may require the	10354
following to contribute to the cost of the residential services an	10355
individual receives pursuant to this division: the individual or	10356
the individual's estate, the individual's spouse, the individual's	10357
guardian, and, if the individual is under age eighteen, either or	10358
both of the individual's parents. Chapter 5121. of the Revised	10359
Code shall not apply to individuals or entities that are subject	10360
to making contributions under this division. In calculating	10361
contributions to be made under this division, a board, subject to	10362
the department's rules, may allow an amount to be kept for meeting	10363
the personal needs of the individual who receives residential	10364
services.	10365

Sec. 5123.19. (A) As used in this section and in sections	10366
5123.191, 5123.194, 5123.196, 5123.198, and 5123.20 of the Revised	10367
Code:	10368

(1)(a) "Residential facility" means a home or facility in	10369
which a mentally retarded or developmentally disabled person	10370
resides, except the home of a relative or legal guardian in which	10371
a mentally retarded or developmentally disabled person resides, a	10372
respite care home certified under section 5126.05 of the Revised	10373
Code, a county home or district home operated pursuant to Chapter	10374
5155. of the Revised Code, or a dwelling in which the only	10375
mentally retarded or developmentally disabled residents are in an	10376
independent living arrangement or are being provided supported	10377
living.	10378

(b) "Intermediate care facility for the mentally retarded"	10379
means a residential facility that is considered an intermediate	10380
care facility for the mentally retarded for the purposes of	10381
Chapter 5111. of the Revised Code.	10382

(2) "Political subdivision" means a municipal corporation,	10383
county, or township.	10384

(3) "Independent living arrangement" means an arrangement in	10385
which a mentally retarded or developmentally disabled person	10386
resides in an individualized setting chosen by the person or the	10387
person's guardian, which is not dedicated principally to the	10388
provision of residential services for mentally retarded or	10389
developmentally disabled persons, and for which no financial	10390
support is received for rendering such service from any	10391
governmental agency by a provider of residential services.	10392

(4) "Licensee" means the person or government agency that has	10393
applied for a license to operate a residential facility and to	10394
which the license was issued under this section.	10395

(5) "Related party" has the same meaning as in section	10396
5123.16 of the Revised Code except that "provider" as used in the	10397
definition of "related party" means a person or government entity	10398
that held or applied for a license to operate a residential	10399
facility, rather than a person or government entity certified to	10400
provide supported living.	10401

(B) Every person or government agency desiring to operate a	10402
residential facility shall apply for licensure of the facility to	10403
the director of mental retardation and developmental disabilities	10404
unless the residential facility is subject to section 3721.02,	10405
3722.04, 5103.03, or 5119.20 of the Revised Code. Notwithstanding	10406
Chapter 3721. of the Revised Code, a nursing home that is	10407
certified as an intermediate care facility for the mentally	10408
retarded under Title XIX of the "Social Security Act," 79 Stat.	10409
286 (1965), 42 U.S.C.A. 1396, as amended, shall apply for	10410
licensure of the portion of the home that is certified as an	10411
intermediate care facility for the mentally retarded.	10412

(C) Subject to section 5123.196 of the Revised Code, the	10413
director of mental retardation and developmental disabilities	10414
shall license the operation of residential facilities. An initial	10415
license shall be issued for a period that does not exceed one	10416
year, unless the director denies the license under division (D) of	10417
this section. A license shall be renewed for a period that does	10418
not exceed three years, unless the director refuses to renew the	10419
license under division (D) of this section. The director, when	10420
issuing or renewing a license, shall specify the period for which	10421
the license is being issued or renewed. A license remains valid	10422
for the length of the licensing period specified by the director,	10423
unless the license is terminated, revoked, or voluntarily	10424
surrendered.	10425

(D) If it is determined that an applicant or licensee is not	10426
in compliance with a provision of this chapter that applies to	10427
residential facilities or the rules adopted under such a	10428
provision, the director may deny issuance of a license, refuse to	10429
renew a license, terminate a license, revoke a license, issue an	10430
order for the suspension of admissions to a facility, issue an	10431
order for the placement of a monitor at a facility, issue an order	10432
for the immediate removal of residents, or take any other action	10433
the director considers necessary consistent with the director's	10434
authority under this chapter regarding residential facilities. In	10435
the director's selection and administration of the sanction to be	10436
imposed, all of the following apply:	10437

(1) The director may deny, refuse to renew, or revoke a	10438
license, if the director determines that the applicant or licensee	10439
has demonstrated a pattern of serious noncompliance or that a	10440
violation creates a substantial risk to the health and safety of	10441
residents of a residential facility.	10442

(2) The director may terminate a license if more than twelve	10443
consecutive months have elapsed since the residential facility was	10444
last occupied by a resident or a notice required by division (K)	10445
of this section is not given.	10446

(3) The director may issue an order for the suspension of	10447
admissions to a facility for any violation that may result in	10448
sanctions under division (D)(1) of this section and for any other	10449
violation specified in rules adopted under division (H)(2) of	10450
this section. If the suspension of admissions is imposed for a	10451
violation that may result in sanctions under division (D)(1) of	10452
this section, the director may impose the suspension before	10453
providing an opportunity for an adjudication under Chapter 119. of	10454
the Revised Code. The director shall lift an order for the	10455
suspension of admissions when the director determines that the	10456
violation that formed the basis for the order has been corrected.	10457

(4) The director may order the placement of a monitor at a	10458
residential facility for any violation specified in rules adopted	10459
under division (H)(2) of this section. The director shall lift the	10460
order when the director determines that the violation that formed	10461
the basis for the order has been corrected.	10462

(5) If the director determines that two or more residential	10463
facilities owned or operated by the same person or government	10464
entity are not being operated in compliance with a provision of	10465
this chapter that applies to residential facilities or the rules	10466
adopted under such a provision, and the director's findings are	10467
based on the same or a substantially similar action, practice,	10468
circumstance, or incident that creates a substantial risk to the	10469
health and safety of the residents, the director shall conduct a	10470
survey as soon as practicable at each residential facility owned	10471
or operated by that person or government entity. The director may	10472
take any action authorized by this section with respect to any	10473
facility found to be operating in violation of a provision of this	10474
chapter that applies to residential facilities or the rules	10475
adopted under such a provision.	10476

(6) When the director initiates license revocation	10477
proceedings, no opportunity for submitting a plan of correction	10478
shall be given. The director shall notify the licensee by letter	10479
of the initiation of the proceedings. The letter shall list the	10480
deficiencies of the residential facility and inform the licensee	10481
that no plan of correction will be accepted. The director shall	10482
also send a copy of the letter to the county board of ~~mental~~	10483
~~retardation and~~ developmental disabilities. The county board shall	10484
send a copy of the letter to each of the following:	10485

(a) Each resident who receives services from the licensee;

10486

(b) The guardian of each resident who receives services from	10487
the licensee if the resident has a guardian;	10488

(c) The parent or guardian of each resident who receives	10489
services from the licensee if the resident is a minor.	10490

(7) Pursuant to rules which shall be adopted in accordance	10491
with Chapter 119. of the Revised Code, the director may order the	10492
immediate removal of residents from a residential facility	10493
whenever conditions at the facility present an immediate danger of	10494
physical or psychological harm to the residents.	10495

(8) In determining whether a residential facility is being	10496
operated in compliance with a provision of this chapter that	10497
applies to residential facilities or the rules adopted under such	10498
a provision, or whether conditions at a residential facility	10499
present an immediate danger of physical or psychological harm to	10500
the residents, the director may rely on information obtained by a	10501
county board of ~~mental retardation and~~ developmental disabilities	10502
or other governmental agencies.	10503

(9) In proceedings initiated to deny, refuse to renew, or	10504
revoke licenses, the director may deny, refuse to renew, or revoke	10505
a license regardless of whether some or all of the deficiencies	10506
that prompted the proceedings have been corrected at the time of	10507
the hearing.	10508

(E) The director shall establish a program under which public	10509
notification may be made when the director has initiated license	10510
revocation proceedings or has issued an order for the suspension	10511
of admissions, placement of a monitor, or removal of residents.	10512
The director shall adopt rules in accordance with Chapter 119. of	10513
the Revised Code to implement this division. The rules shall	10514
establish the procedures by which the public notification will be	10515
made and specify the circumstances for which the notification must	10516
be made. The rules shall require that public notification be made	10517
if the director has taken action against the facility in the	10518
eighteen-month period immediately preceding the director's latest	10519
action against the facility and the latest action is being taken	10520
for the same or a substantially similar violation of a provision	10521
of this chapter that applies to residential facilities or the	10522
rules adopted under such a provision. The rules shall specify a	10523
method for removing or amending the public notification if the	10524
director's action is found to have been unjustified or the	10525
violation at the residential facility has been corrected.	10526

(F)(1) Except as provided in division (F)(2) of this section,	10527
appeals from proceedings initiated to impose a sanction under	10528
division (D) of this section shall be conducted in accordance with	10529
Chapter 119. of the Revised Code.	10530

(2) Appeals from proceedings initiated to order the	10531
suspension of admissions to a facility shall be conducted in	10532
accordance with Chapter 119. of the Revised Code, unless the order	10533
was issued before providing an opportunity for an adjudication, in	10534
which case all of the following apply:	10535

(a) The licensee may request a hearing not later than ten	10536
days after receiving the notice specified in section 119.07 of the	10537
Revised Code.	10538

(b) If a timely request for a hearing that includes the	10539
licensee's current address is made, the hearing shall commence not	10540
later than thirty days after the department receives the request.	10541

(c) After commencing, the hearing shall continue	10542
uninterrupted, except for Saturdays, Sundays, and legal holidays,	10543
unless other interruptions are agreed to by the licensee and the	10544
director.	10545

(d) If the hearing is conducted by a hearing examiner, the	10546
hearing examiner shall file a report and recommendations not later	10547
than ten days after the last of the following:	10548

(i) The close of the hearing;

10549

(ii) If a transcript of the proceedings is ordered, the	10550
hearing examiner receives the transcript;	10551

(iii) If post-hearing briefs are timely filed, the hearing	10552
examiner receives the briefs.	10553

(e) A copy of the written report and recommendation of the	10554
hearing examiner shall be sent, by certified mail, to the licensee	10555
and the licensee's attorney, if applicable, not later than five	10556
days after the report is filed.	10557

(f) Not later than five days after the hearing examiner files	10558
the report and recommendations, the licensee may file objections	10559
to the report and recommendations.	10560

(g) Not later than fifteen days after the hearing examiner	10561
files the report and recommendations, the director shall issue an	10562
order approving, modifying, or disapproving the report and	10563
recommendations.	10564

(h) Notwithstanding the pendency of the hearing, the director	10565
shall lift the order for the suspension of admissions when the	10566
director determines that the violation that formed the basis for	10567
the order has been corrected.	10568

(G) Neither a person or government agency whose application	10569
for a license to operate a residential facility is denied nor a	10570
related party of the person or government agency may apply for a	10571
license to operate a residential facility before the date that is	10572
one year after the date of the denial. Neither a licensee whose	10573
residential facility license is revoked nor a related party of the	10574
licensee may apply for a residential facility license before the	10575
date that is five years after the date of the revocation.	10576

(H) In accordance with Chapter 119. of the Revised Code, the	10577
director shall adopt and may amend and rescind rules for licensing	10578
and regulating the operation of residential facilities, including	10579
intermediate care facilities for the mentally retarded. The rules	10580
for intermediate care facilities for the mentally retarded may	10581
differ from those for other residential facilities. The rules	10582
shall establish and specify the following:	10583

(1) Procedures and criteria for issuing and renewing	10584
licenses, including procedures and criteria for determining the	10585
length of the licensing period that the director must specify for	10586
each license when it is issued or renewed;	10587

(2) Procedures and criteria for denying, refusing to renew,	10588
terminating, and revoking licenses and for ordering the suspension	10589
of admissions to a facility, placement of a monitor at a facility,	10590
and the immediate removal of residents from a facility;	10591

(3) Fees for issuing and renewing licenses, which shall be	10592
deposited into the program fee fund created under section 5123.033	10593
of the Revised Code;	10594

(4) Procedures for surveying residential facilities;

10595

(5) Requirements for the training of residential facility	10596
personnel;	10597

(6) Classifications for the various types of residential	10598
facilities;	10599

(7) Certification procedures for licensees and management	10600
contractors that the director determines are necessary to ensure	10601
that they have the skills and qualifications to properly operate	10602
or manage residential facilities;	10603

(8) The maximum number of persons who may be served in a	10604
particular type of residential facility;	10605

(9) Uniform procedures for admission of persons to and	10606
transfers and discharges of persons from residential facilities;	10607

(10) Other standards for the operation of residential	10608
facilities and the services provided at residential facilities;	10609

(11) Procedures for waiving any provision of any rule adopted	10610
under this section.	10611

(I) Before issuing a license, the director of the department	10612
or the director's designee shall conduct a survey of the	10613
residential facility for which application is made. The director	10614
or the director's designee shall conduct a survey of each	10615
licensed residential facility at least once during the period the	10616
license is valid and may conduct additional inspections as needed.	10617
A survey includes but is not limited to an on-site examination and	10618
evaluation of the residential facility, its personnel, and the	10619
services provided there.	10620

In conducting surveys, the director or the director's	10621
designee shall be given access to the residential facility; all	10622
records, accounts, and any other documents related to the	10623
operation of the facility; the licensee; the residents of the	10624
facility; and all persons acting on behalf of, under the control	10625
of, or in connection with the licensee. The licensee and all	10626
persons on behalf of, under the control of, or in connection with	10627
the licensee shall cooperate with the director or the director's	10628
designee in conducting the survey.	10629

Following each survey, unless the director initiates a	10630
license revocation proceeding, the director or the director's	10631
designee shall provide the licensee with a report listing any	10632
deficiencies, specifying a timetable within which the licensee	10633
shall submit a plan of correction describing how the deficiencies	10634
will be corrected, and, when appropriate, specifying a timetable	10635
within which the licensee must correct the deficiencies. After a	10636
plan of correction is submitted, the director or the director's	10637
designee shall approve or disapprove the plan. A copy of the	10638
report and any approved plan of correction shall be provided to	10639
any person who requests it.	10640

The director shall initiate disciplinary action against any	10641
department employee who notifies or causes the notification to any	10642
unauthorized person of an unannounced survey of a residential	10643
facility by an authorized representative of the department.	10644

(J) In addition to any other information which may be	10645
required of applicants for a license pursuant to this section, the	10646
director shall require each applicant to provide a copy of an	10647
approved plan for a proposed residential facility pursuant to	10648
section 5123.042 of the Revised Code. This division does not apply	10649
to renewal of a license.	10650

(K) A licensee shall notify the owner of the building in	10651
which the licensee's residential facility is located of any	10652
significant change in the identity of the licensee or management	10653
contractor before the effective date of the change if the licensee	10654
is not the owner of the building.	10655

Pursuant to rules which shall be adopted in accordance with	10656
Chapter 119. of the Revised Code, the director may require	10657
notification to the department of any significant change in the	10658
ownership of a residential facility or in the identity of the	10659
licensee or management contractor. If the director determines that	10660
a significant change of ownership is proposed, the director shall	10661
consider the proposed change to be an application for development	10662
by a new operator pursuant to section 5123.042 of the Revised Code	10663
and shall advise the applicant within sixty days of the	10664
notification that the current license shall continue in effect or	10665
a new license will be required pursuant to this section. If the	10666
director requires a new license, the director shall permit the	10667
facility to continue to operate under the current license until	10668
the new license is issued, unless the current license is revoked,	10669
refused to be renewed, or terminated in accordance with Chapter	10670
119. of the Revised Code.	10671

(L) A county board of ~~mental retardation and~~ developmental	10672
disabilities, the legal rights service, and any interested person	10673
may file complaints alleging violations of statute or department	10674
rule relating to residential facilities with the department. All	10675
complaints shall be in writing and shall state the facts	10676
constituting the basis of the allegation. The department shall not	10677
reveal the source of any complaint unless the complainant agrees	10678
in writing to waive the right to confidentiality or until so	10679
ordered by a court of competent jurisdiction.	10680

The department shall adopt rules in accordance with Chapter	10681
119. of the Revised Code establishing procedures for the receipt,	10682
referral, investigation, and disposition of complaints filed with	10683
the department under this division.	10684

(M) The department shall establish procedures for the	10685
notification of interested parties of the transfer or interim care	10686
of residents from residential facilities that are closing or are	10687
losing their license.	10688

(N) Before issuing a license under this section to a	10689
residential facility that will accommodate at any time more than	10690
one mentally retarded or developmentally disabled individual, the	10691
director shall, by first class mail, notify the following:	10692

(1) If the facility will be located in a municipal	10693
corporation, the clerk of the legislative authority of the	10694
municipal corporation;	10695

(2) If the facility will be located in unincorporated	10696
territory, the clerk of the appropriate board of county	10697
commissioners and the fiscal officer of the appropriate board of	10698
township trustees.	10699

The director shall not issue the license for ten days after	10700
mailing the notice, excluding Saturdays, Sundays, and legal	10701
holidays, in order to give the notified local officials time in	10702
which to comment on the proposed issuance.	10703

Any legislative authority of a municipal corporation, board	10704
of county commissioners, or board of township trustees that	10705
receives notice under this division of the proposed issuance of a	10706
license for a residential facility may comment on it in writing to	10707
the director within ten days after the director mailed the notice,	10708
excluding Saturdays, Sundays, and legal holidays. If the director	10709
receives written comments from any notified officials within the	10710
specified time, the director shall make written findings	10711
concerning the comments and the director's decision on the	10712
issuance of the license. If the director does not receive written	10713
comments from any notified local officials within the specified	10714
time, the director shall continue the process for issuance of the	10715
license.	10716

(O) Any person may operate a licensed residential facility	10717
that provides room and board, personal care, habilitation	10718
services, and supervision in a family setting for at least six but	10719
not more than eight persons with mental retardation or a	10720
developmental disability as a permitted use in any residential	10721
district or zone, including any single-family residential district	10722
or zone, of any political subdivision. These residential	10723
facilities may be required to comply with area, height, yard, and	10724
architectural compatibility requirements that are uniformly	10725
imposed upon all single-family residences within the district or	10726
zone.	10727

(P) Any person may operate a licensed residential facility	10728
that provides room and board, personal care, habilitation	10729
services, and supervision in a family setting for at least nine	10730
but not more than sixteen persons with mental retardation or a	10731
developmental disability as a permitted use in any multiple-family	10732
residential district or zone of any political subdivision, except	10733
that a political subdivision that has enacted a zoning ordinance	10734
or resolution establishing planned unit development districts may	10735
exclude these residential facilities from those districts, and a	10736
political subdivision that has enacted a zoning ordinance or	10737
resolution may regulate these residential facilities in	10738
multiple-family residential districts or zones as a conditionally	10739
permitted use or special exception, in either case, under	10740
reasonable and specific standards and conditions set out in the	10741
zoning ordinance or resolution to:	10742

(1) Require the architectural design and site layout of the	10743
residential facility and the location, nature, and height of any	10744
walls, screens, and fences to be compatible with adjoining land	10745
uses and the residential character of the neighborhood;	10746

(2) Require compliance with yard, parking, and sign	10747
regulation;	10748

(3) Limit excessive concentration of these residential	10749
facilities.	10750

(Q) This section does not prohibit a political subdivision	10751
from applying to residential facilities nondiscriminatory	10752
regulations requiring compliance with health, fire, and safety	10753
regulations and building standards and regulations.	10754

(R) Divisions (O) and (P) of this section are not applicable	10755
to municipal corporations that had in effect on June 15, 1977, an	10756
ordinance specifically permitting in residential zones licensed	10757
residential facilities by means of permitted uses, conditional	10758
uses, or special exception, so long as such ordinance remains in	10759
effect without any substantive modification.	10760

(S)(1) The director may issue an interim license to operate a	10761
residential facility to an applicant for a license under this	10762
section if either of the following is the case:	10763

(a) The director determines that an emergency exists	10764
requiring immediate placement of persons in a residential	10765
facility, that insufficient licensed beds are available, and that	10766
the residential facility is likely to receive a permanent license	10767
under this section within thirty days after issuance of the	10768
interim license.	10769

(b) The director determines that the issuance of an interim	10770
license is necessary to meet a temporary need for a residential	10771
facility.	10772

(2) To be eligible to receive an interim license, an	10773
applicant must meet the same criteria that must be met to receive	10774
a permanent license under this section, except for any differing	10775
procedures and time frames that may apply to issuance of a	10776
permanent license.	10777

(3) An interim license shall be valid for thirty days and may	10778
be renewed by the director for a period not to exceed one hundred	10779
fifty days.	10780

(4) The director shall adopt rules in accordance with Chapter	10781
119. of the Revised Code as the director considers necessary to	10782
administer the issuance of interim licenses.	10783

(T) Notwithstanding rules adopted pursuant to this section	10784
establishing the maximum number of persons who may be served in a	10785
particular type of residential facility, a residential facility	10786
shall be permitted to serve the same number of persons being	10787
served by the facility on the effective date of the rules or the	10788
number of persons for which the facility is authorized pursuant to	10789
a current application for a certificate of need with a letter of	10790
support from the department of mental retardation and	10791
developmental disabilities and which is in the review process	10792
prior to April 4, 1986.	10793

(U) The director or the director's designee may enter at any	10794
time, for purposes of investigation, any home, facility, or other	10795
structure that has been reported to the director or that the	10796
director has reasonable cause to believe is being operated as a	10797
residential facility without a license issued under this section.	10798

The director may petition the court of common pleas of the	10799
county in which an unlicensed residential facility is located for	10800
an order enjoining the person or governmental agency operating the	10801
facility from continuing to operate without a license. The court	10802
may grant the injunction on a showing that the person or	10803
governmental agency named in the petition is operating a	10804
residential facility without a license. The court may grant the	10805
injunction, regardless of whether the residential facility meets	10806
the requirements for receiving a license under this section.	10807

Sec. 5123.191. (A) The court of common pleas or a judge	10808
thereof in the judge's county, or the probate court, may appoint a	10809
receiver to take possession of and operate a residential facility	10810
licensed by the department of mental retardation and developmental	10811
disabilities, in causes pending in such courts respectively, when	10812
conditions existing at the facility present a substantial risk of	10813
physical or mental harm to residents and no other remedies at law	10814
are adequate to protect the health, safety, and welfare of the	10815
residents. Conditions at the facility that may present such risk	10816
of harm include, but are not limited to, instances when any of the	10817
following occur:	10818

(1) The residential facility is in violation of state or	10819
federal law or regulations.	10820

(2) The facility has had its license revoked or procedures	10821
for revocation have been initiated, or the facility is closing or	10822
intends to cease operations.	10823

(3) Arrangements for relocating residents need to be made.

10824

(4) Insolvency of the operator, licensee, or landowner	10825
threatens the operation of the facility.	10826

(5) The facility or operator has demonstrated a pattern and	10827
practice of repeated violations of state or federal laws or	10828
regulations.	10829

(B) A court in which a petition is filed pursuant to this	10830
section shall notify the person holding the license for the	10831
facility and the department of mental retardation and	10832
developmental disabilities of the filing. The court shall order	10833
the department to notify the legal rights service, facility owner,	10834
facility operator, county board of ~~mental retardation and~~	10835
developmental disabilities, facility residents, and residents'	10836
parents and guardians of the filing of the petition.	10837

The court shall provide a hearing on the petition within five	10838
court days of the time it was filed, except that the court may	10839
appoint a receiver prior to that time if it determines that the	10840
circumstances necessitate such action. Following a hearing on the	10841
petition, and upon a determination that the appointment of a	10842
receiver is warranted, the court shall appoint a receiver and	10843
notify the department of mental retardation and developmental	10844
disabilities and appropriate persons of this action.	10845

(C) A residential facility for which a receiver has been	10846
named is deemed to be in compliance with section 5123.19 and	10847
Chapter 3721. of the Revised Code for the duration of the	10848
receivership.	10849

(D) When the operating revenue of a residential facility in	10850
receivership is insufficient to meet its operating expenses,	10851
including the cost of bringing the facility into compliance with	10852
state or federal laws or regulations, the court may order the	10853
state to provide necessary funding, except as provided in division	10854
(K) of this section. The state shall provide such funding, subject	10855
to the approval of the controlling board. The court may also order	10856
the appropriate authorities to expedite all inspections necessary	10857
for the issuance of licenses or the certification of a facility,	10858
and order a facility to be closed if it determines that reasonable	10859
efforts cannot bring the facility into substantial compliance with	10860
the law.	10861

(E) In establishing a receivership, the court shall set forth	10862
the powers and duties of the receiver. The court may generally	10863
authorize the receiver to do all that is prudent and necessary to	10864
safely and efficiently operate the residential facility within the	10865
requirements of state and federal law, but shall require the	10866
receiver to obtain court approval prior to making any single	10867
expenditure of more than five thousand dollars to correct	10868
deficiencies in the structure or furnishings of a facility. The	10869
court shall closely review the conduct of the receiver it has	10870
appointed and shall require regular and detailed reports. The	10871
receivership shall be reviewed at least every sixty days.	10872

(F) A receivership established pursuant to this section shall	10873
be terminated, following notification of the appropriate parties	10874
and a hearing, if the court determines either of the following:	10875

(1) The residential facility has been closed and the former	10876
residents have been relocated to an appropriate facility.	10877

(2) Circumstances no longer exist at the facility that	10878
present a substantial risk of physical or mental harm to	10879
residents, and there is no deficiency in the facility that is	10880
likely to create a future risk of harm.	10881

Notwithstanding division (F)(2) of this section, the court	10882
shall not terminate a receivership for a residential facility that	10883
has previously operated under another receivership unless the	10884
responsibility for the operation of the facility is transferred to	10885
an operator approved by the court and the department of mental	10886
retardation and developmental disabilities.	10887

(G) The department of mental retardation and developmental	10888
disabilities may, upon its own initiative or at the request of an	10889
owner, operator, or resident of a residential facility, or at the	10890
request of a resident's guardian or relative, a county board of	10891
~~mental retardation and~~ developmental disabilities, or the legal	10892
rights service, petition the court to appoint a receiver to take	10893
possession of and operate a residential facility. When the	10894
department has been requested to file a petition by any of the	10895
parties listed above, it shall, within forty-eight hours of such	10896
request, either file such a petition or notify the requesting	10897
party of its decision not to file. If the department refuses to	10898
file, the requesting party may file a petition with the court	10899
requesting the appointment of a receiver to take possession of and	10900
operate a residential facility.	10901

Petitions filed pursuant to this division shall include the	10902
following:	10903

(1) A description of the specific conditions existing at the	10904
facility which present a substantial risk of physical or mental	10905
harm to residents;	10906

(2) A statement of the absence of other adequate remedies at	10907
law;	10908

(3) The number of individuals residing at the facility;

10909

(4) A statement that the facts have been brought to the	10910
attention of the owner or licensee and that conditions have not	10911
been remedied within a reasonable period of time or that the	10912
conditions, though remedied periodically, habitually exist at the	10913
facility as a pattern or practice;	10914

(5) The name and address of the person holding the license	10915
for the facility and the address of the department of mental	10916
retardation and developmental disabilities.	10917

The court may award to an operator appropriate costs and	10918
expenses, including reasonable attorney's fees, if it determines	10919
that a petitioner has initiated a proceeding in bad faith or	10920
merely for the purpose of harassing or embarrassing the operator.	10921

(H) Except for the department of mental retardation and	10922
developmental disabilities or a county board of ~~mental retardation~~	10923
~~and~~ developmental disabilities, no party or person interested in	10924
an action shall be appointed a receiver pursuant to this section.	10925

To assist the court in identifying persons qualified to be	10926
named as receivers, the director of mental retardation and	10927
developmental disabilities or the director's designee shall	10928
maintain a list of the names of such persons. The director shall,	10929
in accordance with Chapter 119. of the Revised Code, establish	10930
standards for evaluating persons desiring to be included on such a	10931
list.	10932

(I) Before a receiver enters upon the duties of that person,	10933
the receiver must be sworn to perform the duties of receiver	10934
faithfully, and, with surety approved by the court, judge, or	10935
clerk, execute a bond to such person, and in such sum as the court	10936
or judge directs, to the effect that such receiver will faithfully	10937
discharge the duties of receiver in the action, and obey the	10938
orders of the court therein.	10939

(J) Under the control of the appointing court, a receiver may	10940
bring and defend actions in the receiver's own name as receiver	10941
and take and keep possession of property.	10942

The court shall authorize the receiver to do the following:

10943

(1) Collect payment for all goods and services provided to	10944
the residents or others during the period of the receivership at	10945
the same rate as was charged by the licensee at the time the	10946
petition for receivership was filed, unless a different rate is	10947
set by the court;	10948

(2) Honor all leases, mortgages, and secured transactions	10949
governing all buildings, goods, and fixtures of which the receiver	10950
has taken possession and continues to use, subject to the	10951
following conditions:	10952

(a) In the case of a rental agreement, only to the extent of	10953
payments that are for the use of the property during the period of	10954
the receivership;	10955

(b) In the case of a purchase agreement only to the extent of	10956
payments that come due during the period of the receivership;	10957

(c) If the court determines that the cost of the lease,	10958
mortgage, or secured transaction was increased by a transaction	10959
required to be reported under division (B)(3) of section 5123.172	10960
of the Revised Code, only to the extent determined by the court to	10961
be the fair market value for use of the property during the period	10962
of the receivership.	10963

(3) If transfer of residents is necessary, provide for the	10964
orderly transfer of residents by doing the following:	10965

(a) Cooperating with all appropriate state and local agencies	10966
in carrying out the transfer of residents to alternative community	10967
placements;	10968

(b) Providing for the transportation of residents' belongings	10969
and records;	10970

(c) Helping to locate alternative placements and develop	10971
discharge plans;	10972

(d) Preparing residents for the trauma of discharge;

10973

(e) Permitting residents or guardians to participate in	10974
transfer or discharge planning except when an emergency exists and	10975
immediate transfer is necessary.	10976

(4) Make periodic reports on the status of the residential	10977
program to the appropriate state agency, county board of ~~mental~~	10978
~~retardation and~~ developmental disabilities, parents, guardians,	10979
and residents;	10980

(5) Compromise demands or claims;

10981

(6) Generally do such acts respecting the residential	10982
facility as the court authorizes.	10983

(K) Neither the receiver nor the department of mental	10984
retardation and developmental disabilities is liable for debts	10985
incurred by the owner or operator of a residential facility for	10986
which a receiver has been appointed.	10987

(L) The department of mental retardation and developmental	10988
disabilities may contract for the operation of a residential	10989
facility in receivership. The department shall establish the	10990
conditions of a contract. A condition may be the same as, similar	10991
to, or different from a condition established by section 5123.18	10992
of the Revised Code and the rules adopted under that section for a	10993
contract entered into under that section. Notwithstanding any	10994
other provision of law, contracts that are necessary to carry out	10995
the powers and duties of the receiver need not be competitively	10996
bid.	10997

(M) The department of mental retardation and developmental	10998
disabilities, the department of job and family services, and the	10999
department of health shall provide technical assistance to any	11000
receiver appointed pursuant to this section.	11001

Sec. 5123.211. (A) As used in this section, "residential	11002
services" has the same meaning as in section 5126.01 of the	11003
Revised Code.	11004

(B) The department of mental retardation and developmental	11005
disabilities shall provide or arrange provision of residential	11006
services for each person who, on or after July 1, 1989, ceases to	11007
be a resident of a state institution because of closure of the	11008
institution or a reduction in the institution's population by	11009
forty per cent or more within a period of one year. The services	11010
shall be provided in the county in which the person chooses to	11011
reside and shall consist of one of the following as determined	11012
appropriate by the department in consultation with the county	11013
board of ~~mental retardation and~~ developmental disabilities of the	11014
county in which the services are to be provided:	11015

(1) Residential services provided pursuant to section 5123.18	11016
of the Revised Code;	11017

(2) Residential services for which reimbursement is made	11018
under the medical assistance program established under section	11019
5111.01 of the Revised Code;	11020

(3) Residential services provided in a manner or setting	11021
approved by the director of mental retardation and developmental	11022
disabilities.	11023

(C) Not less than six months prior to closing a state	11024
institution or reducing a state institution's population by forty	11025
per cent or more within a period of one year, the department shall	11026
identify those counties in which individuals leaving the	11027
institution have chosen to reside and notify the county boards of	11028
~~mental retardation and~~ developmental disabilities in those	11029
counties of the need to develop the services specified in division	11030
(B) of this section. The notice shall specify the number of	11031
individuals requiring services who plan to reside in the county	11032
and indicate the amount of funds the department will use to	11033
provide or arrange services for those individuals.	11034

(D) In each county in which one or more persons receive	11035
residential services pursuant to division (B) of this section, the	11036
department shall provide or arrange provision of residential	11037
services, or shall distribute moneys to the county board of ~~mental~~	11038
~~retardation and~~ developmental disabilities to provide or arrange	11039
provision of residential services, for an equal number of persons	11040
with mental retardation or developmental disabilities in that	11041
county who the county board has determined need residential	11042
services but are not receiving them.	11043

Sec. 5123.351. The director of mental retardation and	11044
developmental disabilities, with respect to the eligibility for	11045
state reimbursement of expenses incurred by facilities and	11046
programs established and operated under Chapter 5126. of the	11047
Revised Code for persons with mental retardation or a	11048
developmental disability, shall do all of the following:	11049

(A) Make rules that may be necessary to carry out the	11050
purposes of Chapter 5126. and sections 5123.35, 5123.351, and	11051
5123.36 of the Revised Code;	11052

(B) Define minimum standards for qualifications of personnel,	11053
professional services, and in-service training and educational	11054
leave programs;	11055

(C) Review and evaluate community programs and make	11056
recommendations for needed improvements to county boards of ~~mental~~	11057
~~retardation and~~ developmental disabilities and to program	11058
directors;	11059

(D) Withhold state reimbursement, in whole or in part, from	11060
any county or combination of counties for failure to comply with	11061
Chapter 5126. or section 5123.35 or 5123.351 of the Revised Code	11062
or rules of the department of mental retardation and developmental	11063
disabilities;	11064

(E) Withhold state funds from an agency, corporation, or	11065
association denying or rendering service on the basis of race,	11066
color, sex, religion, ancestry, national origin, disability as	11067
defined in section 4112.01 of the Revised Code, or inability to	11068
pay;	11069

(F) Provide consultative staff service to communities to	11070
assist in ascertaining needs and in planning and establishing	11071
programs.	11072

Sec. 5123.36. (A) To the extent funds are available and on	11073
application by a county board of ~~mental retardation and~~	11074
developmental disabilities or private nonprofit agency	11075
incorporated to provide mental retardation or developmental	11076
disability services, the director of mental retardation and	11077
developmental disabilities may enter into an agreement with the	11078
county board or agency to assist the county board or agency with a	11079
mental retardation or developmental disability construction	11080
project. Except as provided by division (B) of this section, the	11081
director may provide up to ninety per cent of the total project	11082
cost where circumstances warrant. The director may, where	11083
circumstances warrant, use existing facilities or other in-kind	11084
match for the local share of the communities' share of the cost.	11085

(B) Upon the recommendation of the director, for projects of	11086
the highest priority of the department of mental retardation and	11087
developmental disabilities, the controlling board may authorize	11088
the director to provide more than ninety per cent of the total	11089
cost of a project under this section.	11090

(C) A county board is eligible for funds under this section	11091
for a project bid on or after January 1, 1992, under either	11092
section 153.07 or 307.86 of the Revised Code, as long as all other	11093
applicable requirements were followed.	11094

(D) A private nonprofit agency that receives funds pursuant	11095
to this section for the construction of a single-family home,	11096
including, where appropriate, the acquisition and installation of	11097
a single-family home fabricated in an off-site facility, is not	11098
subject to the requirements of Chapter 153. of the Revised Code	11099
with respect to the construction project, notwithstanding any	11100
provision of that chapter to the contrary.	11101

(E) The director may not assist a project under this section	11102
unless the controlling board or director of budget and management	11103
also approves the project pursuant to section 126.14 of the	11104
Revised Code.	11105

Sec. 5123.37. A county board of ~~mental retardation and~~	11106
developmental disabilities or private, nonprofit agency that	11107
receives state funds pursuant to an agreement with the director of	11108
mental retardation and developmental disabilities under section	11109
5123.36 of the Revised Code to acquire a facility may apply to the	11110
director for approval to sell the facility before the terms of the	11111
agreement expire for the purpose of acquiring a replacement	11112
facility to be used to provide mental retardation or developmental	11113
disability services to individuals the county board or agency	11114
serves. The application shall be made on a form the director shall	11115
prescribe. The county board or agency shall include in the	11116
application the specific purpose for which the replacement	11117
facility is to be used. The director may refuse to approve the	11118
application if the director determines that any of the following	11119
apply:	11120

(A) The application is incomplete or indicates that the	11121
county board or agency is unable to purchase a replacement	11122
facility.	11123

(B) The replacement facility would not be used to continue to	11124
provide mental retardation or developmental disability services	11125
that the director determines are appropriate for the individuals	11126
the county board or agency serves.	11127

(C) The county board or agency has failed to comply with a	11128
provision of Chapter 5123. or 5126. of the Revised Code or a rule	11129
adopted by the director.	11130

(D) Approving the application would be inconsistent with the	11131
plans and priorities of the department of mental retardation and	11132
developmental disabilities.	11133

Sec. 5123.371. If the director of mental retardation and	11134
developmental disabilities approves an application submitted under	11135
section 5123.37 of the Revised Code, the county board of ~~mental~~	11136
~~retardation and~~ developmental disabilities or private, nonprofit	11137
agency that submitted the application shall, after selling the	11138
facility for which the county board or agency received approval to	11139
sell, pay to the director the portion of the proceeds that equals	11140
the amount that the director determines the county board or agency	11141
owes the department of mental retardation and developmental	11142
disabilities, including the department's security interest in the	11143
facility, for the state funds used to acquire the facility.	11144

Sec. 5123.372. If the director of mental retardation and	11145
developmental disabilities approves an application submitted under	11146
section 5123.37 of the Revised Code, the director shall establish	11147
a deadline by which the county board of ~~mental retardation and~~	11148
developmental disabilities or private, nonprofit agency that	11149
submitted the application must notify the director that the county	11150
board or agency is ready to acquire a replacement facility to be	11151
used for the purpose stated in the application. The director may	11152
extend the deadline as many times as the director determines	11153
necessary.	11154

Sec. 5123.373. If, on or before the deadline or, if any, the	11155
last extended deadline established under section 5123.372 of the	11156
Revised Code for a county board of ~~mental retardation and~~	11157
developmental disabilities or private, nonprofit agency, the	11158
county board or agency notifies the director of mental retardation	11159
and developmental disabilities that the county board or agency is	11160
ready to acquire the replacement facility, the director shall	11161
enter into an agreement with the county board or agency that	11162
provides for the director to pay to the county board or agency a	11163
percentage of the cost of acquiring the replacement facility. The	11164
agreement shall specify the amount that the director shall pay.	11165
The amount may be the amount of the security interest that the	11166
department of mental retardation and developmental disabilities	11167
had in the previous facility or a different amount. The agreement	11168
may provide for the department to hold a security interest in the	11169
replacement facility.	11170

Sec. 5123.374. (A) The director of mental retardation and	11171
developmental disabilities may rescind approval of an application	11172
submitted under section 5123.37 of the Revised Code if either of	11173
the following occurs:	11174

(1) The county board of ~~mental retardation and~~ developmental	11175
disabilities or private, nonprofit agency that submitted the	11176
application fails, on or before the deadline or, if any, the last	11177
extended deadline established under section 5123.372 of the	11178
Revised Code for the county board or agency, to notify the	11179
director that the county board or agency is ready to acquire the	11180
replacement facility.	11181

(2) The county board or agency at any time notifies the	11182
director that the county board or agency no longer intends to	11183
acquire a replacement facility.	11184

(B) If the director rescinds approval of an application, the	11185
director shall use any funds the county board or agency paid to	11186
the director under section 5123.371 of the Revised Code to assist	11187
mental retardation or developmental disabilities construction	11188
projects under section 5123.36 of the Revised Code.	11189

Sec. 5123.375. The MR/DD community capital replacement	11190
facilities fund is hereby created in the state treasury. The	11191
director of mental retardation and developmental disabilities	11192
shall credit all amounts paid to the director under section	11193
5123.371 of the Revised Code to the fund. The director shall use	11194
the money in the fund as follows:	11195

(A) To make payments to county boards of ~~mental retardation~~	11196
~~and~~ developmental disabilities and private, nonprofit agencies	11197
pursuant to agreements entered into under section 5123.373 of the	11198
Revised Code;	11199

(B) To provide, pursuant to section 5123.374 of the Revised	11200
Code, assistance for mental retardation or developmental	11201
disabilities construction projects under section 5123.36 of the	11202
Revised Code.	11203

Sec. 5123.38. (A) Except as provided in division (B) and (C)	11204
of this section, if an individual receiving supported living or	11205
home and community-based services funded by a county board of	11206
~~mental retardation and~~ developmental disabilities is committed to	11207
a state-operated intermediate care facility for the mentally	11208
retarded pursuant to sections 5123.71 to 5123.76 of the Revised	11209
Code, the department of mental retardation and developmental	11210
disabilities shall use the funds otherwise allocated to the county	11211
board as the nonfederal share of medicaid expenditures for the	11212
individual's care in the state-operated facility.	11213

(B) Division (A) of this section does not apply if the county	11214
board, not later than ninety days after the date of the commitment	11215
of a person receiving supported services, commences funding of	11216
supported living for an individual who resides in a state-operated	11217
intermediate care facility for the mentally retarded on the date	11218
of the commitment or another eligible individual designated by the	11219
department.	11220

(C) Division (A) of this section does not apply if the county	11221
board, not later than ninety days after the date of the commitment	11222
of a person receiving home and community-based services, commences	11223
funding of home and community-based services for an individual who	11224
resides in a state-operated intermediate care facility for the	11225
mentally retarded on the date of the commitment or another	11226
eligible individual designated by the department.	11227

Sec. 5123.41. As used in this section and sections 5123.42	11228
to 5123.47 of the Revised Code:	11229

(A) "Adult services" has the same meaning as in section	11230
5126.01 of the Revised Code.	11231

(B) "Certified supported living provider" means a person or	11232
government entity certified under section 5123.161 of the Revised	11233
Code.	11234

(C) "Drug" has the same meaning as in section 4729.01 of the	11235
Revised Code.	11236

(D) "Family support services" has the same meaning as in	11237
section 5126.01 of the Revised Code.	11238

(E) "Health-related activities" means the following:

11239

(1) Taking vital signs;

11240

(2) Application of clean dressings that do not require health	11241
assessment;	11242

(3) Basic measurement of bodily intake and output;

11243

(4) Oral suctioning;

11244

(5) Use of glucometers;

11245

(6) External urinary catheter care;

11246

(7) Emptying and replacing colostomy bags;

11247

(8) Collection of specimens by noninvasive means.

11248

(F) "Licensed health professional authorized to prescribe	11249
drugs" has the same meaning as in section 4729.01 of the Revised	11250
Code.	11251

(G) "MR/DD personnel" means the employees and the workers	11252
under contract who provide specialized services to individuals	11253
with mental retardation and developmental disabilities. "MR/DD	11254
personnel" includes those who provide the services as follows:	11255

(1) Through direct employment with the department of mental	11256
retardation and developmental disabilities or a county board of	11257
~~mental retardation and~~ developmental disabilities;	11258

(2) Through an entity under contract with the department of	11259
mental retardation and developmental disabilities or a county	11260
board of ~~mental retardation and~~ developmental disabilities;	11261

(3) Through direct employment or by being under contract with	11262
private entities, including private entities that operate	11263
residential facilities.	11264

(H) "Nursing delegation" means the process established in	11265
rules adopted by the board of nursing pursuant to Chapter 4723. of	11266
the Revised Code under which a registered nurse or licensed	11267
practical nurse acting at the direction of a registered nurse	11268
transfers the performance of a particular nursing activity or task	11269
to another person who is not otherwise authorized to perform the	11270
activity or task.	11271

(I) "Prescribed medication" means a drug that is to be	11272
administered according to the instructions of a licensed health	11273
professional authorized to prescribe drugs.	11274

(J) "Residential facility" means a facility licensed under	11275
section 5123.19 of the Revised Code or subject to section 5123.192	11276
of the Revised Code.	11277

(K) "Specialized services" has the same meaning as in section	11278
5123.50 of the Revised Code.	11279

(L) "Tube feeding" means the provision of nutrition to an	11280
individual through a gastrostomy tube or a jejunostomy tube.	11281

Sec. 5123.47. (A) As used in this section:

11282

(1) "In-home care" means the supportive services provided	11283
within the home of an individual with mental retardation or a	11284
developmental disability who receives funding for the services	11285
through a county board of ~~mental retardation and~~ developmental	11286
disabilities, including any recipient of residential services	11287
funded as home and community-based services, family support	11288
services provided under section 5126.11 of the Revised Code, or	11289
supported living provided in accordance with sections 5126.41 to	11290
5126.47 of the Revised Code. "In-home care" includes care that is	11291
provided outside an individual's home in places incidental to the	11292
home, and while traveling to places incidental to the home, except	11293
that "in-home care" does not include care provided in the	11294
facilities of a county board of ~~mental retardation and~~	11295
developmental disabilities or care provided in schools.	11296

(2) "Parent" means either parent of a child, including an	11297
adoptive parent but not a foster parent.	11298

(3) "Unlicensed in-home care worker" means an individual who	11299
provides in-home care but is not a health care professional.	11300

(4) "Family member" means a parent, sibling, spouse, son,	11301
daughter, grandparent, aunt, uncle, cousin, or guardian of the	11302
individual with mental retardation or a developmental disability	11303
if the individual with mental retardation or developmental	11304
disabilities lives with the person and is dependent on the person	11305
to the extent that, if the supports were withdrawn, another living	11306
arrangement would have to be found.	11307

(5) "Health care professional" means any of the following:

11308

(a) A dentist who holds a valid license issued under Chapter	11309
4715. of the Revised Code;	11310

(b) A registered or licensed practical nurse who holds a	11311
valid license issued under Chapter 4723. of the Revised Code;	11312

(c) An optometrist who holds a valid license issued under	11313
Chapter 4725. of the Revised Code;	11314

(d) A pharmacist who holds a valid license issued under	11315
Chapter 4729. of the Revised Code;	11316

(e) A person who holds a valid certificate issued under	11317
Chapter 4731. of the Revised Code to practice medicine and	11318
surgery, osteopathic medicine and surgery, podiatric medicine and	11319
surgery, or a limited brand of medicine;	11320

(f) A physician assistant who holds a valid certificate	11321
issued under Chapter 4730. of the Revised Code;	11322

(g) An occupational therapist or occupational therapy	11323
assistant or a physical therapist or physical therapist assistant	11324
who holds a valid license issued under Chapter 4755. of the	11325
Revised Code;	11326

(h) A respiratory care professional who holds a valid license	11327
issued under Chapter 4761. of the Revised Code.	11328

(6) "Health care task" means a task that is prescribed,	11329
ordered, delegated, or otherwise directed by a health care	11330
professional acting within the scope of the professional's	11331
practice.	11332

(B) Except as provided in division (E) of this section, a	11333
family member of an individual with mental retardation or a	11334
developmental disability may authorize an unlicensed in-home care	11335
worker to administer oral and topical prescribed medications or	11336
perform other health care tasks as part of the in-home care the	11337
worker provides to the individual, if all of the following apply:	11338

(1) The family member is the primary supervisor of the care.

11339

(2) The unlicensed in-home care worker has been selected by	11340
the family member or the individual receiving care and is under	11341
the direct supervision of the family member.	11342

(3) The unlicensed in-home care worker is providing the care	11343
through an employment or other arrangement entered into directly	11344
with the family member and is not otherwise employed by or under	11345
contract with a person or government entity to provide services to	11346
individuals with mental retardation and developmental	11347
disabilities.	11348

(C) A family member shall obtain a prescription, if	11349
applicable, and written instructions from a health care	11350
professional for the care to be provided to the individual. The	11351
family member shall authorize the unlicensed in-home care worker	11352
to provide the care by preparing a written document granting the	11353
authority. The family member shall provide the unlicensed in-home	11354
care worker with appropriate training and written instructions in	11355
accordance with the instructions obtained from the health care	11356
professional.	11357

(D) A family member who authorizes an unlicensed in-home care	11358
worker to administer oral and topical prescribed medications or	11359
perform other health care tasks retains full responsibility for	11360
the health and safety of the individual receiving the care and for	11361
ensuring that the worker provides the care appropriately and	11362
safely. No entity that funds or monitors the provision of in-home	11363
care may be held liable for the results of the care provided under	11364
this section by an unlicensed in-home care worker, including such	11365
entities as the county board of ~~mental retardation and~~	11366
developmental disabilities and the department of mental	11367
retardation and developmental disabilities.	11368

An unlicensed in-home care worker who is authorized under	11369
this section by a family member to provide care to an individual	11370
may not be held liable for any injury caused in providing the	11371
care, unless the worker provides the care in a manner that is not	11372
in accordance with the training and instructions received or the	11373
worker acts in a manner that constitutes wanton or reckless	11374
misconduct.	11375

(E) A county board of ~~mental retardation and~~ developmental	11376
disabilities may evaluate the authority granted by a family member	11377
under this section to an unlicensed in-home care worker at any	11378
time it considers necessary and shall evaluate the authority on	11379
receipt of a complaint. If the board determines that a family	11380
member has acted in a manner that is inappropriate for the health	11381
and safety of the individual receiving the care, the authorization	11382
granted by the family member to an unlicensed in-home care worker	11383
is void, and the family member may not authorize other unlicensed	11384
in-home care workers to provide the care. In making such a	11385
determination, the board shall use appropriately licensed health	11386
care professionals and shall provide the family member an	11387
opportunity to file a complaint under section 5126.06 of the	11388
Revised Code.	11389

Sec. 5123.50. As used in this section and sections 5123.51,	11390
5123.52, and 5123.541 of the Revised Code:	11391

(A) "Abuse" means all of the following:

11392

(1) The use of physical force that can reasonably be expected	11393
to result in physical harm or serious physical harm;	11394

(2) Sexual abuse;

11395

(3) Verbal abuse.

11396

(B) "Misappropriation" means depriving, defrauding, or	11397
otherwise obtaining the real or personal property of an individual	11398
by any means prohibited by the Revised Code, including violations	11399
of Chapter 2911. or 2913. of the Revised Code.	11400

11401

(1) An employee of the department of mental retardation and	11402
developmental disabilities;	11403

(2) An employee of a county board of ~~mental retardation and~~	11404
developmental disabilities;	11405

(3) An employee in a position that includes providing	11406
specialized services to an individual with mental retardation or	11407
another developmental disability.	11408

(D) "Neglect" means, when there is a duty to do so, failing	11409
to provide an individual with any treatment, care, goods, or	11410
services that are necessary to maintain the health and safety of	11411
the individual.	11412

(E) "Physical harm" and "serious physical harm" have the same	11413
meanings as in section 2901.01 of the Revised Code.	11414

(F) "Sexual abuse" means unlawful sexual conduct or sexual	11415
contact.	11416

(G) "Specialized services" means any program or service	11417
designed and operated to serve primarily individuals with mental	11418
retardation or a developmental disability, including a program or	11419
service provided by an entity licensed or certified by the	11420
department of mental retardation and developmental disabilities. A	11421
program or service available to the general public is not a	11422
specialized service.	11423

(H) "Verbal abuse" means purposely using words to threaten,	11424
coerce, intimidate, harass, or humiliate an individual.	11425

(I) "Sexual conduct," "sexual contact," and "spouse" have the	11426
same meanings as in section 2907.01 of the Revised Code.	11427

Sec. 5123.52. (A) The department of mental retardation and	11428
developmental disabilities shall establish a registry of MR/DD	11429
employees consisting of the names of MR/DD employees included in	11430
the registry pursuant to section 5123.51 of the Revised Code.	11431

(B) Before a person or government entity hires, contracts	11432
with, or employs an individual as an MR/DD employee, the person or	11433
government entity shall inquire whether the individual is included	11434
in the registry.	11435

(C) When it receives an inquiry regarding whether an	11436
individual is included in the registry, the department shall	11437
inform the person making the inquiry whether the individual is	11438
included in the registry.	11439

(D)(1) Except as otherwise provided in a collective	11440
bargaining agreement entered into under Chapter 4117. of the	11441
Revised Code that is in effect on ~~the effective date of this~~	11442
~~section~~November22, 2000, no person or government entity shall	11443
hire, contract with, or employ as an MR/DD employee an individual	11444
who is included in the registry. Notwithstanding sections 4117.08	11445
and 4117.10 of the Revised Code, no agreement entered into under	11446
Chapter 4117. of the Revised Code after ~~the effective date of this~~	11447
~~section~~November22, 2000, may contain any provision that in any	11448
way limits the effect or operation of this section.	11449

(2) Neither the department nor any county board of ~~mental~~	11450
~~retardation and~~ developmental disabilities may enter into a new	11451
contract or renew a contract with a person or government entity	11452
that fails to comply with division (D)(1) of this section until	11453
the department or board is satisfied that the person or government	11454
entity will comply.	11455

(3) A person or government entity that fails to hire or	11456
retain as an MR/DD employee a person because the person is	11457
included in the registry shall not be liable in damages in a civil	11458
action brought by the employee or applicant for employment.	11459
Termination of employment pursuant to division (D)(1) of this	11460
section constitutes a discharge for just cause for the purposes of	11461
section 4141.29 of the Revised Code.	11462

(E) Information contained in the registry is a public record	11463
for the purposes of section 149.43 of the Revised Code and is	11464
subject to inspection and copying under section 1347.08 of the	11465
Revised Code.	11466

Sec. 5123.542. (A) Each of the following shall annually	11467
provide a written notice to each of its MR/DD employees explaining	11468
the conduct for which an MR/DD employee may be included in the	11469
registry established under section 5123.52 of the Revised Code:	11470

(1) The department of mental retardation and developmental	11471
disabilities;	11472

(2) Each county board of ~~mental retardation and~~ developmental	11473
disabilities;	11474

(3) Each contracting entity, as defined in section 5126.281	11475
of the Revised Code;	11476

(4) Each owner, operator, or administrator of a residential	11477
facility, as defined in section 5123.19 of the Revised Code;	11478

(5) Each owner, operator, or administrator of a program	11479
certified by the department to provide supported living.	11480

(B) The notice described in division (A) of this section	11481
shall be in a form and provided in a manner prescribed by the	11482
department of mental retardation and developmental disabilities.	11483
The form shall be the same for all persons and entities required	11484
to provide notice under division (A) of this section.	11485

(C) The fact that an MR/DD employee does not receive the	11486
notice required by this section does not exempt the employee from	11487
inclusion in the registry established under section 5123.52 of the	11488
Revised Code.	11489

Sec. 5123.60. (A) A legal rights service is hereby created	11490
and established to protect and advocate the rights of mentally ill	11491
persons, mentally retarded persons, developmentally disabled	11492
persons, and other disabled persons who may be represented by the	11493
service pursuant to division (L) of this section; to receive and	11494
act upon complaints concerning institutional and hospital	11495
practices and conditions of institutions for mentally retarded or	11496
developmentally disabled persons and hospitals for the mentally	11497
ill; and to assure that all persons detained, hospitalized,	11498
discharged, or institutionalized, and all persons whose detention,	11499
hospitalization, discharge, or institutionalization is sought or	11500
has been sought under this chapter or Chapter 5122. of the Revised	11501
Code are fully informed of their rights and adequately represented	11502
by counsel in proceedings under this chapter or Chapter 5122. of	11503
the Revised Code and in any proceedings to secure the rights of	11504
those persons. Notwithstanding the definitions of "mentally	11505
retarded person" and "developmentally disabled person" in section	11506
5123.01 of the Revised Code, the legal rights service shall	11507
determine who is a mentally retarded or developmentally disabled	11508
person for purposes of this section and sections 5123.601 to	11509
5123.604 of the Revised Code.	11510

(B)(1) In regard to those persons detained, hospitalized, or	11511
institutionalized under Chapter 5122. of the Revised Code, the	11512
legal rights service shall undertake formal representation only of	11513
those persons who are involuntarily detained, hospitalized, or	11514
institutionalized pursuant to sections 5122.10 to 5122.15 of the	11515
Revised Code, and those voluntarily detained, hospitalized, or	11516
institutionalized who are minors, who have been adjudicated	11517
incompetent, who have been detained, hospitalized, or	11518
institutionalized in a public hospital, or who have requested	11519
representation by the legal rights service.	11520

(2) If a person referred to in division (A) of this section	11521
voluntarily requests in writing that the legal rights service	11522
terminate participation in the person's case, such involvement	11523
shall cease.	11524

(3) Persons described in divisions (A) and (B)(1) of this	11525
section who are represented by the legal rights service are	11526
clients of the legal rights service.	11527

(C) Any person voluntarily hospitalized or institutionalized	11528
in a public hospital under division (A) of section 5122.02 of the	11529
Revised Code, after being fully informed of the person's rights	11530
under division (A) of this section, may, by written request, waive	11531
assistance by the legal rights service if the waiver is knowingly	11532
and intelligently made, without duress or coercion.	11533

The waiver may be rescinded at any time by the voluntary	11534
patient or resident, or by the voluntary patient's or resident's	11535
legal guardian.	11536

(D)(1) The legal rights service commission is hereby created	11537
for the purposes of appointing an administrator of the legal	11538
rights service, advising the administrator, assisting the	11539
administrator in developing a budget, advising the administrator	11540
in establishing and annually reviewing a strategic plan, creating	11541
a procedure for filing and determination of grievances against the	11542
legal rights service, and establishing general policy guidelines,	11543
including guidelines for the commencement of litigation, for the	11544
legal rights service. The commission may adopt rules to carry	11545
these purposes into effect and may receive and act upon appeals of	11546
personnel decisions by the administrator.	11547

(2) The commission shall consist of seven members. One	11548
member, who shall serve as chairperson, shall be appointed by the	11549
chief justice of the supreme court, three members shall be	11550
appointed by the speaker of the house of representatives, and	11551
three members shall be appointed by the president of the senate.	11552
At least two members shall have experience in the field of	11553
developmental disabilities, and at least two members shall have	11554
experience in the field of mental health. No member shall be a	11555
provider or related to a provider of services to mentally	11556
retarded, developmentally disabled, or mentally ill persons.	11557

(3) Terms of office of the members of the commission shall be	11558
for three years, each term ending on the same day of the month of	11559
the year as did the term which it succeeds. Each member shall	11560
serve subsequent to the expiration of the member's term until a	11561
successor is appointed and qualifies, or until sixty days has	11562
elapsed, whichever occurs first. No member shall serve more than	11563
two consecutive terms.	11564

All vacancies in the membership of the commission shall be	11565
filled in the manner prescribed for regular appointments to the	11566
commission and shall be limited to the unexpired terms.	11567

(4) The commission shall meet at least four times each year.	11568
Members shall be reimbursed for their necessary and actual	11569
expenses incurred in the performance of their official duties.	11570

(5) The administrator of the legal rights service shall serve	11571
at the pleasure of the commission.	11572

The administrator shall be an attorney admitted to practice	11573
law in this state. The salary of the administrator shall be	11574
established in accordance with section 124.14 of the Revised Code.	11575

(E) The legal rights service shall be completely independent	11576
of the department of mental health and the department of mental	11577
retardation and developmental disabilities and, notwithstanding	11578
section 109.02 of the Revised Code, shall also be independent of	11579
the office of the attorney general. The administrator of the legal	11580
rights service, staff, and attorneys designated by the	11581
administrator to represent persons detained, hospitalized, or	11582
institutionalized under this chapter or Chapter 5122. of the	11583
Revised Code shall have ready access to the following:	11584

(1) During normal business hours and at other reasonable	11585
times, all records, except records of community residential	11586
facilities and records of contract agencies of county boards of	11587
~~mental retardation and~~ developmental disabilities and boards of	11588
alcohol, drug addiction and mental health services, relating to	11589
expenditures of state and federal funds or to the commitment,	11590
care, treatment, and habilitation of all persons represented by	11591
the legal rights service, including those who may be represented	11592
pursuant to division (L) of this section, or persons detained,	11593
hospitalized, institutionalized, or receiving services under this	11594
chapter or Chapter 340., 5119., 5122., or 5126. of the Revised	11595
Code that are records maintained by the following entities	11596
providing services for those persons: departments; institutions;	11597
hospitals; boards of alcohol, drug addiction, and mental health	11598
services; county boards of ~~mental retardation and~~ developmental	11599
disabilities; and any other entity providing services to persons	11600
who may be represented by the service pursuant to division (L) of	11601
this section;	11602

(2) Any records maintained in computerized data banks of the	11603
departments or boards or, in the case of persons who may be	11604
represented by the service pursuant to division (L) of this	11605
section, any other entity that provides services to those persons;	11606

(3) During their normal working hours, personnel of the	11607
departments, facilities, boards, agencies, institutions,	11608
hospitals, and other service-providing entities;	11609

(4) At any time, all persons detained, hospitalized, or	11610
institutionalized; persons receiving services under this chapter	11611
or Chapter 340., 5119., 5122., or 5126. of the Revised Code; and	11612
persons who may be represented by the service pursuant to division	11613
(L) of this section.	11614

(5) Records of a community residential facility, a contract	11615
agency of a board of alcohol, drug addiction, and mental health	11616
services, or a contract agency of a county board of ~~mental~~	11617
~~retardation and~~ developmental disabilities with one of the	11618
following consents:	11619

(a) The consent of the person, including when the person is a	11620
minor or has been adjudicated incompetent;	11621

(b) The consent of the person's guardian of the person, if	11622
any, or the parent if the person is a minor;	11623

(c) No consent, if the person is unable to consent for any	11624
reason, and the guardian of the person, if any, or the parent of	11625
the minor, has refused to consent or has not responded to a	11626
request for consent and either of the following has occurred:	11627

(i) A complaint regarding the person has been received by the	11628
legal rights service;	11629

(ii) The legal rights service has determined that there is	11630
probable cause to believe that such person has been subjected to	11631
abuse or neglect.	11632

(F) The administrator of the legal rights service shall do	11633
the following:	11634

(1) Administer and organize the work of the legal rights	11635
service and establish administrative or geographic divisions as	11636
the administrator considers necessary, proper, and expedient;	11637

(2) Adopt and promulgate rules that are not in conflict with	11638
rules adopted by the commission and prescribe duties for the	11639
efficient conduct of the business and general administration of	11640
the legal rights service;	11641

(3) Appoint and discharge employees, and hire experts,	11642
consultants, advisors, or other professionally qualified persons	11643
as the administrator considers necessary to carry out the duties	11644
of the legal rights service;	11645

(4) Apply for and accept grants of funds, and accept	11646
charitable gifts and bequests;	11647

(5) Prepare and submit a budget to the general assembly for	11648
the operation of the legal rights service. At least thirty days	11649
prior to submitting the budget to the general assembly, the	11650
administrator shall provide a copy of the budget to the commission	11651
for review and comment. When submitting the budget to the general	11652
assembly, the administrator shall include a copy of any written	11653
comments returned by the commission to the administrator.	11654

(6) Enter into contracts and make expenditures necessary for	11655
the efficient operation of the legal rights service;	11656

(7) Annually prepare a report of activities and submit copies	11657
of the report to the governor, the chief justice of the supreme	11658
court, the president of the senate, the speaker of the house of	11659
representatives, the director of mental health, and the director	11660
of mental retardation and developmental disabilities, and make the	11661
report available to the public;	11662

(8) Upon request of the commission or of the chairperson of	11663
the commission, report to the commission on specific litigation	11664
issues or activities.	11665

(G)(1) The legal rights service may act directly or contract	11666
with other organizations or individuals for the provision of the	11667
services envisioned under this section.	11668

(2) Whenever possible, the administrator shall attempt to	11669
facilitate the resolution of complaints through administrative	11670
channels. Subject to division (G)(3) of this section, if attempts	11671
at administrative resolution prove unsatisfactory, the	11672
administrator may pursue any legal, administrative, and other	11673
appropriate remedies or approaches that may be necessary to	11674
accomplish the purposes of this section.	11675

(3) The administrator may not pursue a class action lawsuit	11676
under division (G)(2) of this section when attempts at	11677
administrative resolution of a complaint prove unsatisfactory	11678
under that division unless both of the following have first	11679
occurred:	11680

(a) At least four members of the commission, by their	11681
affirmative vote, have consented to the pursuit of the class	11682
action lawsuit;	11683

(b) At least five members of the commission are present at	11684
the meeting of the commission at which that consent is obtained.	11685

(4) All records received or maintained by the legal rights	11686
service in connection with any investigation, representation, or	11687
other activity under this section shall be confidential and shall	11688
not be disclosed except as authorized by the person represented by	11689
the legal rights service or, subject to any privilege, a guardian	11690
of the person or parent of the minor. Subject to division (G)(5)	11691
of this section, relationships between personnel and the agents of	11692
the legal rights service and its clients shall be fiduciary	11693
relationships, and all communications shall be privileged as if	11694
between attorney and client.	11695

(5) Any person who has been represented by the legal rights	11696
service or who has applied for and been denied representation and	11697
who files a grievance with the service concerning the	11698
representation or application may appeal the decision of the	11699
service on the grievance to the commission. The person may appeal	11700
notwithstanding any objections of the person's legal guardian. The	11701
commission may examine any records relevant to the appeal and	11702
shall maintain the confidentiality of any records that are	11703
required to be kept confidential.	11704

(H) The legal rights service, on the order of the	11705
administrator, with the approval by an affirmative vote of at	11706
least four members of the commission, may compel by subpoena the	11707
appearance and sworn testimony of any person the administrator	11708
reasonably believes may be able to provide information or to	11709
produce any documents, books, records, papers, or other	11710
information necessary to carry out its duties. On the refusal of	11711
any person to produce or authenticate any requested documents, the	11712
legal rights service may apply to the Franklin county court of	11713
common pleas to compel the production or authentication of	11714
requested documents. If the court finds that failure to produce or	11715
authenticate any requested documents was improper, the court may	11716
hold the person in contempt as in the case of disobedience of the	11717
requirements of a subpoena issued from the court, or a refusal to	11718
testify in the court.	11719

(I) The legal rights service may conduct public hearings.

11720

(J) The legal rights service may request from any	11721
governmental agency any cooperation, assistance, services, or data	11722
that will enable it to perform its duties.	11723

(K) In any malpractice action filed against the administrator	11724
of the legal rights service, a member of the staff of the legal	11725
rights service, or an attorney designated by the administrator to	11726
perform legal services under division (E) of this section, the	11727
state shall, when the administrator, member, or attorney has acted	11728
in good faith and in the scope of employment, indemnify the	11729
administrator, member, or attorney for any judgment awarded or	11730
amount negotiated in settlement, and for any court costs or legal	11731
fees incurred in defense of the claim.	11732

This division does not limit or waive, and shall not be	11733
construed to limit or waive, any defense that is available to the	11734
legal rights service, its administrator or employees, persons	11735
under a personal services contract with it, or persons designated	11736
under division (E) of this section, including, but not limited to,	11737
any defense available under section 9.86 of the Revised Code.	11738

(L) In addition to providing services to mentally ill,	11739
mentally retarded, or developmentally disabled persons, when a	11740
grant authorizing the provision of services to other individuals	11741
is accepted pursuant to division (F)(4) of this section, the legal	11742
rights service and its ombudsperson section may provide advocacy	11743
or ombudsperson services to those other individuals and exercise	11744
any other authority granted by this section or sections 5123.601	11745
to 5123.604 of the Revised Code on behalf of those individuals.	11746
Determinations of whether an individual is eligible for services	11747
under this division shall be made by the legal rights service.	11748

Sec. 5123.602. (A) Except as provided in division (B) of	11749
this section, the ombudsperson section of the legal rights	11750
service may, in order to carry out its duties under this chapter,	11751
make necessary inquiries and obtain information it considers	11752
necessary. Upon receiving a complaint and in the course of	11753
conducting an investigation in accordance with division (B) of	11754
section 5123.601 of the Revised Code, the section shall have	11755
ready access to the premises and records of all providers of	11756
services to mentally retarded, developmentally disabled, or	11757
mentally ill persons and shall have the right to communicate in a	11758
private and confidential setting with any mentally retarded,	11759
developmentally disabled, or mentally ill persons, with their	11760
parents, guardians, or advocates, and with employees of any	11761
provider.	11762

(B) Records held by community residential facilities,	11763
contract agencies of boards of alcohol, drug addiction, and mental	11764
health services, and contract agencies of county boards of ~~mental~~	11765
~~retardation and~~ developmental disabilities shall only be	11766
accessible by the ombudsperson section of the legal rights service	11767
in a situation as described in division (E)(5) of section 5123.60	11768
of the Revised Code.	11769

Sec. 5123.61. (A) As used in this section:

11770

(1) "Law enforcement agency" means the state highway patrol,	11771
the police department of a municipal corporation, or a county	11772
sheriff.	11773

(2) "Abuse" has the same meaning as in section 5123.50 of the	11774
Revised Code, except that it includes a misappropriation, as	11775
defined in that section.	11776

(3) "Neglect" has the same meaning as in section 5123.50 of	11777
the Revised Code.	11778

(B) The department of mental retardation and developmental	11779
disabilities shall establish a registry office for the purpose of	11780
maintaining reports of abuse, neglect, and other major unusual	11781
incidents made to the department under this section and reports	11782
received from county boards of ~~mental retardation and~~	11783
developmental disabilities under section 5126.31 of the Revised	11784
Code. The department shall establish committees to review reports	11785
of abuse, neglect, and other major unusual incidents.	11786

(C)(1) Any person listed in division (C)(2) of this section,	11787
having reason to believe that a person with mental retardation or	11788
a developmental disability has suffered or faces a substantial	11789
risk of suffering any wound, injury, disability, or condition of	11790
such a nature as to reasonably indicate abuse or neglect of that	11791
person, shall immediately report or cause reports to be made of	11792
such information to the entity specified in this division. Except	11793
as provided in section 5120.173 of the Revised Code or as	11794
otherwise provided in this division, the person making the report	11795
shall make it to a law enforcement agency or to the county board	11796
of ~~mental retardation and~~ developmental disabilities. If the	11797
report concerns a resident of a facility operated by the	11798
department of mental retardation and developmental disabilities	11799
the report shall be made either to a law enforcement agency or to	11800
the department. If the report concerns any act or omission of an	11801
employee of a county board of ~~mental retardation and~~ developmental	11802
disabilities, the report immediately shall be made to the	11803
department and to the county board.	11804

(2) All of the following persons are required to make a	11805
report under division (C)(1) of this section:	11806

(a) Any physician, including a hospital intern or resident,	11807
any dentist, podiatrist, chiropractor, practitioner of a limited	11808
branch of medicine as specified in section 4731.15 of the Revised	11809
Code, hospital administrator or employee of a hospital, nurse	11810
licensed under Chapter 4723. of the Revised Code, employee of an	11811
ambulatory health facility as defined in section 5101.61 of the	11812
Revised Code, employee of a home health agency, employee of an	11813
adult care facility licensed under Chapter 3722. of the Revised	11814
Code, or employee of a community mental health facility;	11815

(b) Any school teacher or school authority, social worker,	11816
psychologist, attorney, peace officer, coroner, or residents'	11817
rights advocate as defined in section 3721.10 of the Revised Code;	11818

(c) A superintendent, board member, or employee of a county	11819
board of ~~mental retardation and~~ developmental disabilities; an	11820
administrator, board member, or employee of a residential facility	11821
licensed under section 5123.19 of the Revised Code; an	11822
administrator, board member, or employee of any other public or	11823
private provider of services to a person with mental retardation	11824
or a developmental disability, or any MR/DD employee, as defined	11825
in section 5123.50 of the Revised Code;	11826

(d) A member of a citizen's advisory council established at	11827
an institution or branch institution of the department of mental	11828
retardation and developmental disabilities under section 5123.092	11829
of the Revised Code;	11830

(e) A clergyman who is employed in a position that includes	11831
providing specialized services to an individual with mental	11832
retardation or another developmental disability, while acting in	11833
an official or professional capacity in that position, or a person	11834
who is employed in a position that includes providing specialized	11835
services to an individual with mental retardation or another	11836
developmental disability and who, while acting in an official or	11837
professional capacity, renders spiritual treatment through prayer	11838
in accordance with the tenets of an organized religion.	11839

(3)(a) The reporting requirements of this division do not	11840
apply to members of the legal rights service commission or to	11841
employees of the legal rights service.	11842

(b) An attorney or physician is not required to make a report	11843
pursuant to division (C)(1) of this section concerning any	11844
communication the attorney or physician receives from a client or	11845
patient in an attorney-client or physician-patient relationship,	11846
if, in accordance with division (A) or (B) of section 2317.02 of	11847
the Revised Code, the attorney or physician could not testify with	11848
respect to that communication in a civil or criminal proceeding,	11849
except that the client or patient is deemed to have waived any	11850
testimonial privilege under division (A) or (B) of section 2317.02	11851
of the Revised Code with respect to that communication and the	11852
attorney or physician shall make a report pursuant to division	11853
(C)(1) of this section, if both of the following apply:	11854

(i) The client or patient, at the time of the communication,	11855
is a person with mental retardation or a developmental disability.	11856

(ii) The attorney or physician knows or suspects, as a result	11857
of the communication or any observations made during that	11858
communication, that the client or patient has suffered or faces a	11859
substantial risk of suffering any wound, injury, disability, or	11860
condition of a nature that reasonably indicates abuse or neglect	11861
of the client or patient.	11862

(4) Any person who fails to make a report required under	11863
division (C) of this section and who is an MR/DD employee, as	11864
defined in section 5123.50 of the Revised Code, shall be eligible	11865
to be included in the registry regarding misappropriation, abuse,	11866
neglect, or other specified misconduct by MR/DD employees	11867
established under section 5123.52 of the Revised Code.	11868

(D) The reports required under division (C) of this section	11869
shall be made forthwith by telephone or in person and shall be	11870
followed by a written report. The reports shall contain the	11871
following:	11872

(1) The names and addresses of the person with mental	11873
retardation or a developmental disability and the person's	11874
custodian, if known;	11875

(2) The age of the person with mental retardation or a	11876
developmental disability;	11877

(3) Any other information that would assist in the	11878
investigation of the report.	11879

(E) When a physician performing services as a member of the	11880
staff of a hospital or similar institution has reason to believe	11881
that a person with mental retardation or a developmental	11882
disability has suffered injury, abuse, or physical neglect, the	11883
physician shall notify the person in charge of the institution or	11884
that person's designated delegate, who shall make the necessary	11885
reports.	11886

(F) Any person having reasonable cause to believe that a	11887
person with mental retardation or a developmental disability has	11888
suffered or faces a substantial risk of suffering abuse or neglect	11889
may report or cause a report to be made of that belief to the	11890
entity specified in this division. Except as provided in section	11891
5120.173 of the Revised Code or as otherwise provided in this	11892
division, the person making the report shall make it to a law	11893
enforcement agency or the county board of ~~mental retardation and~~	11894
developmental disabilities. If the person is a resident of a	11895
facility operated by the department of mental retardation and	11896
developmental disabilities, the report shall be made to a law	11897
enforcement agency or to the department. If the report concerns	11898
any act or omission of an employee of a county board of ~~mental~~	11899
~~retardation and~~ developmental disabilities, the report immediately	11900
shall be made to the department and to the county board.	11901

(G)(1) Upon the receipt of a report concerning the possible	11902
abuse or neglect of a person with mental retardation or a	11903
developmental disability, the law enforcement agency shall inform	11904
the county board of ~~mental retardation and~~ developmental	11905
disabilities or, if the person is a resident of a facility	11906
operated by the department of mental retardation and developmental	11907
disabilities, the director of the department or the director's	11908
designee.	11909

(2) On receipt of a report under this section that includes	11910
an allegation of action or inaction that may constitute a crime	11911
under federal law or the law of this state, the department of	11912
mental retardation and developmental disabilities shall notify the	11913
law enforcement agency.	11914

(3) When a county board of ~~mental retardation and~~	11915
developmental disabilities receives a report under this section	11916
that includes an allegation of action or inaction that may	11917
constitute a crime under federal law or the law of this state, the	11918
superintendent of the board or an individual the superintendent	11919
designates under division (H) of this section shall notify the law	11920
enforcement agency. The superintendent or individual shall notify	11921
the department of mental retardation and developmental	11922
disabilities when it receives any report under this section.	11923

(4) When a county board of mental retardation and	11924
developmental disabilities receives a report under this section	11925
and believes that the degree of risk to the person is such that	11926
the report is an emergency, the superintendent of the board or an	11927
employee of the board the superintendent designates shall attempt	11928
a face-to-face contact with the person with mental retardation or	11929
a developmental disability who allegedly is the victim within one	11930
hour of the board's receipt of the report.	11931

(H) The superintendent of the board may designate an	11932
individual to be responsible for notifying the law enforcement	11933
agency and the department when the county board receives a report	11934
under this section.	11935

(I) An adult with mental retardation or a developmental	11936
disability about whom a report is made may be removed from the	11937
adult's place of residence only by law enforcement officers who	11938
consider that the adult's immediate removal is essential to	11939
protect the adult from further injury or abuse or in accordance	11940
with the order of a court made pursuant to section 5126.33 of the	11941
Revised Code.	11942

(J) A law enforcement agency shall investigate each report of	11943
abuse or neglect it receives under this section. In addition, the	11944
department, in cooperation with law enforcement officials, shall	11945
investigate each report regarding a resident of a facility	11946
operated by the department to determine the circumstances	11947
surrounding the injury, the cause of the injury, and the person	11948
responsible. The investigation shall be in accordance with the	11949
memorandum of understanding prepared under section 5126.058 of the	11950
Revised Code. The department shall determine, with the registry	11951
office which shall be maintained by the department, whether prior	11952
reports have been made concerning an adult with mental retardation	11953
or a developmental disability or other principals in the case. If	11954
the department finds that the report involves action or inaction	11955
that may constitute a crime under federal law or the law of this	11956
state, it shall submit a report of its investigation, in writing,	11957
to the law enforcement agency. If the person with mental	11958
retardation or a developmental disability is an adult, with the	11959
consent of the adult, the department shall provide such protective	11960
services as are necessary to protect the adult. The law	11961
enforcement agency shall make a written report of its findings to	11962
the department.	11963

If the person is an adult and is not a resident of a facility	11964
operated by the department, the county board of ~~mental retardation~~	11965
~~and~~ developmental disabilities shall review the report of abuse or	11966
neglect in accordance with sections 5126.30 to 5126.33 of the	11967
Revised Code and the law enforcement agency shall make the written	11968
report of its findings to the county board.	11969

(K) Any person or any hospital, institution, school, health	11970
department, or agency participating in the making of reports	11971
pursuant to this section, any person participating as a witness in	11972
an administrative or judicial proceeding resulting from the	11973
reports, or any person or governmental entity that discharges	11974
responsibilities under sections 5126.31 to 5126.33 of the Revised	11975
Code shall be immune from any civil or criminal liability that	11976
might otherwise be incurred or imposed as a result of such actions	11977
except liability for perjury, unless the person or governmental	11978
entity has acted in bad faith or with malicious purpose.	11979

(L) No employer or any person with the authority to do so	11980
shall discharge, demote, transfer, prepare a negative work	11981
performance evaluation, reduce pay or benefits, terminate work	11982
privileges, or take any other action detrimental to an employee or	11983
retaliate against an employee as a result of the employee's having	11984
made a report under this section. This division does not preclude	11985
an employer or person with authority from taking action with	11986
regard to an employee who has made a report under this section if	11987
there is another reasonable basis for the action.	11988

(M) Reports made under this section are not public records as	11989
defined in section 149.43 of the Revised Code. Information	11990
contained in the reports on request shall be made available to the	11991
person who is the subject of the report, to the person's legal	11992
counsel, and to agencies authorized to receive information in the	11993
report by the department or by a county board of ~~mental~~	11994
~~retardation and~~ developmental disabilities.	11995

(N) Notwithstanding section 4731.22 of the Revised Code, the	11996
physician-patient privilege shall not be a ground for excluding	11997
evidence regarding the injuries or physical neglect of a person	11998
with mental retardation or a developmental disability or the cause	11999
thereof in any judicial proceeding resulting from a report	12000
submitted pursuant to this section.	12001

Sec. 5123.611. (A) As used in this section, "MR/DD employee"	12002
means all of the following:	12003

(1) An employee of the department of mental retardation and	12004
developmental disabilities;	12005

(2) An employee of a county board of ~~mental retardation and~~	12006
developmental disabilities;	12007

(3) An employee in a position that includes providing	12008
specialized services, as defined in section 5123.50 of the Revised	12009
Code, to an individual with mental retardation or a developmental	12010
disability.	12011

(B) At the conclusion of a review of a report of abuse,	12012
neglect, or a major unusual incident that is conducted by a review	12013
committee established pursuant to section 5123.61 of the Revised	12014
Code, the committee shall issue recommendations to the department.	12015
The department shall review the committee's recommendations and	12016
issue a report of its findings. The department shall make the	12017
report available to all of the following:	12018

(1) The individual with mental retardation or a developmental	12019
disability who is the subject of the report;	12020

(2) That individual's guardian or legal counsel;

12021

(3) The licensee, as defined in section 5123.19 of the	12022
Revised Code, of a residential facility in which the individual	12023
resides;	12024

(4) The employer of any MR/DD employee who allegedly	12025
committed or was responsible for the abuse, neglect, or major	12026
unusual incident.	12027

(C) Except as provided in this section, the department shall	12028
not disclose its report to any person or government entity that is	12029
not authorized to investigate reports of abuse, neglect, or other	12030
major unusual incidents, unless the individual with mental	12031
retardation or a developmental disability who is the subject of	12032
the report or the individual's guardian gives the department	12033
written consent.	12034

Sec. 5123.613. (A) When a person who is the subject of a	12035
report under section 5123.61 of the Revised Code dies, the	12036
department of mental retardation and developmental disabilities or	12037
the county board of ~~mental retardation and~~ developmental	12038
disabilities, whichever is applicable, shall, on written request,	12039
provide to both of the following persons the report and any	12040
records relating to the report:	12041

(1) If the report or records are necessary to administer the	12042
estate of the person who is the subject of the report, to the	12043
executor or administrator of the person's estate;	12044

(2) To the guardian of the person who is the subject of the	12045
report or, if the individual had no guardian at the time of death,	12046
to a person in the first applicable of the following categories:	12047

(a) The person's spouse;

12048

(b) The person's children;

12049

12050

(d) The person's brothers or sisters;

12051

(e) The person's uncles or aunts;

12052

(f) The person's closest relative by blood or adoption;

12053

(g) The person's closest relative by marriage.

12054

(B) The department or county board shall provide the report	12055
and related records as required by this section not later than	12056
thirty days after receipt of the request."	12057

Sec. 5123.614. (A) Subject to division (B) of this section,	12058
on receipt of a report of a major unusual incident made pursuant	12059
to section 5123.61 or 5126.31 of the Revised Code or rules adopted	12060
under section 5123.612 of the Revised Code, the department of	12061
mental retardation and developmental disabilities may do either of	12062
the following:	12063

(1) Conduct an independent review or investigation of the	12064
incident;	12065

(2) Request that an independent review or investigation of	12066
the incident be conducted by a county board of ~~mental retardation~~	12067
~~and~~ developmental disabilities that is not implicated in the	12068
report, a regional council of government, or any other entity	12069
authorized to conduct such investigations.	12070

(B) If a report described in division (A) of this section	12071
concerning the health or safety of a person with mental	12072
retardation or a developmental disability involves an allegation	12073
that an employee of a county board of ~~mental retardation and~~	12074
developmental disabilities has created a substantial risk of	12075
serious physical harm to a person with mental retardation or a	12076
developmental disability, the department shall do one of the	12077
following:	12078

(1) Conduct an independent investigation regarding the	12079
incident;	12080

(2) Request that an independent review or investigation of	12081
the incident be conducted by a county board of ~~mental retardation~~	12082
~~and~~ developmental disabilities that is not implicated in the	12083
report, a regional council of government, or any other entity	12084
authorized to conduct such investigations.	12085

Sec. 5123.63. Every state agency, county board of ~~mental~~	12086
~~retardation and~~ developmental disabilities, or political	12087
subdivision that provides services, either directly or through a	12088
contract, to persons with mental retardation or a developmental	12089
disability shall give each provider a copy of the list of rights	12090
contained in section 5123.62 of the Revised Code. Each public and	12091
private provider of services shall carry out the requirements of	12092
this section in addition to any other posting or notification	12093
requirements imposed by local, state, or federal law or rules.	12094

The provider shall make copies of the list of rights and	12095
shall be responsible for an initial distribution of the list to	12096
each individual receiving services from the provider. If the	12097
individual is unable to read the list, the provider shall	12098
communicate the contents of the list to the individual to the	12099
extent practicable in a manner that the individual understands.	12100
The individual receiving services or the parent, guardian, or	12101
advocate of the individual shall sign an acknowledgement of	12102
receipt of a copy of the list of rights, and a copy of the signed	12103
acknowledgement shall be placed in the individual's file. The	12104
provider shall also be responsible for answering any questions and	12105
giving any explanations necessary to assist the individual to	12106
understand the rights enumerated. Instruction in these rights	12107
shall be documented.	12108

Each provider shall make available to all persons receiving	12109
services and all employees and visitors a copy of the list of	12110
rights and the addresses and telephone numbers of the legal rights	12111
service, the department of mental retardation and developmental	12112
disabilities, and the county board of ~~mental retardation and~~	12113
developmental disabilities of the county in which the provider	12114
provides services.	12115

Sec. 5123.64. (A) Every provider of services to persons with	12116
mental retardation or a developmental disability shall establish	12117
policies and programs to ensure that all staff members are	12118
familiar with the rights enumerated in section 5123.62 of the	12119
Revised Code and observe those rights in their contacts with	12120
persons receiving services. Any policy, procedure, or rule of the	12121
provider that conflicts with any of the rights enumerated shall be	12122
null and void. Every provider shall establish written procedures	12123
for resolving complaints of violations of those rights. A copy of	12124
the procedures shall be provided to any person receiving services	12125
or to any parent, guardian, or advocate of a person receiving	12126
services.	12127

(B) Any person with mental retardation or a developmental	12128
disability who believes that the person's rights as enumerated in	12129
section 5123.62 of the Revised Code have been violated may:	12130

(1) Bring the violation to the attention of the provider for	12131
resolution;	12132

(2) Report the violation to the department of mental	12133
retardation and developmental disabilities, the ombudsperson	12134
section of the legal rights service, or the appropriate county	12135
board of ~~mental retardation and~~ developmental disabilities;	12136

(3) Take any other appropriate action to ensure compliance	12137
with sections 5123.60 to 5123.64 of the Revised Code, including	12138
the filing of a legal action to enforce rights or to recover	12139
damages for violation of rights.	12140

Sec. 5123.71. (A)(1) Proceedings for the involuntary	12141
institutionalization of a person pursuant to sections 5123.71 to	12142
5123.76 of the Revised Code shall be commenced by the filing of an	12143
affidavit with the probate division of the court of common pleas	12144
of the county where the person resides or where the person is	12145
institutionalized, in the manner and form prescribed by the	12146
department of mental retardation and developmental disabilities	12147
either on information or actual knowledge, whichever is determined	12148
to be proper by the court. The affidavit may be filed only by a	12149
person who has custody of the individual as a parent, guardian, or	12150
service provider or by a person acting on behalf of the department	12151
or a county board of ~~mental retardation and~~ developmental	12152
disabilities. This section does not apply regarding the	12153
institutionalization of a person pursuant to section 2945.39,	12154
2945.40, 2945.401, or 2945.402 of the Revised Code.	12155

The affidavit shall contain an allegation setting forth the	12156
specific category or categories under division (O) of section	12157
5123.01 of the Revised Code upon which the commencement of	12158
proceedings is based and a statement of the factual ground for the	12159
belief that the person is a mentally retarded person subject to	12160
institutionalization by court order. Except as provided in	12161
division (A)(2) of this section, the affidavit shall be	12162
accompanied by both of the following:	12163

(a) A comprehensive evaluation report prepared by the	12164
person's evaluation team that includes a statement by the members	12165
of the team certifying that they have performed a comprehensive	12166
evaluation of the person and that they are of the opinion that the	12167
person is a mentally retarded person subject to	12168
institutionalization by court order;	12169

(b) An assessment report prepared by the county board of	12170
~~mental retardation and~~ developmental disabilities under section	12171
5123.711 of the Revised Code specifying that the individual is in	12172
need of services on an emergency or priority basis.	12173

(2) In lieu of the comprehensive evaluation report, the	12174
affidavit may be accompanied by a written and sworn statement that	12175
the person or the guardian of a person adjudicated incompetent has	12176
refused to allow a comprehensive evaluation and county board	12177
assessment and assessment reports. Immediately after accepting an	12178
affidavit that is not accompanied by the reports of a	12179
comprehensive evaluation and county board assessment, the court	12180
shall cause a comprehensive evaluation and county board assessment	12181
of the person named in the affidavit to be performed. The	12182
evaluation shall be conducted in the least restrictive environment	12183
possible and the assessment shall be conducted in the same manner	12184
as assessments conducted under section 5123.711 of the Revised	12185
Code. The evaluation and assessment must be completed before a	12186
probable cause hearing or full hearing may be held under section	12187
5123.75 or 5123.76 of the Revised Code.	12188

A written report of the evaluation team's findings and the	12189
county board's assessment shall be filed with the court. The	12190
reports shall, consistent with the rules of evidence, be accepted	12191
as probative evidence in any proceeding under section 5123.75 or	12192
5123.76 of the Revised Code. If the counsel for the person who is	12193
evaluated or assessed is known, the court shall send to the	12194
counsel a copy of the reports as soon as possible after they are	12195
filed and prior to any proceedings under section 5123.75 or	12196
5123.76 of the Revised Code.	12197

(B) Any person who is involuntarily detained in an	12198
institution or otherwise is in custody under this chapter shall be	12199
informed of the right to do the following:	12200

(1) Immediately make a reasonable number of telephone calls	12201
or use other reasonable means to contact an attorney, a physician,	12202
or both, to contact any other person or persons to secure	12203
representation by counsel, or to obtain medical assistance, and be	12204
provided assistance in making calls if the assistance is needed	12205
and requested;	12206

(2) Retain counsel and have independent expert evaluation	12207
and, if the person is an indigent person, be represented by	12208
court-appointed counsel and have independent expert evaluation at	12209
court expense;	12210

(3) Upon request, have a hearing to determine whether there	12211
is probable cause to believe that the person is a mentally	12212
retarded person subject to institutionalization by court order.	12213

(C) No person who is being treated by spiritual means through	12214
prayer alone in accordance with a recognized religious method of	12215
healing may be ordered detained or involuntarily committed unless	12216
the court has determined that the person represents a very	12217
substantial risk of self-impairment, self-injury, or impairment or	12218
injury to others.	12219

Sec. 5123.711. (A) As used in this section:

12220

(1) "Emergency" means either of the following that creates a	12221
risk of substantial harm to an individual or others if action is	12222
not taken within thirty days:	12223

(a) Health and safety conditions that pose a serious risk of	12224
immediate harm or death to the individual or others;	12225

(b) Changes in the emotional or physical condition of an	12226
individual that necessitates substantial accommodation that cannot	12227
reasonably be provided by the individual's existing caretaker.	12228

(2) "Priority" means a situation creating a risk of	12229
substantial harm to an individual or others, but for which action	12230
within thirty days is not necessary.	12231

(3) "Resources" has the same meaning as in section 5126.01 of	12232
the Revised Code.	12233

(B) Prior to filing an affidavit under section 5123.71 of the	12234
Revised Code for the involuntary institutionalization of an	12235
individual, a person who is eligible to file under that section	12236
and intends to do so shall request that the county board of ~~mental~~	12237
~~retardation and~~ developmental disabilities conduct an assessment	12238
of the individual's needs. Not later than thirty days after the	12239
date a request is received, the board shall complete the	12240
assessment and provide to the person a report of its findings and	12241
recommendations. The report shall be delivered by certified mail.	12242

Within three working days after receiving a request for an	12243
assessment, the board shall notify the department of mental	12244
retardation and developmental disabilities that the request has	12245
been made and that there is the potential for court-ordered	12246
institutionalization of an individual. The department may provide	12247
assistance to the board in the performance of the assessment.	12248

(C) The board's assessment of an individual's needs shall	12249
include the following:	12250

(1) A determination of the current needs of the individual,	12251
including an appropriate plan for services;	12252

(2) A determination of whether the community is the least	12253
restrictive environment in which the individual may be	12254
appropriately served;	12255

(3) A determination of whether the individual meets the	12256
conditions for assistance on an emergency or priority basis;	12257

(4) Identification of available resources to meet the	12258
individual's needs, including service providers with the	12259
capability of appropriately meeting those needs, special ancillary	12260
services, and moneys to pay for the services necessary to meet the	12261
individual's needs within the community rather than in a state	12262
institution.	12263

(D) If the board's assessment of an individual identifies	12264
that county resources are available to meet the individual's needs	12265
in the community, the board shall provide services to the	12266
individual or arrange for the provision of services. If county	12267
resources are not available, the board shall petition the	12268
department of mental retardation and developmental disabilities	12269
for necessary resources that may be available from the department.	12270

Sec. 5123.74. (A) On receipt of an affidavit under section	12271
5123.71 of the Revised Code, the probate division of the court of	12272
common pleas may, if it has probable cause to believe that the	12273
person named in the affidavit is a mentally retarded person	12274
subject to institutionalization by court order and that emergency	12275
institutionalization is required, do any of the following:	12276

(1) Issue a temporary order of detention ordering any health	12277
or police officer or sheriff to take into custody and transport	12278
such person to an institution or other place as designated in	12279
section 5123.77 of the Revised Code;	12280

(2) Order the county board of ~~mental retardation and~~	12281
developmental disabilities to provide services to the individual	12282
in the community if the board's assessment of the individual	12283
conducted under section 5123.711 of the Revised Code identifies	12284
that resources are available to meet the individual's needs in an	12285
appropriate manner within the community as an alternative to	12286
institutionalization;	12287

(3) Set the matter for further hearing.

12288

(B) A managing officer of a nonpublic institution may, and	12289
the managing officer of a public institution shall, receive for	12290
observation, diagnosis, habilitation, and care any person whose	12291
admission is ordered pursuant to division (A)(1) of this section.	12292

The alternatives to institutionalization that may be ordered	12293
under division (A)(2) of this section are limited to those that	12294
are necessary to remediate the emergency condition; necessary for	12295
the person's health, safety or welfare; and necessary for the	12296
protection of society, if applicable.	12297

(C) A person detained under this section may be observed and	12298
habilitated until the probable cause hearing provided for in	12299
section 5123.75 of the Revised Code. If no probable cause hearing	12300
is requested or held, the person may be evaluated and shall be	12301
provided with habilitative services until the full hearing is held	12302
pursuant to section 5123.76 of the Revised Code.	12303

Sec. 5126.01. As used in this chapter:

12304

(A) As used in this division, "adult" means an individual who	12305
is eighteen years of age or over and not enrolled in a program or	12306
service under Chapter 3323. of the Revised Code and an individual	12307
sixteen or seventeen years of age who is eligible for adult	12308
services under rules adopted by the director of mental retardation	12309
and developmental disabilities pursuant to Chapter 119. of the	12310
Revised Code.	12311

(1) "Adult services" means services provided to an adult	12312
outside the home, except when they are provided within the home	12313
according to an individual's assessed needs and identified in an	12314
individual service plan, that support learning and assistance in	12315
the area of self-care, sensory and motor development,	12316
socialization, daily living skills, communication, community	12317
living, social skills, or vocational skills.	12318

(2) "Adult services" includes all of the following:

12319

(a) Adult day habilitation services;

12320

(b) Adult day care;

12321

12322

(d) Sheltered employment;

12323

(e) Educational experiences and training obtained through	12324
entities and activities that are not expressly intended for	12325
individuals with mental retardation and developmental	12326
disabilities, including trade schools, vocational or technical	12327
schools, adult education, job exploration and sampling, unpaid	12328
work experience in the community, volunteer activities, and	12329
spectator sports;	12330

(f) Community employment services and supported employment	12331
services.	12332

(B)(1) "Adult day habilitation services" means adult services	12333
that do the following:	12334

(a) Provide access to and participation in typical activities	12335
and functions of community life that are desired and chosen by the	12336
general population, including such activities and functions as	12337
opportunities to experience and participate in community	12338
exploration, companionship with friends and peers, leisure	12339
activities, hobbies, maintaining family contacts, community	12340
events, and activities where individuals without disabilities are	12341
involved;	12342

(b) Provide supports or a combination of training and	12343
supports that afford an individual a wide variety of opportunities	12344
to facilitate and build relationships and social supports in the	12345
community.	12346

(2) "Adult day habilitation services" includes all of the	12347
following:	12348

(a) Personal care services needed to ensure an individual's	12349
ability to experience and participate in vocational services,	12350
educational services, community activities, and any other adult	12351
day habilitation services;	12352

(b) Skilled services provided while receiving adult day	12353
habilitation services, including such skilled services as behavior	12354
management intervention, occupational therapy, speech and language	12355
therapy, physical therapy, and nursing services;	12356

(c) Training and education in self-determination designed to	12357
help the individual do one or more of the following: develop	12358
self-advocacy skills, exercise the individual's civil rights,	12359
acquire skills that enable the individual to exercise control and	12360
responsibility over the services received, and acquire skills that	12361
enable the individual to become more independent, integrated, or	12362
productive in the community;	12363

(d) Recreational and leisure activities identified in the	12364
individual's service plan as therapeutic in nature or assistive in	12365
developing or maintaining social supports;	12366

(e) Counseling and assistance provided to obtain housing,	12367
including such counseling as identifying options for either rental	12368
or purchase, identifying financial resources, assessing needs for	12369
environmental modifications, locating housing, and planning for	12370
ongoing management and maintenance of the housing selected;	12371

(f) Transportation necessary to access adult day habilitation	12372
services;	12373

(g) Habilitation management, as described in section 5126.14	12374
of the Revised Code.	12375

(3) "Adult day habilitation services" does not include	12376
activities that are components of the provision of residential	12377
services, family support services, or supported living services.	12378

12379

(1) In the case of a member of a county board of ~~mental~~	12380
~~retardation and~~ developmental disabilities appointed by, or to be	12381
appointed by, a board of county commissioners, the board of county	12382
commissioners;	12383

(2) In the case of a member of a county board appointed by,	12384
or to be appointed by, a senior probate judge, the senior probate	12385
judge.	12386

(D) "Community employment services" or "supported employment	12387
services" means job training and other services related to	12388
employment outside a sheltered workshop. "Community employment	12389
services" or "supported employment services" include all of the	12390
following:	12391

(1) Job training resulting in the attainment of competitive	12392
work, supported work in a typical work environment, or	12393
self-employment;	12394

(2) Supervised work experience through an employer paid to	12395
provide the supervised work experience;	12396

(3) Ongoing work in a competitive work environment at a wage	12397
commensurate with workers without disabilities;	12398

(4) Ongoing supervision by an employer paid to provide the	12399
supervision.	12400

(E) As used in this division, "substantial functional	12401
limitation," "developmental delay," and "established risk" have	12402
the meanings established pursuant to section 5123.011 of the	12403
Revised Code.	12404

"Developmental disability" means a severe, chronic disability	12405
that is characterized by all of the following:	12406

(1) It is attributable to a mental or physical impairment or	12407
a combination of mental and physical impairments, other than a	12408
mental or physical impairment solely caused by mental illness as	12409
defined in division (A) of section 5122.01 of the Revised Code;	12410

(2) It is manifested before age twenty-two;

12411

(3) It is likely to continue indefinitely;

12412

(4) It results in one of the following:

12413

(a) In the case of a person under age three, at least one	12414
developmental delay or an established risk;	12415

(b) In the case of a person at least age three but under age	12416
six, at least two developmental delays or an established risk;	12417

(c) In the case of a person age six or older, a substantial	12418
functional limitation in at least three of the following areas of	12419
major life activity, as appropriate for the person's age:	12420
self-care, receptive and expressive language, learning, mobility,	12421
self-direction, capacity for independent living, and, if the	12422
person is at least age sixteen, capacity for economic	12423
self-sufficiency.	12424

(5) It causes the person to need a combination and sequence	12425
of special, interdisciplinary, or other type of care, treatment,	12426
or provision of services for an extended period of time that is	12427
individually planned and coordinated for the person.	12428

(F) "Early childhood services" means a planned program of	12429
habilitation designed to meet the needs of individuals with mental	12430
retardation or other developmental disabilities who have not	12431
attained compulsory school age.	12432

(G)(1) "Environmental modifications" means the physical	12433
adaptations to an individual's home, specified in the individual's	12434
service plan, that are necessary to ensure the individual's	12435
health, safety, and welfare or that enable the individual to	12436
function with greater independence in the home, and without which	12437
the individual would require institutionalization.	12438

(2) "Environmental modifications" includes such adaptations	12439
as installation of ramps and grab-bars, widening of doorways,	12440
modification of bathroom facilities, and installation of	12441
specialized electric and plumbing systems necessary to accommodate	12442
the individual's medical equipment and supplies.	12443

(3) "Environmental modifications" does not include physical	12444
adaptations or improvements to the home that are of general	12445
utility or not of direct medical or remedial benefit to the	12446
individual, including such adaptations or improvements as	12447
carpeting, roof repair, and central air conditioning.	12448

(H) "Family support services" means the services provided	12449
under a family support services program operated under section	12450
5126.11 of the Revised Code.	12451

(I) "Habilitation" means the process by which the staff of	12452
the facility or agency assists an individual with mental	12453
retardation or other developmental disability in acquiring and	12454
maintaining those life skills that enable the individual to cope	12455
more effectively with the demands of the individual's own person	12456
and environment, and in raising the level of the individual's	12457
personal, physical, mental, social, and vocational efficiency.	12458
Habilitation includes, but is not limited to, programs of formal,	12459
structured education and training.	12460

(J) "Home and community-based services" means medicaid-funded	12461
home and community-based services specified in division (B)(1) of	12462
section 5111.87 of the Revised Code and provided under the	12463
medicaid waiver components the department of mental retardation	12464
and developmental disabilities administers pursuant to section	12465
5111.871 of the Revised Code.	12466

(K) "Immediate family" means parents, grandparents, brothers,	12467
sisters, spouses, sons, daughters, aunts, uncles, mothers-in-law,	12468
fathers-in-law, brothers-in-law, sisters-in-law, sons-in-law, and	12469
daughters-in-law.	12470

(L) "Medicaid" has the same meaning as in section 5111.01 of	12471
the Revised Code.	12472

(M) "Medicaid case management services" means case management	12473
services provided to an individual with mental retardation or	12474
other developmental disability that the state medicaid plan	12475
requires.	12476

(N) "Mental retardation" means a mental impairment manifested	12477
during the developmental period characterized by significantly	12478
subaverage general intellectual functioning existing concurrently	12479
with deficiencies in the effectiveness or degree with which an	12480
individual meets the standards of personal independence and social	12481
responsibility expected of the individual's age and cultural	12482
group.	12483

(O) "Residential services" means services to individuals with	12484
mental retardation or other developmental disabilities to provide	12485
housing, food, clothing, habilitation, staff support, and related	12486
support services necessary for the health, safety, and welfare of	12487
the individuals and the advancement of their quality of life.	12488
"Residential services" includes program management, as described	12489
in section 5126.14 of the Revised Code.	12490

(P) "Resources" means available capital and other assets,	12491
including moneys received from the federal, state, and local	12492
governments, private grants, and donations; appropriately	12493
qualified personnel; and appropriate capital facilities and	12494
equipment.	12495

(Q) "Senior probate judge" means the current probate judge of	12496
a county who has served as probate judge of that county longer	12497
than any of the other current probate judges of that county. If a	12498
county has only one probate judge, "senior probate judge" means	12499
that probate judge.	12500

(R) "Service and support administration" means the duties	12501
performed by a service and support administrator pursuant to	12502
section 5126.15 of the Revised Code.	12503

(S)(1) "Specialized medical, adaptive, and assistive	12504
equipment, supplies, and supports" means equipment, supplies, and	12505
supports that enable an individual to increase the ability to	12506
perform activities of daily living or to perceive, control, or	12507
communicate within the environment.	12508

(2) "Specialized medical, adaptive, and assistive equipment,	12509
supplies, and supports" includes the following:	12510

(a) Eating utensils, adaptive feeding dishes, plate guards,	12511
mylatex straps, hand splints, reaches, feeder seats, adjustable	12512
pointer sticks, interpreter services, telecommunication devices	12513
for the deaf, computerized communications boards, other	12514
communication devices, support animals, veterinary care for	12515
support animals, adaptive beds, supine boards, prone boards,	12516
wedges, sand bags, sidelayers, bolsters, adaptive electrical	12517
switches, hand-held shower heads, air conditioners, humidifiers,	12518
emergency response systems, folding shopping carts, vehicle lifts,	12519
vehicle hand controls, other adaptations of vehicles for	12520
accessibility, and repair of the equipment received.	12521

(b) Nondisposable items not covered by medicaid that are	12522
intended to assist an individual in activities of daily living or	12523
instrumental activities of daily living.	12524

(T) "Supportive home services" means a range of services to	12525
families of individuals with mental retardation or other	12526
developmental disabilities to develop and maintain increased	12527
acceptance and understanding of such persons, increased ability of	12528
family members to teach the person, better coordination between	12529
school and home, skills in performing specific therapeutic and	12530
management techniques, and ability to cope with specific	12531
situations.	12532

(U)(1) "Supported living" means services provided for as long	12533
as twenty-four hours a day to an individual with mental	12534
retardation or other developmental disability through any public	12535
or private resources, including moneys from the individual, that	12536
enhance the individual's reputation in community life and advance	12537
the individual's quality of life by doing the following:	12538

(a) Providing the support necessary to enable an individual	12539
to live in a residence of the individual's choice, with any number	12540
of individuals who are not disabled, or with not more than three	12541
individuals with mental retardation and developmental disabilities	12542
unless the individuals are related by blood or marriage;	12543

(b) Encouraging the individual's participation in the	12544
community;	12545

12546

(d) Assisting the individual in acquiring, retaining, and	12547
improving the skills and competence necessary to live successfully	12548
in the individual's residence.	12549

(2) "Supported living" includes the provision of all of the	12550
following:	12551

(a) Housing, food, clothing, habilitation, staff support,	12552
professional services, and any related support services necessary	12553
to ensure the health, safety, and welfare of the individual	12554
receiving the services;	12555

(b) A combination of lifelong or extended-duration	12556
supervision, training, and other services essential to daily	12557
living, including assessment and evaluation and assistance with	12558
the cost of training materials, transportation, fees, and	12559
supplies;	12560

12561

(d) Household maintenance that does not include modifications	12562
to the physical structure of the residence;	12563

(e) Respite care services;

12564

(f) Program management, as described in section 5126.14 of	12565
the Revised Code.	12566

Sec. 5126.011. Whenever a county board of mental retardation	12567
and developmental disabilities is referred to or designated in any	12568
statute, rule, contract, grant, or other document, the reference	12569
or designation shall be deemed to refer to a county board of	12570
developmental disabilities.	12571

Sec. 5126.02. (A) Each county shall either have its own	12572
county board of ~~mental retardation and~~ developmental disabilities	12573
or, pursuant to section 5126.021 or 5126.022 of the Revised Code,	12574
be a member of a multicounty board of ~~mental retardation and~~	12575
developmental disabilities. Subject to division (B) of this	12576
section:	12577

(1) A county board shall be operated as a separate	12578
administrative and service entity.	12579

(2) The functions of a county board shall not be combined	12580
with the functions of any other entity of county government.	12581

(B) Division (A) of this section does not prohibit or	12582
restrict any county board from sharing administrative functions or	12583
personnel with one or more other county boards, including entering	12584
into an arrangement authorized by division (B) of section	12585
5126.0226 of the Revised Code.	12586

Sec. 5126.021. Subject to sections 5126.024 and 5126.025 of	12587
the Revised Code, a multicounty board of ~~mental retardation and~~	12588
developmental disabilities may be created if each of the	12589
following, before January 1, 2007, and within a	12590
one-hundred-eighty-day period, adopt an identical resolution or	12591
issue an identical order providing for the creation of the	12592
multicounty board:	12593

(A) A majority of the members of each of the boards of county	12594
commissioners seeking to create the multicounty board;	12595

(B) The senior probate judge of each county served by those	12596
boards of county commissioners.	12597

Sec. 5126.022. Subject to sections 5126.024 and 5126.025 of	12598
the Revised Code, a county that is not part of the creation of a	12599
multicounty board of ~~mental retardation and~~ developmental	12600
disabilities under section 5126.021 of the Revised Code may join	12601
the multicounty board if each of the following, within a sixty-day	12602
period, adopt an identical resolution or issue an identical order	12603
providing for the county to join the multicounty board:	12604

(A) A majority of the members of the board of county	12605
commissioners of the county seeking to join the multicounty board;	12606

(B) A majority of the members of each of the boards of county	12607
commissioners that are members of the multicounty board;	12608

(C) The senior probate judge of the county seeking to join	12609
the multicounty board;	12610

(D) The senior probate judge of each of the counties that are	12611
members of the multicounty board.	12612

Sec. 5126.023. (A) Subject to section 5126.024 of the	12613
Revised Code, the board of county commissioners of a county that	12614
is a member of a multicounty board of ~~mental retardation and~~	12615
developmental disabilities and the senior probate judge of that	12616
county may terminate the county's membership in the multicounty	12617
board in the manner provided in this section. To terminate the	12618
county's membership in the multicounty board, the board of county	12619
commissioners shall adopt a resolution, and the senior probate	12620
judge shall issue an order, providing for the termination.	12621

(B) A resolution and order of termination adopted or issued	12622
under this section shall specify the last day that the county will	12623
be a member of the multicounty board. The resolution and order	12624
also shall provide for the county to do one of the following on	12625
the day immediately following the last day that the county will be	12626
a member of the multicounty board:	12627

(1) Create a single county board of ~~mental retardation and~~	12628
developmental disabilities;	12629

(2) If the day immediately following the last day that the	12630
county will be a member of the current multicounty board is before	12631
January 1, 2007, co-create a new multicounty board pursuant to	12632
section 5126.021 of the Revised Code;	12633

(3) Join a different multicounty board pursuant to section	12634
5126.022 of the Revised Code.	12635

(C) A resolution and an order of termination adopted or	12636
issued under this section shall include a plan for the equitable	12637
adjustment and division of all services, assets, property, debts,	12638
and obligations, if any, of the multicounty board that the county	12639
will cease to be a member of.	12640

(D) Any county terminating its membership in a multicounty	12641
board shall continue to have levied against its tax list and	12642
duplicate any tax levied by the board of county commissioners for	12643
mental retardation and developmental disability services during	12644
the period in which the county was a member of the multicounty	12645
board until the levy expires or is renewed or replaced.	12646

Sec. 5126.024. (A) If a board of county commissioners and	12647
senior probate judge propose to join in the creation of, join, or	12648
terminate the county's membership in a multicounty board of ~~mental~~	12649
~~retardation and~~ developmental disabilities as provided in section	12650
5126.021, 5126.022, or 5126.023 of the Revised Code, the board of	12651
county commissioners and judge shall do both of the following:	12652

(1) Notify the county board of ~~mental retardation and~~	12653
developmental disabilities in writing of their intent to join in	12654
the creation of, join, or terminate the county's membership in a	12655
multicounty board, including a written explanation of the	12656
administrative, fiscal, and performance considerations underlying	12657
the proposed action;	12658

(2) Provide the county board an opportunity to comment on the	12659
proposed action.	12660

(B) If the county board, not more than sixty days after	12661
receiving the notice under division (A) of this section, votes to	12662
oppose the proposed action and notifies the board of county	12663
commissioners and judge of the vote, the county may join in	12664
creation of a multicounty board, join a multicounty board, or	12665
terminate the county's membership in a multicounty board only on	12666
the unanimous vote of the board of county commissioners and the	12667
order of that judge to proceed with the creation of, joining, or	12668
termination of the county's membership in a multicounty board.	12669

Sec. 5126.025. Not more than five counties may be members of	12670
the same multicounty board of ~~mental retardation and~~ developmental	12671
disabilities. Only contiguous counties may be members of the same	12672
multicounty board.	12673

Sec. 5126.027. (A) A reference to a county board of ~~mental~~	12674
~~retardation and~~ developmental disabilities in a law enacted by the	12675
general assembly shall mean the following:	12676

(1) In the case of a county with its own county board, a	12677
single county board;	12678

(2) In the case of a county that is a member of a multicounty	12679
board, a multicounty board.	12680

(B) Unless the context provides otherwise, a law enacted by	12681
the general assembly that refers to a county, or an entity or	12682
official of a county, that a county board of ~~mental retardation~~	12683
~~and~~ developmental disabilities serves shall be deemed to refer to	12684
the following:	12685

(1) In the case of a county with a single county board, that	12686
county or the county entity or official specified in the law;	12687

(2) In the case of a county that is a member of a multicounty	12688
board, each of the counties that are members of the multicounty	12689
board or the specified entity or official of each of those	12690
counties.	12691

Sec. 5126.028. Each county board of ~~mental retardation and~~	12692
developmental disabilities shall consist of seven members. In the	12693
case of a single county board, the board of county commissioners	12694
of the county shall appoint five members and the senior probate	12695
judge of the county shall appoint two members. In the case of a	12696
multicounty board, the membership shall be appointed as follows:	12697

(A) If there are five member counties, the board of county	12698
commissioners of each of the member counties shall each appoint	12699
one member and the senior probate judges of the member counties	12700
with the largest and second largest population shall each appoint	12701
one member.	12702

(B) If there are four member counties, the board of county	12703
commissioners of the member county with the largest population	12704
shall appoint two members, the other three boards of county	12705
commissioners shall each appoint one member, and the senior	12706
probate judges of the member counties with the largest and second	12707
largest population shall each appoint one member.	12708

(C) If there are three member counties, the boards of county	12709
commissioners of the member counties with the largest and second	12710
largest populations shall each appoint two members, the other	12711
board of county commissioners shall appoint one member, and the	12712
senior probate judges of the member counties with the largest and	12713
second largest population shall each appoint one member.	12714

(D) If there are two member counties, the board of county	12715
commissioners of the member county with the largest population	12716
shall appoint three members, the board of county commissioners of	12717
the other county shall appoint two members, and the senior probate	12718
judge of each county shall each appoint one member.	12719

Sec. 5126.029. (A) When making appointments to a county	12720
board of ~~mental retardation and~~ developmental disabilities, an	12721
appointing authority shall do all of the following:	12722

(1) Appoint only individuals who are residents of the county	12723
the appointing authority serves, citizens of the United States,	12724
and interested and knowledgeable in the field of mental	12725
retardation and other allied fields;	12726

(2) If the appointing authority is a board of county	12727
commissioners, appoint, subject to division (B) of this section,	12728
at least two individuals who are immediate family members of	12729
individuals eligible for services provided by the county board	12730
and, whenever possible, ensure that one of those two members is an	12731
immediate family member of an individual eligible for adult	12732
services and the other is an immediate family member of an	12733
individual eligible for early intervention services or services	12734
for preschool or school-age children;	12735

(3) If the appointing authority is a senior probate judge,	12736
appoint, subject to division (B) of this section, at least one	12737
individual who is an immediate family member of an individual	12738
eligible for residential services or supported living;	12739

(4) Appoint, to the maximum extent possible, individuals who	12740
have professional training and experience in business management,	12741
finance, law, health care practice, personnel administration, or	12742
government service;	12743

(5) Provide for the county board's membership to reflect, as	12744
nearly as possible, the composition of the county or counties that	12745
the county board serves.	12746

(B) The appointing authorities of a multicounty board shall	12747
coordinate their appointments to the extent necessary to satisfy	12748
the requirements of this section. The coordination may provide for	12749
one of the boards of county commissioners making one of the two	12750
appointments required by division (A)(2) of this section and	12751
another board of county commissioners making the other appointment	12752
required by that division. The coordination shall ensure that at	12753
least one of the senior probate judges satisfies the requirement	12754
of division (A)(3) of this section.	12755

Sec. 5126.0210. (A) None of the following individuals may	12756
serve as a member of a county board of ~~mental retardation and~~	12757
developmental disabilities:	12758

(1) An elected public official, except for a township	12759
trustee, township fiscal officer, or individual excluded from the	12760
definition of public official or employee in division (B) of	12761
section 102.01 of the Revised Code;	12762

(2) An immediate family member of another county board	12763
member;	12764

(3) A county board employee or immediate family member of a	12765
county board employee;	12766

(4) A former employee of the county board whose employment	12767
with the county board ceased less than one calendar year before	12768
the former employee would begin to serve as a member of the county	12769
board;	12770

(5) An individual who or whose immediate family member is a	12771
board member or an employee of an agency licensed or certified by	12772
the department of mental retardation and developmental	12773
disabilities to provide services to individuals with mental	12774
retardation or developmental disabilities;	12775

(6) An individual who or whose immediate family member is a	12776
board member or employee of an agency contracting with the county	12777
board that is not licensed or certified by the department of	12778
mental retardation and developmental disabilities to provide	12779
services to individuals with mental retardation or developmental	12780
disabilities unless there is no conflict of interest;	12781

(7) An individual with an immediate family member who serves	12782
as a county commissioner of a county served by the county board	12783
unless the individual was a member of the county board before	12784
October 31, 1980.	12785

(B) All questions relating to the existence of a conflict of	12786
interest for the purpose of division (A)(6) of this section shall	12787
be submitted to the local prosecuting attorney for resolution. The	12788
Ohio ethics commission may examine any issues arising under	12789
Chapter 102. and sections 2921.42, 2921.421, and 2921.43 of the	12790
Revised Code.	12791

Sec. 5126.0211. (A) No individual may be appointed or	12792
reappointed to a county board of ~~mental retardation and~~	12793
developmental disabilities unless the individual, before the	12794
appointment or reappointment, provides to the appointing authority	12795
a written declaration specifying both of the following:	12796

(1) That no circumstance described in section 5126.0210 of	12797
the Revised Code exists that bars the individual from serving on	12798
the county board;	12799

(2) Whether the individual or an immediate family member of	12800
the individual has an ownership interest in or is under contract	12801
with an agency contracting with the county board, and, if such an	12802
ownership interest or contract exists, the identity of the agency	12803
and the nature of the relationship to that agency.	12804

(B) On appointment or reappointment of an individual to the	12805
county board, the appointing authority shall provide a copy of the	12806
individual's declaration to the superintendent of the county	12807
board. The declaration is a public record for the purpose of	12808
section 149.43 of the Revised Code.	12809

Sec. 5126.0212. Except for members appointed under section	12810
5126.0214 of the Revised Code to fill a vacancy, members of a	12811
county board of ~~mental retardation and~~ developmental disabilities	12812
shall be appointed or reappointed not later than the last day of	12813
November, commence their terms on the date of the stated annual	12814
organizational meeting in the following January as provided under	12815
section 5126.0216 of the Revised Code, and serve terms of four	12816
years. The membership of an individual appointed as an immediate	12817
family member of a recipient of services shall not be terminated	12818
because the services are no longer received.	12819

Sec. 5126.0213. Except as otherwise provided in this section	12820
and section 5126.0225 of the Revised Code, a member of a county	12821
board of ~~mental retardation and~~ developmental disabilities may be	12822
reappointed to the county board. Prior to making a reappointment,	12823
the appointing authority shall ascertain, through written	12824
communication with the board, that the member being considered for	12825
reappointment meets the requirements of sections 5126.029 and	12826
5126.0225 of the Revised Code.	12827

A member who has served during each of three consecutive	12828
terms shall not be reappointed for a subsequent term until two	12829
years after ceasing to be a member of the county board, except	12830
that a member who has served for ten years or less within three	12831
consecutive terms may be reappointed for a subsequent term before	12832
becoming ineligible for reappointment for two years.	12833

Sec. 5126.0214. Within sixty days after a vacancy on a	12834
county board of ~~mental retardation and~~ developmental disabilities	12835
occurs, including a vacancy created under section 5126.0220 of the	12836
Revised Code, the appointing authority shall fill the vacancy for	12837
the unexpired term. Before filling a vacancy, the appointing	12838
authority shall cause a notice of the vacancy to be published on	12839
at least two separate dates in one or more newspapers serving the	12840
county or counties the county board serves.	12841

A member appointed to fill a vacancy occurring before the	12842
expiration of the term for which the member's predecessor was	12843
appointed shall hold office for the remainder of that term.	12844

Sec. 5126.0215. Members of a county board of ~~mental~~	12845
~~retardation and~~ developmental disabilities shall serve without	12846
compensation, but shall be reimbursed for necessary expenses	12847
incurred in the conduct of county board business, including	12848
expenses that are incurred in the member's county of residence in	12849
accordance with an established policy of the county board.	12850

Sec. 5126.0216. Each county board of ~~mental retardation and~~	12851
developmental disabilities shall hold an organizational meeting no	12852
later than the thirty-first day of January of each year and shall	12853
elect its officers, which shall include a president,	12854
vice-president, and recording secretary. After its annual	12855
organizational meeting, the board shall meet in such manner and at	12856
such times as prescribed by rules adopted by the board, but the	12857
board shall meet at least ten times annually in regularly	12858
scheduled sessions in accordance with section 121.22 of the	12859
Revised Code, not including in-service training sessions. A	12860
majority of the board constitutes a quorum. The board shall adopt	12861
rules for the conduct of its business and a record shall be kept	12862
of board proceedings, which shall be open for public inspection.	12863

Sec. 5126.0217. Each year, each member of a county board of	12864
~~mental retardation and~~ developmental disabilities shall attend at	12865
least four hours of in-service training provided or approved by	12866
the department of mental retardation and developmental	12867
disabilities. This training shall not be considered regularly	12868
scheduled meetings of the county board.	12869

Sec. 5126.0218. A member of a county board of ~~mental~~	12870
~~retardation and~~ developmental disabilities shall be considered	12871
present at an in-service training session even though the member	12872
is not physically present in the room in which the session is held	12873
if the member is connected to the session through a system that	12874
enables the member to communicate with the individuals	12875
participating in the session and such individuals to communicate	12876
with the member.	12877

Sec. 5126.0219. In no circumstance shall a member of a	12878
county board of ~~mental retardation and~~ developmental disabilities	12879
participate in or vote on any matter before the county board	12880
concerning a contract agency of which the member or an immediate	12881
family member of the member is also a board member or an employee.	12882

Sec. 5126.0220. (A) Subject to sections 5126.0221 and	12883
5126.0223 of the Revised Code, an appointing authority shall	12884
remove a member of a county board of ~~mental retardation and~~	12885
developmental disabilities for any of the following reasons:	12886

(1) Neglect of duty;

12887

(2) Misconduct;

12888

(3) Malfeasance;

12889

(4) Ineligibility to serve on the county board pursuant to	12890
section 5126.0210 of the Revised Code;	12891

(5) Failure to attend at least four hours of in-service	12892
training session each year;	12893

(6) Failure to attend within one year four regularly	12894
scheduled board meetings;	12895

(7) Failure to attend within one year two regularly scheduled	12896
board meetings if the member gave no prior notice of the member's	12897
absence;	12898

(8) Consistently poor performance on the county board, as	12899
demonstrated by documentation that the president of the county	12900
board provides to the appointing authority and the appointing	12901
authority determines is convincing evidence.	12902

(B) The removal provisions of divisions (A)(6) and (7) of	12903
this section do not apply to absences from special meetings or	12904
work sessions.	12905

Sec. 5126.0221. An appointing authority shall not remove a	12906
member of a county board of ~~mental retardation and~~ developmental	12907
disabilities from the county board by reason of division (A)(5),	12908
(6), or (7) of section 5126.0220 of the Revised Code if the	12909
director of mental retardation and developmental disabilities	12910
waives the requirement that the member be removed. The director	12911
may issue the waiver only if the appointing authority requests	12912
that the director issue the waiver and provides the director	12913
evidence that is satisfactory to the director that the member's	12914
absences from the in-service training sessions or regularly	12915
scheduled board meetings are due to a serious health problem of	12916
the member or a member of the member's immediate family. The	12917
director's decision on whether to issue the waiver is final and	12918
not subject to appeal.	12919

The county board on which the member serves may pass a	12920
resolution urging the appointing authority to request that the	12921
director issue the waiver. The member whose absences from the	12922
sessions or meetings are at issue may not vote on the resolution.	12923
The appointing authority may request the waiver regardless of	12924
whether the county board adopts the resolution.	12925

Sec. 5126.0222. If there are grounds for the mandatory	12926
removal of a member of a county board of ~~mental retardation and~~	12927
developmental disabilities under section 5126.0220 of the Revised	12928
Code, the county board shall supply the board member and the	12929
member's appointing authority with written notice of the grounds.	12930

Sec. 5126.0223. An appointing authority shall afford a	12931
member of a county board of ~~mental retardation and~~ developmental	12932
disabilities an opportunity for a hearing on the member's proposed	12933
removal in accordance with procedures the appointing authority	12934
shall establish, unless the appointing authority requested that	12935
the director of mental retardation and developmental disabilities	12936
waive the mandatory removal under section 5126.0221 of the Revised	12937
Code and the director refused to issue the waiver. The appointing	12938
authority shall hold the hearing if the member requests the	12939
hearing not later than thirty days after the date that the county	12940
board sends the member the notice required by section 5126.0222 of	12941
the Revised Code.	12942

Sec. 5126.0224. If a member of a county board of ~~mental~~	12943
~~retardation and~~ developmental disabilities requests a hearing	12944
within the time required by section 5126.0223 of the Revised Code,	12945
the appointing authority may not remove the member from the board	12946
before the conclusion of the hearing.	12947

Sec. 5126.0225. A member of a county board of ~~mental~~	12948
~~retardation and~~ developmental disabilities who is removed from the	12949
county board is ineligible for reappointment to the board for not	12950
less than one year. The appointing authority shall specify the	12951
time during which the member is ineligible for reappointment. If	12952
the member is removed under division (A)(5) of section 5126.0220	12953
of the Revised Code, the county board shall specify the training	12954
the member must complete before being eligible for reappointment.	12955

Sec. 5126.0226. (A) Each county board of ~~mental retardation~~	12956
~~and~~ developmental disabilities shall either employ a	12957
superintendent or obtain the services of the superintendent of	12958
another county board of ~~mental retardation and~~ developmental	12959
disabilities. The board shall provide for a superintendent who is	12960
qualified, as specified in rules adopted by the department of	12961
mental retardation and developmental disabilities in accordance	12962
with Chapter 119. of the Revised Code. The superintendent shall	12963
have no voting privileges on the board.	12964

The board shall prescribe the duties of its superintendent	12965
and review the superintendent's performance. The superintendent	12966
may be removed, suspended, or demoted for cause pursuant to	12967
section 5126.23 of the Revised Code. The board shall fix the	12968
superintendent's compensation and reimburse the superintendent for	12969
actual and necessary expenses.	12970

Each county board that employs its own superintendent shall	12971
employ the superintendent under a contract. To enter into a	12972
contract, the board shall adopt a resolution agreeing to the	12973
contract. Each contract for employment or re-employment of a	12974
superintendent shall be for a term of not less than one and not	12975
more than five years. At the expiration of a superintendent's	12976
current term of employment, the superintendent may be re-employed.	12977
If the board intends not to re-employ the superintendent, the	12978
board shall give the superintendent written notification of its	12979
intention. The notice shall be given not less than ninety days	12980
prior to the expiration of the superintendent's contract.	12981

(B) Two or more county boards may enter into an arrangement	12982
under which the superintendent of one county board acts as the	12983
superintendent of another county board. To enter into such an	12984
arrangement, each board shall adopt a resolution agreeing to the	12985
arrangement. The resolutions shall specify the duration of the	12986
arrangement and the contribution each board is to make to the	12987
superintendent's compensation and reimbursement for expenses.	12988

(C) If a vacancy occurs in the position of superintendent, a	12989
county board may appoint a person who holds a valid	12990
superintendent's certificate issued under the rules of the	12991
department to work under a contract for an interim period not to	12992
exceed one hundred eighty days until a permanent superintendent	12993
can be employed or arranged for under division (A) or (B) of this	12994
section. The director of the department may approve additional	12995
periods of time for these types of interim appointments when so	12996
requested by a resolution adopted by a county board, if the	12997
director determines that the additional periods are warranted and	12998
the services of a permanent superintendent are not available.	12999

Sec. 5126.0227. The superintendent of the county board of	13000
~~mental retardation and~~ developmental disabilities shall:	13001

(A) Administer the work of the board, subject to the board's	13002
rules;	13003

(B) Recommend to the board the changes necessary to increase	13004
the effectiveness of the programs and services offered pursuant to	13005
Chapters 3323. and 5126. of the Revised Code;	13006

(C) Employ persons for all positions authorized by the board,	13007
approve contracts of employment for management employees that are	13008
for a term of one year or less, and approve personnel actions that	13009
involve employees in the classified civil service as may be	13010
necessary for the work of the board;	13011

(D) Approve compensation for employees within the limits set	13012
by the salary schedule and budget set by the board and in	13013
accordance with section 5126.26 of the Revised Code, and ensure	13014
that all employees and consultants are properly reimbursed for	13015
actual and necessary expenses incurred in the performance of	13016
official duties;	13017

(E) Provide consultation to public agencies as defined in	13018
division (C) of section 102.01 of the Revised Code, including	13019
other county boards of ~~mental retardation and~~ developmental	13020
disabilities, and to individuals, agencies, or organizations	13021
providing services supported by the board.	13022

The superintendent may authorize the payment of board	13023
obligations by the county auditor.	13024

Sec. 5126.0228. (A) As used in this section, "specialized	13025
services" has the same meaning as in section 5126.281 of the	13026
Revised Code.	13027

(B) Except as provided in division (C) of section 5126.033 of	13028
the Revised Code, none of the following individuals may be	13029
employed by a county board of ~~mental retardation and~~ developmental	13030
disabilities:	13031

(1) An employee of an agency contracting with the county	13032
board;	13033

(2) An immediate family member of an employee of an agency	13034
contracting with the county board unless the county board adopts a	13035
resolution authorizing the immediate family member's employment	13036
with the county board or the employment is consistent with a	13037
policy adopted by the board establishing parameters for such	13038
employment and the policy is consistent with Chapter 102. and	13039
sections 2921.42, 2921.421, and 2921.43 of the Revised Code;	13040

(3) An individual with an immediate family member who serves	13041
as a county commissioner of any of the counties served by the	13042
county board unless the individual was an employee of the county	13043
board before October 31, 1980;	13044

(4) An individual who is employed by, has an ownership	13045
interest in, performs or provides administrative duties for, or is	13046
a member of the governing board of an entity that provides	13047
specialized services, regardless of whether the entity contracts	13048
with the county board to provide specialized services.	13049

Sec. 5126.0229. As used in this section, "specialized	13050
services" has the same meaning as in section 5126.281 of the	13051
Revised Code.	13052

Notwithstanding any provision of the Revised Code to the	13053
contrary, including applicable provisions of sections 102.03,	13054
102.04, 2921.42, and 2921.43 of the Revised Code, an employee of a	13055
county board of ~~mental retardation and~~ developmental disabilities	13056
also may be a member of the governing board of a political	13057
subdivision, including the board of education of a school	13058
district, or an agency that does not provide specialized services.	13059
The county board may contract with such a governing board even	13060
though the governing board includes an individual who is an	13061
employee of the county board. That member of the governing board	13062
may not vote on any matter before the governing board concerning a	13063
contract with the county board or participate in any discussion or	13064
debate regarding such a contract.	13065

Sec. 5126.03. As used in this section and in sections	13066
5126.031 to 5126.034 of the Revised Code:	13067

(A) "Direct services contract" means any legally enforceable	13068
agreement with an individual, agency, or other entity that,	13069
pursuant to its terms or operation, may result in a payment from a	13070
county board of ~~mental retardation and~~ developmental disabilities	13071
to an eligible person or to a member of the immediate family of an	13072
eligible person for services rendered to the eligible person.	13073
"Direct services contract" includes a contract for supported	13074
living pursuant to sections 5126.40 to 5126.47 of the Revised	13075
Code, family support services under section 5126.11 of the Revised	13076
Code, and reimbursement for transportation expenses.	13077

(B) "Eligible person" means a person eligible to receive	13078
services from a county board or from an entity under contract with	13079
a county board.	13080

(C) "Former board member" means a person whose service on the	13081
county board ended less than one year prior to commencement of	13082
services under a direct services contract.	13083

(D) "Former employee" means a person whose employment by the	13084
county board ended less than one year prior to commencement of	13085
services under a direct services contract.	13086

Sec. 5126.031. (A) Except as provided in division (B) of	13087
this section, annually at the organizational meeting required by	13088
section 5126.0216 of the Revised Code, the chairperson of the	13089
county board of ~~mental retardation and~~ developmental disabilities	13090
shall appoint three members of the board to an ethics council to	13091
review all direct services contracts. The board's chairperson may	13092
be one of those appointed. The superintendent of the board shall	13093
be a nonvoting member of the council. The chairperson shall not	13094
appoint a person to the council if the person, or any member of	13095
the person's immediate family, will have any interest in any	13096
direct services contract under review by the council while the	13097
person serves on the council or during the twelve-month period	13098
after completing service on the council. If a council member or a	13099
member of the council member's immediate family has or will have	13100
such an interest, the chairperson shall replace the member by	13101
appointing another board member to the council.	13102

The council shall meet regularly as directed by the board to	13103
perform its duties. Minutes shall be kept of the actions of the	13104
council. The minutes shall be part of the public record of the	13105
county board.	13106

Any action taken by the council on direct services contracts	13107
under its review shall be in public. The council shall afford an	13108
affected party the opportunity to meet with the council on matters	13109
related to a direct services contract or any action taken by the	13110
council.	13111

(B) If a county board establishes a policy specifying that	13112
the board is not willing to enter into direct services contracts	13113
with any person who is a board member or former board member or a	13114
member of the immediate family of a board member or former board	13115
member, the board may assume the responsibilities and perform the	13116
duties of an ethics council specified in section 5126.032 of the	13117
Revised Code. The policy shall be established by resolution	13118
adopted by a majority of the members of the board in attendance at	13119
a meeting at which there is a quorum and shall be in effect for	13120
one year after its adoption, at which time the board shall, by	13121
resolution adopted in the same manner as the initial resolution,	13122
either renew the policy or establish a new one.	13123

Sec. 5126.032. (A) The ethics council appointed for a county	13124
board of ~~mental retardation and~~ developmental disabilities shall	13125
review all direct services contracts, and approve or disapprove	13126
each contract in accordance with the standards in section 5126.033	13127
of the Revised Code. The council shall develop, in consultation	13128
with the prosecuting attorney, and recommend to the board ethical	13129
standards, contract audit procedures, and grievance procedures	13130
with respect to the award and reconciliation of direct services	13131
contracts. The superintendent, or an employee of the county board	13132
designated by the superintendent, shall, in accordance with a	13133
policy established by the county board, certify to the council a	13134
copy of each proposed direct services contract or contract renewal	13135
at a reasonable time before the contract would take effect if	13136
entered into or renewed, if, at the time the contract or renewal	13137
is proposed, resources approved by the board for such purposes are	13138
available.	13139

The council shall promptly review each direct services	13140
contract certified to it. If the contract does not meet the	13141
conditions specified in section 5126.033 of the Revised Code, the	13142
council shall recommend that the board not enter into the contract	13143
or suggest specified revisions. The superintendent shall provide	13144
all the information the council needs to make its determinations.	13145

The council shall certify to the board its recommendation	13146
with regard to each contract. Except as provided in division (B)	13147
of this section, the board, by resolution, shall enter into each	13148
direct services contract that the council recommends or recommends	13149
with specified revisions. The board shall not enter into any	13150
contract that is not recommended by the council or enter into any	13151
contract to which revisions are suggested if the contract does not	13152
include the specified revisions.	13153

(B) The prosecuting attorney, at the request of the board,	13154
shall prepare a legal review of any direct services contract that	13155
has been recommended, or recommended with revisions, by the	13156
council. The board shall enter into only those contracts submitted	13157
for review that are determined by the prosecuting attorney to be	13158
in compliance with state law.	13159

Sec. 5126.033. (A) A county board of ~~mental retardation and~~	13160
developmental disabilities shall not enter into a direct services	13161
contract unless the contract is limited either to the actual	13162
amount of the expenses or to a reasonable and allowable amount	13163
projected by the board.	13164

(B) A county board shall not enter into a direct services	13165
contract that would result in payment to a board member, former	13166
board member, employee, former employee, or member of the	13167
immediate family of a board member, former board member, employee,	13168
or former employee if the person who would receive services under	13169
the contract stands to receive any preferential treatment or any	13170
unfair advantage over other eligible persons.	13171

(C) A county board shall not enter into a direct services	13172
contract for services provided in accordance with section 5126.11	13173
or sections 5126.40 to 5126.46 of the Revised Code under which an	13174
individual, agency, or other entity will employ an individual who	13175
is also an employee of that county board unless all of the	13176
following conditions are met:	13177

(1) The employee is not in a capacity to influence the award	13178
of the contract.	13179

(2) The employee has not attempted in any manner to secure	13180
the contract on behalf of the individual, agency, or other entity.	13181

(3) The employee is not employed in management level two or	13182
three according to rules adopted by the director of mental	13183
retardation and developmental disabilities and does not provide	13184
service and support administration.	13185

(4) The employee is not employed by the board during the	13186
period when the contract is developed as an administrator or	13187
supervisor responsible for approving or supervising services to be	13188
provided under the contract and agrees not to take such a position	13189
while the contract is in effect, regardless of whether the	13190
position is related to the services provided under the contract.	13191

(5) The employee has not taken any actions that create the	13192
need for the services to be provided under the contract.	13193

(6) The individual, agency, or other entity seeks the	13194
services of the employee because of the employee's expertise and	13195
familiarity with the care and condition of one or more eligible	13196
persons and other individuals with such expertise and familiarity	13197
are unavailable, or an eligible person has requested to have the	13198
services provided by that employee.	13199

The superintendent of the county board shall notify the	13200
employee and the individual, agency, or other entity that seeks	13201
the employee's services of the ethics council's determination	13202
under section 5126.032 of the Revised Code regarding the contract.	13203
The council's determination shall be binding on all parties.	13204

The employee who is the subject of the contract shall inform	13205
the superintendent of the county board of any employment the	13206
employee has outside the county board that is with any individual,	13207
agency, or other entity that has a contract with the county board.	13208

Sec. 5126.034. (A) If the requirements of section 5126.033	13209
of the Revised Code have been met for a particular direct services	13210
contract, a member or former member of a county board of ~~mental~~	13211
~~retardation and~~ developmental disabilities, an employee or former	13212
employee of a county board, or an immediate family member of a	13213
member, former member, employee, or former employee of a county	13214
board is not in violation of the restrictions in Chapter 102. and	13215
sections 2921.42 and 5126.0210 of the Revised Code with regard to	13216
that contract.	13217

(B) Nothing in section 5126.033 of the Revised Code shall be	13218
construed to allow a member or employee of a county board to	13219
authorize, or use the authority of the member's or employee's	13220
office or employment to secure authorization of, a contract that	13221
could result in receipt by the county board member or employee or	13222
a member of the immediate family of the county board member or	13223
employee of payment for expenses incurred on behalf of an	13224
immediate family member who is an eligible person.	13225

Sec. 5126.037. No county board of ~~mental retardation and~~	13226
developmental disabilities shall contract with a nongovernmental	13227
agency whose board includes a county commissioner of any of the	13228
counties served by the county board.	13229

Sec. 5126.038. (A) As used in this section, "professional	13230
services" means all of the following services provided on behalf	13231
of a county board of ~~mental retardation and~~ developmental	13232
disabilities, members or employees of a county board, or both:	13233

(1) Lobbying and other governmental affairs services;

13234

(2) Legal services other than the legal services provided by	13235
a county prosecutor or provided for the purpose of collective	13236
bargaining;	13237

(3) Public relation services;

13238

(4) Consulting services;

13239

(5) Personnel training services, not including tuition or	13240
professional growth reimbursement programs for county board	13241
members or employees.	13242

(B) Each county board of ~~mental retardation and~~ developmental	13243
disabilities shall submit to the board of county commissioners of	13244
each county that is served by the county board, in accordance with	13245
the normal budget process and as part of its budget request, a	13246
list identifying the total expenditures projected for any of the	13247
following:	13248

(1) Any membership dues of the members or employees of the	13249
county board, in any organization, association, or other entity;	13250

(2) Any professional services of the county board, its	13251
members or employees, or both;	13252

(3) Any training of the members or employees of the county	13253
board.	13254

Sec. 5126.04. (A) Each county board of ~~mental retardation~~	13255
~~and~~ developmental disabilities shall plan and set priorities based	13256
on available resources for the provision of facilities, programs,	13257
and other services to meet the needs of county residents who are	13258
individuals with mental retardation and other developmental	13259
disabilities, former residents of the county residing in state	13260
institutions or placed under purchase of service agreements under	13261
section 5123.18 of the Revised Code, and children subject to a	13262
determination made pursuant to section 121.38 of the Revised Code.	13263

Each county board shall assess the facility and service needs	13264
of the individuals with mental retardation and other developmental	13265
disabilities who are residents of the county or former residents	13266
of the county residing in state institutions or placed under	13267
purchase of service agreements under section 5123.18 of the	13268
Revised Code.	13269

Each county board shall require individual habilitation or	13270
service plans for individuals with mental retardation and other	13271
developmental disabilities who are being served or who have been	13272
determined eligible for services and are awaiting the provision of	13273
services. Each board shall ensure that methods of having their	13274
service needs evaluated are available.	13275

(B)(1) If a foster child is in need of assessment for	13276
eligible services or is receiving services from a county board of	13277
~~mental retardation and~~ developmental disabilities and that child	13278
is placed in a different county, the agency that placed the child,	13279
immediately upon placement, shall inform the county board in the	13280
new county all of the following:	13281

(a) That a foster child has been placed in that county;

13282

(b) The name and other identifying information of the foster	13283
child;	13284

(c) The name of the foster child's previous county of	13285
residence;	13286

(d) That the foster child was in need of assessment for	13287
eligible services or was receiving services from the county board	13288
of ~~mental retardation and~~ developmental disabilities in the	13289
previous county.	13290

(2) Upon receiving the notice described in division (B)(1) of	13291
this section or otherwise learning that the child was in need of	13292
assessment for eligible services or was receiving services from a	13293
county board of ~~mental retardation and~~ developmental disabilities	13294
in the previous county, the county board in the new county shall	13295
communicate with the county board of the previous county to	13296
determine how services for the foster child shall be provided in	13297
accordance with each board's plan and priorities as described in	13298
division (A) of this section.	13299

If the two county boards are unable to reach an agreement	13300
within ten days of the child's placement, the county board in the	13301
new county shall send notice to the Ohio department of mental	13302
retardation and developmental disabilities of the failure to	13303
agree. The department shall decide how services shall be provided	13304
for the foster child within ten days of receiving notice that the	13305
county boards could not reach an agreement. The department may	13306
decide that one, or both, of the county boards shall provide	13307
services. The services shall be provided in accordance with the	13308
board's plan and priorities as described in division (A) of this	13309
section.	13310

(C) The department of mental retardation and developmental	13311
disabilities may adopt rules in accordance with Chapter 119. of	13312
the Revised Code as necessary to implement this section. To the	13313
extent that rules adopted under this section apply to the	13314
identification and placement of children with disabilities under	13315
Chapter 3323. of the Revised Code, the rules shall be consistent	13316
with the standards and procedures established under sections	13317
3323.03 to 3323.05 of the Revised Code.	13318

(D) The responsibility or authority of a county board to	13319
provide services under this chapter does not affect the	13320
responsibility of any other entity of state or local government to	13321
provide services to individuals with mental retardation and	13322
developmental disabilities.	13323

(E) On or before the first day of February prior to a school	13324
year, a county board of ~~mental retardation and~~ developmental	13325
disabilities may elect not to participate during that school year	13326
in the provision of or contracting for educational services for	13327
children ages six through twenty-one years of age, provided that	13328
on or before that date the board gives notice of this election to	13329
the superintendent of public instruction, each school district in	13330
the county, and the educational service center serving the	13331
county. If a board makes this election, it shall not have any	13332
responsibility for or authority to provide educational services	13333
that school year for children ages six through twenty-one years	13334
of age. If a board does not make an election for a school year in	13335
accordance with this division, the board shall be deemed to have	13336
elected to participate during that school year in the provision	13337
of or contracting for educational services for children ages six	13338
through twenty-one years of age.	13339

(F) If a county board of ~~mental retardation and~~	13340
developmental disabilities elects to provide educational services	13341
during a school year to individuals six through twenty-one years	13342
of age who have multiple disabilities, the board may provide these	13343
services to individuals who are appropriately identified and	13344
determined eligible pursuant to Chapter 3323. of the Revised Code,	13345
and in accordance with applicable rules of the state board of	13346
education. The county board may also provide related services to	13347
individuals six through twenty-one years of age who have one or	13348
more disabling conditions, in accordance with section 3317.20 and	13349
Chapter 3323. of the Revised Code and applicable rules of the	13350
state board of education.	13351

Sec. 5126.041. (A) As used in this section:

13352

(1) "Biological risk" and "environmental risk" have the	13353
meanings established pursuant to section 5123.011 of the Revised	13354
Code.	13355

(2) "Preschool child with a disability" has the same	13356
meaning as in section 3323.01 of the Revised Code.	13357

(3) "State institution" means all or part of an institution	13358
under the control of the department of mental retardation and	13359
developmental disabilities pursuant to section 5123.03 of the	13360
Revised Code and maintained for the care, treatment, and training	13361
of the mentally retarded.	13362

(B) Except as provided in division (C) of this section, each	13363
county board of ~~mental retardation and~~ developmental disabilities	13364
shall make eligibility determinations in accordance with the	13365
definition of "developmental disability" in section 5126.01 of the	13366
Revised Code. Pursuant to rules the department of mental	13367
retardation and developmental disabilities shall adopt in	13368
accordance with Chapter 119. of the Revised Code, a county board	13369
may establish eligibility for programs and services for either of	13370
the following:	13371

(1) Individuals under age six who have a biological risk or	13372
environmental risk of a developmental delay;	13373

(2) Any preschool child with a disability eligible for	13374
services under section 3323.02 of the Revised Code whose	13375
disability is not attributable solely to mental illness as	13376
defined in section 5122.01 of the Revised Code.	13377

(C)(1) A county board shall make determinations of	13378
eligibility for service and support administration in accordance	13379
with rules adopted under section 5126.08 of the Revised Code.	13380

(2) All persons who were eligible for services and enrolled	13381
in programs offered by a county board of ~~mental retardation and~~	13382
developmental disabilities pursuant to this chapter on July 1,	13383
1991, shall continue to be eligible for those services and to be	13384
enrolled in those programs as long as they are in need of	13385
services.	13386

(3) A person who resided in a state institution on or before	13387
October 29, 1993, is eligible for programs and services offered by	13388
a county board of ~~mental retardation and~~ developmental	13389
disabilities, unless the person is determined by the county board	13390
not to be in need of those programs and services.	13391

(D) A county board shall refer a person who requests but is	13392
not eligible for programs and services offered by the board to	13393
other entities of state and local government or appropriate	13394
private entities that provide services.	13395

(E) Membership of a person on, or employment of a person by,	13396
a county board of ~~mental retardation and~~ developmental	13397
disabilities does not affect the eligibility of any member of that	13398
person's family for services provided by the board or by any	13399
entity under contract with the board.	13400

Sec. 5126.042. (A) As used in this section:

13401

(1) "Emergency" means any situation that creates for an	13402
individual with mental retardation or developmental disabilities	13403
a risk of substantial self-harm or substantial harm to others if	13404
action is not taken within thirty days. An "emergency" may include	13405
one or more of the following situations:	13406

(a) Loss of present residence for any reason, including legal	13407
action;	13408

(b) Loss of present caretaker for any reason, including	13409
serious illness of the caretaker, change in the caretaker's	13410
status, or inability of the caretaker to perform effectively for	13411
the individual;	13412

13413

(d) Health and safety conditions that pose a serious risk to	13414
the individual or others of immediate harm or death;	13415

(e) Change in the emotional or physical condition of the	13416
individual that necessitates substantial accommodation that cannot	13417
be reasonably provided by the individual's existing caretaker.	13418

(2) "Service substitution list" means a service substitution	13419
list established by a county board of ~~mental retardation and~~	13420
developmental disabilities before ~~the effective date of this~~	13421
~~amendment~~September 1, 2008, pursuant to division (B) of this	13422
section as this section existed on the day immediately before ~~the~~	13423
~~effective date of this amendment~~September 1, 2008.	13424

(B) If a county board of ~~mental retardation and~~ developmental	13425
disabilities determines that available resources are not	13426
sufficient to meet the needs of all individuals who request	13427
programs and services and may be offered the programs and	13428
services, it shall establish waiting lists for services. The board	13429
may establish priorities for making placements on its waiting	13430
lists according to an individual's emergency status and shall	13431
establish priorities in accordance with divisions (D) and (E) of	13432
this section.	13433

The individuals who may be placed on a waiting list include	13434
individuals with a need for services on an emergency basis and	13435
individuals who have requested services for which resources are	13436
not available.	13437

An individual placed on a county board's service substitution	13438
list before ~~the effective date of this amendment~~September 1,	13439
2008, for the purpose of obtaining home and community-based	13440
services shall be deemed to have been placed on the county	13441
board's waiting list for home and community-based services on the	13442
date the individual made a request to the county board that the	13443
individual receive home and community-based services instead of	13444
the services the individual received at the time the request for	13445
home and community-based services was made to the county board.	13446

(C) A county board shall establish a separate waiting list	13447
for each of the following categories of services, and may	13448
establish separate waiting lists within the waiting lists:	13449

(1) Early childhood services;

13450

(2) Educational programs for preschool and school age	13451
children;	13452

(3) Adult services;

13453

(4) Service and support administration;

13454

(5) Residential services and supported living;

13455

(6) Transportation services;

13456

(7) Other services determined necessary and appropriate for	13457
persons with mental retardation or a developmental disability	13458
according to their individual habilitation or service plans;	13459

(8) Family support services provided under section 5126.11 of	13460
the Revised Code.	13461

(D) Except as provided in division (G) of this section, a	13462
county board shall do, as priorities, all of the following in	13463
accordance with the assessment component, approved under section	13464
5123.046 of the Revised Code, of the county board's plan developed	13465
under section 5126.054 of the Revised Code:	13466

(1) For the purpose of obtaining additional federal medicaid	13467
funds for home and community-based services and medicaid case	13468
management services, do both of the following:	13469

(a) Give an individual who is eligible for home and	13470
community-based services and meets both of the following	13471
requirements priority over any other individual on a waiting list	13472
established under division (C) of this section for home and	13473
community-based services that include supported living,	13474
residential services, or family support services:	13475

(i) Is twenty-two years of age or older;

13476

(ii) Receives supported living or family support services.

13477

(b) Give an individual who is eligible for home and	13478
community-based services and meets both of the following	13479
requirements priority over any other individual on a waiting list	13480
established under division (C) of this section for home and	13481
community-based services that include adult services:	13482

(i) Resides in the individual's own home or the home of the	13483
individual's family and will continue to reside in that home after	13484
enrollment in home and community-based services;	13485

(ii) Receives adult services from the county board.

13486

(2) As federal medicaid funds become available pursuant to	13487
division (D)(1) of this section, give an individual who is	13488
eligible for home and community-based services and meets any of	13489
the following requirements priority for such services over any	13490
other individual on a waiting list established under division (C)	13491
of this section:	13492

(a) Does not receive residential services or supported	13493
living, either needs services in the individual's current living	13494
arrangement or will need services in a new living arrangement, and	13495
has a primary caregiver who is sixty years of age or older;	13496

(b) Is less than twenty-two years of age and has at least one	13497
of the following service needs that are unusual in scope or	13498
intensity:	13499

(i) Severe behavior problems for which a behavior support	13500
plan is needed;	13501

(ii) An emotional disorder for which anti-psychotic	13502
medication is needed;	13503

(iii) A medical condition that leaves the individual	13504
dependent on life-support medical technology;	13505

(iv) A condition affecting multiple body systems for which a	13506
combination of specialized medical, psychological, educational, or	13507
habilitation services are needed;	13508

(v) A condition the county board determines to be comparable	13509
in severity to any condition described in divisions (D)(2)(b)(i)	13510
to (iv) of this section and places the individual at significant	13511
risk of institutionalization.	13512

(c) Is twenty-two years of age or older, does not receive	13513
residential services or supported living, and is determined by the	13514
county board to have intensive needs for home and community-based	13515
services on an in-home or out-of-home basis.	13516

(E) Except as provided in division (G) of this section and	13517
for a number of years and beginning on a date specified in rules	13518
adopted under division (K) of this section, a county board shall	13519
give an individual who is eligible for home and community-based	13520
services, resides in a nursing facility, and chooses to move to	13521
another setting with the help of home and community-based	13522
services, priority over any other individual on a waiting list	13523
established under division (C) of this section for home and	13524
community-based services who does not meet these criteria.	13525

(F) If two or more individuals on a waiting list established	13526
under division (C) of this section for home and community-based	13527
services have priority for the services pursuant to division	13528
(D)(1) or (2) or (E) of this section, a county board may use	13529
criteria specified in rules adopted under division (K)(2) of this	13530
section in determining the order in which the individuals with	13531
priority will be offered the services. Otherwise, the county board	13532
shall offer the home and community-based services to such	13533
individuals in the order they are placed on the waiting list.	13534

(G) No individual may receive priority for services pursuant	13535
to division (D) or (E) of this section over an individual placed	13536
on a waiting list established under division (C) of this section	13537
on an emergency status.	13538

(H) Prior to establishing any waiting list under this	13539
section, a county board shall develop and implement a policy for	13540
waiting lists that complies with this section and rules adopted	13541
under division (K) of this section.	13542

Prior to placing an individual on a waiting list, the county	13543
board shall assess the service needs of the individual in	13544
accordance with all applicable state and federal laws. The county	13545
board shall place the individual on the appropriate waiting list	13546
and may place the individual on more than one waiting list. The	13547
county board shall notify the individual of the individual's	13548
placement and position on each waiting list on which the	13549
individual is placed.	13550

At least annually, the county board shall reassess the	13551
service needs of each individual on a waiting list. If it	13552
determines that an individual no longer needs a program or	13553
service, the county board shall remove the individual from the	13554
waiting list. If it determines that an individual needs a program	13555
or service other than the one for which the individual is on the	13556
waiting list, the county board shall provide the program or	13557
service to the individual or place the individual on a waiting	13558
list for the program or service in accordance with the board's	13559
policy for waiting lists.	13560

When a program or service for which there is a waiting list	13561
becomes available, the county board shall reassess the service	13562
needs of the individual next scheduled on the waiting list to	13563
receive that program or service. If the reassessment demonstrates	13564
that the individual continues to need the program or service, the	13565
board shall offer the program or service to the individual. If it	13566
determines that an individual no longer needs a program or	13567
service, the county board shall remove the individual from the	13568
waiting list. If it determines that an individual needs a program	13569
or service other than the one for which the individual is on the	13570
waiting list, the county board shall provide the program or	13571
service to the individual or place the individual on a waiting	13572
list for the program or service in accordance with the board's	13573
policy for waiting lists. The county board shall notify the	13574
individual of the individual's placement and position on the	13575
waiting list on which the individual is placed.	13576

(I) A child subject to a determination made pursuant to	13577
section 121.38 of the Revised Code who requires the home and	13578
community-based services provided through a medicaid component	13579
that the department of mental retardation and developmental	13580
disabilities administers under section 5111.871 of the Revised	13581
Code shall receive services through that medicaid component. For	13582
all other services, a child subject to a determination made	13583
pursuant to section 121.38 of the Revised Code shall be treated as	13584
an emergency by the county boards and shall not be subject to a	13585
waiting list.	13586

(J) Not later than the fifteenth day of March of each	13587
even-numbered year, each county board shall prepare and submit to	13588
the director of mental retardation and developmental disabilities	13589
its recommendations for the funding of services for individuals	13590
with mental retardation and developmental disabilities and its	13591
proposals for reducing the waiting lists for services.	13592

(K)(1) The department of mental retardation and developmental	13593
disabilities shall adopt rules in accordance with Chapter 119. of	13594
the Revised Code governing waiting lists established under this	13595
section. The rules shall include procedures to be followed to	13596
ensure that the due process rights of individuals placed on	13597
waiting lists are not violated.	13598

(2) As part of the rules adopted under this division, the	13599
department shall adopt rules establishing criteria a county board	13600
may use under division (F) of this section in determining the	13601
order in which individuals with priority for home and	13602
community-based services will be offered the services. The rules	13603
shall also specify conditions under which a county board, when	13604
there is no individual with priority for home and community-based	13605
services pursuant to division (D)(1) or (2) or (E) of this section	13606
available and appropriate for the services, may offer the services	13607
to an individual on a waiting list for the services but not given	13608
such priority for the services.	13609

(3) As part of the rules adopted under this division, the	13610
department shall adopt rules specifying both of the following for	13611
the priority category established under division (E) of this	13612
section:	13613

(a) The number of years, which shall not exceed five, that	13614
the priority category will be in effect;	13615

(b) The date that the priority category is to go into effect.

13616

(L) The following shall take precedence over the applicable	13617
provisions of this section:	13618

(1) Medicaid rules and regulations;

13619

(2) Any specific requirements that may be contained within a	13620
medicaid state plan amendment or waiver program that a county	13621
board has authority to administer or with respect to which it has	13622
authority to provide services, programs, or supports.	13623

Sec. 5126.044. (A) As used in this section, "eligible	13624
person" has the same meaning as in section 5126.03 of the Revised	13625
Code.	13626

(B) Except as provided in division (D) of this section, no	13627
person shall disclose the identity of an individual who requests	13628
programs or services under this chapter or release a record or	13629
report regarding an eligible person that is maintained by a county	13630
board of ~~mental retardation and~~ developmental disabilities or an	13631
entity under contract with a county board unless one of the	13632
following circumstances exists:	13633

(1) The individual, eligible person, or the individual's	13634
guardian, or, if the individual is a minor, the individual's	13635
parent or guardian, makes a written request to the county board or	13636
entity for or approves in writing disclosure of the individual's	13637
identity or release of the record or report regarding the eligible	13638
person.	13639

(2) Disclosure of the identity of an individual is needed for	13640
approval of a direct services contract under section 5126.032 or	13641
5126.033 of the Revised Code. The county board shall release only	13642
the individual's name and the general nature of the services to be	13643
provided.	13644

(3) Disclosure of the identity of the individual is needed to	13645
ascertain that the county board's waiting lists for programs or	13646
services are being maintained in accordance with section 5126.042	13647
of the Revised Code and the rules adopted under that section. The	13648
county board shall release only the individual's name, the general	13649
nature of the programs or services to be provided the individual,	13650
the individual's rank on each waiting list that includes the	13651
individual, and any circumstances under which the individual was	13652
given priority when placed on a waiting list.	13653

(C) A board or entity that discloses an individual's identity	13654
or releases a record or report regarding an eligible person shall	13655
maintain a record of when and to whom the disclosure or release	13656
was made.	13657

(D)(1) At the request of an eligible person or the person's	13658
guardian or, if the eligible person is a minor, the person's	13659
parent or guardian, a county board or entity under contract with a	13660
county board shall provide the person who made the request access	13661
to records and reports regarding the eligible person. On written	13662
request, the county board or entity shall provide copies of the	13663
records and reports to the eligible person, guardian, or parent.	13664
The county board or entity may charge a reasonable fee to cover	13665
the costs of copying. The county board or entity may waive the fee	13666
in cases of hardship.	13667

(2) A county board shall provide access to any waiting list	13668
or record or report regarding an eligible person maintained by the	13669
board to any state agency responsible for monitoring and reviewing	13670
programs and services provided or arranged by the county board,	13671
any state agency involved in the coordination of services for an	13672
eligible person, and any agency under contract with the department	13673
of mental retardation and developmental disabilities for the	13674
provision of protective service pursuant to section 5123.56 of the	13675
Revised Code.	13676

(3) When an eligible person who requests programs or services	13677
under this chapter dies, the county board or entity under contract	13678
with the county board, shall, on written request, provide to both	13679
of the following persons any reports and records in the board or	13680
entity's possession concerning the eligible person:	13681

(a) If the report or records are necessary to administer the	13682
estate of the person who is the subject of the reports or records,	13683
to the executor or administrator of the person's estate;	13684

(b) To the guardian of the person who is the subject of the	13685
reports or records or, if the individual had no guardian at the	13686
time of death, to a person in the first applicable of the	13687
following categories:	13688

(i) The person's spouse;

13689

(ii) The person's children;

13690

(iii) The person's parents;

13691

(iv) The person's brothers or sisters;

13692

(v) The person's uncles or aunts;

13693

(vi) The person's closest relative by blood or adoption;

13694

(vii) The person's closest relative by marriage.

13695

The county board or entity shall provide the reports and	13696
records as required by division (D)(3) of this section not later	13697
than thirty days after receipt of the request.	13698

(E) A county board shall notify an eligible person, the	13699
person's guardian, or, if the eligible person is a minor, the	13700
person's parent or guardian, prior to destroying any record or	13701
report regarding the eligible person.	13702

Sec. 5126.045. (A) As used in this section, "eligible	13703
person" means a person eligible to receive services from a county	13704
board of ~~mental retardation and~~ developmental disabilities or from	13705
an entity under contract with a county board.	13706

(B) A county board shall establish fees for services rendered	13707
to eligible persons if such fees are required by federal	13708
regulation and by rule adopted by the director of mental	13709
retardation and developmental disabilities.	13710

A county board may provide services to a person who does not	13711
meet the standards for eligibility. The board may establish fees	13712
for these services, which may be paid for by the person, by	13713
another person on the person's behalf of the ineligible person, or	13714
by another governmental entity.	13715

Sec. 5126.046. (A) Each county board of ~~mental retardation~~	13716
~~and~~ developmental disabilities that has medicaid local	13717
administrative authority under division (A) of section 5126.055 of	13718
the Revised Code for habilitation, vocational, or community	13719
employment services provided as part of home and community-based	13720
services shall create a list of all persons and government	13721
entities eligible to provide such habilitation, vocational, or	13722
community employment services. If the county board chooses and is	13723
eligible to provide such habilitation, vocational, or community	13724
employment services, the county board shall include itself on the	13725
list. The county board shall make the list available to each	13726
individual with mental retardation or other developmental	13727
disability who resides in the county and is eligible for such	13728
habilitation, vocational, or community employment services. The	13729
county board shall also make the list available to such	13730
individuals' families.	13731

An individual with mental retardation or other developmental	13732
disability who is eligible for habilitation, vocational, or	13733
community employment services may choose the provider of the	13734
services.	13735

(B) Each month, the department of mental retardation and	13736
developmental disabilities shall create a list of all persons and	13737
government entities eligible to provide residential services and	13738
supported living. The department shall include on the list all	13739
residential facilities licensed under section 5123.19 of the	13740
Revised Code and all supported living providers certified under	13741
section 5123.161 of the Revised Code. The department shall	13742
distribute the monthly lists to county boards that have local	13743
administrative authority under division (A) of section 5126.055	13744
of the Revised Code for residential services and supported living	13745
provided as part of home and community-based services. A county	13746
board that receives a list shall make it available to each	13747
individual with mental retardation or other developmental	13748
disability who resides in the county and is eligible for such	13749
residential services or supported living. The county board shall	13750
also make the list available to the families of those	13751
individuals.	13752

An individual who is eligible for residential services or	13753
supported living may choose the provider of the residential	13754
services or supported living.	13755

(C) If a county board that has medicaid local administrative	13756
authority under division (A) of section 5126.055 of the Revised	13757
Code for home and community-based services violates the right	13758
established by this section of an individual to choose a provider	13759
that is qualified and willing to provide services to the	13760
individual, the individual shall receive timely notice that the	13761
individual may request a hearing under section 5101.35 of the	13762
Revised Code.	13763

(D) The departments of mental retardation and developmental	13764
disabilities and job and family services shall adopt rules in	13765
accordance with Chapter 119. of the Revised Code governing the	13766
implementation of this section. The rules shall include procedures	13767
for individuals to choose their service providers. The rules shall	13768
not be limited by a provider selection system established under	13769
section 5126.42 of the Revised Code, including any pool of	13770
providers created pursuant to a provider selection system.	13771

Sec. 5126.05. (A) Subject to the rules established by the	13772
director of mental retardation and developmental disabilities	13773
pursuant to Chapter 119. of the Revised Code for programs and	13774
services offered pursuant to this chapter, and subject to the	13775
rules established by the state board of education pursuant to	13776
Chapter 119. of the Revised Code for programs and services offered	13777
pursuant to Chapter 3323. of the Revised Code, the county board of	13778
~~mental retardation and~~ developmental disabilities shall:	13779

(1) Administer and operate facilities, programs, and services	13780
as provided by this chapter and Chapter 3323. of the Revised Code	13781
and establish policies for their administration and operation;	13782

(2) Coordinate, monitor, and evaluate existing services and	13783
facilities available to individuals with mental retardation and	13784
developmental disabilities;	13785

(3) Provide early childhood services, supportive home	13786
services, and adult services, according to the plan and priorities	13787
developed under section 5126.04 of the Revised Code;	13788

(4) Provide or contract for special education services	13789
pursuant to Chapters 3317. and 3323. of the Revised Code and	13790
ensure that related services, as defined in section 3323.01 of the	13791
Revised Code, are available according to the plan and priorities	13792
developed under section 5126.04 of the Revised Code;	13793

(5) Adopt a budget, authorize expenditures for the purposes	13794
specified in this chapter and do so in accordance with section	13795
319.16 of the Revised Code, approve attendance of board members	13796
and employees at professional meetings and approve expenditures	13797
for attendance, and exercise such powers and duties as are	13798
prescribed by the director;	13799

(6) Submit annual reports of its work and expenditures,	13800
pursuant to sections 3323.09 and 5126.12 of the Revised Code, to	13801
the director, the superintendent of public instruction, and the	13802
board of county commissioners at the close of the fiscal year and	13803
at such other times as may reasonably be requested;	13804

(7) Authorize all positions of employment, establish	13805
compensation, including but not limited to salary schedules and	13806
fringe benefits for all board employees, approve contracts of	13807
employment for management employees that are for a term of more	13808
than one year, employ legal counsel under section 309.10 of the	13809
Revised Code, and contract for employee benefits;	13810

(8) Provide service and support administration in accordance	13811
with section 5126.15 of the Revised Code;	13812

(9) Certify respite care homes pursuant to rules adopted	13813
under section 5123.171 of the Revised Code by the director of	13814
mental retardation and developmental disabilities.	13815

(B) To the extent that rules adopted under this section apply	13816
to the identification and placement of children with disabilities	13817
under Chapter 3323. of the Revised Code, they shall be consistent	13818
with the standards and procedures established under sections	13819
3323.03 to 3323.05 of the Revised Code.	13820

(C) Any county board may enter into contracts with other such	13821
boards and with public or private, nonprofit, or profit-making	13822
agencies or organizations of the same or another county, to	13823
provide the facilities, programs, and services authorized or	13824
required, upon such terms as may be agreeable, and in accordance	13825
with this chapter and Chapter 3323. of the Revised Code and rules	13826
adopted thereunder and in accordance with sections 307.86 and	13827
5126.071 of the Revised Code.	13828

(D) A county board may combine transportation for children	13829
and adults enrolled in programs and services offered under section	13830
5126.12 with transportation for children enrolled in classes	13831
funded under section 3317.20 or units approved under section	13832
3317.05 of the Revised Code.	13833

(E) A county board may purchase all necessary insurance	13834
policies, may purchase equipment and supplies through the	13835
department of administrative services or from other sources, and	13836
may enter into agreements with public agencies or nonprofit	13837
organizations for cooperative purchasing arrangements.	13838

(F) A county board may receive by gift, grant, devise, or	13839
bequest any moneys, lands, or property for the benefit of the	13840
purposes for which the board is established and hold, apply, and	13841
dispose of the moneys, lands, and property according to the terms	13842
of the gift, grant, devise, or bequest. All money received by	13843
gift, grant, bequest, or disposition of lands or property received	13844
by gift, grant, devise, or bequest shall be deposited in the	13845
county treasury to the credit of such board and shall be available	13846
for use by the board for purposes determined or stated by the	13847
donor or grantor, but may not be used for personal expenses of the	13848
board members. Any interest or earnings accruing from such gift,	13849
grant, devise, or bequest shall be treated in the same manner and	13850
subject to the same provisions as such gift, grant, devise, or	13851
bequest.	13852

(G) The board of county commissioners shall levy taxes and	13853
make appropriations sufficient to enable the county board of	13854
~~mental retardation and~~ developmental disabilities to perform its	13855
functions and duties, and may utilize any available local, state,	13856
and federal funds for such purpose.	13857

Sec. 5126.051. (A) To the extent that resources are	13858
available, a county board of ~~mental retardation and~~ developmental	13859
disabilities shall provide for or arrange residential services and	13860
supported living for individuals with mental retardation and	13861
developmental disabilities.	13862

A county board may acquire, convey, lease, or sell property	13863
for residential services and supported living and enter into loan	13864
agreements, including mortgages, for the acquisition of such	13865
property. A county board is not required to comply with provisions	13866
of Chapter 307. of the Revised Code providing for competitive	13867
bidding or sheriff sales in the acquisition, lease, conveyance, or	13868
sale of property under this division, but the acquisition, lease,	13869
conveyance, or sale must be at fair market value determined by	13870
appraisal of one or more disinterested persons appointed by the	13871
board.	13872

Any action taken by a county board under this division that	13873
will incur debt on the part of the county shall be taken in	13874
accordance with Chapter 133. of the Revised Code. A county board	13875
shall not incur any debt on the part of the county without the	13876
prior approval of the board of county commissioners.	13877

(B)(1) To the extent that resources are available, in	13878
addition to sheltered employment and work activities provided as	13879
adult services pursuant to division (A)(3) of section 5126.05 of	13880
the Revised Code, a county board of ~~mental retardation and~~	13881
developmental disabilities may provide or arrange for job	13882
training, vocational evaluation, and community employment services	13883
to mentally retarded and developmentally disabled individuals who	13884
are age eighteen and older and not enrolled in a program or	13885
service under Chapter 3323. of the Revised Code or age sixteen or	13886
seventeen and eligible for adult services under rules adopted by	13887
the director of mental retardation and developmental disabilities	13888
under Chapter 119. of the Revised Code. These services shall be	13889
provided in accordance with the individual's individual service or	13890
habilitation plan and shall include support services specified in	13891
the plan.	13892

(2) A county board may, in cooperation with the Ohio	13893
rehabilitation services commission, seek federal funds for job	13894
training and community employment.	13895

(3) A county board may contract with any agency, board, or	13896
other entity that is accredited by the commission on accreditation	13897
of rehabilitation facilities to provide services. A county board	13898
that is accredited by the commission on accreditation of	13899
rehabilitation facilities may provide services for which it is	13900
certified by the commission.	13901

(C) To the extent that resources are available, a county	13902
board may provide services to an individual with mental	13903
retardation or other developmental disability in addition to those	13904
provided pursuant to this section, section 5126.05 of the Revised	13905
Code, or any other section of this chapter. The services shall be	13906
provided in accordance with the individual's habilitation or	13907
service plan and may be provided in collaboration with other	13908
entities of state or local government.	13909

Sec. 5126.052. (A) The superintendent of a county board of	13910
~~mental retardation and~~ developmental disabilities providing	13911
transportation for pupils to special education programs under this	13912
chapter may establish a volunteer bus rider assistance program	13913
under which qualified persons may be authorized to ride with	13914
pupils to and from such programs. Volunteers shall not be	13915
compensated for their services and are not employees for purposes	13916
of Chapter 4117. or 4123. of the Revised Code. Nothing in this	13917
section authorizes a superintendent or board to adversely affect	13918
the employment of any employee of the board.	13919

Volunteers may be assigned duties or responsibilities by the	13920
superintendent, including but not limited to, assisting pupils in	13921
embarking and disembarking from buses and in crossing streets	13922
where necessary to ensure the safety of the pupil, assisting the	13923
bus driver, and such other activities as the superintendent	13924
determines will aid in the safe and efficient transportation of	13925
pupils.	13926

(B) The superintendent shall ensure that each pupil receiving	13927
transportation under this chapter is instructed in school bus	13928
safety, proper bus rider behavior, and the potential problems and	13929
hazards associated with school bus ridership. Such instruction	13930
shall occur within two weeks after the pupil first receives	13931
transportation under this chapter.	13932

Sec. 5126.054. (A) Each county board of ~~mental retardation~~	13933
~~and~~ developmental disabilities shall, by resolution, develop a	13934
three-calendar year plan that includes the following three	13935
components:	13936

(1) An assessment component that includes all of the	13937
following:	13938

(a) The number of individuals with mental retardation or	13939
other developmental disability residing in the county who need the	13940
level of care provided by an intermediate care facility for the	13941
mentally retarded, may seek home and community-based services, are	13942
given priority for the services pursuant to division (D) of	13943
section 5126.042 of the Revised Code; the service needs of those	13944
individuals; and the projected annualized cost for services;	13945

(b) The source of funds available to the county board to pay	13946
the nonfederal share of medicaid expenditures that the county	13947
board is required by sections 5126.059 and 5126.0510 of the	13948
Revised Code to pay;	13949

(c) Any other applicable information or conditions that the	13950
department of mental retardation and developmental disabilities	13951
requires as a condition of approving the component under section	13952
5123.046 of the Revised Code.	13953

(2) (A preliminary implementation component that specifies	13954
the number of individuals to be provided, during the first year	13955
that the plan is in effect, home and community-based services	13956
pursuant to the priority given to them under divisions (D)(1) and	13957
(2) of section 5126.042 of the Revised Code and the types of home	13958
and community-based services the individuals are to receive;	13959

(3) A component that provides for the implementation of	13960
medicaid case management services and home and community-based	13961
services for individuals who begin to receive the services on or	13962
after the date the plan is approved under section 5123.046 of the	13963
Revised Code. A county board shall include all of the following in	13964
the component:	13965

(a) If the department of mental retardation and developmental	13966
disabilities or department of job and family services requires, an	13967
agreement to pay the nonfederal share of medicaid expenditures	13968
that the county board is required by sections 5126.059 and	13969
5126.0510 of the Revised Code to pay;	13970

(b) How the services are to be phased in over the period the	13971
plan covers, including how the county board will serve individuals	13972
on a waiting list established under division (C) of section	13973
5126.042 who are given priority status under division (D)(1) of	13974
that section;	13975

(c) Any agreement or commitment regarding the county board's	13976
funding of home and community-based services that the county board	13977
has with the department at the time the county board develops the	13978
component;	13979

(d) Assurances adequate to the department that the county	13980
board will comply with all of the following requirements:	13981

(i) To provide the types of home and community-based services	13982
specified in the preliminary implementation component required by	13983
division (A)(2) of this section to at least the number of	13984
individuals specified in that component;	13985

(ii) To use any additional funds the county board receives	13986
for the services to improve the county board's resource	13987
capabilities for supporting such services available in the county	13988
at the time the component is developed and to expand the services	13989
to accommodate the unmet need for those services in the county;	13990

(iii) To employ a business manager who is either a new	13991
employee who has earned at least a bachelor's degree in business	13992
administration or a current employee who has the equivalent	13993
experience of a bachelor's degree in business administration. If	13994
the county board will employ a new employee, the county board	13995
shall include in the component a timeline for employing the	13996
employee.	13997

(iv) To employ or contract with a medicaid services manager	13998
who is either a new employee who has earned at least a bachelor's	13999
degree or a current employee who has the equivalent experience of	14000
a bachelor's degree. If the county board will employ a new	14001
employee, the county board shall include in the component a	14002
timeline for employing the employee. Two or three county boards	14003
that have a combined total enrollment in county board services not	14004
exceeding one thousand individuals as determined pursuant to	14005
certifications made under division (B) of section 5126.12 of the	14006
Revised Code may satisfy this requirement by sharing the services	14007
of a medicaid services manager or using the services of a medicaid	14008
services manager employed by or under contract with a regional	14009
council that the county boards establish under section 5126.13 of	14010
the Revised Code.	14011

(e) Programmatic and financial accountability measures and	14012
projected outcomes expected from the implementation of the plan;	14013

(f) Any other applicable information or conditions that the	14014
department requires as a condition of approving the component	14015
under section 5123.046 of the Revised Code.	14016

(B) A county board whose plan developed under division (A) of	14017
this section is approved by the department under section 5123.046	14018
of the Revised Code shall update and renew the plan in accordance	14019
with a schedule the department shall develop.	14020

Sec. 5126.055. (A) Except as provided in section 5126.056	14021
of the Revised Code, a county board of ~~mental retardation and~~	14022
developmental disabilities has medicaid local administrative	14023
authority to, and shall, do all of the following for an individual	14024
with mental retardation or other developmental disability who	14025
resides in the county that the county board serves and seeks or	14026
receives home and community-based services:	14027

(1) Perform assessments and evaluations of the individual. As	14028
part of the assessment and evaluation process, the county board	14029
shall do all of the following:	14030

(a) Make a recommendation to the department of mental	14031
retardation and developmental disabilities on whether the	14032
department should approve or deny the individual's application for	14033
the services, including on the basis of whether the individual	14034
needs the level of care an intermediate care facility for the	14035
mentally retarded provides;	14036

(b) If the individual's application is denied because of the	14037
county board's recommendation and the individual requests a	14038
hearing under section 5101.35 of the Revised Code, present, with	14039
the department of mental retardation and developmental	14040
disabilities or department of job and family services, whichever	14041
denies the application, the reasons for the recommendation and	14042
denial at the hearing;	14043

(c) If the individual's application is approved, recommend to	14044
the departments of mental retardation and developmental	14045
disabilities and job and family services the services that should	14046
be included in the individual's individualized service plan and,	14047
if either department approves, reduces, denies, or terminates a	14048
service included in the individual's individualized service plan	14049
under section 5111.871 of the Revised Code because of the county	14050
board's recommendation, present, with the department that made the	14051
approval, reduction, denial, or termination, the reasons for the	14052
recommendation and approval, reduction, denial, or termination at	14053
a hearing under section 5101.35 of the Revised Code.	14054

(2) In accordance with the rules adopted under section	14055
5126.046 of the Revised Code, perform the county board's duties	14056
under that section regarding assisting the individual's right to	14057
choose a qualified and willing provider of the services and, at a	14058
hearing under section 5101.35 of the Revised Code, present	14059
evidence of the process for appropriate assistance in choosing	14060
providers;	14061

(3) If the county board is certified under section 5123.161	14062
of the Revised Code to provide the services and agrees to	14063
provide the services to the individual and the individual	14064
chooses the county board to provide the services, furnish, in	14065
accordance with the county board's medicaid provider agreement	14066
and for the authorized reimbursement rate, the services the	14067
individual requires;	14068

(4) Monitor the services provided to the individual and	14069
ensure the individual's health, safety, and welfare. The	14070
monitoring shall include quality assurance activities. If the	14071
county board provides the services, the department of mental	14072
retardation and developmental disabilities shall also monitor the	14073
services.	14074

(5) Develop, with the individual and the provider of the	14075
individual's services, an effective individualized service plan	14076
that includes coordination of services, recommend that the	14077
departments of mental retardation and developmental disabilities	14078
and job and family services approve the plan, and implement the	14079
plan unless either department disapproves it;	14080

(6) Have an investigative agent conduct investigations under	14081
section 5126.313 of the Revised Code that concern the individual;	14082

(7) Have a service and support administrator perform the	14083
duties under division (B)(9) of section 5126.15 of the Revised	14084
Code that concern the individual.	14085

(B) A county board shall perform its medicaid local	14086
administrative authority under this section in accordance with all	14087
of the following:	14088

(1) The county board's plan that the department of mental	14089
retardation and developmental disabilities approves under section	14090
5123.046 of the Revised Code;	14091

(2) All applicable federal and state laws;

14092

(3) All applicable policies of the departments of mental	14093
retardation and developmental disabilities and job and family	14094
services and the United States department of health and human	14095
services;	14096

(4) The department of job and family services' supervision	14097
under its authority under section 5111.01 of the Revised Code to	14098
act as the single state medicaid agency;	14099

(5) The department of mental retardation and developmental	14100
disabilities' oversight.	14101

(C) The departments of mental retardation and developmental	14102
disabilities and job and family services shall communicate with	14103
and provide training to county boards regarding medicaid local	14104
administrative authority granted by this section. The	14105
communication and training shall include issues regarding audit	14106
protocols and other standards established by the United States	14107
department of health and human services that the departments	14108
determine appropriate for communication and training. County	14109
boards shall participate in the training. The departments shall	14110
assess the county board's compliance against uniform standards	14111
that the departments shall establish.	14112

(D) A county board may not delegate its medicaid local	14113
administrative authority granted under this section but may	14114
contract with a person or government entity, including a council	14115
of governments, for assistance with its medicaid local	14116
administrative authority. A county board that enters into such a	14117
contract shall notify the director of mental retardation and	14118
developmental disabilities. The notice shall include the tasks and	14119
responsibilities that the contract gives to the person or	14120
government entity. The person or government entity shall comply in	14121
full with all requirements to which the county board is subject	14122
regarding the person or government entity's tasks and	14123
responsibilities under the contract. The county board remains	14124
ultimately responsible for the tasks and responsibilities.	14125

(E) A county board that has medicaid local administrative	14126
authority under this section shall, through the departments of	14127
mental retardation and developmental disabilities and job and	14128
family services, reply to, and cooperate in arranging compliance	14129
with, a program or fiscal audit or program violation exception	14130
that a state or federal audit or review discovers. The department	14131
of job and family services shall timely notify the department of	14132
mental retardation and developmental disabilities and the county	14133
board of any adverse findings. After receiving the notice, the	14134
county board, in conjunction with the department of mental	14135
retardation and developmental disabilities, shall cooperate fully	14136
with the department of job and family services and timely prepare	14137
and send to the department a written plan of correction or	14138
response to the adverse findings. The county board is liable for	14139
any adverse findings that result from an action it takes or fails	14140
to take in its implementation of medicaid local administrative	14141
authority.	14142

(F) If the department of mental retardation and developmental	14143
disabilities or department of job and family services determines	14144
that a county board's implementation of its medicaid local	14145
administrative authority under this section is deficient, the	14146
department that makes the determination shall require that county	14147
board do the following:	14148

(1) If the deficiency affects the health, safety, or welfare	14149
of an individual with mental retardation or other developmental	14150
disability, correct the deficiency within twenty-four hours;	14151

(2) If the deficiency does not affect the health, safety, or	14152
welfare of an individual with mental retardation or other	14153
developmental disability, receive technical assistance from the	14154
department or submit a plan of correction to the department that	14155
is acceptable to the department within sixty days and correct the	14156
deficiency within the time required by the plan of correction.	14157

Sec. 5126.056. (A) The department of mental retardation and	14158
developmental disabilities shall take action under division (B) of	14159
this section against a county board of ~~mental retardation and~~	14160
developmental disabilities if any of the following are the case:	14161

(1) The county board fails to submit to the department all	14162
the components of its three-year plan required by section 5126.054	14163
of the Revised Code.	14164

(2) The department disapproves the county board's three-year	14165
plan under section 5123.046 of the Revised Code.	14166

(3) The county board fails, as required by division (B) of	14167
section 5126.054 of the Revised Code, to update and renew its	14168
three-year plan in accordance with a schedule the department	14169
develops under that section.	14170

(4) The county board fails to implement its initial or	14171
renewed three-year plan approved by the department.	14172

(5) The county board fails to correct a deficiency within the	14173
time required by division (F) of section 5126.055 of the Revised	14174
Code to the satisfaction of the department.	14175

(6) The county board fails to submit an acceptable plan of	14176
correction to the department within the time required by division	14177
(F)(2) of section 5126.055 of the Revised Code.	14178

(B) If required by division (A) of this section to take	14179
action against a county board, the department shall issue an order	14180
terminating the county board's medicaid local administrative	14181
authority over all or part of home and community-based services,	14182
medicaid case management services, or all or part of both of those	14183
services. The department shall provide a copy of the order to the	14184
board of county commissioners, senior probate judge, county	14185
auditor, and president and superintendent of the county board. The	14186
department shall specify in the order the medicaid local	14187
administrative authority that the department is terminating, the	14188
reason for the termination, and the county board's option and	14189
responsibilities under this division.	14190

A county board whose medicaid local administrative authority	14191
is terminated may, not later than thirty days after the department	14192
issues the termination order, recommend to the department that	14193
another county board that has not had any of its medicaid local	14194
administrative authority terminated or another entity the	14195
department approves administer the services for which the county	14196
board's medicaid local administrative authority is terminated. The	14197
department may contract with the other county board or entity to	14198
administer the services. If the department enters into such a	14199
contract, the county board shall adopt a resolution giving the	14200
other county board or entity full medicaid local administrative	14201
authority over the services that the other county board or entity	14202
is to administer. The other county board or entity shall be known	14203
as the contracting authority.	14204

If the department rejects the county board's recommendation	14205
regarding a contracting authority, the county board may appeal the	14206
rejection under section 5123.043 of the Revised Code.	14207

If the county board does not submit a recommendation to the	14208
department regarding a contracting authority within the required	14209
time or the department rejects the county board's recommendation	14210
and the rejection is upheld pursuant to an appeal, if any, under	14211
section 5123.043 of the Revised Code, the department shall appoint	14212
an administrative receiver to administer the services for which	14213
the county board's medicaid local administrative authority is	14214
terminated. To the extent necessary for the department to appoint	14215
an administrative receiver, the department may utilize employees	14216
of the department, management personnel from another county board,	14217
or other individuals who are not employed by or affiliated with in	14218
any manner a person that provides home and community-based	14219
services or medicaid case management services pursuant to a	14220
contract with any county board. The administrative receiver shall	14221
assume full administrative responsibility for the county board's	14222
services for which the county board's medicaid local	14223
administrative authority is terminated.	14224

The contracting authority or administrative receiver shall	14225
develop and submit to the department a plan of correction to	14226
remediate the problems that caused the department to issue the	14227
termination order. If, after reviewing the plan, the department	14228
approves it, the contracting authority or administrative receiver	14229
shall implement the plan.	14230

The county board shall transfer control of state and federal	14231
funds it is otherwise eligible to receive for the services for	14232
which the county board's medicaid local administrative authority	14233
is terminated and funds the county board may use under division	14234
(A) of section 5126.0511 of the Revised Code to pay the	14235
nonfederal share of the services that the county board is	14236
required by sections 5126.059 and 5126.0510 of the Revised Code	14237
to pay. The county board shall transfer control of the funds to	14238
the contracting authority or administrative receiver administering	14239
the services. The amount the county board shall transfer shall be	14240
the amount necessary for the contracting authority or	14241
administrative receiver to fulfill its duties in administering	14242
the services, including its duties to pay its personnel for time	14243
worked, travel, and related matters. If the county board fails to	14244
make the transfer, the department may withhold the state and	14245
federal funds from the county board and bring a mandamus action	14246
against the county board in the court of common pleas of the	14247
county served by the county board or in the Franklin county court	14248
of common pleas. The mandamus action may not require that the	14249
county board transfer any funds other than the funds the county	14250
board is required by division (B) of this section to transfer.	14251

The contracting authority or administrative receiver has the	14252
right to authorize the payment of bills in the same manner that	14253
the county board may authorize payment of bills under this chapter	14254
and section 319.16 of the Revised Code.	14255

Sec. 5126.058. (A) Each county board of ~~mental retardation~~	14256
~~and~~ developmental disabilities shall prepare a memorandum of	14257
understanding that is developed by all of the following and that	14258
is signed by the persons identified in divisions (A)(2) to (7) of	14259
this section:	14260

(1) The senior probate judge of the county or the senior	14261
probate judge's representative;	14262

(2) The county peace officer;

14263

(3) All chief municipal peace officers within the county;

14264

(4) Other law enforcement officers handling abuse, neglect,	14265
and exploitation of mentally retarded and developmentally disabled	14266
persons in the county;	14267

(5) The prosecuting attorney of the county;

14268

(6) The public children services agency;

14269

(7) The coroner of the county.

14270

(B) A memorandum of understanding shall set forth the normal	14271
operating procedure to be employed by all concerned officials in	14272
the execution of their respective responsibilities under this	14273
section and sections 313.12, 2151.421, 2903.16, 5126.31, and	14274
5126.33 of the Revised Code and shall have as its primary goal the	14275
elimination of all unnecessary interviews of persons who are the	14276
subject of reports made pursuant to this section. A failure to	14277
follow the procedure set forth in the memorandum by the concerned	14278
officials is not grounds for, and shall not result in, the	14279
dismissal of any charge or complaint arising from any reported	14280
case of abuse, neglect, or exploitation or the suppression of any	14281
evidence obtained as a result of any reported abuse, neglect, or	14282
exploitation and does not give any rights or grounds for appeal or	14283
post-conviction relief to any person.	14284

(C) A memorandum of understanding shall include, but is not	14285
limited to, all of the following:	14286

(1) The roles and responsibilities for handling emergency and	14287
nonemergency cases of abuse, neglect, or exploitation;	14288

(2) The roles and responsibilities for handling and	14289
coordinating investigations of reported cases of abuse, neglect,	14290
or exploitation and methods to be used in interviewing the person	14291
who is the subject of the report and who allegedly was abused,	14292
neglected, or exploited;	14293

(3) The roles and responsibilities for addressing the	14294
categories of persons who may interview the person who is the	14295
subject of the report and who allegedly was abused, neglected, or	14296
exploited;	14297

(4) The roles and responsibilities for providing victim	14298
services to mentally retarded and developmentally disabled persons	14299
pursuant to Chapter 2930. of the Revised Code;	14300

(5) The roles and responsibilities for the filing of criminal	14301
charges against persons alleged to have abused, neglected, or	14302
exploited mentally retarded or developmentally disabled persons.	14303

(D) A memorandum of understanding may be signed by victim	14304
advocates, municipal court judges, municipal prosecutors, and any	14305
other person whose participation furthers the goals of a	14306
memorandum of understanding, as set forth in this section.	14307

Sec. 5126.059. A county board of ~~mental retardation and~~	14308
developmental disabilities shall pay the nonfederal share of	14309
medicaid expenditures for medicaid case management services the	14310
county board provides to an individual with mental retardation or	14311
other developmental disability who the county board determines	14312
under section 5126.041 of the Revised Code is eligible for county	14313
board services.	14314

Sec. 5126.0510. (A) Except as otherwise provided in an	14315
agreement entered into under section 5123.048 of the Revised Code	14316
and subject to divisions (B), (C), and (D) of this section, a	14317
county board of ~~mental retardation and~~ developmental disabilities	14318
shall pay the nonfederal share of medicaid expenditures for the	14319
following home and community-based services provided to an	14320
individual with mental retardation or other developmental	14321
disability who the county board determines under section 5126.041	14322
of the Revised Code is eligible for county board services:	14323

(1) Home and community-based services provided by the county	14324
board to such an individual;	14325

(2) Home and community-based services provided by a provider	14326
other than the county board to such an individual who is enrolled	14327
as of June 30, 2007, in the medicaid waiver component under which	14328
the services are provided;	14329

(3) Home and community-based services provided by a provider	14330
other than the county board to such an individual who, pursuant to	14331
a request the county board makes, enrolls in the medicaid waiver	14332
component under which the services are provided after June 30,	14333
2007;	14334

(4) Home and community-based services provided by a provider	14335
other than the county board to such an individual for whom there	14336
is in effect an agreement entered into under division (E) of this	14337
section between the county board and director of mental	14338
retardation and developmental disabilities.	14339

(B) In the case of medicaid expenditures for home and	14340
community-based services for which division (A)(2) of this section	14341
requires a county board to pay the nonfederal share, the following	14342
shall apply to such services provided during fiscal year 2008	14343
under the individual options medicaid waiver component:	14344

(1) The county board shall pay no less than the total amount	14345
the county board paid as the nonfederal share for home and	14346
community-based services provided in fiscal year 2007 under the	14347
individual options medicaid waiver component;	14348

(2) The county board shall pay no more than the sum of the	14349
following:	14350

(a) The total amount the county board paid as the nonfederal	14351
share for home and community-based services provided in fiscal	14352
year 2007 under the individual options medicaid waiver component;	14353

(b) An amount equal to one per cent of the total amount the	14354
department of mental retardation and developmental disabilities	14355
and county board paid as the nonfederal share for home and	14356
community-based services provided in fiscal year 2007 under the	14357
individual options medicaid waiver component to individuals the	14358
county board determined under section 5126.041 of the Revised Code	14359
are eligible for county board services.	14360

(C) A county board is not required to pay the nonfederal	14361
share of home and community-based services provided after June 30,	14362
2008, that the county board is otherwise required by division	14363
(A)(2) of this section to pay if the department of mental	14364
retardation and developmental disabilities fails to comply with	14365
division (A) of section 5123.0416 of the Revised Code.	14366

(D) A county board is not required to pay the nonfederal	14367
share of home and community-based services that the county board	14368
is otherwise required by division (A)(3) of this section to pay if	14369
both of the following apply:	14370

(1) The services are provided to an individual who enrolls in	14371
the medicaid waiver component under which the services are	14372
provided as the result of an order issued following a state	14373
hearing, administrative appeal, or appeal to a court of common	14374
pleas made under section 5101.35 of the Revised Code;	14375

(2) There are more individuals who are eligible for services	14376
from the county board enrolled in the medicaid waiver component	14377
than is required by section 5126.0512 of the Revised Code.	14378

(E) A county board may enter into an agreement with the	14379
director of mental retardation and developmental disabilities	14380
under which the county board agrees to pay the nonfederal share of	14381
medicaid expenditures for one or more home and community-based	14382
services that the county board is not otherwise required by	14383
division (A)(1), (2), or (3) of this section to pay and that are	14384
provided to an individual the county board determines under	14385
section 5126.041 of the Revised Code is eligible for county board	14386
services. The agreement shall specify which home and	14387
community-based services the agreement covers. The county board	14388
shall pay the nonfederal share of medicaid expenditures for the	14389
home and community-based services that the agreement covers as	14390
long as the agreement is in effect.	14391

Sec. 5126.0511. (A) A county board of ~~mental retardation and~~	14392
developmental disabilities may use the following funds to pay the	14393
nonfederal share of the medicaid expenditures that the county	14394
board is required by sections 5126.059 and 5126.0510 of the	14395
Revised Code to pay:	14396

(1) To the extent consistent with the levy that generated the	14397
taxes, the following taxes:	14398

(a) Taxes levied pursuant to division (L) of section 5705.19	14399
of the Revised Code and section 5705.222 of the Revised Code;	14400

(b) Taxes levied under section 5705.191 of the Revised Code	14401
that the board of county commissioners allocates to the county	14402
board.	14403

(2) Funds that the department of mental retardation and	14404
developmental disabilities distributes to the county board under	14405
sections 5126.11 and 5126.18 of the Revised Code;	14406

(3) Earned federal revenue funds the county board receives	14407
for medicaid services the county board provides pursuant to the	14408
county board's valid medicaid provider agreement;	14409

(4) Funds that the department of mental retardation and	14410
developmental disabilities distributes to the county board as	14411
subsidy payments;	14412

(5) In the case of medicaid expenditures for home and	14413
community-based services, funds allocated to or otherwise made	14414
available for the county board under section 5123.0416 of the	14415
Revised Code to pay the nonfederal share of such medicaid	14416
expenditures.	14417

Each year, each county board shall adopt a resolution	14418
specifying the amount of funds it will use in the next year to pay	14419
the nonfederal share of the medicaid expenditures that the county	14420
board is required by sections 5126.059 and 5126.0510 of the	14421
Revised Code to pay. The amount specified shall be adequate to	14422
assure that the services for which the medicaid expenditures are	14423
made will be available in the county in a manner that conforms to	14424
all applicable state and federal laws. A county board shall state	14425
in its resolution that the payment of the nonfederal share	14426
represents an ongoing financial commitment of the county board. A	14427
county board shall adopt the resolution in time for the county	14428
auditor to make the determination required by division (C) of	14429
this section.	14430

(C) Each year, a county auditor shall determine whether the	14431
amount of funds a county board specifies in the resolution it	14432
adopts under division (B) of this section will be available in	14433
the following year for the county board to pay the nonfederal	14434
share of the medicaid expenditures that the county board is	14435
required by sections 5126.059 and 5126.0510 of the Revised Code	14436
to pay. The county auditor shall make the determination not later	14437
than the last day of the year before the year in which the funds	14438
are to be used.	14439

Sec. 5126.0512. (A) As used in this section, "medicaid	14440
waiver component" means a medicaid waiver component as defined in	14441
section 5111.85 of the Revised Code under which home and	14442
community-based services are provided.	14443

(B) Effective July 1, 2007, each county board of ~~mental~~	14444
~~retardation and~~ developmental disabilities shall ensure, for each	14445
medicaid waiver component, that the number of individuals eligible	14446
under section 5126.041 of the Revised Code for services from the	14447
county board who are enrolled in a medicaid waiver component is no	14448
less than the sum of the following:	14449

(1) The number of individuals eligible for services from the	14450
county board who are enrolled in the medicaid waiver component on	14451
June 30, 2007;	14452

(2) The number of medicaid waiver component slots the county	14453
board requested before July 1, 2007, that were assigned to the	14454
county board before that date but in which no individual was	14455
enrolled before that date.	14456

(C) An individual enrolled in a medicaid waiver component	14457
after March 1, 2007, due to an emergency reserve capacity waiver	14458
assignment shall not be counted in determining the number of	14459
individuals a county board must ensure under division (B) of this	14460
section are enrolled in a medicaid waiver component.	14461

(D) An individual who is enrolled in a medicaid waiver	14462
component to comply with the terms of the consent order filed	14463
March 5, 2007, in Martin v. Strickland, Case No. 89-CV-00362, in	14464
the United States district court for the southern district of	14465
Ohio, eastern division, shall be excluded in determining whether a	14466
county board has complied with division (B) of this section.	14467

(E) A county board shall make as many requests for	14468
individuals to be enrolled in a medicaid waiver component as	14469
necessary for the county board to comply with division (B) of this	14470
section.	14471

Sec. 5126.06. (A) Except as provided in division (B) of this	14472
section, any person who has a complaint involving any of the	14473
programs, services, policies, or administrative practices of a	14474
county board of ~~mental retardation and~~ developmental disabilities	14475
or any of the entities under contract with the county board, may	14476
file a complaint with the board. Prior to commencing a civil	14477
action regarding the complaint, a person shall attempt to have the	14478
complaint resolved through the administrative resolution process	14479
established in the rules adopted under section 5123.043 of the	14480
Revised Code. After exhausting the administrative resolution	14481
process, the person may commence a civil action if the complaint	14482
is not settled to the person's satisfaction.	14483

(B) An employee of a county board may not file under this	14484
section a complaint related to the terms and conditions of	14485
employment of the employee.	14486

Sec. 5126.07. No county board of ~~mental retardation and~~	14487
developmental disabilities or any agency, corporation, or	14488
association under contract with a county board of ~~mental~~	14489
~~retardation and~~ developmental disabilities shall discriminate in	14490
the provision of services under its authority or contract on the	14491
basis of race, color, sex, creed, disability, national origin, or	14492
the inability to pay.	14493

Each county board of ~~mental retardation and~~ developmental	14494
disabilities shall provide a plan of affirmative action describing	14495
its goals and methods for the provision of equal employment	14496
opportunities for all persons under its authority and shall ensure	14497
nondiscrimination in employment under its authority or contract on	14498
the basis of race, color, sex, creed, disability, or national	14499
origin.	14500

Sec. 5126.071. (A) As used in this section, "minority	14501
business enterprise" has the meaning given in division (E)(1) of	14502
section 122.71 of the Revised Code.	14503

(B) Any minority business enterprise that desires to bid on a	14504
contract under division (C) or (D) of this section shall first	14505
apply to the equal employment opportunity coordinator in the	14506
department of administrative services for certification as a	14507
minority business enterprise. The coordinator shall approve the	14508
application of any minority business enterprise that complies with	14509
the rules adopted under section 122.71 of the Revised Code. The	14510
coordinator shall prepare and maintain a list of minority business	14511
enterprises certified under this section.	14512

(C) From the contracts to be awarded for the purchases of	14513
equipment, materials, supplies, insurance, and nonprogram	14514
services, other than contracts entered into and exempt under	14515
sections 307.86 and 5126.05 of the Revised Code, each county board	14516
of ~~mental retardation and~~ developmental disabilities shall select	14517
a number of contracts with an aggregate value of approximately	14518
fifteen per cent of the total estimated value of such contracts to	14519
be awarded in the current calendar year. The board shall set aside	14520
the contracts so selected for bidding by minority business	14521
enterprises only. The bidding procedures for such contracts shall	14522
be the same as for all other contracts awarded under section	14523
307.86 of the Revised Code, except that only minority business	14524
enterprises certified and listed under division (B) of this	14525
section shall be qualified to submit bids. Contracts set aside and	14526
awarded under this section shall not include contracts for the	14527
purchase of services such as direct and ancillary services,	14528
service and support administration, residential services, and	14529
family support services.	14530

(D) To the extent that a board is authorized to enter into	14531
contracts for construction which are not exempt from the	14532
competitive bidding requirements of section 307.86 of the Revised	14533
Code, the board shall set aside a number of contracts the	14534
aggregate value of which equals approximately five per cent of the	14535
aggregate value of construction contracts for the current calendar	14536
year for bidding by minority business enterprises only. The	14537
bidding procedures for the contracts set aside for minority	14538
business enterprises shall be the same as for all other contracts	14539
awarded by the board, except that only minority business	14540
enterprises certified and listed under division (B) of this	14541
section shall be qualified to submit bids.	14542

Any contractor awarded a construction contract pursuant to	14543
this section shall make every effort to ensure that certified	14544
minority business subcontractors and materials suppliers	14545
participate in the contract. In the case of contracts specified in	14546
this division, the total value of subcontracts awarded to and	14547
materials and services purchased from minority businesses shall be	14548
at least ten per cent of the total value of the contract, wherever	14549
possible and whenever the contractor awards subcontracts or	14550
purchases materials or services.	14551

(E) In the case of contracts set aside under divisions (C)	14552
and (D) of this section, if no bid is submitted by a minority	14553
business enterprise, the contract shall be awarded according to	14554
normal bidding procedures. The board shall from time to time set	14555
aside such additional contracts as are necessary to replace those	14556
contracts previously set aside on which no minority business	14557
enterprise bid.	14558

(F) This section does not preclude any minority business	14559
enterprise from bidding on any other contract not specifically set	14560
aside for minority business enterprises.	14561

(G) Within ninety days after the beginning of each calendar	14562
year, each county board of ~~mental retardation and~~ developmental	14563
disabilities shall file a report with the department of mental	14564
retardation and developmental disabilities that shows for that	14565
calendar year the name of each minority business enterprise with	14566
which the board entered into a contract, the value and type of	14567
each such contract, the total value of contracts awarded under	14568
divisions (C) and (D) of this section, the total value of	14569
contracts awarded for the purchases of equipment, materials,	14570
supplies, or services, other than contracts entered into under the	14571
exemptions of sections 307.86 and 5126.05 of the Revised Code, and	14572
the total value of contracts entered into for construction.	14573

(H) Any person who intentionally misrepresents that person as	14574
owning, controlling, operating, or participating in a minority	14575
business enterprise for the purpose of obtaining contracts or any	14576
other benefits under this section shall be guilty of theft by	14577
deception as provided for in section 2913.02 of the Revised Code.	14578

Sec. 5126.08. (A) The director of mental retardation and	14579
developmental disabilities shall adopt rules in accordance with	14580
Chapter 119. of the Revised Code for all programs and services	14581
offered by a county board of ~~mental retardation and~~ developmental	14582
disabilities. Such rules shall include, but are not limited to,	14583
the following:	14584

(1) Determination of what constitutes a program or service;

14585

(2) Standards to be followed by a board in administering,	14586
providing, arranging, or operating programs and services;	14587

(3) Standards for determining the nature and degree of mental	14588
retardation, including mild mental retardation, or developmental	14589
disability;	14590

(4) Standards for determining eligibility for programs and	14591
services under sections 5126.042 and 5126.15 of the Revised Code;	14592

(5) Procedures for obtaining consent for the arrangement of	14593
services under section 5126.31 of the Revised Code and for	14594
obtaining signatures on individual service plans under that	14595
section;	14596

(6) Specification of the service and support administration	14597
to be provided by a county board and standards for resolving	14598
grievances in connection with service and support administration;	14599

(7) Standards for the provision of environmental	14600
modifications, including standards that require adherence to all	14601
applicable state and local building codes;	14602

(8) Standards for the provision of specialized medical,	14603
adaptive, and assistive equipment, supplies, and supports.	14604

(B) The director shall be the final authority in determining	14605
the nature and degree of mental retardation or developmental	14606
disability.	14607

Sec. 5126.081. (A) In addition to the rules adopted under	14608
division (A)(2) of section 5126.08 of the Revised Code	14609
establishing standards for the administration, provision,	14610
arrangement, and operation of programs and services by county	14611
boards of ~~mental retardation and~~ developmental disabilities, the	14612
department of mental retardation and developmental disabilities	14613
shall establish a system of accreditation for county boards of	14614
~~mental retardation and~~ developmental disabilities to ensure that	14615
the boards are in compliance with federal and state statutes and	14616
rules. The department shall adopt rules in accordance with Chapter	14617
119. of the Revised Code governing the system of accreditation.	14618
The rules shall include appropriate timelines for compliance when	14619
a board is found to be not in compliance and appropriate actions	14620
to be taken by boards in complying with the accreditation	14621
requirements.	14622

(B) Prior to accrediting a board, the department shall	14623
conduct a comprehensive, on-site review of the board. During the	14624
review, the department shall document the board's compliance with	14625
the department's accreditation requirements. After completing the	14626
review, the department shall conduct an exit conference with the	14627
president of the board, the superintendent of the board, and any	14628
other officials the board asks to have present. The department	14629
shall discuss its findings from the review with the board's	14630
representatives and provide a written report of its findings not	14631
later than thirty days following the exit conference. If the	14632
department finds that the board is in compliance with the	14633
requirements for accreditation, the department shall issue	14634
evidence of accreditation to the board.	14635

Accreditation may be granted for periods of up to five years	14636
and may be renewed. Not less than once prior to the date a board's	14637
accreditation is scheduled to expire, the department shall conduct	14638
a comprehensive, on-site review of the board.	14639

Each board shall conduct an annual audit of itself to	14640
evaluate its compliance with the requirements for accreditation.	14641
The department may conduct an interim review of any new program or	14642
service initiated by a board after its last comprehensive review.	14643
The department may conduct other reviews and investigations as	14644
necessary to enforce this section.	14645

(C) If the department determines through its review of a	14646
board that the board is not in compliance with the requirements	14647
for accreditation, the department shall, except as provided in	14648
division (F) of this section, grant the board an opportunity to	14649
correct the matters in which it is not in compliance. The	14650
department shall grant the board an appropriate length of time to	14651
comply with the requirements prior to taking any action to deny	14652
accreditation to the board. To avoid denial of accreditation, the	14653
board superintendent shall prepare a plan of correction to	14654
remediate the matters specified in the department's written report	14655
as not being in compliance with the requirements for	14656
accreditation. The superintendent shall submit the plan to the	14657
board for review, and the board shall review the plan. If the	14658
board believes that the plan is sufficient to correct the matters,	14659
the board shall approve the plan by resolution and submit the plan	14660
to the department for its review. The department shall review the	14661
plan of correction. If the department approves the plan, the board	14662
shall commence action to implement the plan. The department shall,	14663
as necessary, conduct follow-up reviews of the board to determine	14664
whether it has met the requirements for accreditation. If the plan	14665
of correction submitted by a board is disapproved, the department	14666
shall inform the board of the reasons for disapproval and may	14667
grant the board an opportunity to submit a revised plan of	14668
correction.	14669

A board may request technical assistance from the department,	14670
other boards, or professional organizations in preparing plans of	14671
correction and in implementing plans of correction.	14672

(D) If, after being given the opportunity to implement a plan	14673
of correction, a board continues to fail to meet the requirements	14674
for accreditation, the department shall issue an order denying	14675
accreditation to the board. The department may deny accreditation	14676
to the board for all or part of the programs or services offered	14677
by the board.	14678

The department shall simultaneously notify all of the	14679
following officials in the county: the members of the board of	14680
county commissioners, the senior probate judge, the county	14681
auditor, and the president and superintendent of the county board	14682
of ~~mental retardation and~~ developmental disabilities. The notice	14683
shall identify the programs and services that have been denied	14684
accreditation, the requirements for accreditation with which the	14685
board is not in compliance, and the responsibilities of the county	14686
officials to contract under division (E)(1) of this section to	14687
have the board's programs and services administered by another	14688
party or become subject to administrative receivership under	14689
division (E)(2) of this section.	14690

(E)(1) When a board is denied accreditation, the department	14691
shall first give the board the option of contracting to have the	14692
board's programs and services that were denied accreditation	14693
administered by an accredited county board of ~~mental retardation~~	14694
~~and~~ developmental disabilities or another qualified entity subject	14695
to the approval of the department. The board may contract with	14696
more than one board that has been accredited. When a board enters	14697
into a contract, the board shall, by resolution, give the	14698
contractor full administrative authority over the programs and	14699
services that the contractor will administer.	14700

(2) If a board fails to exercise its option of entering into	14701
a contract under division (E)(1) of this section sooner than	14702
thirty days after the department denies accreditation, the	14703
department shall appoint an administrative receiver of the board's	14704
programs and services that were denied accreditation. The	14705
department may appoint employees of the department, management	14706
personnel from county boards of ~~mental retardation and~~	14707
developmental disabilities, or individuals from other entities as	14708
necessary to meet its needs for appointing an administrative	14709
receiver, except that individuals from other entities may be	14710
appointed only when qualified department employees or board	14711
management personnel are unavailable. The department may not	14712
appoint an individual who is employed by or affiliated with an	14713
entity that is under contract with the board. The administrative	14714
receiver shall assume full administrative responsibility for the	14715
board's programs and services that were denied accreditation.	14716

(3) The board or entity that contracts with a board under	14717
division (E)(1) of this section, or the administrative receiver	14718
appointed under division (E)(2) of this section, shall develop and	14719
implement a plan of correction to remediate the matters that	14720
caused the department to deny accreditation. The contractor or	14721
administrative receiver shall submit the plan to the department,	14722
and the department shall review the plan. If the plan is approved	14723
by the department, the contractor or administrative receiver shall	14724
commence action to implement the plan. The contractor or	14725
administrative receiver shall report to the department any	14726
findings it can make pertaining to issues or circumstances that	14727
are beyond the control of the board and result in the unlikelihood	14728
that compliance with the requirements for accreditation can be	14729
achieved unless the issues or circumstances are remediated.	14730

(4) For purposes of divisions (E)(1) and (2) of this section,	14731
the department shall require the board that has been denied	14732
accreditation to transfer control of state and federal funds it is	14733
eligible to receive for the board's programs and services that	14734
have been denied accreditation in an amount necessary for the	14735
contractor or administrative receiver to fulfill its duties in	14736
administering the programs and services for the board. The	14737
transfer of control of funds does not cause any programs and	14738
services of the board that are accredited to lose their	14739
accreditation. If the board refuses to transfer control of funds,	14740
the department may withhold state and federal funds from the board	14741
in an amount necessary for the contractor or administrative	14742
receiver to fulfill its duties. The amount transferred or withheld	14743
from a board shall include reimbursements for the personnel of the	14744
contractor or administrative receiver, including amounts for time	14745
worked, travel, and related expenses.	14746

A contractor or administrative receiver that has assumed the	14747
administration of a board's programs and services has the right to	14748
authorize the payment of bills in the same manner that a board may	14749
authorize payment of bills under this chapter and section 319.16	14750
of the Revised Code.	14751

(F) When the department's review of a board reveals serious	14752
health and safety issues within the programs and services offered	14753
by the board, the department shall order the board to correct the	14754
violations immediately or appoint an administrative receiver.	14755

(G) At any time a board can demonstrate that it is capable of	14756
assuming its duties in compliance with the department's	14757
requirements for accreditation, the department shall reverse its	14758
order denying accreditation and issue evidence of accreditation to	14759
the board.	14760

A board may appeal the department's denial of accreditation	14761
or refusal to reverse a denial of accreditation only by filing a	14762
complaint under section 5123.043 of the Revised Code. If in its	14763
appeal the board can demonstrate that it is capable of assuming	14764
its duties in compliance with the department's requirements for	14765
accreditation, the department shall reverse its order denying	14766
accreditation and shall issue evidence of accreditation to the	14767
board.	14768

(H) All notices issued to a board by the department under	14769
this section shall be delivered to the board's president and	14770
superintendent.	14771

(I) A board's president may designate another member of the	14772
board as the individual to be responsible for fulfilling all or	14773
part of the president's responsibilities established under this	14774
section.	14775

Sec. 5126.082. (A) In addition to the rules adopted under	14776
division (A)(2) of section 5126.08 of the Revised Code	14777
establishing standards to be followed by county boards of ~~mental~~	14778
~~retardation and~~ developmental disabilities in administering,	14779
providing, arranging, and operating programs and services and in	14780
addition to the board accreditation system established under	14781
section 5126.081 of the Revised Code, the director of mental	14782
retardation and developmental disabilities shall adopt rules in	14783
accordance with Chapter 119. of the Revised Code establishing	14784
standards for promoting and advancing the quality of life of	14785
individuals with mental retardation and developmental disabilities	14786
receiving any of the following:	14787

(1) Early childhood services pursuant to section 5126.05 of	14788
the Revised Code for children under age three;	14789

(2) Adult services pursuant to section 5126.05 and division	14790
(B) of section 5126.051 of the Revised Code for individuals age	14791
sixteen or older;	14792

(3) Family support services pursuant to section 5126.11 of	14793
the Revised Code.	14794

(B) The rules adopted under this section shall specify the	14795
actions county boards of ~~mental retardation and~~ developmental	14796
disabilities and the agencies with which they contract should take	14797
to do the following:	14798

(1) Offer individuals with mental retardation and	14799
developmental disabilities, and their families when appropriate,	14800
choices in programs and services that are centered on the needs	14801
and desires of those individuals;	14802

(2) Maintain infants with their families whenever possible by	14803
collaborating with other agencies that provide services to infants	14804
and their families and taking other appropriate actions;	14805

(3) Provide families that have children with mental	14806
retardation and developmental disabilities under age eighteen	14807
residing in their homes the resources necessary to allow the	14808
children to remain in their homes;	14809

(4) Create and implement community employment services based	14810
on the needs and desires of adults with mental retardation and	14811
developmental disabilities;	14812

(5) Create, in collaboration with other agencies,	14813
transportation systems that provide safe and accessible	14814
transportation within the county to individuals with disabilities;	14815

(6) Provide services that allow individuals with disabilities	14816
to be integrated into the community by engaging in educational,	14817
vocational, and recreational activities with individuals who do	14818
not have disabilities;	14819

(7) Provide age-appropriate retirement services for	14820
individuals age sixty-five and older with mental retardation and	14821
developmental disabilities;	14822

(8) Establish residential services and supported living for	14823
individuals with mental retardation and developmental disabilities	14824
in accordance with their needs.	14825

(C) To assist in funding programs and services that meet the	14826
standards established under this section, each county board of	14827
~~mental retardation and~~ developmental disabilities shall make a	14828
good faith effort to acquire available federal funds, including	14829
reimbursements under Title XIX of the "Social Security Act," 79	14830
Stat. 286 (1965), 42 U.S.C.A. 1396, as amended.	14831

(D) Each county board of ~~mental retardation and~~ developmental	14832
disabilities shall work toward full compliance with the standards	14833
established under this section, based on its available resources.	14834
Funds received under this chapter shall be used to comply with the	14835
standards. Annually, each board shall conduct a self audit to	14836
evaluate the board's progress in complying fully with the	14837
standards.	14838

(E) The department shall complete a program quality review of	14839
each county board of ~~mental retardation and~~ developmental	14840
disabilities to determine the extent to which the board has	14841
complied with the standards. The review shall be conducted in	14842
conjunction with the comprehensive accreditation review of the	14843
board that is conducted under section 5126.081 of the Revised	14844
Code.	14845

Notwithstanding any provision of this chapter or Chapter	14846
5123. of the Revised Code requiring the department to distribute	14847
funds to county boards of ~~mental retardation and~~ developmental	14848
disabilities, the department may withhold funds from a board if it	14849
finds that the board is not in substantial compliance with the	14850
standards established under this section.	14851

(F) When the standards for accreditation from the commission	14852
on accreditation of rehabilitation facilities, or another	14853
accrediting agency, meet or exceed the standards established under	14854
this section, the director may accept accreditation from the	14855
commission or other agency as evidence that the board is in	14856
compliance with all or part of the standards established under	14857
this section. Programs and services accredited by the commission	14858
or agency are exempt from the program quality reviews required by	14859
division (E) of this section.	14860

Sec. 5126.09. A county board of ~~mental retardation and~~	14861
developmental disabilities may procure a policy or policies of	14862
insurance insuring board members or employees of the board or	14863
agencies with which the board contracts or volunteer bus rider	14864
assistants authorized by section 5126.061 of the Revised Code	14865
against liability arising from the performance of their official	14866
duties.	14867

Sec. 5126.10. The director of mental retardation and	14868
developmental disabilities shall adopt rules in accordance with	14869
Chapter 119. of the Revised Code establishing standard cost	14870
allocation procedures and shall require county boards of ~~mental~~	14871
~~retardation and~~ developmental disabilities to use such procedures	14872
to allocate all indirect costs to services provided pursuant to	14873
Chapters 3323. and 5126. of the Revised Code.	14874

Sec. 5126.11. (A) As used in this section, "respite care"	14875
means appropriate, short-term, temporary care that is provided to	14876
a mentally retarded or developmentally disabled person to sustain	14877
the family structure or to meet planned or emergency needs of the	14878
family.	14879

(B) Subject to rules adopted by the director of mental	14880
retardation and developmental disabilities, and subject to the	14881
availability of money from state and federal sources, the county	14882
board of ~~mental retardation and~~ developmental disabilities shall	14883
establish a family support services program. Under such a program,	14884
the board shall make payments to an individual with mental	14885
retardation or other developmental disability or the family of an	14886
individual with mental retardation or other developmental	14887
disability who desires to remain in and be supported in the family	14888
home. Payments shall be made for all or part of costs incurred or	14889
estimated to be incurred for services that would promote	14890
self-sufficiency and normalization, prevent or reduce	14891
inappropriate institutional care, and further the unity of the	14892
family by enabling the family to meet the special needs of the	14893
individual and to live as much like other families as possible.	14894
Payments may be made in the form of reimbursement for expenditures	14895
or in the form of vouchers to be used to purchase services.	14896

(C) Payment shall not be made under this section to an	14897
individual or the individual's family if the individual is living	14898
in a residential facility that is providing residential services	14899
under contract with the department of mental retardation and	14900
developmental disabilities or a county board.	14901

(D) Payments may be made for the following services:

14902

(1) Respite care, in or out of the home;

14903

(2) Counseling, supervision, training, and education of the	14904
individual, the individual's caregivers, and members of the	14905
individual's family that aid the family in providing proper care	14906
for the individual, provide for the special needs of the family,	14907
and assist in all aspects of the individual's daily living;	14908

(3) Special diets, purchase or lease of special equipment, or	14909
modifications of the home, if such diets, equipment, or	14910
modifications are necessary to improve or facilitate the care and	14911
living environment of the individual;	14912

(4) Providing support necessary for the individual's	14913
continued skill development, including such services as	14914
development of interventions to cope with unique problems that may	14915
occur within the complexity of the family, enrollment of the	14916
individual in special summer programs, provision of appropriate	14917
leisure activities, and other social skills development	14918
activities;	14919

(5) Any other services that are consistent with the purposes	14920
specified in division (B) of this section and specified in the	14921
individual's service plan.	14922

(E) In order to be eligible for payments under a family	14923
support services program, the individual or the individual's	14924
family must reside in the county served by the county board, and	14925
the individual must be in need of habilitation. Payments shall be	14926
adjusted for income in accordance with the payment schedule	14927
established in rules adopted under this section. Payments shall be	14928
made only after the county board has taken into account all other	14929
available assistance for which the individual or family is	14930
eligible.	14931

(F) Before incurring expenses for a service for which payment	14932
will be sought under a family support services program, the	14933
individual or family shall apply to the county board for a	14934
determination of eligibility and approval of the service. The	14935
service need not be provided in the county served by the county	14936
board. After being determined eligible and receiving approval for	14937
the service, the individual or family may incur expenses for the	14938
service or use the vouchers received from the county board for the	14939
purchase of the service.	14940

If the county board refuses to approve a service, an appeal	14941
may be made in accordance with rules adopted by the department	14942
under this section.	14943

(G) To be reimbursed for expenses incurred for approved	14944
services, the individual or family shall submit to the county	14945
board a statement of the expenses incurred accompanied by any	14946
evidence required by the board. To redeem vouchers used to	14947
purchase approved services, the entity that provided the service	14948
shall submit to the county board evidence that the service was	14949
provided and a statement of the charges. The county board shall	14950
make reimbursements and redeem vouchers no later than forty-five	14951
days after it receives the statements and evidence required by	14952
this division.	14953

(H) A county board shall consider the following objectives in	14954
carrying out a family support services program:	14955

(1) Enabling individuals to return to their families from an	14956
institution under the jurisdiction of the department of mental	14957
retardation and developmental disabilities;	14958

(2) Enabling individuals found to be subject to	14959
institutionalization by court order under section 5123.76 of the	14960
Revised Code to remain with their families with the aid of	14961
payments provided under this section;	14962

(3) Providing services to eligible children and adults	14963
currently residing in the community;	14964

(4) Providing services to individuals with developmental	14965
disabilities who are not receiving other services from the board.	14966

(I) The director shall adopt, and may amend and rescind,	14967
rules for the implementation of family support services programs	14968
by county boards. Such rules shall include the following:	14969

(1) A payment schedule adjusted for income;

14970

(2) A formula for distributing to county boards the money	14971
appropriated for family support services;	14972

(3) Standards for supervision, training, and quality control	14973
in the provision of respite care services;	14974

(4) Eligibility standards and procedures for providing	14975
temporary emergency respite care;	14976

(5) Procedures for hearing and deciding appeals made under	14977
division (F) of this section;	14978

(6) Requirements to be followed by county boards regarding	14979
reports submitted under division (K) of this section.	14980

Rules adopted under divisions (I)(1) and (2) of this section	14981
shall be adopted in accordance with section 111.15 of the Revised	14982
Code. Rules adopted under divisions (I)(3) to (6) of this section	14983
shall be adopted in accordance with Chapter 119. of the Revised	14984
Code.	14985

(J) All individuals certified by the superintendent of the	14986
county board as eligible for temporary emergency respite care in	14987
accordance with rules adopted under this section shall be	14988
considered eligible for temporary emergency respite care for not	14989
more than five days to permit the determination of eligibility for	14990
family support services. The requirements of divisions (E) and (F)	14991
of this section do not apply to temporary emergency respite care.	14992

(K) The department of mental retardation and developmental	14993
disabilities shall distribute to county boards money appropriated	14994
for family support services in quarterly installments of equal	14995
amounts. The installments shall be made not later than the	14996
thirtieth day of September, the thirty-first day of December, the	14997
thirty-first day of March, and the thirtieth day of June. A county	14998
board shall use no more than seven per cent of the funds for	14999
administrative costs. Each county board shall submit reports to	15000
the department on payments made under this section. The reports	15001
shall be submitted at those times and in the manner specified in	15002
rules adopted under this section.	15003

(L) The county board shall not be required to make payments	15004
for family support services at a level that exceeds available	15005
state and federal funds for such payments.	15006

Sec. 5126.12. (A) As used in this section:

15007

(1) "Approved school age class" means a class operated by a	15008
county board of ~~mental retardation and~~ developmental disabilities	15009
and funded by the department of education under section 3317.20 of	15010
the Revised Code.	15011

(2) "Approved preschool unit" means a class or unit operated	15012
by a county board of ~~mental retardation and~~ developmental	15013
disabilities and approved under division (B) of section 3317.05 of	15014
the Revised Code.	15015

(3) "Active treatment" means a continuous treatment program,	15016
which includes aggressive, consistent implementation of a program	15017
of specialized and generic training, treatment, health services,	15018
and related services, that is directed toward the acquisition of	15019
behaviors necessary for an individual with mental retardation or	15020
other developmental disability to function with as much	15021
self-determination and independence as possible and toward the	15022
prevention of deceleration, regression, or loss of current optimal	15023
functional status.	15024

(4) "Eligible for active treatment" means that an individual	15025
with mental retardation or other developmental disability resides	15026
in an intermediate care facility for the mentally retarded	15027
certified under Title XIX of the "Social Security Act," 79 Stat.	15028
286 (1965), 42 U.S.C. 1396, as amended; resides in a state	15029
institution operated by the department of mental retardation and	15030
developmental disabilities; or is enrolled in home and	15031
community-based services.	15032

(5) "Traditional adult services" means vocational and	15033
nonvocational activities conducted within a sheltered workshop or	15034
adult activity center or supportive home services.	15035

(B) Each county board of ~~mental retardation and~~ developmental	15036
disabilities shall certify to the director of mental retardation	15037
and developmental disabilities all of the following:	15038

(1) On or before the fifteenth day of October, the average	15039
daily membership for the first full week of programs and services	15040
during October receiving:	15041

(a) Early childhood services provided pursuant to section	15042
5126.05 of the Revised Code for children who are less than three	15043
years of age on the thirtieth day of September of the academic	15044
year;	15045

(b) Special education for children with disabilities in	15046
approved school age classes;	15047

(c) Adult services for persons sixteen years of age and older	15048
operated pursuant to section 5126.05 and division (B) of section	15049
5126.051 of the Revised Code. Separate counts shall be made for	15050
the following:	15051

(i) Persons enrolled in traditional adult services who are	15052
eligible for but not enrolled in active treatment;	15053

(ii) Persons enrolled in traditional adult services who are	15054
eligible for and enrolled in active treatment;	15055

(iii) Persons enrolled in traditional adult services but who	15056
are not eligible for active treatment;	15057

(iv) Persons participating in community employment services.	15058
To be counted as participating in community employment services, a	15059
person must have spent an average of no less than ten hours per	15060
week in that employment during the preceding six months.	15061

(d) Other programs in the county for individuals with mental	15062
retardation and developmental disabilities that have been approved	15063
for payment of subsidy by the department of mental retardation and	15064
developmental disabilities.	15065

The membership in each such program and service in the county	15066
shall be reported on forms prescribed by the department of mental	15067
retardation and developmental disabilities.	15068

The department of mental retardation and developmental	15069
disabilities shall adopt rules defining full-time equivalent	15070
enrollees and for determining the average daily membership	15071
therefrom, except that certification of average daily membership	15072
in approved school age classes shall be in accordance with rules	15073
adopted by the state board of education. The average daily	15074
membership figure shall be determined by dividing the amount	15075
representing the sum of the number of enrollees in each program or	15076
service in the week for which the certification is made by the	15077
number of days the program or service was offered in that week. No	15078
enrollee may be counted in average daily membership for more than	15079
one program or service.	15080

(2) By the fifteenth day of December, the number of children	15081
enrolled in approved preschool units on the first day of December;	15082

(3) On or before the thirtieth day of April, an itemized	15083
report of all income and operating expenditures for the	15084
immediately preceding calendar year, in the format specified by	15085
the department of mental retardation and developmental	15086
disabilities;	15087

(4) That each required certification and report is in	15088
accordance with rules established by the department of mental	15089
retardation and developmental disabilities and the state board of	15090
education for the operation and subsidization of the programs and	15091
services.	15092

Sec. 5126.121. Each county board of ~~mental retardation and~~	15093
developmental disabilities may be eligible to receive a subsidy	15094
from the department of mental retardation and developmental	15095
disabilities for the employment of a business manager as provided	15096
in this section. The department shall adopt rules in accordance	15097
with Chapter 119. of the Revised Code specifying standards for the	15098
employment of such a business manager. The rules shall include the	15099
minimum education and experience requirements for the position of	15100
business manager and shall specify requirements for courses in	15101
fiscal and business management that are annually sponsored or	15102
certified by the department and that are applicable to the	15103
position and designed to teach effective business practices. Each	15104
county board of ~~mental retardation and~~ developmental disabilities	15105
that employs a business manager in accordance with the standards	15106
adopted under this section may receive a subsidy from the	15107
department.	15108

The department shall distribute this subsidy to eligible	15109
county boards in quarterly installments of equal amounts. The	15110
installments shall be made not later than the thirtieth day of	15111
September, the thirty-first day of December, the thirty-first day	15112
of March, and the thirtieth day of June.	15113

Sec. 5126.13. (A) A county board of ~~mental retardation and~~	15114
developmental disabilities may enter into an agreement with one or	15115
more other county boards of ~~mental retardation and~~ developmental	15116
disabilities to establish a regional council in accordance with	15117
Chapter 167. of the Revised Code. The agreement shall specify the	15118
duties and functions to be performed by the council, which may	15119
include any duty or function a county board is required or	15120
authorized to perform under this chapter. If directed to do so by	15121
a resolution adopted by a county board that is a member of a	15122
regional council, the department of mental retardation and	15123
developmental disabilities shall make any distributions of money	15124
for that county for the duties or functions performed by the	15125
council pursuant to its agreement that are otherwise required to	15126
be made to the county board under this chapter to the fiscal	15127
officer of the council designated under section 167.04 of the	15128
Revised Code.	15129

A county board may also enter into an agreement with one or	15130
more school districts or other political subdivisions to establish	15131
a regional council in accordance with Chapter 167. of the Revised	15132
Code.	15133

(B) On or before the thirtieth day of March, the fiscal	15134
officer of a regional council described in this section shall	15135
report to the department of mental retardation and developmental	15136
disabilities, in the format specified by the department, all	15137
income and operating expenditures of the council for the	15138
immediately preceding calendar year.	15139

Sec. 5126.14. The entity responsible for the habilitation	15140
management included in adult day habilitation services, the	15141
program management included in residential services, and the	15142
program management included in supported living shall provide	15143
administrative oversight by doing all of the following:	15144

(A) Having available supervisory personnel to monitor and	15145
ensure implementation of all interventions in accordance with	15146
every individual service plan implemented by the staff who work	15147
with the individuals receiving the services;	15148

(B) Providing appropriate training and technical assistance	15149
for all staff who work with the individuals receiving services;	15150

(C) Communicating with service and support administration	15151
staff for the purpose of coordinating activities to ensure that	15152
services are provided to individuals in accordance with individual	15153
service plans and intended outcomes;	15154

(D) Monitoring for unusual and major unusual incidents and	15155
cases of abuse, neglect, exploitation, or misappropriation of	15156
funds involving the individual under the care of staff who are	15157
providing the services; taking immediate actions as necessary to	15158
maintain the health, safety, and welfare of the individuals	15159
receiving the services; and providing notice of unusual and major	15160
unusual incidents and suspected cases of abuse, neglect,	15161
exploitation, or misappropriation of funds to the county board of	15162
~~mental retardation and~~ developmental disabilities;	15163

(E) Performing other administrative duties as required by	15164
state or federal law or by the county board of ~~mental retardation~~	15165
~~and~~ developmental disabilities through contracts with providers.	15166

Sec. 5126.15. (A) A county board of ~~mental retardation and~~	15167
developmental disabilities shall provide service and support	15168
administration to each individual three years of age or older who	15169
is eligible for service and support administration if the	15170
individual requests, or a person on the individual's behalf	15171
requests, service and support administration. A board shall	15172
provide service and support administration to each individual	15173
receiving home and community-based services. A board may provide,	15174
in accordance with the service coordination requirements of 34	15175
C.F.R. 303.23, service and support administration to an individual	15176
under three years of age eligible for early intervention services	15177
under 34 C.F.R. part 303. A board may provide service and support	15178
administration to an individual who is not eligible for other	15179
services of the board. Service and support administration shall be	15180
provided in accordance with rules adopted under section 5126.08 of	15181
the Revised Code.	15182

A board may provide service and support administration by	15183
directly employing service and support administrators or by	15184
contracting with entities for the performance of service and	15185
support administration. Individuals employed or under contract as	15186
service and support administrators shall not be in the same	15187
collective bargaining unit as employees who perform duties that	15188
are not administrative.	15189

Individuals employed by a board as service and support	15190
administrators shall not be assigned responsibilities for	15191
implementing other services for individuals and shall not be	15192
employed by or serve in a decision-making or policy-making	15193
capacity for any other entity that provides programs or services	15194
to individuals with mental retardation or developmental	15195
disabilities. An individual employed as a conditional status	15196
service and support administrator shall perform the duties of	15197
service and support administration only under the supervision of a	15198
management employee who is a service and support administration	15199
supervisor.	15200

(B) The individuals employed by or under contract with a	15201
board to provide service and support administration shall do all	15202
of the following:	15203

(1) Establish an individual's eligibility for the services of	15204
the county board of ~~mental retardation and~~ developmental	15205
disabilities;	15206

(2) Assess individual needs for services;

15207

(3) Develop individual service plans with the active	15208
participation of the individual to be served, other persons	15209
selected by the individual, and, when applicable, the provider	15210
selected by the individual, and recommend the plans for approval	15211
by the department of mental retardation and developmental	15212
disabilities when services included in the plans are funded	15213
through medicaid;	15214

(4) Establish budgets for services based on the individual's	15215
assessed needs and preferred ways of meeting those needs;	15216

(5) Assist individuals in making selections from among the	15217
providers they have chosen;	15218

(6) Ensure that services are effectively coordinated and	15219
provided by appropriate providers;	15220

(7) Establish and implement an ongoing system of monitoring	15221
the implementation of individual service plans to achieve	15222
consistent implementation and the desired outcomes for the	15223
individual;	15224

(8) Perform quality assurance reviews as a distinct function	15225
of service and support administration;	15226

(9) Incorporate the results of quality assurance reviews and	15227
identified trends and patterns of unusual incidents and major	15228
unusual incidents into amendments of an individual's service plan	15229
for the purpose of improving and enhancing the quality and	15230
appropriateness of services rendered to the individual;	15231

(10) Ensure that each individual receiving services has a	15232
designated person who is responsible on a continuing basis for	15233
providing the individual with representation, advocacy, advice,	15234
and assistance related to the day-to-day coordination of services	15235
in accordance with the individual's service plan. The service and	15236
support administrator shall give the individual receiving services	15237
an opportunity to designate the person to provide daily	15238
representation. If the individual declines to make a designation,	15239
the administrator shall make the designation. In either case, the	15240
individual receiving services may change at any time the person	15241
designated to provide daily representation.	15242

Sec. 5126.18. (A) As used in this section:

15243

(1) "County board" means a county board of ~~mental retardation~~	15244
~~and~~ developmental disabilities.	15245

(2) Notwithstanding section 5126.01 of the Revised Code,	15246
"adult services" means the following services, as they are	15247
identified on individual information forms submitted by county	15248
boards to the department of mental retardation and developmental	15249
disabilities, provided to an individual with mental retardation	15250
or other developmental disability who is at least twenty-two years	15251
of age:	15252

(a) Assessment;

15253

(b) Home service;

15254

15255

(d) Community employment services;

15256

(e) Retirement.

15257

(3) "Adult services enrollment" means a county board's	15258
average daily membership in adult services, exclusive of such	15259
services provided to individuals served solely through service and	15260
support administration provided pursuant to section 5126.15 of the	15261
Revised Code or family support services provided pursuant to	15262
section 5126.11 of the Revised Code.	15263

(4) "Taxable value" means the taxable value of a county board	15264
certified under division (B)(1) of this section.	15265

(5) "Per-mill yield" of a county board means the quotient	15266
obtained by dividing (a) the taxable value of the county board by	15267
(b) one thousand.	15268

(6) "Local adult services cost" means a county board's	15269
expenditures for adult services, excluding all federal and state	15270
reimbursements and subsidy allocations received by such boards and	15271
expended for such services, as certified under section 5126.12 of	15272
the Revised Code.	15273

(7) "Statewide average millage" means one thousand multiplied	15274
by the quotient obtained by dividing (a) the total of the local	15275
adult services costs of all county boards by (b) the total of the	15276
taxable values of all county boards.	15277

(8) "County yield" of a county board means the product	15278
obtained by multiplying (a) the statewide average millage by (b)	15279
the per-mill yield of the county board.	15280

(9) "County yield per enrollee" of a county board means the	15281
quotient obtained by dividing (a) the county yield of the county	15282
board by (b) the adult enrollment of the county board.	15283

(10) "Statewide yield per enrollee" means the quotient	15284
obtained by dividing (a) the sum of the county yields of all	15285
county boards by (b) the sum of the adult enrollments of all	15286
county boards.	15287

(11) "Local tax effort for adult services" of a county board	15288
means one thousand multiplied by the quotient obtained by dividing	15289
(a) the local adult services cost of the county board by (b) the	15290
taxable value of the county board.	15291

(12) "Funding percentage" for a fiscal year means the	15292
percentage that the amount appropriated to the department for the	15293
purpose of making payments under this section in the fiscal year	15294
is of the amount computed under division (C)(3) of this section	15295
for the fiscal year.	15296

(13) "Funding-adjusted required millage" for a fiscal year	15297
means the statewide average millage multiplied by the funding	15298
percentage for that fiscal year.	15299

(B)(1) On the request of the director of mental retardation	15300
and developmental disabilities, the tax commissioner shall provide	15301
to the department of mental retardation and developmental	15302
disabilities information specifying the taxable value of property	15303
on each county's tax list of real and public utility property and	15304
tax list of personal property for the most recent tax year for	15305
which such information is available. The director may request any	15306
other tax information necessary for the purposes of this section.	15307

(2) On the request of the director, each county board shall	15308
report the county board's adult services enrollment and local	15309
adult services cost.	15310

(C) Each year, the department of mental retardation and	15311
developmental disabilities shall compute the following:	15312

(1) For each county board, the amount, if any, by which the	15313
statewide yield per enrollee exceeds the county yield per	15314
enrollee;	15315

(2) For each county board, the amount of any excess computed	15316
under division (C)(1) of this section multiplied by the adult	15317
services enrollment of the county board;	15318

(3) The sum of the amounts computed under division (C)(2) of	15319
this section for all county boards.	15320

(D) From money appropriated for the purpose, the department	15321
shall provide for payment to each county board of the amount	15322
computed for that county board under division (C)(2) of this	15323
section, subject to any reduction or adjustment under division	15324
(E), (F), or (G) of this section. The department shall make the	15325
payments in quarterly installments of equal amounts. The	15326
installments shall be made not later than the thirtieth day of	15327
September, thirty-first day of December, thirty-first day of	15328
March, and thirtieth day of June.	15329

(E) If a county board's local tax effort for adult services	15330
is less than the funding-adjusted required millage, the director	15331
shall reduce the amount of payment otherwise computed under	15332
division (C)(2) of this section so that the amount paid, after the	15333
reduction, is the same percentage of the amount computed under	15334
division (C)(2) of this section as the county board's local tax	15335
effort for adult services is of the funding-adjusted required	15336
millage.	15337

If the director reduces the amount of a county board's	15338
payment under this division, the department, not later than the	15339
fifteenth day of July, shall notify the county board of the	15340
reduction and the amount of the reduction. The notice shall	15341
include a statement that the county board may request to be	15342
exempted from the reduction by filing a request with the director,	15343
in the manner and form prescribed by the director, within	15344
twenty-one days after such notification is issued. The board may	15345
present evidence of its attempt to obtain passage of levies or any	15346
other extenuating circumstances the board considers relevant. If	15347
the county board requests a hearing before the director to present	15348
such evidence, the director shall conduct a hearing on the request	15349
unless the director exempts the board from the reduction on the	15350
basis of the evidence presented in the request filed by the board.	15351
Upon receiving a properly and timely filed request for exemption,	15352
but not later than the thirty-first day of August, the director	15353
shall determine whether the county board shall be exempted from	15354
all or a part of the reduction. The director may exempt the board	15355
from all or part of the reduction if the director finds that the	15356
board has made good faith efforts to obtain passage of tax levies	15357
or that there are extenuating circumstances.	15358

(F) If a payment is reduced under division (E) of this	15359
section and the director does not exempt the county board from the	15360
reduction, the amount of the reduction shall be apportioned among	15361
all county boards entitled to payments under this section for	15362
which payments were not so reduced. The amount apportioned to each	15363
county board shall be proportionate to the amount of the board's	15364
payment as computed under division (C)(2) of this section.	15365

(G) If, for any fiscal year, the amount appropriated to the	15366
department for the purpose of this section is less than the amount	15367
computed under division (C)(3) of this section for the fiscal	15368
year, the department shall adjust the amount of each payment as	15369
computed under divisions (C)(2), (E), and (F) of this section by	15370
multiplying that amount by the funding percentage.	15371

(H) The payments authorized by this section are supplemental	15372
to all other funds that may be received by a county board. A	15373
county board shall use the payments solely to pay the nonfederal	15374
share of medicaid expenditures that sections 5126.059 and	15375
5126.0510 of the Revised Code require the county board to pay.	15376

Sec. 5126.19. (A) The director of mental retardation and	15377
developmental disabilities may grant temporary funding from the	15378
community mental retardation and developmental disabilities trust	15379
fund based on allocations to county boards of ~~mental retardation~~	15380
~~and~~ developmental disabilities. The director may distribute all or	15381
part of the funding directly to a county board, the persons who	15382
provide the services for which the funding is granted, or persons	15383
with mental retardation or developmental disabilities who are to	15384
receive those services.	15385

(B) Funding granted under division (A) of this section shall	15386
be granted according to the availability of moneys in the fund and	15387
priorities established by the director. Funding may be granted for	15388
any of the following purposes:	15389

(1) Behavioral or short-term interventions for persons with	15390
mental retardation or developmental disabilities that assist them	15391
in remaining in the community by preventing institutionalization;	15392

(2) Emergency respite care services, as defined in section	15393
5126.11 of the Revised Code;	15394

(3) Family support services provided under section 5126.11 of	15395
the Revised Code;	15396

(4) Supported living, as defined in section 5126.01 of the	15397
Revised Code;	15398

(5) Staff training for county board employees, employees of	15399
providers of residential services as defined in section 5126.01 of	15400
the Revised Code, and other personnel under contract with a county	15401
board, to provide the staff with necessary training in serving	15402
mentally retarded or developmentally disabled persons in the	15403
community;	15404

(6) Short-term provision of early childhood services provided	15405
under section 5126.05, adult services provided under sections	15406
5126.05 and 5126.051, and service and support administration	15407
provided under section 5126.15 of the Revised Code, when local	15408
moneys are insufficient to meet the need for such services due to	15409
the successive failure within a two-year period of three or more	15410
proposed levies for the services;	15411

(7) Contracts with providers of residential services to	15412
maintain persons with mental retardation and developmental	15413
disabilities in their programs and avoid institutionalization.	15414

(C) If the trust fund contains more than ten million dollars	15415
on the first day of July the director shall use one million	15416
dollars for payments under section 5126.18 of the Revised Code,	15417
two million dollars for subsidies to county boards for supported	15418
living, and one million dollars for subsidies to county boards	15419
for early childhood services and adult services provided under	15420
section 5126.05 of the Revised Code. Distributions of funds under	15421
this division shall be made prior to August 31 of the state fiscal	15422
year in which the funds are available. The funds shall be	15423
allocated to a county board in an amount equal to the same	15424
percentage of the total amount allocated to the county board the	15425
immediately preceding state fiscal year.	15426

(D) In addition to making grants under division (A) of this	15427
section, the director may use money available in the trust fund	15428
for the same purposes that rules adopted under section 5123.0413	15429
of the Revised Code provide for money in the state MR/DD risk fund	15430
and the state insurance against MR/DD risk fund, both created	15431
under that section, to be used.	15432

Sec. 5126.20. As used in this section and sections 5126.21	15433
to 5126.29 of the Revised Code:	15434

(A) "Service employee" means a person employed by a county	15435
board of ~~mental retardation and~~ developmental disabilities in a	15436
position which may require evidence of registration under section	15437
5126.25 of the Revised Code but for which a bachelor's degree from	15438
an accredited college or university is not required, and includes	15439
employees in the positions listed in division (C) of section	15440
5126.22 of the Revised Code.	15441

(B)(1) "Professional employee" means both of the following:

15442

(a) A person employed by a board in a position for which	15443
either a bachelor's degree from an accredited college or	15444
university or a license or certificate issued under Title XLVII of	15445
the Revised Code is a minimum requirement;	15446

(b) A person employed by a board as a conditional status	15447
service and support administrator.	15448

(2) "Professional employee" includes employees in the	15449
positions listed in division (B) of section 5126.22 of the Revised	15450
Code.	15451

(C) "Management employee" means a person employed by a board	15452
in a position having supervisory or managerial responsibilities	15453
and duties, and includes employees in the positions listed in	15454
division (A) of section 5126.22 of the Revised Code.	15455

(D) "Limited contract" means a contract of limited duration	15456
which is renewable at the discretion of the superintendent.	15457

(E) "Continuing contract" means a contract of employment that	15458
was issued prior to June 24, 1988, to a classified employee under	15459
which the employee has completed the employee's probationary	15460
period and under which the employee retains employment until the	15461
employee retires or resigns, is removed pursuant to section	15462
5126.23 of the Revised Code, or is laid off.	15463

(F) "Supervisory responsibilities and duties" includes the	15464
authority to hire, transfer, suspend, lay off, recall, promote,	15465
discharge, assign, reward, or discipline other employees of the	15466
board; to responsibly direct them; to adjust their grievances; or	15467
to effectively recommend such action, if the exercise of that	15468
authority is not of a merely routine or clerical nature but	15469
requires the use of independent judgment.	15470

(G) "Managerial responsibilities and duties" includes	15471
formulating policy on behalf of the board, responsibly directing	15472
the implementation of policy, assisting in the preparation for the	15473
conduct of collective negotiations, administering collectively	15474
negotiated agreements, or having a major role in personnel	15475
administration.	15476

(H) "Investigative agent" means an individual who conducts	15477
investigations under section 5126.313 of the Revised Code.	15478

Sec. 5126.201. A person may be employed by a county board of	15479
~~mental retardation and~~ developmental disabilities as a conditional	15480
status service and support administrator only if either of the	15481
following is true:	15482

(A) The person has at least an appropriate associate degree;

15483

(B) The person meets both of the following requirements:

15484

(1) The person was employed by the county board and performed	15485
service and support administration duties on June 30, 2005;	15486

(2) The person holds a high school diploma or a general	15487
educational development certificate of high school equivalence.	15488

Sec. 5126.21. As used in this section, "management employee"	15489
does not include the superintendent of a county board of ~~mental~~	15490
~~retardation and~~ developmental disabilities.	15491

(A)(1) Each management employee of a county board of ~~mental~~	15492
~~retardation and~~ developmental disabilities shall hold a limited	15493
contract for a period of not less than one year and not more than	15494
five years, except that a management employee hired after the	15495
beginning of a program year may be employed under a limited	15496
contract expiring at the end of the program year. The board shall	15497
approve all contracts of employment for management employees that	15498
are for a term of more than one year. A management employee shall	15499
receive notice of the superintendent's intention not to rehire the	15500
employee at least ninety days prior to the expiration of the	15501
contract. If the superintendent fails to notify a management	15502
employee, the employee shall be reemployed under a limited	15503
contract of one year at the same salary plus any authorized salary	15504
increases.	15505

(2) During the term of a contract a management employee's	15506
salary may be increased, but shall not be reduced unless the	15507
reduction is part of a uniform plan affecting all employees of the	15508
board.	15509

(B) All management employees may be removed, suspended, or	15510
demoted for cause pursuant to section 5126.23 of the Revised Code.	15511

(C) All management employees shall receive employee benefits	15512
that shall include sick leave, vacation leave, holiday pay, and	15513
such other benefits as are established by the board. Sections	15514
124.38 and 325.19 of the Revised Code do not apply to management	15515
employees.	15516

(D) The superintendent of a county board of ~~mental~~	15517
~~retardation and~~ developmental disabilities shall notify all	15518
management employees of the board of their salary no later than	15519
thirty days before the first day of the new contract year.	15520

(E) All management employees of a county board of ~~mental~~	15521
~~retardation and~~ developmental disabilities who were given	15522
continuing contract status prior to the effective date of this	15523
section have continuing contract status so long as they maintain	15524
employment with the board.	15525

(F) All management employees who were probationary employees	15526
on the effective date of this section shall, upon completion of	15527
their probationary period, be granted continuing contract status	15528
if retained in employment.	15529

(G) Each county board of ~~mental retardation and~~ developmental	15530
disabilities shall establish a lay-off policy to be followed if it	15531
determines a reduction in the number of management employees is	15532
necessary.	15533

Sec. 5126.22. (A) Employees who hold the following positions	15534
in a county board of ~~mental retardation and~~ developmental	15535
disabilities are management employees:	15536

assistant superintendent

15537

director of business

15538

director of personnel

15539

adult services director

15540

workshop director

15541

habilitation manager

15542

director of residential services

15543

principal (director of children services)

15544

program or service supervisor

15545

plant manager

15546

production manager

15547

service and support administration supervisor

15548

investigative agent

15549

confidential employees as defined in section 4117.01 of the	15550
Revised Code	15551

positions designated by the director of mental retardation	15552
and developmental disabilities as having managerial or supervisory	15553
responsibilities and duties	15554

positions designated by the county board in accordance with	15555
division (D) of this section.	15556

(B) Employees who hold the following positions in a board are	15557
professional employees:	15558

personnel certified pursuant to Chapter 3319. of the Revised	15559
Code	15560

early intervention specialist

15561

physical development specialist

15562

habilitation specialist

15563

work adjustment specialist

15564

placement specialist

15565

vocational evaluator

15566

psychologist

15567

occupational therapist

15568

speech and language pathologist

15569

recreation specialist

15570

behavior management specialist

15571

physical therapist

15572

supportive home services specialist

15573

licensed practical nurse or registered nurse

15574

rehabilitation counselor

15575

doctor of medicine and surgery or of osteopathic medicine and	15576
surgery	15577

dentist

15578

service and support administrator

15579

conditional status service and support administrator

15580

social worker

15581

any position that is not a management position and for which	15582
the standards for certification established by the director of	15583
mental retardation and developmental disabilities under section	15584
5126.25 of the Revised Code require a bachelor's or higher degree	15585

professional positions designated by the director

15586

professional positions designated by the county board in	15587
accordance with division (D) of this section.	15588

(C) Employees who hold positions in a board that are neither	15589
management positions nor professional positions are service	15590
employees. Service employee positions include:	15591

workshop specialist

15592

workshop specialist assistant

15593

contract procurement specialist

15594

community employment specialist

15595

any assistant to a professional employee certified to	15596
provide, or supervise the provision of, adult services or service	15597
and support administration	15598

service positions designated by the director

15599

service positions designated by a county board in accordance	15600
with division (D) of this section.	15601

(D) A county board may designate a position only if the	15602
position does not include directly providing, or supervising	15603
employees who directly provide, service or instruction to	15604
individuals with mental retardation or developmental disabilities.	15605

(E) If a county board desires to have a position established	15606
that is not specifically listed in this section that includes	15607
directly providing, or supervising employees who directly provide,	15608
services or instruction to individuals with mental retardation or	15609
developmental disabilities, the board shall submit to the director	15610
a written description of the position and request that the	15611
director designate the position as a management, professional, or	15612
service position under this section. The director shall consider	15613
each request submitted under this division and respond within	15614
thirty days. If the director approves the request, the director	15615
shall designate the position as a management, professional, or	15616
service position.	15617

(F) A county board shall not terminate its employment of any	15618
management, professional, or service employee solely because a	15619
position is added to or eliminated from those positions listed in	15620
this section or because a position is designated or no longer	15621
designated by the director or a county board.	15622

Sec. 5126.221. Each county board of ~~mental retardation and~~	15623
developmental disabilities shall employ at least one investigative	15624
agent or contract with a person or government entity, including	15625
another county board of ~~mental retardation and~~ developmental	15626
disabilities or a regional council established under section	15627
5126.13 of the Revised Code, for the services of an investigative	15628
agent. Neither a county board nor a person or government entity	15629
with which a county board contracts for the services of an	15630
investigative agent shall assign any duties to an investigative	15631
agent other than conducting investigations under section 5126.313	15632
of the Revised Code.	15633

All investigative agents shall be trained in civil and	15634
criminal investigatory practices. The person responsible for	15635
supervising the work of the investigative agents shall report	15636
directly to a county board's superintendent regarding the	15637
investigative agents.	15638

No investigative agent shall do anything that interferes with	15639
the investigative agent's objectivity in conducting investigations	15640
under section 5126.313 of the Revised Code.	15641

Sec. 5126.23. (A) As used in this section, "employee" means	15642
a management employee or superintendent of a county board of	15643
~~mental retardation and~~ developmental disabilities.	15644

(B) An employee may be removed, suspended, or demoted in	15645
accordance with this section for violation of written rules set	15646
forth by the board or for incompetency, inefficiency, dishonesty,	15647
drunkenness, immoral conduct, insubordination, discourteous	15648
treatment of the public, neglect of duty, or other acts of	15649
misfeasance, malfeasance, or nonfeasance.	15650

(C) Prior to the removal, suspension, or demotion of an	15651
employee pursuant to this section, the employee shall be notified	15652
in writing of the charges against ~~him~~the employee. Except as	15653
otherwise provided in division (H) of this section, not later than	15654
thirty days after receiving such notification, a predisciplinary	15655
conference shall be held to provide the employee an opportunity to	15656
refute the charges against ~~him~~the employee. At least seventy-two	15657
hours prior to the conference, the employee shall be given a copy	15658
of the charges against ~~him~~the employee.	15659

If the removal, suspension, or demotion action is directed	15660
against a management employee, the conference shall be held by the	15661
superintendent or a person hethe superintendent designates, and	15662
the superintendent shall notify the management employee within	15663
fifteen days after the conference of the decision made with	15664
respect to the charges. If the removal, suspension, or demotion	15665
action is directed against a superintendent, the conference shall	15666
be held by the members of the board or their designees, and the	15667
board shall notify the superintendent within fifteen days after	15668
the conference of its decision with respect to the charges.	15669

(D) Within fifteen days after receiving notification of the	15670
results of the predisciplinary conference, an employee may file	15671
with the board a written demand for a hearing before the board or	15672
before a referee, and the board shall set a time for the hearing	15673
which shall be within thirty days from the date of receipt of the	15674
written demand, and the board shall give the employee at least	15675
twenty days notice in writing of the time and place of the	15676
hearing.	15677

(E) If a referee is demanded by an employee or a county	15678
board, the hearing shall be conducted by a referee selected in	15679
accordance with division (F) of this section; otherwise, it shall	15680
be conducted by a majority of the members of the board and shall	15681
be confined to the charges enumerated at the predisciplinary	15682
conference.	15683

(F) Referees for the hearings required by this section shall	15684
be selected from the list of names compiled by the superintendent	15685
of public instruction pursuant to section 3319.161 of the Revised	15686
Code. Upon receipt of notice that a referee has been demanded by	15687
an employee or a county board, the superintendent of public	15688
instruction shall immediately designate three persons from such	15689
list, from whom the referee for the hearing shall be chosen, and	15690
hethe superintendent of public instruction shall immediately	15691
notify the designees, the county board, and the employee. If	15692
within five days of receipt of the notice, the county board and	15693
employee are unable to agree upon one of the designees to serve as	15694
referee, the superintendent of public instruction shall appoint	15695
one of the designees to serve as referee. The appointment of the	15696
referee shall be entered in the minutes of the county board. The	15697
referee appointed shall be paid ~~his~~the referee's usual and	15698
customary fee for attending the hearing which shall be paid from	15699
the general fund of the county board of ~~mental retardation and~~	15700
developmental disabilities.	15701

(G) The board shall provide for a complete stenographic	15702
record of the proceedings, and a copy of the record shall be	15703
furnished to the employee.	15704

Both parties may be present at the hearing, be represented by	15705
counsel, require witnesses to be under oath, cross-examine	15706
witnesses, take a record of the proceedings, and require the	15707
presence of witnesses in their behalf upon subpoena to be issued	15708
by the county board. If any person fails to comply with a	15709
subpoena, a judge of the court of common pleas of the county in	15710
which the person resides, upon application of any interested	15711
party, shall compel attendance of the person by attachment	15712
proceedings as for contempt. Any member of the board or the	15713
referee may administer oaths to witnesses. After a hearing by a	15714
referee, the referee shall file ~~his~~a report within ten days after	15715
the termination of the hearing. After consideration of the	15716
referee's report, the board, by a majority vote, may accept or	15717
reject the referee's recommendation. After a hearing by the board,	15718
the board, by majority vote, may enter its determination upon its	15719
minutes. If the decision, after hearing, is in favor of the	15720
employee, the charges and the record of the hearing shall be	15721
physically expunged from the minutes and, if the employee has	15722
suffered any loss of salary by reason of being suspended, hethe	15723
employee shall be paid ~~his~~the employee's full salary for the	15724
period of such suspension.	15725

Any employee affected by a determination of the board under	15726
this division may appeal to the court of common pleas of the	15727
county in which the board is located within thirty days after	15728
receipt of notice of the entry of such determination. The appeal	15729
shall be an original action in the court and shall be commenced by	15730
the filing of a complaint against the board, in which complaint	15731
the facts shall be alleged upon which the employee relies for a	15732
reversal or modification of such determination. Upon service or	15733
waiver of summons in that appeal, the board immediately shall	15734
transmit to the clerk of the court for filing a transcript of the	15735
original papers filed with the board, a certified copy of the	15736
minutes of the board into which the determination was entered, and	15737
a certified transcript of all evidence adduced at the hearing or	15738
hearings before the board or a certified transcript of all	15739
evidence adduced at the hearing or hearings before the referee,	15740
whereupon the cause shall be at issue without further pleading and	15741
shall be advanced and heard without delay. The court shall examine	15742
the transcript and record of the hearing and shall hold such	15743
additional hearings as it considers advisable, at which it may	15744
consider other evidence in addition to the transcript and record.	15745

Upon final hearing, the court shall grant or deny the relief	15746
prayed for in the complaint as may be proper in accordance with	15747
the evidence adduced in the hearing. Such an action is a special	15748
proceeding, and either the employee or the board may appeal from	15749
the decision of the court of common pleas pursuant to the Rules of	15750
Appellate Procedure and, to the extent not in conflict with those	15751
rules, Chapter 2505. of the Revised Code.	15752

(H) Notwithstanding divisions (C) to (G) of this section, a	15753
county board and an employee may agree to submit issues regarding	15754
the employee's removal, suspension, or demotion to binding	15755
arbitration. The terms of the submission, including the method of	15756
selecting the arbitrator or arbitrators and the responsibility for	15757
compensating the arbitrator, shall be provided for in the	15758
arbitration agreement. The arbitrator shall be selected within	15759
fifteen days of the execution of the agreement. Chapter 2711. of	15760
the Revised Code governs the arbitration proceedings.	15761

Sec. 5126.24. (A) As used in this section:

15762

(1) "License" means an educator license issued by the state	15763
board of education under section 3319.22 of the Revised Code or a	15764
certificate issued by the department of mental retardation and	15765
developmental disabilities.	15766

(2) "Teacher" means a person employed by a county board of	15767
~~mental retardation and~~ developmental disabilities in a position	15768
that requires a license.	15769

(3) "Nonteaching employee" means a person employed by a	15770
county board of ~~mental retardation and~~ developmental disabilities	15771
in a position that does not require a license.	15772

(4) "Years of service" includes all service described in	15773
division (A) of section 3317.13 of the Revised Code.	15774

(B) Subject to rules established by the director of mental	15775
retardation and developmental disabilities pursuant to Chapter	15776
119. of the Revised Code, each county board of ~~mental retardation~~	15777
~~and~~ developmental disabilities shall annually adopt separate	15778
salary schedules for teachers and nonteaching employees.	15779

(C) The teachers' salary schedule shall provide for	15780
increments based on training and years of service. The board may	15781
establish its own service requirements provided no teacher	15782
receives less than the salary the teacher would be paid under	15783
section 3317.13 of the Revised Code if the teacher were employed	15784
by a school district board of education and provided full credit	15785
for a minimum of five years of actual teaching and military	15786
experience as defined in division (A) of such section is given to	15787
each teacher.	15788

Each teacher who has completed training that would qualify	15789
the teacher for a higher salary bracket pursuant to this section	15790
shall file by the fifteenth day of September with the fiscal	15791
officer of the board, satisfactory evidence of the completion of	15792
such additional training. The fiscal officer shall then	15793
immediately place the teacher, pursuant to this section, in the	15794
proper salary bracket in accordance with training and years of	15795
service. No teacher shall be paid less than the salary to which	15796
the teacher would be entitled under section 3317.13 of the Revised	15797
Code if the teacher were employed by a school district board of	15798
education.	15799

The superintendent of each county board, on or before the	15800
fifteenth day of October of each year, shall certify to the state	15801
board of education the name of each teacher employed, on an annual	15802
salary, in each special education program operated pursuant to	15803
section 3323.09 of the Revised Code during the first full school	15804
week of October. The superintendent further shall certify, for	15805
each teacher, the number of years of training completed at a	15806
recognized college, the degrees earned from a college recognized	15807
by the state board, the type of license held, the number of months	15808
employed by the board, the annual salary, and other information	15809
that the state board may request.	15810

(D) The nonteaching employees' salary schedule established by	15811
the board shall be based on training, experience, and	15812
qualifications with initial salaries no less than salaries in	15813
effect on July 1, 1985. Each board shall prepare and may amend	15814
from time to time, specifications descriptive of duties,	15815
responsibilities, requirements, and desirable qualifications of	15816
the classifications of employees required to perform the duties	15817
specified in the salary schedule. All nonteaching employees shall	15818
be notified of the position classification to which they are	15819
assigned and the salary for the classification. The compensation	15820
of all nonteaching employees working for a particular board shall	15821
be uniform for like positions except as compensation would be	15822
affected by salary increments based upon length of service.	15823

On the fifteenth day of October of each year the nonteaching	15824
employees' salary schedule and list of job classifications and	15825
salaries in effect on that date shall be filed by each board with	15826
the superintendent of public instruction. If such salary schedule	15827
and classification plan is not filed, the superintendent of public	15828
instruction shall order the board to file such schedule and list	15829
forthwith. If this condition is not corrected within ten days	15830
after receipt of the order from the superintendent, no money shall	15831
be distributed to the district under Chapter 3317. of the Revised	15832
Code until the superintendent has satisfactory evidence of the	15833
board's full compliance with such order.	15834

Sec. 5126.25. (A) The director of mental retardation and	15835
developmental disabilities shall adopt rules in accordance with	15836
Chapter 119. of the Revised Code establishing uniform standards	15837
and procedures for the certification of persons for employment by	15838
county boards of ~~mental retardation and~~ developmental disabilities	15839
as superintendents, management employees, and professional	15840
employees and uniform standards and procedures for the	15841
registration of persons for employment by county boards as	15842
registered service employees. As part of the rules, the director	15843
may establish continuing education and professional training	15844
requirements for renewal of certificates and evidence of	15845
registration and shall establish such requirements for renewal of	15846
an investigative agent certificate. In the rules, the director	15847
shall establish certification standards for employment in the	15848
position of investigative agent that require an individual to have	15849
or obtain no less than an associate degree from an accredited	15850
college or university or have or obtain comparable experience or	15851
training. The director shall not adopt rules that require any	15852
service employee to have or obtain a bachelor's or higher degree.	15853

The director shall adopt the rules in a manner that provides	15854
for the issuance of certificates and evidence of registration	15855
according to categories, levels, and grades. The rules shall	15856
describe each category, level, and grade.	15857

The rules adopted under this division shall apply to persons	15858
employed or seeking employment in a position that includes	15859
directly providing, or supervising persons who directly provide,	15860
services or instruction to or on behalf of individuals with mental	15861
retardation or developmental disabilities, except that the rules	15862
shall not apply to persons who hold a valid license issued under	15863
Chapter 3319. of the Revised Code and perform no duties other than	15864
teaching or supervision of a teaching program or persons who hold	15865
a valid license or certificate issued under Title XLVII of the	15866
Revised Code and perform only those duties governed by the license	15867
or certificate. The rules shall specify the positions that require	15868
certification or registration. The rules shall specify that the	15869
position of investigative agent requires certification.	15870

(B) The director shall adopt rules in accordance with Chapter	15871
119. of the Revised Code establishing standards for approval of	15872
courses of study to prepare persons to meet certification	15873
requirements. The director shall approve courses of study meeting	15874
the standards and provide for the inspection of the courses to	15875
ensure the maintenance of satisfactory training procedures. The	15876
director shall approve courses of study only if given by a state	15877
university or college as defined in section 3345.32 of the Revised	15878
Code, a state university or college of another state, or an	15879
institution that has received a certificate of authorization to	15880
confer degrees from the board of regents pursuant to Chapter 1713.	15881
of the Revised Code or from a comparable agency of another state.	15882

(C) Each applicant for a certificate for employment or	15883
evidence of registration for employment by a county board shall	15884
apply to the department of mental retardation and developmental	15885
disabilities on forms that the director of the department shall	15886
prescribe and provide. The application shall be accompanied by the	15887
application fee established in rules adopted under this section.	15888

(D) The director shall issue a certificate for employment to	15889
each applicant who meets the standards for certification	15890
established under this section and shall issue evidence of	15891
registration for employment to each applicant who meets the	15892
standards for registration established under this section. Each	15893
certificate or evidence of registration shall state the category,	15894
level, and grade for which it is issued.	15895

The director shall issue, renew, deny, suspend, or revoke	15896
certificates and evidence of registration in accordance with rules	15897
adopted under this section. The director shall deny, suspend, or	15898
revoke a certificate or evidence of registration if the director	15899
finds, pursuant to an adjudication conducted in accordance with	15900
Chapter 119. of the Revised Code, that the applicant for or holder	15901
of the certificate or evidence of registration is guilty of	15902
intemperate, immoral, or other conduct unbecoming to the	15903
applicant's or holder's position, or is guilty of incompetence or	15904
negligence within the scope of the applicant's or holder's duties.	15905
The director shall deny or revoke a certificate or evidence of	15906
registration if the director finds, pursuant to an adjudication	15907
conducted in accordance with Chapter 119. of the Revised Code,	15908
that the applicant for or holder of the certificate or evidence of	15909
registration has been convicted of or pleaded guilty to any of the	15910
offenses described in division (E) of section 5126.28 of the	15911
Revised Code, unless the individual meets standards for	15912
rehabilitation that the director establishes in the rules adopted	15913
under that section. Evidence supporting such allegations shall be	15914
presented to the director in writing and the director shall	15915
provide prompt notice of the allegations to the person who is the	15916
subject of the allegations. A denial, suspension, or revocation	15917
may be appealed in accordance with procedures the director shall	15918
establish in the rules adopted under this section.	15919

(E)(1) A person holding a valid certificate under this	15920
section on the effective date of any rules adopted under this	15921
section that increase certification standards shall have such	15922
period as the rules prescribe, but not less than one year after	15923
the effective date of the rules, to meet the new certification	15924
standards.	15925

A person who is registered under this section on the	15926
effective date of any rule that changes the standards adopted	15927
under this section shall have such period as the rules prescribe,	15928
but not less than one year, to meet the new registration	15929
standards.	15930

(2) If an applicant for a certificate for employment has not	15931
completed the courses of instruction necessary to meet the	15932
department's standards for certification, the department shall	15933
inform the applicant of the courses the applicant must	15934
successfully complete to meet the standards and shall specify the	15935
time within which the applicant must complete the courses. The	15936
department shall grant the applicant at least one year to complete	15937
the courses and shall not require the applicant to complete more	15938
than four courses in any one year. The applicant is not subject to	15939
any changes regarding the courses required for certification that	15940
are made after the department informs the applicant of the courses	15941
the applicant must complete, unless the applicant does not	15942
successfully complete the courses within the time specified by the	15943
department.	15944

(F) A person who holds a certificate or evidence of	15945
registration, other than one designated as temporary, is qualified	15946
to be employed according to that certificate or evidence of	15947
registration by any county board.	15948

(G) The director shall monitor county boards to ensure that	15949
their employees who must be certified or registered are	15950
appropriately certified or registered and performing those	15951
functions they are authorized to perform under their certificate	15952
or evidence of registration.	15953

(H) A county board superintendent or the superintendent's	15954
designee may certify to the director that county board employees	15955
who are required to meet continuing education or professional	15956
training requirements as a condition of renewal of certificates or	15957
evidence of registration have met the requirements. The	15958
superintendent or the superintendent's designee shall maintain in	15959
appropriate personnel files evidence acceptable to the director	15960
that the employees have met the requirements and permit	15961
representatives of the department access to the evidence on	15962
request.	15963

(I) All fees collected pursuant to this section shall be	15964
deposited in the state treasury to the credit of the program fee	15965
fund created under section 5123.033 of the Revised Code.	15966

(J) Employees of entities that contract with county boards of	15967
~~mental retardation and~~ developmental disabilities to operate	15968
programs and services for individuals with mental retardation and	15969
developmental disabilities are subject to the certification and	15970
registration requirements established under section 5123.082 of	15971
the Revised Code.	15972

Sec. 5126.252. Notwithstanding sections 5123.082, 5126.25,	15973
and 5126.26 of the Revised Code, the department of mental	15974
retardation and developmental disabilities may authorize county	15975
boards of ~~mental retardation and~~ developmental disabilities to	15976
establish and administer in their counties programs for the	15977
certification and registration of persons for employment by the	15978
boards. A certificate or evidence of registration issued by a	15979
board participating in programs under this section shall have the	15980
same force and effect as a certificate or evidence of registration	15981
issued by the department under section 5123.082 or 5126.25 of the	15982
Revised Code.	15983

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

15984

(1) "Conduct unbecoming to the teaching profession" shall be	15985
as described in rules adopted by the state board of education.	15986

(2) "Intervention in lieu of conviction" means intervention	15987
in lieu of conviction under section 2951.041 of the Revised Code.	15988

(3) "License" has the same meaning as in section 3319.31 of	15989
the Revised Code.	15990

(4) "Pre-trial diversion program" means a pre-trial diversion	15991
program under section 2935.36 of the Revised Code or a similar	15992
diversion program under rules of a court.	15993

(B) The superintendent of each county board of ~~mental~~	15994
~~retardation and~~ developmental disabilities or the president of the	15995
board, if division (C) of this section applies, shall promptly	15996
submit to the superintendent of public instruction the	15997
information prescribed in division (D) of this section when any	15998
of the following conditions applies to an employee of the board	15999
who holds a license issued by the state board of education:	16000

(1) The superintendent or president knows that the employee	16001
has pleaded guilty to, has been found guilty by a jury or court	16002
of, has been convicted of, has been found to be eligible for	16003
intervention in lieu of conviction for, or has agreed to	16004
participate in a pre-trial diversion program for an offense	16005
described in division (B)(2) or (C) of section 3319.31 or	16006
division (B)(1) of section 3319.39 of the Revised Code.	16007

(2) The board has initiated termination or nonrenewal	16008
proceedings against, has terminated, or has not renewed the	16009
contract of the employee because the board has reasonably	16010
determined that the employee has committed an act unbecoming to	16011
the teaching profession or an offense described in division (B)(2)	16012
or (C) of section 3319.31 or division (B)(1) of section 3319.39 of	16013
the Revised Code.	16014

(3) The employee has resigned under threat of termination or	16015
nonrenewal as described in division (B)(2) of this section.	16016

(4) The employee has resigned because of or in the course of	16017
an investigation by the board regarding whether the employee has	16018
committed an act unbecoming to the teaching profession or an	16019
offense described in division (B)(2) or (C) of section 3319.31 or	16020
division (B)(1) of section 3319.39 of the Revised Code.	16021

(C) If the employee to whom any of the conditions prescribed	16022
in divisions (B)(1) to (4) of this section applies is the	16023
superintendent of a county board of ~~mental retardation and~~	16024
developmental disabilities, the president of the board shall make	16025
the report required under this section.	16026

(D) If a report is required under this section, the	16027
superintendent or president shall submit to the superintendent of	16028
public instruction the name and social security number of the	16029
employee about whom information is required and a factual	16030
statement regarding any of the conditions prescribed in divisions	16031
(B)(1) to (4) of this section that applies to the employee.	16032

(E) A determination made by the board as described in	16033
division (B)(2) of this section or a termination, nonrenewal,	16034
resignation, or other separation described in divisions (B)(2) to	16035
(4) of this section does not create a presumption of the	16036
commission or lack of the commission by the employee of an act	16037
unbecoming to the teaching profession or an offense described in	16038
division (B)(2) or (C) of section 3319.31 or division (B)(1) of	16039
section 3319.39 of the Revised Code.	16040

(F) No individual required to submit a report under division	16041
(B) of this section shall knowingly fail to comply with that	16042
division.	16043

(G) An individual who provides information to the	16044
superintendent of public instruction in accordance with this	16045
section in good faith shall be immune from any civil liability	16046
that otherwise might be incurred or imposed for injury, death, or	16047
loss to person or property as a result of the provision of that	16048
information.	16049

Sec. 5126.254. The superintendent of each county board of	16050
~~mental retardation and~~ developmental disabilities shall require	16051
that the reports of any investigation by the board of an employee	16052
regarding whether the employee has committed an act or offense for	16053
which the superintendent is required to make a report to the	16054
superintendent of public instruction under section 5126.253 of the	16055
Revised Code be kept in the employee's personnel file. If, after	16056
an investigation under division (A) of section 3319.311 of the	16057
Revised Code, the superintendent of public instruction determines	16058
that the results of that investigation do not warrant initiating	16059
action under section 3319.31 of the Revised Code, the	16060
superintendent of the county board shall require the reports of	16061
the board's investigation to be moved from the employee's	16062
personnel file to a separate public file.	16063

Sec. 5126.26. Except as otherwise provided in this section	16064
and section 5126.27 of the Revised Code, no person shall be	16065
employed or compensated by a county board of ~~mental retardation~~	16066
~~and~~ developmental disabilities if hethe person does not hold the	16067
certificate, evidence of registration, or license required for the	16068
position under the rules of the department or the department of	16069
education, but the superintendent of a county board may employ,	16070
and the board shall compensate, a person pending the issuance of	16071
an initial certificate or registration if hethe person meets the	16072
requirements for certification or registration, hethe person has	16073
applied for certification or registration, and the application has	16074
not been denied. A person's employment shall be terminated if a	16075
required license, certificate, or registration is denied,	16076
permanently revoked, or not renewed.	16077

Sec. 5126.27. (A) A county board of ~~mental retardation and~~	16078
developmental disabilities shall allow a professional employee	16079
hired by the board prior to July 17, 1990, who does not meet the	16080
standards for certification established under section 5126.25 of	16081
the Revised Code for the position he holds on July 17, 1990, to	16082
elect to do one of the following:	16083

(1) Accept a position with the board, if such a position is	16084
available, for which hethe employee meets the certification	16085
standards;	16086

(2) Remain in the position hethe employee holds on July 17,	16087
1990, and comply with the provisions of a professional development	16088
plan prescribed by the director of mental retardation and	16089
developmental disabilities under division (B) of this section.	16090

If the employee accepts a position under division (A)(1) of	16091
this section, ~~his~~the employee's compensation shall be not less	16092
than the compensation hethe employee received in the position he	16093
the employee held on July 17, 1990.	16094

(B) If an employee elects the option described in division	16095
(A)(2) of this section, the board shall notify the department. The	16096
director shall issue a temporary certificate to the employee for	16097
the position hethe employee holds and develop a professional	16098
development plan for ~~him~~the employee. The temporary certificate	16099
shall be valid only during the period required for completion of	16100
the professional development plan and only while the employee is	16101
employed by the board by which hethe employee was employed on	16102
July 17, 1990. The plan shall specify the coursework the employee	16103
must successfully complete and any other requirements for	16104
certification and the schedule for completion of the plan, except:	16105

(1) The plan shall not require that the employee complete	16106
more than six semester hours, or the equivalent, of coursework in	16107
any twelve-month period;	16108

(2) All coursework must be completed at an accredited college	16109
or university recognized by the department;	16110

(3) The plan shall not require the employee to complete more	16111
than sixty semester hours, or the equivalent, of coursework, or to	16112
obtain a bachelor's or higher degree if a greater number of hours	16113
of coursework would be required to do so.	16114

Notwithstanding any standards for certification established	16115
by the director under section 5126.25 of the Revised Code, if the	16116
employee successfully completes the professional development plan	16117
within the time specified, the director shall grant ~~him~~the	16118
employee the appropriate certificate for the position hethe	16119
employer holds.	16120

Sec. 5126.28. (A) As used in this section:

16121

(1) "Applicant" means a person who is under final	16122
consideration for appointment to or employment in a position with	16123
a county board of ~~mental retardation and~~ developmental	16124
disabilities, including, but not limited to, a person who is being	16125
transferred to the county board and an employee who is being	16126
recalled or reemployed after a layoff.	16127

(2) "Criminal records check" has the same meaning as in	16128
section 109.572 of the Revised Code.	16129

(3) "Minor drug possession offense" has the same meaning as	16130
in section 2925.01 of the Revised Code.	16131

(B) The superintendent of a county board of ~~mental~~	16132
~~retardation and~~ developmental disabilities shall request the	16133
superintendent of the bureau of criminal identification and	16134
investigation to conduct a criminal records check with respect to	16135
any applicant who has applied to the board for employment in any	16136
position, except that a county board superintendent is not	16137
required to request a criminal records check for an employee of	16138
the board who is being considered for a different position or is	16139
returning after a leave of absence or seasonal break in	16140
employment, as long as the superintendent has no reason to believe	16141
that the employee has committed any of the offenses listed or	16142
described in division (E) of this section.	16143

If the applicant does not present proof that the applicant	16144
has been a resident of this state for the five-year period	16145
immediately prior to the date upon which the criminal records	16146
check is requested, the county board superintendent shall request	16147
that the superintendent of the bureau obtain information from the	16148
federal bureau of investigation as a part of the criminal records	16149
check for the applicant. If the applicant presents proof that the	16150
applicant has been a resident of this state for that five-year	16151
period, the county board superintendent may request that the	16152
superintendent of the bureau include information from the federal	16153
bureau of investigation in the criminal records check. For	16154
purposes of this division, an applicant may provide proof of	16155
residency in this state by presenting, with a notarized statement	16156
asserting that the applicant has been a resident of this state for	16157
that five-year period, a valid driver's license, notification of	16158
registration as an elector, a copy of an officially filed federal	16159
or state tax form identifying the applicant's permanent residence,	16160
or any other document the superintendent considers acceptable.	16161

(C) The county board superintendent shall provide to each	16162
applicant a copy of the form prescribed pursuant to division	16163
(C)(1) of section 109.572 of the Revised Code, provide to each	16164
applicant a standard impression sheet to obtain fingerprint	16165
impressions prescribed pursuant to division (C)(2) of section	16166
109.572 of the Revised Code, obtain the completed form and	16167
impression sheet from each applicant, and forward the completed	16168
form and impression sheet to the superintendent of the bureau of	16169
criminal identification and investigation at the time the criminal	16170
records check is requested.	16171

Any applicant who receives pursuant to this division a copy	16172
of the form prescribed pursuant to division (C)(1) of section	16173
109.572 of the Revised Code and a copy of an impression sheet	16174
prescribed pursuant to division (C)(2) of that section and who is	16175
requested to complete the form and provide a set of fingerprint	16176
impressions shall complete the form or provide all the information	16177
necessary to complete the form and shall provide the impression	16178
sheet with the impressions of the applicant's fingerprints. If an	16179
applicant, upon request, fails to provide the information	16180
necessary to complete the form or fails to provide impressions of	16181
the applicant's fingerprints, the county board superintendent	16182
shall not employ that applicant.	16183

(D) A county board superintendent may request any other state	16184
or federal agency to supply the board with a written report	16185
regarding the criminal record of each applicant. With regard to an	16186
applicant who becomes a board employee, if the employee holds an	16187
occupational or professional license or other credentials, the	16188
superintendent may request that the state or federal agency that	16189
regulates the employee's occupation or profession supply the board	16190
with a written report of any information pertaining to the	16191
employee's criminal record that the agency obtains in the course	16192
of conducting an investigation or in the process of renewing the	16193
employee's license or other credentials.	16194

(E) Except as provided in division (K)(2) of this section and	16195
in rules adopted by the department of mental retardation and	16196
developmental disabilities in accordance with division (M) of this	16197
section, no county board of ~~mental retardation and~~ developmental	16198
disabilities shall employ a person to fill a position with the	16199
board who has been convicted of or pleaded guilty to any of the	16200
following:	16201

(1) A violation of section 2903.01, 2903.02, 2903.03,	16202
2903.04, 2903.11, 2903.12, 2903.13, 2903.16, 2903.21, 2903.34,	16203
2903.341, 2905.01, 2905.02, 2905.05, 2907.02, 2907.03, 2907.04,	16204
2907.05, 2907.06, 2907.07, 2907.08, 2907.09, 2907.21, 2907.22,	16205
2907.23, 2907.25, 2907.31, 2907.32, 2907.321, 2907.322, 2907.323,	16206
2911.01, 2911.02, 2911.11, 2911.12, 2919.12, 2919.22, 2919.24,	16207
2919.25, 2923.12, 2923.13, 2923.161, 2925.02, 2925.03, 2925.04,	16208
2925.05, 2925.06, or 3716.11 of the Revised Code, a violation of	16209
section 2905.04 of the Revised Code as it existed prior to July 1,	16210
1996, a violation of section 2919.23 of the Revised Code that	16211
would have been a violation of section 2905.04 of the Revised Code	16212
as it existed prior to July 1, 1996, had the violation occurred	16213
prior to that date, a violation of section 2925.11 of the Revised	16214
Code that is not a minor drug possession offense, or felonious	16215
sexual penetration in violation of former section 2907.12 of the	16216
Revised Code;	16217

(2) A felony contained in the Revised Code that is not listed	16218
in this division, if the felony bears a direct and substantial	16219
relationship to the duties and responsibilities of the position	16220
being filled;	16221

(3) Any offense contained in the Revised Code constituting a	16222
misdemeanor of the first degree on the first offense and a felony	16223
on a subsequent offense, if the offense bears a direct and	16224
substantial relationship to the position being filled and the	16225
nature of the services being provided by the county board;	16226

(4) A violation of an existing or former municipal ordinance	16227
or law of this state, any other state, or the United States, if	16228
the offense is substantially equivalent to any of the offenses	16229
listed or described in division (E)(1), (2), or (3) of this	16230
section.	16231

(F) Prior to employing an applicant, the county board	16232
superintendent shall require the applicant to submit a statement	16233
with the applicant's signature attesting that the applicant has	16234
not been convicted of or pleaded guilty to any of the offenses	16235
listed or described in division (E) of this section. The	16236
superintendent also shall require the applicant to sign an	16237
agreement under which the applicant agrees to notify the	16238
superintendent within fourteen calendar days if, while employed by	16239
the board, the applicant is ever formally charged with, convicted	16240
of, or pleads guilty to any of the offenses listed or described in	16241
division (E) of this section. The agreement shall inform the	16242
applicant that failure to report formal charges, a conviction, or	16243
a guilty plea may result in being dismissed from employment.	16244

(G) A county board of ~~mental retardation and~~ developmental	16245
disabilities shall pay to the bureau of criminal identification	16246
and investigation the fee prescribed pursuant to division (C)(3)	16247
of section 109.572 of the Revised Code for each criminal records	16248
check requested and conducted pursuant to this section.	16249

(H)(1) Any report obtained pursuant to this section is not a	16250
public record for purposes of section 149.43 of the Revised Code	16251
and shall not be made available to any person, other than the	16252
applicant who is the subject of the records check or criminal	16253
records check or the applicant's representative, the board	16254
requesting the records check or criminal records check or its	16255
representative, the department of mental retardation and	16256
developmental disabilities, and any court, hearing officer, or	16257
other necessary individual involved in a case dealing with the	16258
denial of employment to the applicant or the denial, suspension,	16259
or revocation of a certificate or evidence of registration under	16260
section 5126.25 of the Revised Code.	16261

(2) An individual for whom a county board superintendent has	16262
obtained reports under this section may submit a written request	16263
to the county board to have copies of the reports sent to any	16264
state agency, entity of local government, or private entity. The	16265
individual shall specify in the request the agencies or entities	16266
to which the copies are to be sent. On receiving the request, the	16267
county board shall send copies of the reports to the agencies or	16268
entities specified.	16269

A county board may request that a state agency, entity of	16270
local government, or private entity send copies to the board of	16271
any report regarding a records check or criminal records check	16272
that the agency or entity possesses, if the county board obtains	16273
the written consent of the individual who is the subject of the	16274
report.	16275

(I) Each county board superintendent shall request the	16276
registrar of motor vehicles to supply the superintendent with a	16277
certified abstract regarding the record of convictions for	16278
violations of motor vehicle laws of each applicant who will be	16279
required by the applicant's employment to transport individuals	16280
with mental retardation or developmental disabilities or to	16281
operate the board's vehicles for any other purpose. For each	16282
abstract provided under this section, the board shall pay the	16283
amount specified in section 4509.05 of the Revised Code.	16284

(J) The county board superintendent shall provide each	16285
applicant with a copy of any report or abstract obtained about the	16286
applicant under this section. At the request of the director of	16287
mental retardation and developmental disabilities, the	16288
superintendent also shall provide the director with a copy of a	16289
report or abstract obtained under this section.	16290

(K)(1) The county board superintendent shall inform each	16291
person, at the time of the person's initial application for	16292
employment, that the person is required to provide a set of	16293
impressions of the person's fingerprints and that a criminal	16294
records check is required to be conducted and satisfactorily	16295
completed in accordance with section 109.572 of the Revised Code	16296
if the person comes under final consideration for appointment or	16297
employment as a precondition to employment in a position.	16298

(2) A board may employ an applicant pending receipt of	16299
reports requested under this section. The board shall terminate	16300
employment of any such applicant if it is determined from the	16301
reports that the applicant failed to inform the county board that	16302
the applicant had been convicted of or pleaded guilty to any of	16303
the offenses listed or described in division (E) of this section.	16304

(L) The board may charge an applicant a fee for costs it	16305
incurs in obtaining reports, abstracts, or fingerprint impressions	16306
under this section. A fee charged under this division shall not	16307
exceed the amount of the fees the board pays under divisions (G)	16308
and (I) of this section. If a fee is charged under this division,	16309
the board shall notify the applicant of the amount of the fee at	16310
the time of the applicant's initial application for employment and	16311
that, unless the fee is paid, the board will not consider the	16312
applicant for employment.	16313

(M) The department of mental retardation and developmental	16314
disabilities shall adopt rules pursuant to Chapter 119. of the	16315
Revised Code to implement this section and section 5126.281 of the	16316
Revised Code, including rules specifying circumstances under which	16317
a county board or contracting entity may hire a person who has	16318
been convicted of or pleaded guilty to an offense listed or	16319
described in division (E) of this section but who meets standards	16320
in regard to rehabilitation set by the department. The rules may	16321
not authorize a county board or contracting entity to hire an	16322
individual who is included in the registry established under	16323
section 5123.52 of the Revised Code.	16324

Sec. 5126.281. (A) As used in this section:

16325

(1) "Contracting entity" means an entity under contract with	16326
a county board of ~~mental retardation and~~ developmental	16327
disabilities for the provision of specialized services to	16328
individuals with mental retardation or a developmental disability.	16329

(2) "Direct services position" means an employment position	16330
in which the employee has physical contact with, the opportunity	16331
to be alone with, or exercises supervision or control over one or	16332
more individuals with mental retardation or a developmental	16333
disability.	16334

(3) "Specialized services" means any program or service	16335
designed and operated to serve primarily individuals with mental	16336
retardation or a developmental disability, including a program or	16337
service provided by an entity licensed or certified by the	16338
department of mental retardation and developmental disabilities.	16339
If there is a question as to whether a contracting entity is	16340
providing specialized services, the contracting entity may request	16341
that the director of mental retardation and developmental	16342
disabilities make a determination. The director's determination is	16343
final.	16344

(B)(1) Except as provided in division (B)(2) of this section,	16345
each contracting entity shall conduct background investigations in	16346
the same manner county boards conduct investigations under section	16347
5126.28 of the Revised Code of all persons under final	16348
consideration for employment with the contracting entity in a	16349
direct services position. On request, the county board shall	16350
assist a contracting entity in obtaining reports from the bureau	16351
of criminal identification and investigation or any other state or	16352
federal agency and in obtaining abstracts from the registrar of	16353
motor vehicles.	16354

(2) A contracting entity is not required to request a	16355
criminal records check for either of the following:	16356

(a) An employee of the entity who is in a direct services	16357
position and being considered for a different direct services	16358
position or is returning after a leave of absence or seasonal	16359
break in employment, as long as the contracting entity has no	16360
reason to believe that the employee has committed any of the	16361
offenses listed or described in division (E) of section 5126.28 of	16362
the Revised Code;	16363

(b) A person who will provide only respite care under a	16364
family support services program established under section 5126.11	16365
of the Revised Code, if the person is selected by a family member	16366
of the individual with mental retardation or a developmental	16367
disability who is to receive the respite care.	16368

(C) No contracting entity shall place a person in a direct	16369
services position if the person has been convicted of or pleaded	16370
guilty to any offense listed or described in division (E) of	16371
section 5126.28 of the Revised Code, unless the person meets the	16372
standards for rehabilitation established by rules adopted under	16373
section 5126.28 of the Revised Code.	16374

(D) A contracting entity may place a person in a direct	16375
services position pending receipt of information concerning the	16376
person's background investigation from the bureau of criminal	16377
identification and investigation, the registrar of motor vehicles,	16378
or any other state or federal agency if the person submits to the	16379
contracting entity a statement with the person's signature that	16380
the person has not been convicted of or pleaded guilty to any of	16381
the offenses listed or described in division (E) of section	16382
5126.28 of the Revised Code. No contracting entity shall fail to	16383
terminate the placement of such person if the contracting entity	16384
is informed that the person has been convicted of or pleaded	16385
guilty to any of the offenses listed or described in division (E)	16386
of section 5126.28 of the Revised Code.	16387

(E) Prior to employing a person in a direct services	16388
position, the contracting entity shall require the person to	16389
submit a statement with the applicant's signature attesting that	16390
the applicant has not been convicted of or pleaded guilty to any	16391
of the offenses listed or described in division (E) of section	16392
5126.28 of the Revised Code. The contracting entity also shall	16393
require the person to sign an agreement to notify the contracting	16394
entity within fourteen calendar days if, while employed by the	16395
entity, the person is ever formally charged with, convicted of, or	16396
pleads guilty to any of the offenses listed or described in	16397
division (E) of section 5126.28 of the Revised Code. The agreement	16398
shall inform the person that failure to report formal charges, a	16399
conviction, or a guilty plea may result in being dismissed from	16400
employment.	16401

(F) A county board may take appropriate action against a	16402
contracting entity that violates this section, including	16403
terminating the contracting entity's contract with the board.	16404

Sec. 5126.29. (A) No professional or management employee in	16405
a position that requires a license issued by the state board of	16406
education under sections 3319.22 to 3319.31 of the Revised Code or	16407
a certificate issued by the director of mental retardation and	16408
developmental disabilities under section 5126.25 of the Revised	16409
Code shall terminate the employee's employment contract with a	16410
county board of ~~mental retardation and~~ developmental disabilities	16411
without obtaining the written consent of the board prior to the	16412
termination or giving the board written notice of the termination	16413
at least thirty days before its effective date.	16414

(B) Upon complaint by a county board of ~~mental retardation~~	16415
~~and~~ developmental disabilities that a person holding a license	16416
issued under sections 3319.22 to 3319.31 of the Revised Code has	16417
violated division (A) of this section, the state board of	16418
education shall investigate the complaint. If the state board	16419
determines that the person did violate division (A) of this	16420
section, it may suspend the person's license for a period of time	16421
not exceeding one year as determined by the state board.	16422

(C) Upon complaint by a county board of ~~mental retardation~~	16423
~~and~~ developmental disabilities that a person holding a certificate	16424
issued under section 5126.25 of the Revised Code has violated	16425
division (A) of this section, the director of mental retardation	16426
and developmental disabilities shall investigate the complaint. If	16427
the director determines that the person did violate division (A)	16428
of this section, the director may suspend the person's certificate	16429
for a period of time not exceeding one year as determined by the	16430
director.	16431

Sec. 5126.30. As used in sections 5126.30 to 5126.34 of the	16432
Revised Code:	16433

(A) "Adult" means a person eighteen years of age or older	16434
with mental retardation or a developmental disability.	16435

(B) "Caretaker" means a person who is responsible for the	16436
care of an adult by order of a court, including an order of	16437
guardianship, or who assumes the responsibility for the care of an	16438
adult as a volunteer, as a family member, by contract, or by the	16439
acceptance of payment for care.	16440

(C) "Abuse" has the same meaning as in section 5123.50 of the	16441
Revised Code, except that it includes a misappropriation, as	16442
defined in that section.	16443

(D) "Neglect" has the same meaning as in section 5123.50 of	16444
the Revised Code.	16445

(E) "Exploitation" means the unlawful or improper act of a	16446
caretaker using an adult or an adult's resources for monetary or	16447
personal benefit, profit, or gain, including misappropriation, as	16448
defined in section 5123.50 of the Revised Code, of an adult's	16449
resources.	16450

(F) "Working day" means Monday, Tuesday, Wednesday, Thursday,	16451
or Friday, except when that day is a holiday as defined in section	16452
1.14 of the Revised Code.	16453

(G) "Incapacitated" means lacking understanding or capacity,	16454
with or without the assistance of a caretaker, to make and carry	16455
out decisions regarding food, clothing, shelter, health care, or	16456
other necessities, but does not include mere refusal to consent to	16457
the provision of services.	16458

(H) "Emergency protective services" means protective services	16459
furnished to a person with mental retardation or a developmental	16460
disability to prevent immediate physical harm.	16461

(I) "Protective services" means services provided by the	16462
county board of ~~mental retardation and~~ developmental disabilities	16463
to an adult with mental retardation or a developmental disability	16464
for the prevention, correction, or discontinuance of an act of as	16465
well as conditions resulting from abuse, neglect, or exploitation.	16466

(J) "Protective service plan" means an individualized plan	16467
developed by the county board of ~~mental retardation and~~	16468
developmental disabilities to prevent the further abuse, neglect,	16469
or exploitation of an adult with mental retardation or a	16470
developmental disability.	16471

(K) "Substantial risk" has the same meaning as in section	16472
2901.01 of the Revised Code.	16473

(L) "Party" means all of the following:

16474

(1) An adult who is the subject of a probate proceeding under	16475
sections 5126.30 to 5126.33 of the Revised Code;	16476

(2) A caretaker, unless otherwise ordered by the probate	16477
court;	16478

(3) Any other person designated as a party by the probate	16479
court including but not limited to, the adult's spouse, custodian,	16480
guardian, or parent.	16481

(M) "Board" means a county board of ~~mental retardation and~~	16482
developmental disabilities.	16483

Sec. 5126.31. (A) A county board of ~~mental retardation and~~	16484
developmental disabilities shall review reports of abuse and	16485
neglect made under section 5123.61 of the Revised Code and reports	16486
referred to it under section 5101.611 of the Revised Code to	16487
determine whether the person who is the subject of the report is	16488
an adult with mental retardation or a developmental disability in	16489
need of services to deal with the abuse or neglect. The board	16490
shall give notice of each report to the registry office of the	16491
department of mental retardation and developmental disabilities	16492
established pursuant to section 5123.61 of the Revised Code on the	16493
first working day after receipt of the report. If the report	16494
alleges that there is a substantial risk to the adult of immediate	16495
physical harm or death, the board shall initiate review within	16496
twenty-four hours of its receipt of the report. If the board	16497
determines that the person is sixty years of age or older but does	16498
not have mental retardation or a developmental disability, it	16499
shall refer the case to the county department of job and family	16500
services. If the board determines that the person is an adult with	16501
mental retardation or a developmental disability, it shall	16502
continue its review of the case.	16503

(B) For each review over which the board retains	16504
responsibility under division (A) of this section, it shall do all	16505
of the following:	16506

(1) Give both written and oral notice of the purpose of the	16507
review to the adult and, if any, to the adult's legal counsel or	16508
caretaker, in simple and clear language;	16509

(2) Visit the adult, in the adult's residence if possible,	16510
and explain the notice given under division (B)(1) of this	16511
section;	16512

(3) Request from the registry office any prior reports	16513
concerning the adult or other principals in the case;	16514

(4) Consult, if feasible, with the person who made the report	16515
under section 5101.61 or 5123.61 of the Revised Code and with any	16516
agencies or persons who have information about the alleged abuse	16517
or neglect;	16518

(5) Cooperate fully with the law enforcement agency	16519
responsible for investigating the report and for filing any	16520
resulting criminal charges and, on request, turn over evidence to	16521
the agency;	16522

(6) Determine whether the adult needs services, and prepare a	16523
written report stating reasons for the determination. No adult	16524
shall be determined to be abused, neglected, or in need of	16525
services for the sole reason that, in lieu of medical treatment,	16526
the adult relies on or is being furnished spiritual treatment	16527
through prayer alone in accordance with the tenets and practices	16528
of a church or religious denomination of which the adult is a	16529
member or adherent.	16530

(C) The board shall arrange for the provision of services for	16531
the prevention, correction or discontinuance of abuse or neglect	16532
or of a condition resulting from abuse or neglect for any adult	16533
who has been determined to need the services and consents to	16534
receive them. These services may include, but are not limited to,	16535
service and support administration, fiscal management, medical,	16536
mental health, home health care, homemaker, legal, and residential	16537
services and the provision of temporary accommodations and	16538
necessities such as food and clothing. The services do not include	16539
acting as a guardian, trustee, or protector as defined in section	16540
5123.55 of the Revised Code. If the provision of residential	16541
services would require expenditures by the department of mental	16542
retardation and developmental disabilities, the board shall obtain	16543
the approval of the department prior to arranging the residential	16544
services.	16545

To arrange services, the board shall:

16546

(1) Develop an individualized service plan identifying the	16547
types of services required for the adult, the goals for the	16548
services, and the persons or agencies that will provide them;	16549

(2) In accordance with rules established by the director of	16550
mental retardation and developmental disabilities, obtain the	16551
consent of the adult or the adult's guardian to the provision of	16552
any of these services and obtain the signature of the adult or	16553
guardian on the individual service plan. An adult who has been	16554
found incompetent under Chapter 2111. of the Revised Code may	16555
consent to services. If the board is unable to obtain consent, it	16556
may seek, if the adult is incapacitated, a court order pursuant to	16557
section 5126.33 of the Revised Code authorizing the board to	16558
arrange these services.	16559

(D) The board shall ensure that the adult receives the	16560
services arranged by the board from the provider and shall have	16561
the services terminated if the adult withdraws consent.	16562

(E) On completion of a review, the board shall submit a	16563
written report to the registry office established under section	16564
5123.61 of the Revised Code. If the report includes a finding that	16565
a person with mental retardation or a developmental disability is	16566
a victim of action or inaction that may constitute a crime under	16567
federal law or the law of this state, the board shall submit the	16568
report to the law enforcement agency responsible for investigating	16569
the report. Reports prepared under this section are not public	16570
records as defined in section 149.43 of the Revised Code.	16571

Sec. 5126.311. (A) Notwithstanding the requirement of	16572
section 5126.31 of the Revised Code that a county board of ~~mental~~	16573
~~retardation and~~ developmental disabilities review reports of abuse	16574
and neglect, one of the following government entities, at the	16575
request of the county board or the department of mental	16576
retardation and developmental disabilities, shall review the	16577
report instead of the county board if circumstances specified in	16578
rules adopted under division (B) of this section exist:	16579

(1) Another county board of ~~mental retardation and~~	16580
developmental disabilities;	16581

(2) The department;

16582

(3) A regional council of government established pursuant to	16583
Chapter 167. of the Revised Code;	16584

(4) Any other government entity authorized to investigate	16585
reports of abuse and neglect.	16586

(B) The director of mental retardation and developmental	16587
disabilities shall adopt rules in accordance with Chapter 119. of	16588
the Revised Code specifying circumstances under which it is	16589
inappropriate for a county board to review reports of abuse and	16590
neglect.	16591

Sec. 5126.313. (A) After reviewing a report of abuse or	16592
neglect under section 5126.31 of the Revised Code or a report of a	16593
major unusual incident made in accordance with rules adopted under	16594
section 5123.612 of the Revised Code, a county board of ~~mental~~	16595
~~retardation and~~ developmental disabilities shall conduct an	16596
investigation if circumstances specified in rules adopted under	16597
division (B) of this section exist. If the circumstances specified	16598
in the rules exist, the county board shall conduct the	16599
investigation in the manner specified by the rules.	16600

(B) The director of mental retardation and developmental	16601
disabilities shall adopt rules in accordance with Chapter 119. of	16602
the Revised Code specifying circumstances under which a county	16603
board shall conduct investigations under division (A) of this	16604
section and the manner in which the county board shall conduct the	16605
investigation.	16606

Sec. 5126.33. (A) A county board of ~~mental retardation and~~	16607
developmental disabilities may file a complaint with the probate	16608
court of the county in which an adult with mental retardation or a	16609
developmental disability resides for an order authorizing the	16610
board to arrange services described in division (C) of section	16611
5126.31 of the Revised Code for that adult if the adult is	16612
eligible to receive services or support under section 5126.041 of	16613
the Revised Code and the board has been unable to secure consent.	16614
The complaint shall include:	16615

(1) The name, age, and address of the adult;

16616

(2) Facts describing the nature of the abuse, neglect, or	16617
exploitation and supporting the board's belief that services are	16618
needed;	16619

(3) The types of services proposed by the board, as set forth	16620
in the protective service plan described in division (J) of	16621
section 5126.30 of the Revised Code and filed with the complaint;	16622

(4) Facts showing the board's attempts to obtain the consent	16623
of the adult or the adult's guardian to the services.	16624

(B) The board shall give the adult notice of the filing of	16625
the complaint and in simple and clear language shall inform the	16626
adult of the adult's rights in the hearing under division (C) of	16627
this section and explain the consequences of a court order. This	16628
notice shall be personally served upon all parties, and also shall	16629
be given to the adult's legal counsel, if any, and the legal	16630
rights service. The notice shall be given at least twenty-four	16631
hours prior to the hearing, although the court may waive this	16632
requirement upon a showing that there is a substantial risk that	16633
the adult will suffer immediate physical harm in the twenty-four	16634
hour period and that the board has made reasonable attempts to	16635
give the notice required by this division.	16636

(C) Upon the filing of a complaint for an order under this	16637
section, the court shall hold a hearing at least twenty-four hours	16638
and no later than seventy-two hours after the notice under	16639
division (B) of this section has been given unless the court has	16640
waived the notice. All parties shall have the right to be present	16641
at the hearing, present evidence, and examine and cross-examine	16642
witnesses. The Ohio Rules of Evidence shall apply to a hearing	16643
conducted pursuant to this division. The adult shall be	16644
represented by counsel unless the court finds that the adult has	16645
made a voluntary, informed, and knowing waiver of the right to	16646
counsel. If the adult is indigent, the court shall appoint	16647
counsel to represent the adult. The board shall be represented by	16648
the county prosecutor or an attorney designated by the board.	16649

(D)(1) The court shall issue an order authorizing the board	16650
to arrange the protective services if it finds, on the basis of	16651
clear and convincing evidence, all of the following:	16652

(a) The adult has been abused, neglected, or exploited;

16653

(b) The adult is incapacitated;

16654

(c) There is a substantial risk to the adult of immediate	16655
physical harm or death;	16656

(d) The adult is in need of the services;

16657

(e) No person authorized by law or court order to give	16658
consent for the adult is available or willing to consent to the	16659
services.	16660

(2) The board shall develop a detailed protective service	16661
plan describing the services that the board will provide, or	16662
arrange for the provision of, to the adult to prevent further	16663
abuse, neglect, or exploitation. The board shall submit the plan	16664
to the court for approval. The protective service plan may be	16665
changed only by court order.	16666

(3) In formulating the order, the court shall consider the	16667
individual protective service plan and shall specifically	16668
designate the services that are necessary to deal with the abuse,	16669
neglect, or exploitation or condition resulting from abuse,	16670
neglect, or exploitation and that are available locally, and	16671
authorize the board to arrange for these services only. The court	16672
shall limit the provision of these services to a period not	16673
exceeding six months, renewable for an additional six-month period	16674
on a showing by the board that continuation of the order is	16675
necessary.	16676

(E) If the court finds that all other options for meeting the	16677
adult's needs have been exhausted, it may order that the adult be	16678
removed from the adult's place of residence and placed in another	16679
residential setting. Before issuing that order, the court shall	16680
consider the adult's choice of residence and shall determine that	16681
the new residential setting is the least restrictive alternative	16682
available for meeting the adult's needs and is a place where the	16683
adult can obtain the necessary requirements for daily living in	16684
safety. The court shall not order an adult to a hospital or public	16685
hospital as defined in section 5122.01 or a state institution as	16686
defined in section 5123.01 of the Revised Code.	16687

(F) The court shall not authorize a change in an adult's	16688
placement ordered under division (E) of this section unless it	16689
finds compelling reasons to justify a change. The parties to whom	16690
notice was given in division (B) of this section shall be given	16691
notice of a proposed change at least five working days prior to	16692
the change.	16693

(G) The adult, the board, or any other person who received	16694
notice of the petition may file a motion for modification of the	16695
court order at any time.	16696

(H) The county board shall pay court costs incurred in	16697
proceedings brought pursuant to this section. The adult shall not	16698
be required to pay for court-ordered services.	16699

(I)(1) After the filing of a complaint for an order under	16700
this section, the court, prior to the final disposition, may enter	16701
any temporary order that the court finds necessary to protect the	16702
adult with mental retardation or a developmental disability from	16703
abuse, neglect, or exploitation including, but not limited to, the	16704
following:	16705

(a) A temporary protection order;

16706

(b) An order requiring the evaluation of the adult;

16707

(c) An order requiring a party to vacate the adult's place of	16708
residence or legal settlement, provided that, subject to division	16709
(K)(1)(d) of this section, no operator of a residential facility	16710
licensed by the department may be removed under this division;	16711

(d) In the circumstances described in, and in accordance with	16712
the procedures set forth in, section 5123.191 of the Revised Code,	16713
an order of the type described in that section that appoints a	16714
receiver to take possession of and operate a residential facility	16715
licensed by the department.	16716

(2) The court may grant an ex parte order pursuant to this	16717
division on its own motion or if a party files a written motion or	16718
makes an oral motion requesting the issuance of the order and	16719
stating the reasons for it if it appears to the court that the	16720
best interest and the welfare of the adult require that the court	16721
issue the order immediately. The court, if acting on its own	16722
motion, or the person requesting the granting of an ex parte	16723
order, to the extent possible, shall give notice of its intent or	16724
of the request to all parties, the adult's legal counsel, if any,	16725
and the legal rights service. If the court issues an ex parte	16726
order, the court shall hold a hearing to review the order within	16727
seventy-two hours after it is issued or before the end of the next	16728
day after the day on which it is issued, whichever occurs first.	16729
The court shall give written notice of the hearing to all parties	16730
to the action.	16731

Sec. 5126.331. (A) A probate court, through a probate judge	16732
or magistrate, may issue by telephone an ex parte emergency order	16733
authorizing any of the actions described in division (B) of this	16734
section if all of the following are the case:	16735

(1) The court receives notice from the county board of ~~mental~~	16736
~~retardation and~~ developmental disabilities, or an authorized	16737
employee of the board, that the board or employee believes an	16738
emergency order is needed as described in this section.	16739

(2) The adult who is the subject of the notice is eligible to	16740
receive services or support under section 5126.041 of the Revised	16741
Code.	16742

(3) There is reasonable cause to believe that the adult is	16743
incapacitated.	16744

(4) There is reasonable cause to believe that there is a	16745
substantial risk to the adult of immediate physical harm or death.	16746

(B) An order issued under this section may authorize the	16747
county board of ~~mental retardation and~~ developmental disabilities	16748
to do any of the following:	16749

(1) Provide, or arrange for the provision of, emergency	16750
protective services for the adult;	16751

(2) Remove the adult from the adult's place of residence or	16752
legal settlement;	16753

(3) Remove the adult from the place where the abuse, neglect,	16754
or exploitation occurred.	16755

(C) A court shall not issue an order under this section to	16756
remove an adult from a place described in division (B)(2) or (3)	16757
of this section until the court is satisfied that reasonable	16758
efforts have been made to notify the adult and any person with	16759
whom the adult resides of the proposed removal and the reasons for	16760
it, except that, the court may issue an order prior to giving the	16761
notice if one of the following is the case:	16762

(1) Notification could jeopardize the physical or emotional	16763
safety of the adult.	16764

(2) The notification could result in the adult being removed	16765
from the court's jurisdiction.	16766

(D) An order issued under this section shall be in effect for	16767
not longer than twenty-four hours, except that if the day	16768
following the day on which the order is issued is a weekend-day or	16769
legal holiday, the order shall remain in effect until the next	16770
business day.	16771

(E)(1) Except as provided in division (E)(2) of this section,	16772
not later than twenty-four hours after an order is issued under	16773
this section, the county board or employee that provided notice to	16774
the probate court shall file a complaint with the court in	16775
accordance with division (A) of section 5126.33 of the Revised	16776
Code.	16777

(2) If the day following the day on which the order was	16778
issued is a weekend-day or a holiday, the county board or employee	16779
shall file the complaint with the probate court on the next	16780
business day.	16781

(3) Except as provided in section 5126.332 of the Revised	16782
Code, proceedings on the complaint filed pursuant to this division	16783
shall be conducted in accordance with section 5126.33 of the	16784
Revised Code.	16785

Sec. 5126.333. Any person who has reason to believe that	16786
there is a substantial risk to an adult with mental retardation or	16787
a developmental disability of immediate physical harm or death and	16788
that the responsible county board of ~~mental retardation and~~	16789
developmental disabilities has failed to seek an order pursuant to	16790
section 5126.33 or 5126.331 of the Revised Code may notify the	16791
department of mental retardation and developmental disabilities.	16792
Within twenty-four hours of receipt of such notice, the department	16793
shall cause an investigation to be conducted regarding the notice.	16794
The department shall provide assistance to the county board to	16795
provide for the health and safety of the adult as permitted by	16796
law.	16797

Sec. 5126.34. Each county board of ~~mental retardation and~~	16798
developmental disabilities shall provide comprehensive, formal	16799
training for county board employees and other persons authorized	16800
to implement sections 5126.30 to 5126.34 of the Revised Code.	16801

The department of mental retardation and developmental	16802
disabilities shall adopt rules establishing minimum standards for	16803
the training provided by county boards pursuant to this section.	16804
The training provided by the county boards shall meet the minimum	16805
standards prescribed by the rules.	16806

Sec. 5126.36. (A) As used in this section, "health-related	16807
activities," "prescribed medication," and "tube feeding" have the	16808
same meanings as in section 5123.41 of the Revised Code.	16809

(B) In accordance with sections 5123.42 and 5123.651 of the	16810
Revised Code, an employee of a county board of ~~mental retardation~~	16811
or developmental disabilities or an entity under contract with the	16812
board who is not specifically authorized by other provisions of	16813
the Revised Code to administer prescribed medications, perform	16814
health-related activities, perform tube feedings, or provide	16815
assistance in the self-administration of prescribed medications	16816
may do so pursuant to the authority granted under those sections.	16817

Sec. 5126.41. The county board of ~~mental retardation and~~	16818
developmental disabilities shall identify residents of the county	16819
for whom supported living is to be provided. Identification of the	16820
residents shall be made in accordance with the priorities set	16821
under section 5126.04 of the Revised Code and the waiting list	16822
policies developed under section 5126.042 of the Revised Code. The	16823
board shall assist the residents in identifying their individual	16824
service needs.	16825

To arrange supported living for an individual, the board	16826
shall assist the individual in developing an individual service	16827
plan. In developing the plan, the individual shall choose a	16828
residence that is appropriate according to local standards; the	16829
individuals, if any, with whom the individual will live in the	16830
residence; the services the individual needs to live in the	16831
individual's residence of choice; and the providers from which the	16832
services will be received. The choices available to an individual	16833
shall be based on available resources.	16834

The board shall obtain the consent of the individual or the	16835
individual's guardian and the signature of the individual or	16836
guardian on the individual service plan. The county board shall	16837
ensure that the individual receives from the provider the services	16838
contracted for under section 5126.45 of the Revised Code.	16839

An individual service plan for supported living shall be	16840
effective for a period of time agreed to by the county board and	16841
the individual. In determinating that period, the county board and	16842
the individual shall consider the nature of the services to be	16843
provided and the manner in which they are customarily provided.	16844

Sec. 5126.42. (A) A county board of ~~mental retardation and~~	16845
developmental disabilities shall establish an advisory council	16846
composed of board members or employees of the board, providers,	16847
individuals receiving supported living, and advocates for	16848
individuals receiving supported living to provide on-going	16849
communication among all persons concerned with supported living.	16850

(B) The board shall develop procedures for the resolution of	16851
grievances between the board and providers or between the board	16852
and an entity with which it has a shared funding agreement.	16853

(C) The board shall develop and implement a provider	16854
selection system. Each system shall enable an individual to choose	16855
to continue receiving supported living from the same providers, to	16856
select additional providers, or to choose alternative providers.	16857
Annually, the board shall review its provider selection system to	16858
determine whether it has been implemented in a manner that allows	16859
individuals fair and equitable access to providers.	16860

In developing a provider selection system, the county board	16861
shall create a pool of providers for individuals to use in	16862
choosing their providers of supported living. The pool shall be	16863
created by placing in the pool all providers on record with the	16864
board or by placing in the pool all providers approved by the	16865
board through soliciting requests for proposals for supported	16866
living contracts. In either case, only providers that are	16867
certified by the director of mental retardation and developmental	16868
disabilities may be placed in the pool.	16869

If the board places all providers on record in the pool, the	16870
board shall review the pool at least annually to determine whether	16871
each provider has continued interest in being a provider and has	16872
maintained its certification by the department. At any time, an	16873
interested and certified provider may make a request to the board	16874
that it be added to the pool, and the board shall add the provider	16875
to the pool not later than seven days after receiving the request.	16876

If the board solicits requests for proposals for inclusion of	16877
providers in the pool, the board shall develop standards for	16878
selecting the providers to be included. Requests for proposals	16879
shall be solicited at least annually. When requests are solicited,	16880
the board shall cause legal notices to be published at least once	16881
each week for two consecutive weeks in a newspaper with general	16882
circulation within the county. The board's formal request for	16883
proposals shall include a description of any applicable contract	16884
terms, the standards that are used to select providers for	16885
inclusion in the pool, and the process the board uses to resolve	16886
disputes arising from the selection process. The board shall	16887
accept requests from any entity interested in being a provider of	16888
supported living for individuals served by the board. Requests	16889
shall be approved or denied according to the standards developed	16890
by the board. Providers that previously have been placed in the	16891
pool are not required to resubmit a request for proposal to be	16892
included in the pool, unless the board's standards have been	16893
changed.	16894

In assisting an individual in choosing a provider, the county	16895
board shall provide the individual with uniform and consistent	16896
information pertaining to each provider in the pool. An individual	16897
may choose to receive supported living from a provider that is	16898
not included in the pool, if the provider is certified by the	16899
director of mental retardation and developmental disabilities.	16900

Sec. 5126.43. (A) After receiving notice from the department	16901
of mental retardation and developmental disabilities of the amount	16902
of state funds to be distributed to it for planning, developing,	16903
contracting for, and providing supported living, the county board	16904
of ~~mental retardation and~~ developmental disabilities shall	16905
arrange for supported living on behalf of and with the consent of	16906
individuals based on their individual service plans developed	16907
under section 5126.41 of the Revised Code. With the state	16908
distribution and any other money designated by the board for	16909
supported living, the board shall arrange for supported living in	16910
one or more of the following ways:	16911

(1) By contracting under section 5126.45 of the Revised Code	16912
with providers selected by the individual to be served;	16913

(2) By entering into shared funding agreements with state	16914
agencies, local public agencies, or political subdivisions at	16915
rates negotiated by the board;	16916

(3) By providing direct payment or vouchers to be used to	16917
purchase supported living, pursuant to a written contract in an	16918
amount determined by the board, to the individual or a person	16919
providing the individual with protective services as defined in	16920
section 5123.55 of the Revised Code.	16921

(B) The board may arrange for supported living only with	16922
providers that are certified by the director of mental	16923
retardation and developmental disabilities.	16924

When no certified provider is willing and able to provide	16925
supported living for an individual in accordance with the terms of	16926
the individual service plan for that individual, a county board	16927
may provide supported living directly if it is certified by the	16928
director of mental retardation and developmental disabilities to	16929
provide supported living.	16930

A county board may, for a period not to exceed ninety days,	16931
contract for or provide supported living without meeting the	16932
requirements of this section for an individual it determines to be	16933
in emergency need of supported living. Thereafter, the individual	16934
shall choose providers in accordance with sections 5126.41 and	16935
5126.42 of the Revised Code.	16936

Sec. 5126.45. (A) A contract between a county board of	16937
~~mental retardation and~~ developmental disabilities and a provider	16938
of supported living shall be in writing and shall be based on the	16939
individual service plan developed by the individual under section	16940
5126.41 of the Revised Code. The plan may be submitted as an	16941
addendum to the contract. An individual receiving services	16942
pursuant to a contract shall be considered a third-party	16943
beneficiary to the contract.	16944

(B) The contract shall be negotiated between the provider and	16945
the county board. The terms of the contract shall include at least	16946
the following:	16947

(1) The contract period and conditions for renewal;

16948

(2) The services to be provided pursuant to the individual	16949
service plan;	16950

(3) The rights and responsibilities of all parties to the	16951
contract;	16952

(4) The methods that will be used to evaluate the services	16953
delivered by the provider;	16954

(5) Procedures for contract modification that ensure all	16955
parties affected by the modification are involved and agree;	16956

(6) A process for resolving conflicts between individuals	16957
receiving services, the county board, and the provider, as	16958
applicable;	16959

(7) Procedures for the retention of applicable records;

16960

(8) Provisions for contract termination by any party involved	16961
that include requirements for an appropriate notice of intent to	16962
terminate the contract;	16963

(9) Methods to be used to document services provided;

16964

(10) Procedures for submitting reports required by the county	16965
board as a condition of receiving payment under the contract;	16966

(11) The method and schedule the board will use to make	16967
payments to the provider and whether periodic payment adjustments	16968
will be made to the provider;	16969

(12) Provisions for conducting fiscal reconciliations for	16970
payments made through methods other than a fee-for-service	16971
arrangement.	16972

(C) Payments to the provider under a supported living	16973
contract must be determined by the board to be reasonable in	16974
accordance with policies and procedures developed by the board.	16975
Goods or services provided without charge to the provider shall	16976
not be included as expenditures of the provider.	16977

(D) The board shall establish procedures for reconciling	16978
expenditures and payments, other than those made under a	16979
fee-for-service arrangement, for the prior contract year when a	16980
contract is not renewed and shall reconcile expenditures and	16981
payments in accordance with these procedures.	16982

(E) A provider or an entity with which the board has entered	16983
into a shared funding agreement may appeal a negotiated contract	16984
or proposed shared funding rate to the county board using the	16985
procedures established by the board under section 5126.42 of the	16986
Revised Code.	16987

Sec. 5126.46. (A) No county board of ~~mental retardation and~~	16988
developmental disabilities shall be obligated to use any money	16989
other than money in the community ~~mental retardation and~~	16990
developmental disabilities residential services fund to furnish	16991
residential services.	16992

(B) Except with respect to a child required to be provided	16993
services pursuant to section 121.38 of the Revised Code, no court	16994
or other entity of state or local government shall order or	16995
otherwise require a county board of ~~mental retardation and~~	16996
developmental disabilities to use money from local sources for	16997
residential services for an individual with mental retardation or	16998
developmental disabilities or to arrange for residential services	16999
for such an individual unless a vacancy exists in an appropriate	17000
residential setting within the county.	17001

Sec. 5126.47. A county board of ~~mental retardation and~~	17002
developmental disabilities may, pursuant to a resolution adopted	17003
by an affirmative vote of the majority of its members, establish,	17004
by agreement with one or more other county boards of ~~mental~~	17005
~~retardation and~~ developmental disabilities, a residential services	17006
consortium to jointly provide residential services and supported	17007
living. The agreement shall designate one board to assume the	17008
fiscal responsibilities for the consortium. The county auditor of	17009
the designated county shall establish a community ~~mental~~	17010
~~retardation and~~ developmental disabilities residential services	17011
fund for the consortium. Each board that is a member of the	17012
consortium shall cause to be deposited in the fund any state or	17013
federal money received for community residential services the	17014
county board has agreed to contribute to the consortium.	17015

Sec. 5126.49. The county board of ~~mental retardation and~~	17016
developmental disabilities may adopt a resolution requesting the	17017
board of county commissioners to implement a residential facility	17018
linked deposit program under sections 5126.51 to 5126.62 of the	17019
Revised Code if the county board of ~~mental retardation and~~	17020
developmental disabilities finds all of the following:	17021

(A) There is a shortage of residential facilities in the	17022
county for individuals with mental retardation or developmental	17023
disabilities.	17024

(B) Eligible organizations, otherwise willing and able to	17025
develop residential facilities in the county, have been unable to	17026
do so because of high interest rates.	17027

(C) Placement of residential facility linked deposits will	17028
assist in financing the development of residential facilities in	17029
the county that otherwise would not be developed because of high	17030
interest rates.	17031

The board shall transmit a certified copy of the resolution	17032
to the board of county commissioners.	17033

Sec. 5126.50. If the board of county commissioners adopts a	17034
resolution under sections 135.801 and 135.802 of the Revised Code	17035
implementing a residential facility linked deposit program, the	17036
county board of ~~mental retardation and~~ developmental disabilities	17037
shall adopt a resolution that does all of the following:	17038

(A) Establishes standards for its review of applications and	17039
its approval or disapproval of proposed residential facilities	17040
under section 5126.55 of the Revised Code;	17041

(B) Prescribes the form of applications under section 5126.54	17042
of the Revised Code;	17043

(C) Establishes standards for approval or disapproval of	17044
applications for linked deposit loans under section 5126.58 of the	17045
Revised Code.	17046

Sec. 5126.54. An eligible organization that seeks a	17047
residential facility linked deposit loan to finance all or part of	17048
the development of a residential facility shall obtain approval of	17049
the proposed project from the county board of ~~mental retardation~~	17050
~~and~~ developmental disabilities of the county in which the facility	17051
will be developed. The application shall be in the form prescribed	17052
by the board and include all of the following:	17053

(A) The organization's name, business address, and telephone	17054
number;	17055

(B) The name of an officer or employee of the organization	17056
who may be contacted with regard to the application;	17057

(C) A description of the residential facility and a timetable	17058
showing the time at which each phase of its development is	17059
expected to be completed;	17060

(D) The amount of the loan to be applied for;

17061

(E) Any other information the board considers necessary to	17062
successfully review the application.	17063

Whoever knowingly makes a false statement on an application	17064
is guilty of the offense of falsification under section 2921.13 of	17065
the Revised Code.	17066

Sec. 5126.55. The county board of ~~mental retardation and~~	17067
developmental disabilities shall review each application filed	17068
under section 5126.54 of the Revised Code and adopt a resolution	17069
approving or disapproving development of the proposed residential	17070
facility. The board shall not approve development of the proposed	17071
residential facility unless it finds, based upon the application	17072
and its evaluation of the applicant, that development of the	17073
residential facility is consistent with its plan and priorities,	17074
under section 5126.05 of the Revised Code, for the provision of	17075
residential facilities for individuals with mental retardation or	17076
developmental disabilities residing in the county.	17077

The resolution shall include specific findings of fact	17078
justifying the approval or disapproval.	17079

The board shall transmit a certified copy of the resolution	17080
to the applicant and to the board of county commissioners.	17081

Sec. 5126.57. In reviewing an application for a residential	17082
facility linked deposit loan, the eligible lending institution	17083
shall apply the same lending standards as it customarily applies	17084
to applications for loans for the development of residential	17085
property. The lending institution shall either approve or	17086
disapprove an application for a residential facility linked	17087
deposit loan within a reasonable time, in accordance with	17088
commercial practice.	17089

If the lending institution approves an application, it shall	17090
prepare and transmit each of the following to the county board of	17091
~~mental retardation and~~ developmental disabilities:	17092

(A) A certification that it is an eligible lending	17093
institution;	17094

(B) A statement that it has approved a residential facility	17095
linked deposit loan to the eligible organization and the amount of	17096
the loan;	17097

(C) A copy of the eligible organization's loan application	17098
and a copy of the resolution of the eligible organization's board	17099
of trustees included with the loan application;	17100

(D) Any other information the board of county commissioners	17101
requires in the resolution adopted under sections 135.801 and	17102
135.802 of the Revised Code.	17103

If the lending institution does not approve an application	17104
for a residential facility linked deposit loan, it shall promptly	17105
notify the county board of ~~mental retardation and~~ developmental	17106
disabilities of such disapproval.	17107

Sec. 5126.58. The county board of ~~mental retardation and~~	17108
developmental disabilities shall adopt a resolution approving or	17109
disapproving an eligible organization's application for a	17110
residential facility linked deposit loan. The board shall	17111
disapprove an application unless it finds, based on the	17112
application and its evaluation of the applicant, each of the	17113
following:	17114

(A) The applicant has fully complied with sections 5126.54	17115
and 5126.56 of the Revised Code.	17116

(B) Development of the residential facility will materially	17117
contribute to alleviating the shortage of residential facilities	17118
in the county for individuals with mental retardation or	17119
developmental disabilities.	17120

(C) The applicant is ready to proceed with development of the	17121
residential facility, but is unable to do so because of high	17122
interest rates.	17123

(D) The board of county commissioners has certified that	17124
public moneys of the county are currently available for placement	17125
of the residential facility linked deposit necessary to provide	17126
low-cost financing to the applicant.	17127

(E) Placement of the residential facility linked deposit,	17128
considered in the aggregate with all other residential facility	17129
linked deposits under the county's residential facility linked	17130
deposit program, will not cause the total amount of the county's	17131
residential facility linked deposits to exceed an amount equal to	17132
ten per cent of the operating budget of the county board of ~~mental~~	17133
~~retardation and~~ developmental disabilities for the current year.	17134
If placement of the residential facility linked deposit would	17135
cause the total amount of the county's residential facility linked	17136
deposits to exceed the maximum established by this division, the	17137
board may accept the application but limit the amount of the	17138
residential facility linked deposit accordingly.	17139

The resolution shall include specific findings of fact	17140
justifying acceptance or rejection of the application. If the	17141
board accepts the application, it shall specify the amount of the	17142
residential facility linked deposit in the resolution.	17143

The board shall transmit a certified copy of the resolution	17144
to the applicant, the eligible lending institution, and the	17145
county's investing authority.	17146

Sec. 5126.59. On acceptance of a residential facility linked	17147
deposit loan by the county board of ~~mental retardation and~~	17148
developmental disabilities, the county's investing authority shall	17149
enter into a residential facility linked deposit agreement with	17150
the eligible lending institution. The agreement shall include all	17151
of the following terms:	17152

(A) An agreement by the investing authority to place	17153
certificates of deposit with the eligible lending institution, in	17154
the amount of the residential facility linked deposit specified in	17155
the resolution, at an interest rate of up to five per cent per	17156
year below current annual market rates, for a term considered	17157
appropriate by the investing authority, not to exceed five years,	17158
and to renew the certificates of deposit for up to four additional	17159
terms, each additional term not to exceed five years;	17160

(B) An agreement by the eligible lending institution to lend	17161
the value of the certificates of deposit placed with the	17162
institution to the eligible organization at an annual interest	17163
rate that is the same number of percentage points below the annual	17164
borrowing rate currently applicable to similar loans as the annual	17165
interest rate agreed to for certificates of deposit placed	17166
pursuant to division (A) of this section is below current annual	17167
market rates;	17168

(C) An agreement by the eligible lending institution to pay	17169
interest on the certificates of deposit at times determined by the	17170
investing authority;	17171

(D) The form in which the eligible lending institution is to	17172
make the certification required by section 5126.60 of the Revised	17173
Code;	17174

(E) Any other terms necessary to carry out the purpose of	17175
sections 5126.51 to 5126.62 of the Revised Code.	17176

The agreement may contain terms specifying the period of time	17177
during which the eligible lending institution is to lend funds	17178
upon placement of the residential facility linked deposit.	17179

The investing authority shall determine current market rates	17180
under the agreement.	17181

Sec. 5126.61. The county investing authority shall monitor	17182
the compliance with sections 5126.51 to 5126.62 of the Revised	17183
Code of eligible lending institutions and eligible organizations	17184
receiving residential facility linked deposits and loans.	17185

The investing authority shall annually report to the board of	17186
county commissioners and county board of ~~mental retardation and~~	17187
developmental disabilities with regard to the operation of the	17188
county's residential facility linked deposit program. The report	17189
shall list the eligible organizations receiving residential	17190
facility linked deposit loans under the residential facility	17191
linked deposit program.	17192

Sec. 5126.62. The county, board of county commissioners,	17193
county board of ~~mental retardation and~~ developmental disabilities,	17194
and county investing authority are not liable to any eligible	17195
lending institution in any manner for payment of the principal or	17196
interest on a loan to an eligible organization. Delay in payment	17197
or default on the part of an eligible organization does not in any	17198
manner affect the residential facility linked deposit agreement	17199
between the county investing authority and the eligible lending	17200
institution.	17201

Sec. 5126.99. (A) Whoever violates division (B) of section	17202
5126.044 of the Revised Code is guilty of a misdemeanor of the	17203
first degree.	17204

(B) Whoever violates division (F) of section 5126.253 of the	17205
Revised Code shall be punished as follows:	17206

(1) Except as otherwise provided in division (B)(2) of this	17207
section, the person is guilty of a misdemeanor of the fourth	17208
degree.	17209

(2) The person is guilty of a misdemeanor of the first degree	17210
if both of the following conditions apply:	17211

(a) The employee who is the subject of the report that the	17212
person fails to submit was required to be reported for the	17213
commission or alleged commission of an act or offense involving	17214
the infliction on a child of any physical or mental wound, injury,	17215
disability, or condition of a nature that constitutes abuse or	17216
neglect of the child;	17217

(b) During the period between the violation of division (F)	17218
of section 5126.253 of the Revised Code and the conviction of or	17219
plea of guilty by the person for that violation, the employee who	17220
is the subject of the report that the person fails to submit	17221
inflicts on any child attending a school district, educational	17222
service center, public or nonpublic school, or county board of	17223
~~mental retardation and~~ developmental disabilities where the	17224
employee works any physical or mental wound, injury, disability,	17225
or condition of a nature that constitutes abuse or neglect of the	17226
child.	17227

Sec. 5153.16. (A) Except as provided in section 2151.422 of	17228
the Revised Code, in accordance with rules adopted under section	17229
5153.166 of the Revised Code, and on behalf of children in the	17230
county whom the public children services agency considers to be in	17231
need of public care or protective services, the public children	17232
services agency shall do all of the following:	17233

(1) Make an investigation concerning any child alleged to be	17234
an abused, neglected, or dependent child;	17235

(2) Enter into agreements with the parent, guardian, or other	17236
person having legal custody of any child, or with the department	17237
of job and family services, department of mental health,	17238
department of mental retardation and developmental disabilities,	17239
other department, any certified organization within or outside the	17240
county, or any agency or institution outside the state, having	17241
legal custody of any child, with respect to the custody, care, or	17242
placement of any child, or with respect to any matter, in the	17243
interests of the child, provided the permanent custody of a child	17244
shall not be transferred by a parent to the public children	17245
services agency without the consent of the juvenile court;	17246

(3) Accept custody of children committed to the public	17247
children services agency by a court exercising juvenile	17248
jurisdiction;	17249

(4) Provide such care as the public children services agency	17250
considers to be in the best interests of any child adjudicated to	17251
be an abused, neglected, or dependent child the agency finds to be	17252
in need of public care or service;	17253

(5) Provide social services to any unmarried girl adjudicated	17254
to be an abused, neglected, or dependent child who is pregnant	17255
with or has been delivered of a child;	17256

(6) Make available to the bureau for children with medical	17257
handicaps of the department of health at its request any	17258
information concerning a crippled child found to be in need of	17259
treatment under sections 3701.021 to 3701.028 of the Revised Code	17260
who is receiving services from the public children services	17261
agency;	17262

(7) Provide temporary emergency care for any child considered	17263
by the public children services agency to be in need of such care,	17264
without agreement or commitment;	17265

(8) Find certified foster homes, within or outside the	17266
county, for the care of children, including handicapped children	17267
from other counties attending special schools in the county;	17268

(9) Subject to the approval of the board of county	17269
commissioners and the state department of job and family services,	17270
establish and operate a training school or enter into an agreement	17271
with any municipal corporation or other political subdivision of	17272
the county respecting the operation, acquisition, or maintenance	17273
of any children's home, training school, or other institution for	17274
the care of children maintained by such municipal corporation or	17275
political subdivision;	17276

(10) Acquire and operate a county children's home, establish,	17277
maintain, and operate a receiving home for the temporary care of	17278
children, or procure certified foster homes for this purpose;	17279

(11) Enter into an agreement with the trustees of any	17280
district children's home, respecting the operation of the district	17281
children's home in cooperation with the other county boards in the	17282
district;	17283

(12) Cooperate with, make its services available to, and act	17284
as the agent of persons, courts, the department of job and family	17285
services, the department of health, and other organizations within	17286
and outside the state, in matters relating to the welfare of	17287
children, except that the public children services agency shall	17288
not be required to provide supervision of or other services	17289
related to the exercise of parenting time rights granted pursuant	17290
to section 3109.051 or 3109.12 of the Revised Code or	17291
companionship or visitation rights granted pursuant to section	17292
3109.051, 3109.11, or 3109.12 of the Revised Code unless a	17293
juvenile court, pursuant to Chapter 2151. of the Revised Code, or	17294
a common pleas court, pursuant to division (E)(6) of section	17295
3113.31 of the Revised Code, requires the provision of supervision	17296
or other services related to the exercise of the parenting time	17297
rights or companionship or visitation rights;	17298

(13) Make investigations at the request of any superintendent	17299
of schools in the county or the principal of any school concerning	17300
the application of any child adjudicated to be an abused,	17301
neglected, or dependent child for release from school, where such	17302
service is not provided through a school attendance department;	17303

(14) Administer funds provided under Title IV-E of the	17304
"Social Security Act," 94 Stat. 501 (1980), 42 U.S.C.A. 671, as	17305
amended, in accordance with rules adopted under section 5101.141	17306
of the Revised Code;	17307

(15) In addition to administering Title IV-E adoption	17308
assistance funds, enter into agreements to make adoption	17309
assistance payments under section 5153.163 of the Revised Code;	17310

(16) Implement a system of safety and risk assessment, in	17311
accordance with rules adopted by the director of job and family	17312
services, to assist the public children services agency in	17313
determining the risk of abuse or neglect to a child;	17314

(17) Enter into a plan of cooperation with the board of	17315
county commissioners under section 307.983 of the Revised Code and	17316
comply with each fiscal agreement the board enters into under	17317
section 307.98 of the Revised Code that include family services	17318
duties of public children services agencies and contracts the	17319
board enters into under sections 307.981 and 307.982 of the	17320
Revised Code that affect the public children services agency;	17321

(18) Make reasonable efforts to prevent the removal of an	17322
alleged or adjudicated abused, neglected, or dependent child from	17323
the child's home, eliminate the continued removal of the child	17324
from the child's home, or make it possible for the child to return	17325
home safely, except that reasonable efforts of that nature are not	17326
required when a court has made a determination under division	17327
(A)(2) of section 2151.419 of the Revised Code;	17328

(19) Make reasonable efforts to place the child in a timely	17329
manner in accordance with the permanency plan approved under	17330
division (E) of section 2151.417 of the Revised Code and to	17331
complete whatever steps are necessary to finalize the permanent	17332
placement of the child;	17333

(20) Administer a Title IV-A program identified under	17334
division (A)(4)(c) or (f) of section 5101.80 of the Revised Code	17335
that the department of job and family services provides for the	17336
public children services agency to administer under the	17337
department's supervision pursuant to section 5101.801 of the	17338
Revised Code;	17339

(21) Administer the kinship permanency incentive program	17340
created under section 5101.802 of the Revised Code under the	17341
supervision of the director of job and family services;	17342

(22) Provide independent living services pursuant to sections	17343
2151.81 to 2151.84 of the Revised Code.	17344

(B) The public children services agency shall use the system	17345
implemented pursuant to division (A)(16) of this section in	17346
connection with an investigation undertaken pursuant to division	17347
(F)(1) of section 2151.421 of the Revised Code to assess both of	17348
the following:	17349

(1) The ongoing safety of the child;

17350

(2) The appropriateness of the intensity and duration of the	17351
services provided to meet child and family needs throughout the	17352
duration of a case.	17353

(C) Except as provided in section 2151.422 of the Revised	17354
Code, in accordance with rules of the director of job and family	17355
services, and on behalf of children in the county whom the public	17356
children services agency considers to be in need of public care or	17357
protective services, the public children services agency may do	17358
the following:	17359

(1) Provide or find, with other child serving systems,	17360
specialized foster care for the care of children in a specialized	17361
foster home, as defined in section 5103.02 of the Revised Code,	17362
certified under section 5103.03 of the Revised Code;	17363

(2)(a) Except as limited by divisions (C)(2)(b) and (c) of	17364
this section, contract with the following for the purpose of	17365
assisting the agency with its duties:	17366

(i) County departments of job and family services;

17367

(ii) Boards of alcohol, drug addiction, and mental health	17368
services;	17369

(iii) County boards of ~~mental retardation and~~ developmental	17370
disabilities;	17371

(iv) Regional councils of political subdivisions established	17372
under Chapter 167. of the Revised Code;	17373

(v) Private and government providers of services;

17374

(vi) Managed care organizations and prepaid health plans.

17375

(b) A public children services agency contract under division	17376
(C)(2)(a) of this section regarding the agency's duties under	17377
section 2151.421 of the Revised Code may not provide for the	17378
entity under contract with the agency to perform any service not	17379
authorized by the department's rules.	17380

(c) Only a county children services board appointed under	17381
section 5153.03 of the Revised Code that is a public children	17382
services agency may contract under division (C)(2)(a) of this	17383
section. If an entity specified in division (B) or (C) of section	17384
5153.02 of the Revised Code is the public children services agency	17385
for a county, the board of county commissioners may enter into	17386
contracts pursuant to section 307.982 of the Revised Code	17387
regarding the agency's duties.	17388

Sec. 5153.99. Whoever violates division (F) of section	17389
5153.176 of the Revised Code shall be punished as follows:	17390

(A) Except as otherwise provided in division (B) of this	17391
section, the person is guilty of a misdemeanor of the fourth	17392
degree.	17393

(B) The person is guilty of a misdemeanor of the first degree	17394
if, during the period between the violation and the conviction of	17395
or plea of guilty by the person for that violation, the license	17396
holder who is the subject of the investigation about which the	17397
person fails to provide information inflicts on any child	17398
attending a school district, educational service center, public or	17399
nonpublic school, or county board of ~~mental retardation and~~	17400
developmental disabilities where the license holder works any	17401
physical or mental wound, injury, disability, or condition of a	17402
nature that constitutes abuse or neglect of the child.	17403

Sec. 5543.011. A county engineer may sell directly to a	17404
county board of ~~mental retardation and~~ developmental disabilities	17405
gasoline and diesel fuel that has been purchased for the use of	17406
the county engineer's office.	17407

Sec. 5705.091. The board of county commissioners of each	17408
county shall establish a county ~~mental retardation and~~	17409
developmental disabilities general fund. Notwithstanding section	17410
5705.10 of the Revised Code, proceeds from levies under section	17411
5705.222 and division (L) of section 5705.19 of the Revised Code	17412
shall be deposited to the credit of the county ~~mental retardation~~	17413
~~and~~ developmental disabilities general fund. Accounts shall be	17414
established within the county ~~mental retardation and~~ developmental	17415
disabilities general fund for each of the several particular	17416
purposes of the levies as specified in the resolutions under which	17417
the levies were approved, and proceeds from different levies that	17418
were approved for the same particular purpose shall be credited to	17419
accounts for that purpose. Other money received by the county for	17420
the purposes of Chapters 3323. and 5126. of the Revised Code and	17421
not required by state or federal law to be deposited to the credit	17422
of a different fund shall also be deposited to the credit of the	17423
county ~~mental retardation and~~ developmental disabilities general	17424
fund, in an account appropriate to the particular purpose for	17425
which the money was received. Unless otherwise provided by law, an	17426
unexpended balance at the end of a fiscal year in any account in	17427
the county ~~mental retardation and~~ developmental disabilities	17428
general fund shall be appropriated the next fiscal year to the	17429
same fund.	17430

A county board of ~~mental retardation and~~ developmental	17431
disabilities may request, by resolution, that the board of county	17432
commissioners establish a county ~~mental retardation and~~	17433
developmental disabilities capital fund for money to be used for	17434
acquisition, construction, or improvement of capital facilities or	17435
acquisition of capital equipment used in providing services to	17436
mentally retarded and developmentally disabled persons. The county	17437
board of ~~mental retardation and~~ developmental disabilities shall	17438
transmit a certified copy of the resolution to the board of county	17439
commissioners. Upon receiving the resolution, the board of county	17440
commissioners shall establish a county ~~mental retardation and~~	17441
developmental disabilities capital fund.	17442

Sec. 5705.14. No transfer shall be made from one fund of a	17443
subdivision to any other fund, by order of the court or otherwise,	17444
except as follows:	17445

(A) The unexpended balance in a bond fund that is no longer	17446
needed for the purpose for which such fund was created shall be	17447
transferred to the sinking fund or bond retirement fund from which	17448
such bonds are payable.	17449

(B) The unexpended balance in any specific permanent	17450
improvement fund, other than a bond fund, after the payment of all	17451
obligations incurred in the acquisition of such improvement, shall	17452
be transferred to the sinking fund or bond retirement fund of the	17453
subdivision; provided that if such money is not required to meet	17454
the obligations payable from such funds, it may be transferred to	17455
a special fund for the acquisition of permanent improvements, or,	17456
with the approval of the court of common pleas of the county in	17457
which such subdivision is located, to the general fund of the	17458
subdivision.	17459

(C) The unexpended balance in the sinking fund or bond	17460
retirement fund of a subdivision, after all indebtedness,	17461
interest, and other obligations for the payment of which such fund	17462
exists have been paid and retired, shall be transferred, in the	17463
case of the sinking fund, to the bond retirement fund, and in the	17464
case of the bond retirement fund, to the sinking fund; provided	17465
that if such transfer is impossible by reason of the nonexistence	17466
of the fund to receive the transfer, such unexpended balance, with	17467
the approval of the court of common pleas of the county in which	17468
such division is located, may be transferred to any other fund of	17469
the subdivision.	17470

(D) The unexpended balance in any special fund, other than an	17471
improvement fund, existing in accordance with division (D), (F),	17472
or (G) of section 5705.09 or section 5705.12 of the Revised Code,	17473
may be transferred to the general fund or to the sinking fund or	17474
bond retirement fund after the termination of the activity,	17475
service, or other undertaking for which such special fund existed,	17476
but only after the payment of all obligations incurred and payable	17477
from such special fund.	17478

(E) Money may be transferred from the general fund to any	17479
other fund of the subdivision.	17480

(F) Moneys retained or received by a county under section	17481
4501.04 or division (A)(3) of section 5735.27 of the Revised Code	17482
may be transferred from the fund into which they were deposited to	17483
the sinking fund or bond retirement fund from which any principal,	17484
interest, or charges for which such moneys may be used is payable.	17485

(G) Moneys retained or received by a municipal corporation	17486
under section 4501.04 or division (A)(1) or (2) of section 5735.27	17487
of the Revised Code may be transferred from the fund into which	17488
they were deposited to the sinking fund or bond retirement fund	17489
from which any principal, interest, or charges for which such	17490
moneys may be used is payable.	17491

(H)(1) Money may be transferred from the county ~~mental~~	17492
~~retardation and~~ developmental disabilities general fund to the	17493
county ~~mental retardation and~~ developmental disabilities capital	17494
fund established under section 5705.091 of the Revised Code or to	17495
any other fund created for the purposes of the county board of	17496
~~mental retardation and~~ developmental disabilities, so long as	17497
money in the fund to which the money is transferred can be spent	17498
for the particular purpose of the transferred money. The county	17499
board of ~~mental retardation and~~ developmental disabilities may	17500
request, by resolution, that the board of county commissioners	17501
make the transfer. The county board of ~~mental retardation and~~	17502
developmental disabilities shall transmit a certified copy of the	17503
resolution to the board of county commissioners. Upon receiving	17504
the resolution, the board of county commissioners may make the	17505
transfer. Money transferred to a fund shall be credited to an	17506
account appropriate to its particular purpose.	17507

(2) An unexpended balance in an account in the county ~~mental~~	17508
~~retardation and~~ developmental disabilities capital fund or any	17509
other fund created for the purposes of the county board of ~~mental~~	17510
~~retardation and~~ developmental disabilities may be transferred back	17511
to the county ~~mental retardation and~~ developmental disabilities	17512
general fund. The transfer may be made if the unexpended balance	17513
is no longer needed for its particular purpose and all outstanding	17514
obligations have been paid. Money transferred back to the county	17515
~~mental retardation and~~ developmental disabilities general fund	17516
shall be credited to an account for current expenses within that	17517
fund. The county board of ~~mental retardation and~~ developmental	17518
disabilities may request, by resolution, that the board of county	17519
commissioners make the transfer. The county board of ~~mental~~	17520
~~retardation and~~ developmental disabilities shall transmit a	17521
certified copy of the resolution to the board of county	17522
commissioners. Upon receiving the resolution, the board of county	17523
commissioners may make the transfer.	17524

Except in the case of transfer pursuant to division (E) of	17525
this section, transfers authorized by this section shall only be	17526
made by resolution of the taxing authority passed with the	17527
affirmative vote of two-thirds of the members.	17528

Sec. 5705.191. The taxing authority of any subdivision,	17529
other than the board of education of a school district or the	17530
taxing authority of a county school financing district, by a vote	17531
of two-thirds of all its members, may declare by resolution that	17532
the amount of taxes that may be raised within the ten-mill	17533
limitation by levies on the current tax duplicate will be	17534
insufficient to provide an adequate amount for the necessary	17535
requirements of the subdivision, and that it is necessary to levy	17536
a tax in excess of such limitation for any of the purposes in	17537
section 5705.19 of the Revised Code, or to supplement the general	17538
fund for the purpose of making appropriations for one or more of	17539
the following purposes: public assistance, human or social	17540
services, relief, welfare, hospitalization, health, and support of	17541
general hospitals, and that the question of such additional tax	17542
levy shall be submitted to the electors of the subdivision at a	17543
general, primary, or special election to be held at a time therein	17544
specified. Such resolution shall not include a levy on the current	17545
tax list and duplicate unless such election is to be held at or	17546
prior to the general election day of the current tax year. Such	17547
resolution shall conform to the requirements of section 5705.19 of	17548
the Revised Code, except that a levy to supplement the general	17549
fund for the purposes of public assistance, human or social	17550
services, relief, welfare, hospitalization, health, or the support	17551
of general or tuberculosis hospitals may not be for a longer	17552
period than ten years. All other levies under this section may not	17553
be for a longer period than five years unless a longer period is	17554
permitted by section 5705.19 of the Revised Code, and the	17555
resolution shall specify the date of holding such election, which	17556
shall not be earlier than seventy-five days after the adoption and	17557
certification of such resolution. The resolution shall go into	17558
immediate effect upon its passage and no publication of the same	17559
is necessary other than that provided for in the notice of	17560
election. A copy of such resolution, immediately after its	17561
passage, shall be certified to the board of elections of the	17562
proper county or counties in the manner provided by section	17563
5705.25 of the Revised Code, and such section shall govern the	17564
arrangements for the submission of such question and other matters	17565
with respect to such election, to which section 5705.25 of the	17566
Revised Code refers, excepting that such election shall be held on	17567
the date specified in the resolution, which shall be consistent	17568
with the requirements of section 3501.01 of the Revised Code,	17569
provided that only one special election for the submission of such	17570
question may be held in any one calendar year and provided that a	17571
special election may be held upon the same day a primary election	17572
is held. Publication of notice of that election shall be made in	17573
one or more newspapers of general circulation in the county once a	17574
week for two consecutive weeks prior to the election, and, if the	17575
board of elections operates and maintains a web site, the board of	17576
elections shall post notice of the election on its web site for	17577
thirty days prior to the election.	17578

If a majority of the electors voting on the question vote in	17579
favor thereof, the taxing authority of the subdivision may make	17580
the necessary levy within such subdivision at the additional rate	17581
or at any lesser rate outside the ten-mill limitation on the tax	17582
list and duplicate for the purpose stated in the resolution. Such	17583
tax levy shall be included in the next annual tax budget that is	17584
certified to the county budget commission.	17585

After the approval of such a levy by the electors, the taxing	17586
authority of the subdivision may anticipate a fraction of the	17587
proceeds of such levy and issue anticipation notes. In the case of	17588
a continuing levy that is not levied for the purpose of current	17589
expenses, notes may be issued at any time after approval of the	17590
levy in an amount not more than fifty per cent of the total	17591
estimated proceeds of the levy for the succeeding ten years, less	17592
an amount equal to the fraction of the proceeds of the levy	17593
previously anticipated by the issuance of anticipation notes. In	17594
the case of a levy for a fixed period that is not for the purpose	17595
of current expenses, notes may be issued at any time after	17596
approval of the levy in an amount not more than fifty per cent of	17597
the total estimated proceeds of the levy throughout the remaining	17598
life of the levy, less an amount equal to the fraction of the	17599
proceeds of the levy previously anticipated by the issuance of	17600
anticipation notes. In the case of a levy for current expenses,	17601
notes may be issued after the approval of the levy by the electors	17602
and prior to the time when the first tax collection from the levy	17603
can be made. Such notes may be issued in an amount not more than	17604
fifty per cent of the total estimated proceeds of the levy	17605
throughout the term of the levy in the case of a levy for a fixed	17606
period, or fifty per cent of the total estimated proceeds for the	17607
first ten years of the levy in the case of a continuing levy.	17608

No anticipation notes that increase the net indebtedness of a	17609
county may be issued without the prior consent of the board of	17610
county commissioners of that county. The notes shall be issued as	17611
provided in section 133.24 of the Revised Code, shall have	17612
principal payments during each year after the year of their	17613
issuance over a period not exceeding the life of the levy	17614
anticipated, and may have a principal payment in the year of their	17615
issuance.	17616

"Taxing authority" and "subdivision" have the same meanings	17617
as in section 5705.01 of the Revised Code.	17618

"Human or social services" includes a county's contributions	17619
to a multicounty board of ~~mental retardation and~~ developmental	17620
disabilities of which the county is a member.	17621

This section is supplemental to and not in derogation of	17622
sections 5705.20, 5705.21, and 5705.22 of the Revised Code.	17623

Sec. 5705.222. (A) At any time the board of county	17624
commissioners of any county by a majority vote of the full	17625
membership may declare by resolution and certify to the board of	17626
elections of the county that the amount of taxes which may be	17627
raised within the ten-mill limitation by levies on the current tax	17628
duplicate will be insufficient to provide the necessary	17629
requirements of the single county board of ~~mental retardation and~~	17630
developmental disabilities established pursuant to Chapter 5126.	17631
of the Revised Code, or the county's contribution to a multicounty	17632
board created under that chapter of which the county is a member,	17633
and that it is necessary to levy a tax in excess of such	17634
limitation for the operation of programs and services by county	17635
boards of ~~mental retardation and~~ developmental disabilities and	17636
for the acquisition, construction, renovation, financing,	17637
maintenance, and operation of mental retardation and developmental	17638
disabilities facilities.	17639

Such resolution shall conform to section 5705.19 of the	17640
Revised Code, except that the increased rate may be in effect for	17641
any number of years not exceeding ten or for a continuing period	17642
of time.	17643

The resolution shall be certified and submitted in the manner	17644
provided in section 5705.25 of the Revised Code, except that it	17645
may be placed on the ballot in any election, and shall be	17646
certified to the board of elections not less than seventy-five	17647
days before the election at which it will be voted upon.	17648

If the majority of the electors voting on a levy for the	17649
support of the programs and services of the county board of ~~mental~~	17650
~~retardation and~~ developmental disabilities vote in favor of the	17651
levy, the board of county commissioners may levy a tax within the	17652
county at the additional rate outside the ten-mill limitation	17653
during the specified or continuing period, for the purpose stated	17654
in the resolution. The county board of ~~mental retardation and~~	17655
developmental disabilities, within its budget and with the	17656
approval of the board of county commissioners through annual	17657
appropriations, shall use the proceeds of a levy approved under	17658
this section solely for the purposes authorized by this section.	17659

(B) When electors have approved a tax levy under this	17660
section, the county commissioners may anticipate a fraction of the	17661
proceeds of the levy and issue anticipation notes in accordance	17662
with section 5705.191 or 5705.193 of the Revised Code.	17663

(C) The county auditor, upon receipt of a resolution from the	17664
county board of ~~mental retardation and~~ developmental disabilities,	17665
shall establish a capital improvements account or a reserve	17666
balance account, or both, as specified in the resolution. The	17667
capital improvements account shall be a contingency account for	17668
the necessary acquisition, replacement, renovation, or	17669
construction of facilities and movable and fixed equipment. Upon	17670
the request of the county board of ~~mental retardation and~~	17671
developmental disabilities, moneys not needed to pay for current	17672
expenses may be appropriated to this account, in amounts such that	17673
this account does not exceed twenty-five per cent of the	17674
replacement value of all capital facilities and equipment	17675
currently used by the county board of ~~mental retardation and~~	17676
developmental disabilities for mental retardation and	17677
developmental disabilities programs and services. Other moneys	17678
available for current capital expenses from federal, state, or	17679
local sources may also be appropriated to this account.	17680

The reserve balance account shall contain those moneys that	17681
are not needed to pay for current operating expenses and not	17682
deposited in the capital improvements account but that will be	17683
needed to pay for operating expenses in the future. Upon the	17684
request of a county board of ~~mental retardation and~~ developmental	17685
disabilities, the board of county commissioners may appropriate	17686
moneys to the reserve balance account.	17687

Sec. 5705.28. (A) Except as provided in division (B)(1) or	17688
(2) of this section or in section 5705.281 of the Revised Code,	17689
the taxing authority of each subdivision or other taxing unit	17690
shall adopt a tax budget for the next succeeding fiscal year:	17691

(1) On or before the fifteenth day of January in the case of	17692
a school district;	17693

(2) On or before the fifteenth day of July in the case of all	17694
other subdivisions and taxing units.	17695

(B)(1) Before the first day of June in each year, the board	17696
of trustees of a school library district entitled to participate	17697
in any appropriation or revenue of a school district or to have a	17698
tax proposed by the board of education of a school district shall	17699
file with the board of education of the school district a tax	17700
budget for the ensuing fiscal year. On or before the fifteenth day	17701
of July in each year, the board of education of a school district	17702
to which a school library district tax budget was submitted under	17703
this division shall adopt such tax budget on behalf of the library	17704
district, but such budget shall not be part of the school	17705
district's tax budget.	17706

(2)(a) The taxing authority of a taxing unit that does not	17707
levy a tax is not required to adopt a tax budget pursuant to	17708
division (A) of this section. Instead, on or before the fifteenth	17709
day of July each year, such taxing authority shall adopt an	17710
operating budget for the taxing unit for the ensuing fiscal year.	17711
The operating budget shall include an estimate of receipts from	17712
all sources, a statement of all taxing unit expenses that are	17713
anticipated to occur, and the amount required for debt charges	17714
during the fiscal year. The operating budget is not required to be	17715
filed with the county auditor or the county budget commission.	17716

(b) Except for this section and sections 5705.36, 5705.38,	17717
5705.40, 5705.41, 5705.43, 5705.44, and 5705.45 of the Revised	17718
Code, a taxing unit that does not levy a tax is not a taxing unit	17719
for purposes of Chapter 5705. of the Revised Code. Documents	17720
prepared in accordance with such sections are not required to be	17721
filed with the county auditor or county budget commission.	17722

(c) The total appropriations from each fund of a taxing unit	17723
that does not levy a tax shall not exceed the total estimated	17724
revenue available for expenditures from the fund, and	17725
appropriations shall be made from each fund only for the purposes	17726
for which the fund is established.	17727

(C)(1) To assist in the preparation of the tax budget, the	17728
head of each department, board, commission, and district authority	17729
entitled to participate in any appropriation or revenue of a	17730
subdivision shall file with the taxing authority, or in the case	17731
of a municipal corporation, with its chief executive officer,	17732
before the forty-fifth day prior to the date on which the budget	17733
must be adopted, an estimate of contemplated revenue and	17734
expenditures for the ensuing fiscal year, in such form as is	17735
prescribed by the taxing authority of the subdivision or by the	17736
auditor of state. The taxing authority shall include in its budget	17737
of expenditures the full amounts requested by district	17738
authorities, not to exceed the amount authorized by law, if such	17739
authorities may fix the amount of revenue they are to receive from	17740
the subdivision. In a municipal corporation in which a special	17741
levy for a municipal university has been authorized to be levied	17742
in excess of the ten-mill limitation, or is required by the	17743
charter of the municipal corporation, the taxing authority shall	17744
include an amount not less than the estimated yield of such levy,	17745
if such amount is requested by the board of directors of the	17746
municipal university.	17747

(2) A county board of ~~mental retardation and~~ developmental	17748
disabilities may include within its estimate of contemplated	17749
revenue and expenditures a reserve balance account in the	17750
community ~~mental retardation and~~ developmental disabilities	17751
residential services fund. The account shall contain money that is	17752
not needed to pay for current expenses for residential services	17753
and supported living but will be needed to pay for expenses for	17754
such services in the future or may be needed for unanticipated	17755
emergency expenses. On the request of the county board of ~~mental~~	17756
~~retardation and~~ developmental disabilities, the board of county	17757
commissioners shall include such an account in its budget of	17758
expenditures and appropriate money to the account from residential	17759
service moneys for the county board.	17760

(D) The board of trustees of any public library desiring to	17761
participate in the distribution of the county public library fund	17762
shall adopt appropriate rules extending the benefits of the	17763
library service of such library to all the inhabitants of the	17764
county on equal terms, unless such library service is by law	17765
available to all such inhabitants, and shall certify a copy of	17766
such rules to the taxing authority with its estimate of	17767
contemplated revenue and expenditures. Where such rules have been	17768
so certified or where the adoption of such rules is not required,	17769
the taxing authority shall include in its budget of receipts such	17770
amounts as are specified by such board as contemplated revenue	17771
from the county public library fund, and in its budget of	17772
expenditures the full amounts requested therefrom by such board.	17773
No library association, incorporated or unincorporated, is	17774
entitled to participate in the proceeds of the county public	17775
library fund unless such association both was organized and	17776
operating prior to January 1, 1968, and participated in the	17777
distribution of the proceeds of the county public library fund	17778
prior to December 31, 2005.	17779

Sec. 5705.44. When contracts or leases run beyond the	17780
termination of the fiscal year in which they are made, the fiscal	17781
officer of the taxing authority shall make a certification for the	17782
amount required to meet the obligation of such contract or lease	17783
maturing in such fiscal year. The amount of the obligation under	17784
such contract or lease remaining unfulfilled at the end of a	17785
fiscal year, and which will become payable during the next fiscal	17786
year, shall be included in the annual appropriation measure for	17787
the next year as a fixed charge.	17788

The certificate required by section 5705.41 of the Revised	17789
Code as to money in the treasury shall not be required for	17790
contracts on which payments are to be made from the earnings of a	17791
publicly operated water works or public utility, but in the case	17792
of any such contract made without such certification, no payment	17793
shall be made on account thereof, and no claim or demand thereon	17794
shall be recoverable, except out of such earnings. That	17795
certificate also shall not be required if requiring the	17796
certificate makes it impossible for a county board of ~~mental~~	17797
~~retardation and~~ developmental disabilities to pay the nonfederal	17798
share of medicaid expenditures that the county board is required	17799
by sections 5126.059 and 5126.0510 of the Revised Code to pay.	17800

Sec. 5735.142. (A)(1) Any person who uses any motor fuel, on	17801
which the tax imposed by sections 5735.05, 5735.25, and 5735.29 of	17802
the Revised Code has been paid, for the purpose of operating a	17803
transit bus shall be reimbursed in the amount of the tax paid on	17804
motor fuel used by public transportation systems providing transit	17805
or paratransit service on a regular and continuing basis within	17806
the state;	17807

(2) A city, exempted village, joint vocational, or local	17808
school district or educational service center that purchases any	17809
motor fuel for school district or service center operations, on	17810
which any tax imposed by section 5735.29 of the Revised Code that	17811
became effective on or after July 1, 2003, has been paid, may, if	17812
an application is filed under this section, be reimbursed in the	17813
amount of all but two cents per gallon of the total tax imposed by	17814
such section and paid on motor fuel.	17815

(3) A county board of ~~mental retardation and~~ developmental	17816
disabilities that, on or after July 1, 2005, purchases any motor	17817
fuel for county board operations, on which any tax imposed by	17818
section 5735.29 of the Revised Code has been paid may, if an	17819
application is filed under this section, be reimbursed in the	17820
amount of all but two cents per gallon of the total tax imposed by	17821
such section and paid on motor fuel purchased on or after July 1,	17822
2005.	17823

(B) Such person, school district, educational service center,	17824
or county board shall file with the tax commissioner an	17825
application for refund within one year from the date of purchase,	17826
stating the quantity of fuel used for operating transit buses used	17827
by local transit systems in furnishing scheduled common carrier,	17828
public passenger land transportation service along regular routes	17829
primarily in one or more municipal corporations or for operating	17830
vehicles used for school district, service center, or county board	17831
operations. However, no claim shall be made for the tax on fewer	17832
than one hundred gallons of motor fuel. A school district,	17833
educational service center, or county board shall not apply for a	17834
refund for any tax paid on motor fuel that is sold by the	17835
district, service center, or county board. The application shall	17836
be accompanied by the statement described in section 5735.15 of	17837
the Revised Code showing the purchase, together with evidence of	17838
payment thereof.	17839

(C) After consideration of the application and statement, the	17840
commissioner shall determine the amount of refund to which the	17841
applicant is entitled. If the amount is not less than that	17842
claimed, the commissioner shall certify the amount to the director	17843
of budget and management and treasurer of state for payment from	17844
the tax refund fund created by section 5703.052 of the Revised	17845
Code. If the amount is less than that claimed, the commissioner	17846
shall proceed in accordance with section 5703.70 of the Revised	17847
Code.	17848

The commissioner may require that the application be	17849
supported by the affidavit of the claimant. No refund shall be	17850
authorized or ordered for any single claim for the tax on fewer	17851
than one hundred gallons of motor fuel. No refund shall be	17852
authorized or ordered on motor fuel that is sold by a school	17853
district, educational service center, or county board.	17854

(D) The refund authorized by this section or section 5703.70	17855
of the Revised Code shall be reduced by the cents per gallon	17856
amount of any qualified fuel credit received under section	17857
5735.145 of the Revised Code, as determined by the commissioner,	17858
for each gallon of qualified fuel included in the total gallonage	17859
of motor fuel upon which the refund is computed.	17860

(E) The right to receive any refund under this section or	17861
section 5703.70 of the Revised Code is not assignable. The payment	17862
of this refund shall not be made to any person or entity other	17863
than the person or entity originally entitled thereto who used the	17864
motor fuel upon which the claim for refund is based, except that	17865
the refund when allowed and certified, as provided in this	17866
section, may be paid to the executor, the administrator, the	17867
receiver, the trustee in bankruptcy, or the assignee in insolvency	17868
proceedings of the person.	17869

Sec. 5815.28. (A) As used in this section:

17870

(1) "Ascertainable standard" includes a standard in a trust	17871
instrument requiring the trustee to provide for the care, comfort,	17872
maintenance, welfare, education, or general well-being of the	17873
beneficiary.	17874

(2) "Disability" means any substantial, medically	17875
determinable impairment that can be expected to result in death or	17876
that has lasted or can be expected to last for a continuous period	17877
of at least twelve months, except that "disability" does not	17878
include an impairment that is the result of abuse of alcohol or	17879
drugs.	17880

(3) "Political subdivision" and "state" have the same	17881
meanings as in section 2744.01 of the Revised Code.	17882

(4) "Supplemental services" means services specified by rule	17883
of the department of mental health under section 5119.01 of the	17884
Revised Code or the department of mental retardation and	17885
developmental disabilities under section 5123.04 of the Revised	17886
Code that are provided to an individual with a disability in	17887
addition to services the individual is eligible to receive under	17888
programs authorized by federal or state law.	17889

(B) Any person may create a trust under this section to	17890
provide funding for supplemental services for the benefit of	17891
another individual who meets either of the following conditions:	17892

(1) The individual has a physical or mental disability and is	17893
eligible to receive services through the department of mental	17894
retardation and developmental disabilities or a county board of	17895
~~mental retardation and~~ developmental disabilities;	17896

(2) The individual has a mental disability and is eligible to	17897
receive services through the department of mental health or a	17898
board of alcohol, drug addiction, and mental health services.	17899

The trust may confer discretion upon the trustee and may	17900
contain specific instructions or conditions governing the exercise	17901
of the discretion.	17902

(C) The general division of the court of common pleas and the	17903
probate court of the county in which the beneficiary of a trust	17904
authorized by division (B) of this section resides or is confined	17905
have concurrent original jurisdiction to hear and determine	17906
actions pertaining to the trust. In any action pertaining to the	17907
trust in a court of common pleas or probate court and in any	17908
appeal of the action, all of the following apply to the trial or	17909
appellate court:	17910

(1) The court shall render determinations consistent with the	17911
testator's or other settlor's intent in creating the trust, as	17912
evidenced by the terms of the trust instrument.	17913

(2) The court may order the trustee to exercise discretion	17914
that the trust instrument confers upon the trustee only if the	17915
instrument contains specific instructions or conditions governing	17916
the exercise of that discretion and the trustee has failed to	17917
comply with the instructions or conditions. In issuing an order	17918
pursuant to this division, the court shall require the trustee to	17919
exercise the trustee's discretion only in accordance with the	17920
instructions or conditions.	17921

(3) The court may order the trustee to maintain the trust and	17922
distribute assets in accordance with rules adopted by the director	17923
of mental health under section 5119.01 of the Revised Code or the	17924
director of mental retardation and developmental disabilities	17925
under section 5123.04 of the Revised Code if the trustee has	17926
failed to comply with such rules.	17927

(D) To the extent permitted by federal law and subject to the	17928
provisions of division (C)(2) of this section pertaining to the	17929
enforcement of specific instructions or conditions governing a	17930
trustee's discretion, a trust authorized by division (B) of this	17931
section that confers discretion upon the trustee shall not be	17932
considered an asset or resource of the beneficiary, the	17933
beneficiary's estate, the settlor, or the settlor's estate and	17934
shall be exempt from the claims of creditors, political	17935
subdivisions, the state, other governmental entities, and other	17936
claimants against the beneficiary, the beneficiary's estate, the	17937
settlor, or the settlor's estate, including claims based on	17938
provisions of Chapters 5111., 5121., or 5123. of the Revised Code	17939
and claims sought to be satisfied by way of a civil action,	17940
subrogation, execution, garnishment, attachment, judicial sale, or	17941
other legal process, if all of the following apply:	17942

(1) At the time the trust is created, the trust principal	17943
does not exceed the maximum amount determined under division (E)	17944
of this section;	17945

(2) The trust instrument contains a statement of the	17946
settlor's intent, or otherwise clearly evidences the settlor's	17947
intent, that the beneficiary does not have authority to compel the	17948
trustee under any circumstances to furnish the beneficiary with	17949
minimal or other maintenance or support, to make payments from the	17950
principal of the trust or from the income derived from the	17951
principal, or to convert any portion of the principal into cash,	17952
whether pursuant to an ascertainable standard specified in the	17953
instrument or otherwise;	17954

(3) The trust instrument provides that trust assets can be	17955
used only to provide supplemental services, as defined by rule of	17956
the director of mental health under section 5119.01 of the Revised	17957
Code or the director of mental retardation and developmental	17958
disabilities under section 5123.04 of the Revised Code, to the	17959
beneficiary;	17960

(4) The trust is maintained and assets are distributed in	17961
accordance with rules adopted by the director of mental health	17962
under section 5119.01 of the Revised Code or the director of	17963
mental retardation and developmental disabilities under section	17964
5123.04 of the Revised Code;	17965

(5) The trust instrument provides that on the death of the	17966
beneficiary, a portion of the remaining assets of the trust, which	17967
shall be not less than fifty per cent of such assets, will be	17968
deposited to the credit of the services fund for individuals with	17969
mental illness created by section 5119.17 of the Revised Code or	17970
the services fund for individuals with mental retardation and	17971
developmental disabilities created by section 5123.40 of the	17972
Revised Code.	17973

(E) In 1994, the trust principal maximum amount for a trust	17974
created under this section shall be two hundred thousand dollars.	17975
The maximum amount for a trust created under this section prior to	17976
November 11, 1994, may be increased to two hundred thousand	17977
dollars.	17978

In 1995, the maximum amount for a trust created under this	17979
section shall be two hundred two thousand dollars. Each year	17980
thereafter, the maximum amount shall be the prior year's amount	17981
plus two thousand dollars.	17982

(F) This section does not limit or otherwise affect the	17983
creation, validity, interpretation, or effect of any trust that is	17984
not created under this section.	17985

(G) Once a trustee takes action on a trust created by a	17986
settlor under this section and disburses trust funds on behalf of	17987
the beneficiary of the trust, then the trust may not be terminated	17988
or otherwise revoked by a particular event or otherwise without	17989
payment into the services fund created pursuant to section 5119.17	17990
or 5123.40 of the Revised Code of an amount that is equal to the	17991
disbursements made on behalf of the beneficiary for medical care	17992
by the state from the date the trust vests but that is not more	17993
than fifty per cent of the trust corpus.	17994

Section 2. That existing sections 101.37, 109.57, 109.572,	17995
117.102, 121.36, 121.37, 124.11, 124.23, 124.241, 124.38, 135.801,	17996
135.802, 135.803, 140.03, 140.05, 145.297, 305.14, 307.10, 307.86,	17997
309.10, 319.16, 325.19, 329.06, 1751.01, 1751.02, 2108.521,	17998
2151.421, 3109.18, 3301.07, 3301.52, 3301.53, 3301.55, 3301.57,	17999
3301.58, 3314.022, 3314.99, 3317.01, 3317.02, 3317.024, 3317.03,	18000
3317.032, 3317.05, 3317.051, 3317.052, 3317.07, 3317.15, 3317.20,	18001
3319.22, 3319.99, 3323.01, 3323.02, 3323.021, 3323.03, 3323.04,	18002
3323.05, 3323.09, 3323.091, 3323.12, 3323.141, 3323.142, 3326.99,	18003
3701.93, 3701.932, 3701.933, 4109.06, 4141.29, 4511.21, 4511.75,	18004
5101.35, 5101.46, 5101.611, 5111.151, 5111.871, 5111.872,	18005
5111.873, 5123.033, 5123.04, 5123.042, 5123.043, 5123.044,	18006
5123.046, 5123.047, 5123.048, 5123.049, 5123.0411, 5123.0412,	18007
5123.0413, 5123.0416, 5123.081, 5123.082, 5123.16, 5123.166,	18008
5123.169, 5123.171, 5123.172, 5123.18, 5123.19, 5123.191,	18009
5123.211, 5123.351, 5123.36, 5123.37, 5123.371, 5123.372,	18010
5123.373, 5123.374, 5123.375, 5123.38, 5123.41, 5123.47, 5123.50,	18011
5123.52, 5123.542, 5123.60, 5123.602, 5123.61, 5123.611, 5123.613,	18012
5123.614, 5123.63, 5123.64, 5123.71, 5123.711, 5123.74, 5126.01,	18013
5126.02, 5126.021, 5126.022, 5126.023, 5126.024, 5126.025,	18014
5126.027, 5126.028, 5126.029, 5126.0210, 5126.0211, 5126.0212,	18015
5126.0213, 5126.0214, 5126.0215, 5126.0216, 5126.0217, 5126.0218,	18016
5126.0219, 5126.0220, 5126.0221, 5126.0222, 5126.0223, 5126.0224,	18017
5126.0225, 5126.0226, 5126.0227, 5126.0228, 5126.0229, 5126.03,	18018
5126.031, 5126.032, 5126.033, 5126.034, 5126.037, 5126.038,	18019
5126.04, 5126.041, 5126.042, 5126.044, 5126.045, 5126.046,	18020
5126.05, 5126.051, 5126.052, 5126.054, 5126.055, 5126.056,	18021
5126.058, 5126.059, 5126.0510, 5126.0511, 5126.0512, 5126.06,	18022
5126.07, 5126.071, 5126.08, 5126.081, 5126.082, 5126.09, 5126.10,	18023
5126.11, 5126.12, 5126.121, 5126.13, 5126.14, 5126.15, 5126.18,	18024
5126.19, 5126.20, 5126.201, 5126.21, 5126.22, 5126.221, 5126.23,	18025
5126.24, 5126.25, 5126.252, 5126.253, 5126.254, 5126.26, 5126.27,	18026
5126.28, 5126.281, 5126.29, 5126.30, 5126.31, 5126.311, 5126.313,	18027
5126.33, 5126.331, 5126.333, 5126.34, 5126.36, 5126.41, 5126.42,	18028
5126.43, 5126.45, 5126.46, 5126.47, 5126.49, 5126.50, 5126.54,	18029
5126.55, 5126.57, 5126.58, 5126.59, 5126.61, 5126.62, 5126.99,	18030
5153.16, 5153.99, 5543.011, 5705.091, 5705.14, 5705.191, 5705.222,	18031
5705.28, 5705.44, 5735.142, and 5815.28 of the Revised Code are	18032
hereby repealed.	18033

Section 3. That Sections 269.20.40, 269.20.80, 269.20.90,	18034
269.30.50, 337.30.30, 337.30.40, 337.30.60, and 337.40.30 of Am.	18035
Sub. H.B. 119 of the 127th General Assembly be amended to read as	18036
follows:	18037

Sec. 269.20.40. EDUCATION MANAGEMENT INFORMATION SYSTEM

18038

The foregoing appropriation item 200-446, Education	18039
Management Information System, shall be used by the Department of	18040
Education to improve the Education Management Information System	18041
(EMIS).	18042

Of the foregoing appropriation item 200-446, Education	18043
Management Information System, up to $1,338,620 in fiscal year	18044
2008 and up to $1,372,085 in fiscal year 2009 shall be distributed	18045
to designated information technology centers for costs relating to	18046
processing, storing, and transferring data for the effective	18047
operation of the EMIS. These costs may include, but are not	18048
limited to, personnel, hardware, software development,	18049
communications connectivity, professional development, and support	18050
services, and to provide services to participate in the State	18051
Education Technology Plan pursuant to section 3301.07 of the	18052
Revised Code.	18053

Of the foregoing appropriation item 200-446, Education	18054
Management Information System, up to $8,256,569 in fiscal year	18055
2008 and up to $8,462,984 in fiscal year 2009 shall be distributed	18056
on a per-pupil basis to school districts, community schools	18057
established under Chapter 3314. of the Revised Code, educational	18058
service centers, joint vocational school districts, and any other	18059
education entity that reports data through EMIS. From this	18060
funding, each school district or community school established	18061
under Chapter 3314. of the Revised Code with enrollment greater	18062
than 100 students and each vocational school district shall	18063
receive a minimum of $5,000 in each fiscal year. Each school	18064
district or community school established under Chapter 3314. of	18065
the Revised Code with enrollment between one and one hundred and	18066
each educational service center and each county board of ~~MR/DD~~	18067
developmental disabilities that submits data through EMIS shall	18068
receive $3,000 in each fiscal year. This subsidy shall be used for	18069
costs relating to reporting, processing, storing, transferring,	18070
and exchanging data necessary to meet requirements of the	18071
Department of Education's data system.	18072

The remainder of appropriation item 200-446, Education	18073
Management Information System, shall be used to develop and	18074
support a common core of data definitions and standards as adopted	18075
by the Education Management Information System Advisory Board,	18076
including the ongoing development and maintenance of the data	18077
dictionary and data warehouse. In addition, such funds shall be	18078
used to support the development and implementation of data	18079
standards and the design, development, and implementation of a new	18080
data exchange system.	18081

Any provider of software meeting the standards approved by	18082
the Education Management Information System Advisory Board shall	18083
be designated as an approved vendor and may enter into contracts	18084
with local school districts, community schools, information	18085
technology centers, or other educational entities for the purpose	18086
of collecting and managing data required under Ohio's education	18087
management information system (EMIS) laws. On an annual basis, the	18088
Department of Education shall convene an advisory group of school	18089
districts, community schools, and other education-related entities	18090
to review the Education Management Information System data	18091
definitions and data format standards. The advisory group shall	18092
recommend changes and enhancements based upon surveys of its	18093
members, education agencies in other states, and current industry	18094
practices, to reflect best practices, align with federal	18095
initiatives, and meet the needs of school districts.	18096

School districts and community schools not implementing a	18097
common and uniform set of data definitions and data format	18098
standards for Education Management Information System purposes	18099
shall have all EMIS funding withheld until they are in compliance.	18100

Sec. 269.20.80. PUPIL TRANSPORTATION

18101

Of the foregoing appropriation item 200-502, Pupil	18102
Transportation, up to $830,624 in fiscal year 2008 and up to	18103
$838,930 in fiscal year 2009 may be used by the Department of	18104
Education for training prospective and experienced school bus	18105
drivers in accordance with training programs prescribed by the	18106
Department. Up to $59,870,514 in fiscal year 2008 and up to	18107
$60,469,220 in fiscal year 2009 may be used by the Department of	18108
Education for special education transportation reimbursements to	18109
school districts and county ~~MR/DD~~ boards of developmental	18110
disabilities for transportation operating costs as provided in	18111
division (J) of section 3317.024 of the Revised Code. The	18112
remainder of appropriation item 200-502, Pupil Transportation,	18113
shall be used for the state reimbursement of public school	18114
districts' costs in transporting pupils to and from the school	18115
they attend in accordance with the district's policy, State Board	18116
of Education standards, and the Revised Code.	18117

Notwithstanding the distribution formula outlined in division	18118
(D) of section 3317.022 of the Revised Code, each school district	18119
shall receive an additional one per cent in state funding for	18120
transportation in fiscal year 2008 over what was received in	18121
fiscal year 2007, and the local share of transportation costs that	18122
is used in the calculation of the charge-off supplement under	18123
section 3317.0216 of the Revised Code and the excess cost	18124
supplement under division (F) of section 3317.022 of the Revised	18125
Code for each school district in fiscal year 2008 shall be	18126
increased by one per cent from that used in calculations in fiscal	18127
year 2007.	18128

Notwithstanding the distribution formula outlined in division	18129
(D) of section 3317.022 of the Revised Code, each school district	18130
shall receive an additional one per cent in state funding for	18131
transportation in fiscal year 2009 over what was received in	18132
fiscal year 2008, and the local share of transportation costs that	18133
is used in the calculation of the charge-off supplement under	18134
section 3317.0216 of the Revised Code and the excess cost	18135
supplement under division (F) of section 3317.022 of the Revised	18136
Code for each school district in fiscal year 2009 shall be	18137
increased by one per cent from that used in calculations in fiscal	18138
year 2008.	18139

School districts not receiving state funding for	18140
transportation in fiscal year 2005 under division (D) of section	18141
3317.022 of the Revised Code shall not receive state funding for	18142
transportation in fiscal year 2008 or fiscal year 2009.	18143

Sec. 269.20.90. BUS PURCHASE ALLOWANCE

18144

The foregoing appropriation item 200-503, Bus Purchase	18145
Allowance, shall be distributed to school districts, educational	18146
service centers, and county ~~MR/DD~~ boards of developmental	18147
disabilities pursuant to rules adopted under section 3317.07 of	18148
the Revised Code. Up to 28 per cent of the amount appropriated	18149
may be used to reimburse school districts and educational service	18150
centers for the purchase of buses to transport students with	18151
disabilities and nonpublic school students and to county ~~MR/DD~~	18152
boards of developmental disabilities, the Ohio School for the	18153
Deaf, and the Ohio School for the Blind for the purchase of buses	18154
to transport students with disabilities.	18155

SCHOOL LUNCH MATCH

18156

The foregoing appropriation item 200-505, School Lunch Match,	18157
shall be used to provide matching funds to obtain federal funds	18158
for the school lunch program.	18159

Sec. 269.30.50. SPECIAL EDUCATION ENHANCEMENTS

18160

Of the foregoing appropriation item 200-540, Special	18161
Education Enhancements, up to $2,906,875 in each fiscal year shall	18162
be used for home instruction for children with disabilities; up to	18163
$1,462,500 in each fiscal year shall be used for parent mentoring	18164
programs; and up to $2,783,396 in each fiscal year may be used for	18165
school psychology interns.	18166

Of the foregoing appropriation item 200-540, Special	18167
Education Enhancements, $750,000 in each fiscal year shall be used	18168
for the Out of School Initiative of Sinclair Community College.	18169

Of the foregoing appropriation item 200-540, Special	18170
Education Enhancements, $200,000 shall be used for a preschool	18171
special education pilot program in Bowling Green City School	18172
District.	18173

Of the foregoing appropriation item 200-540, Special	18174
Education Enhancements, $200,000 in each fiscal year shall be used	18175
to support the Bellefaire Jewish Children's Bureau.	18176

Of the foregoing appropriation item 200-540, Special	18177
Education Enhancements, up to $82,707,558 in fiscal year 2008 and	18178
up to $83,371,505 in fiscal year 2009 shall be distributed by the	18179
Department of Education to county boards of ~~mental retardation and~~	18180
developmental disabilities, educational service centers, and	18181
school districts for preschool special education units and	18182
preschool supervisory units under section 3317.052 of the Revised	18183
Code. To the greatest extent possible, the Department of Education	18184
shall allocate these units to school districts and educational	18185
service centers.	18186

The Department may reimburse county ~~MR/DD~~ boards of	18187
developmental disabilities, educational service centers, and	18188
school districts for services provided by instructional	18189
assistants, related services as defined in rule 3301-51-11 of the	18190
Administrative Code, physical therapy services provided by a	18191
licensed physical therapist or physical therapist assistant under	18192
the supervision of a licensed physical therapist as required	18193
under Chapter 4755. of the Revised Code and Chapter 4755-27 of	18194
the Administrative Code and occupational therapy services	18195
provided by a licensed occupational therapist or occupational	18196
therapy assistant under the supervision of a licensed	18197
occupational therapist as required under Chapter 4755. of the	18198
Revised Code and Chapter 4755-7 of the Administrative Code.	18199
Nothing in this section authorizes occupational therapy assistants	18200
or physical therapist assistants to generate or manage their own	18201
caseloads.	18202

The Department of Education shall require school districts,	18203
educational service centers, and county ~~MR/DD~~ boards of	18204
developmental disabilities serving preschool children with	18205
disabilities to document child progress using research-based	18206
indicators prescribed by the Department and report results	18207
annually. The reporting dates and method shall be determined by	18208
the Department.	18209

Of the foregoing appropriation item 200-540, Special	18210
Education Enhancements, $650,000 in each fiscal year shall be	18211
used for the Collaborative Language and Literacy Instruction	18212
Project.	18213

Of the foregoing appropriation item 200-540, Special	18214
Education Enhancements, $325,000 in each fiscal year shall be used	18215
by the Ohio Center for Autism and Low Incidence to contract with	18216
the Delaware-Union Educational Service Center for the provision of	18217
autism transition services.	18218

Of the foregoing appropriation item 200-540, Special	18219
Education Enhancements, $75,000 in each fiscal year shall be used	18220
for Leaf Lake/Geauga Educational Assistance Funding.	18221

Of the foregoing appropriation item 200-540, Special	18222
Education Enhancements, $650,000 in each fiscal year shall be used	18223
to support Project More for one-to-one reading mentoring.	18224

The remainder of appropriation item 200-540, Special	18225
Education Enhancements, shall be used to fund special education	18226
and related services at county boards of ~~mental retardation and~~	18227
developmental disabilities for eligible students under section	18228
3317.20 of the Revised Code and at institutions for eligible	18229
students under section 3317.201 of the Revised Code.	18230

Sec. 337.30.30. MEDICAID WAIVER - STATE MATCH (GRF)

18231

Except as otherwise provided in section 5123.0416 of the	18232
Revised Code, the purposes for which the foregoing appropriation	18233
item 322-416, Medicaid Waiver - State Match, shall be used include	18234
the following:	18235

(A) Home and community-based waiver services under Title XIX	18236
of the "Social Security Act," 49 Stat. 620 (1935), 42 U.S.C. 301,	18237
as amended.	18238

(B) To pay the nonfederal share of the cost of one or more	18239
new intermediate care facility for the mentally retarded certified	18240
beds, if the Director of Mental Retardation and Developmental	18241
Disabilities is required by ~~this act~~Am. Sub. H.B. 119 of the	18242
127th General Assembly to transfer to the Director of Job and	18243
Family Services funds to pay such nonfederal share.	18244

Except as otherwise provided in section 5123.0416 of the	18245
Revised Code, the Department of Mental Retardation and	18246
Developmental Disabilities may designate a portion of	18247
appropriation item 322-416, Medicaid Waiver - State Match, to	18248
county boards of ~~mental retardation and~~ developmental disabilities	18249
that have greater need for various residential and support	18250
services because of a low percentage of residential and support	18251
services development in comparison to the number of individuals	18252
with mental retardation or developmental disabilities in the	18253
county.	18254

Sec. 337.30.40. STATE SUBSIDY TO COUNTY ~~MR/DD~~ BOARDS OF	18255
DEVELOPMENTAL DISABILITIES	18256

Except as otherwise provided in Section 337.40.30 of ~~this~~	18257
~~act~~Am. Sub. H.B. 119 of the 127th General Assembly, the	18258
Department of Mental Retardation and Developmental Disabilities	18259
shall use the foregoing appropriation item 322-501, County Boards	18260
Subsidy, to pay each county board of ~~mental retardation and~~	18261
developmental disabilities in each fiscal year of the biennium an	18262
amount that is equal to the amount such board received in fiscal	18263
year 2007 from former appropriation items 322-417, Supported	18264
Living; 322-452, Service and Support Administration; and 322-501,	18265
County Boards Subsidies.	18266

Except as otherwise provided in section 5126.0511 of the	18267
Revised Code, county boards shall use the subsidy for early	18268
childhood services and adult services provided under section	18269
5126.05 of the Revised Code, service and support administration	18270
provided under section 5126.15 of the Revised Code, and supported	18271
living as defined in section 5126.01 of the Revised Code.	18272

In the event that the appropriation in appropriation item	18273
322-501, County Board Subsidy, for fiscal year 2008 or fiscal year	18274
2009 is greater than the subsidy paid by the Department for fiscal	18275
year 2007 from former appropriation items 332-417, Supported	18276
Living; 322-452, Services and Support Administration; and 322-501,	18277
County Boards Subsidies, the Department and county boards shall	18278
develop a formula for allocating the additional appropriation to	18279
each county board to support priorities determined by the	18280
Department and county boards.	18281

The Department shall distribute this subsidy to county boards	18282
in quarterly installments of equal amounts. The installments shall	18283
be made not later than the thirtieth day of September, the	18284
thirty-first day of December, the thirty-first day of March, and	18285
thirtieth day of June.	18286

The Department also may use the foregoing appropriation item	18287
322-501, County Boards Subsidy, to pay the nonfederal share of the	18288
cost of one or more new intermediate care facility for the	18289
mentally retarded certified beds, if the Director of Mental	18290
Retardation and Developmental Disabilities is required by ~~this act~~	18291
Am. Sub. H.B. 119 of the 127th General Assembly to transfer to	18292
the Director of Job and Family Services funds to pay such	18293
nonfederal share.	18294

Sec. 337.30.60. TARGETED CASE MANAGEMENT SERVICES

18295

County boards of ~~mental retardation and~~ developmental	18296
disabilities shall pay the nonfederal portion of targeted case	18297
management costs to the Department of Mental Retardation and	18298
Developmental Disabilities. The Director of Mental Retardation and	18299
Developmental Disabilities shall withhold any amount owed to the	18300
Department from subsequent disbursements from any appropriation	18301
item or money otherwise due to a nonpaying county.	18302

The Departments of Mental Retardation and Developmental	18303
Disabilities and Job and Family Services may enter into an	18304
interagency agreement under which the Department of Mental	18305
Retardation and Developmental Disabilities shall pay the	18306
Department of Job and Family Services the nonfederal portion of	18307
the cost of targeted case management services paid by county	18308
boards and the Department of Job and Family Services shall pay the	18309
total cost of targeted case management claims.	18310

Sec. 337.40.30. NONFEDERAL SHARE OF NEW ICF/MR BEDS

18311

(A) As used in this section, "intermediate care facility for	18312
the mentally retarded" has the same meaning as in section 5111.20	18313
of the Revised Code.	18314

(B) If one or more new beds obtain certification as an	18315
intermediate care facility for the mentally retarded bed on or	18316
after July 1, 2007, the Director of Mental Retardation and	18317
Developmental Disabilities shall transfer funds to the Department	18318
of Job and Family Services to pay the nonfederal share of the cost	18319
under the Medicaid Program for those beds. Except as otherwise	18320
provided in section 5123.0416 of the Revised Code, the Director	18321
shall use only the following funds for the transfer:	18322

(1) Funds appropriated to the Department of Mental	18323
Retardation and Developmental Disabilities in appropriation item	18324
322-416, Medicaid Waiver - State Match;	18325

(2) Funds appropriated to the Department in appropriation	18326
item 322-501, County Boards Subsidies.	18327

(C) If the beds are located in a county served by a county	18328
board of ~~mental retardation and~~ developmental disabilities that	18329
initiates or supports the beds' certification, the funds that the	18330
Director transfers under division (B) of this section shall be	18331
funds that the Director has allocated to the county board serving	18332
the county in which the beds are located unless the amount of the	18333
allocation is insufficient to pay the entire nonfederal share of	18334
the cost under the Medicaid Program for those beds. If the	18335
allocation is insufficient, the Director shall use as much of such	18336
funds allocated to other counties as is needed to make up the	18337
difference.	18338

Section 4. That existing Sections 269.20.40, 269.20.80,	18339
269.20.90, 269.30.50, 337.30.30, 337.30.40, 337.30.60, and	18340
337.40.30 of Am. Sub. H.B. 119 of the 127th General Assembly are	18341
hereby repealed.	18342

Section 5. That Section 337.30.43 of Am. Sub. H.B. 119 of the	18343
127th General Assembly, as amended by Am. Sub. H.B. 562 of the	18344
127th General Assembly, be amended to read as follows:	18345

Sec. 337.30.43. TAX EQUITY

18346

Notwithstanding section 5126.18 of the Revised Code, for	18347
fiscal year 2009, if the Department of Mental Retardation and	18348
Developmental Disabilities determines that sufficient funds are	18349
available, the Department shall use the foregoing appropriation	18350
item 322-503, Tax Equity, to pay each county board of ~~mental~~	18351
~~retardation and~~ developmental disabilities an amount that is	18352
equal to the amount the board received for fiscal year 2008. If	18353
the Department determines that there are not sufficient funds	18354
available in the appropriation item for this purpose, the	18355
Department shall pay to each county board an amount that is	18356
proportionate to the amount the board received for fiscal year	18357
2008. Proportionality shall be determined by dividing the total	18358
tax equity payments distributed to county boards for fiscal year	18359
2008 by the tax equity payment a county board received for fiscal	18360
year 2008.	18361

Section 6. That existing Section 337.30.43 of Am. Sub. H.B.	18362
119 of the 127th General Assembly, as amended by Am. Sub. H.B. 562	18363
of the 127th General Assembly, is hereby repealed.	18364

Section 7. That Section 201.60.30 of H.B. 496 of the 127th	18365
General Assembly be amended to read as follows:	18366

Reappropriations

Sec. 201.60.30. DMR DEPARTMENT OF MENTAL RETARDATION AND	18367
DEVELOPMENTAL DISABILITIES	18368

STATEWIDE PROJECTS	18369

C59000	Asbestos Abatement	$	999,637	18370
C59004	Community Assistance Projects	$	1,202,040	18371
C59019	North Olmsted Welcome House	$	100,000	18372
C59020	Kamp Dovetail Project at Rocky Fork Lake State Park	$	100,000	18373
C59022	Razing of Buildings	$	80,595	18374
C59024	Telecommunications Systems Improvement	$	774,454	18375
C59029	Emergency Generator Replacement	$	1,049,606	18376
C59034	Statewide Developmental Centers	$	5,479,662	18377
C59050	Emergency Improvements	$	634,970	18378
Total Statewide and Central Office Projects		$	10,420,964	18379

COMMUNITY ASSISTANCE PROJECTS

18380

The foregoing appropriation item C59004, Community Assistance	18381
Projects, may be used to provide community assistance funds for	18382
the construction or renovation of facilities for day programs or	18383
residential programs that provide services to persons eligible for	18384
services from the Department of Mental Retardation and	18385
Developmental Disabilities or county boards of ~~mental retardation~~	18386
~~and~~ developmental disabilities. Any funds provided to nonprofit	18387
agencies for the construction or renovation of facilities for	18388
persons eligible for services from the Department of Mental	18389
Retardation and Developmental Disabilities and county boards of	18390
~~mental retardation and~~ developmental disabilities are subject to	18391
the prevailing wage provisions in section 176.05 of the Revised	18392
Code.	18393

Notwithstanding any other provision of law to the contrary,	18394
of the foregoing appropriation item C59004, Community Assistance	18395
Projects, $75,000 shall be used for the Hanson Home.	18396

STATEWIDE DEVELOPMENTAL CENTERS	18397

CAMBRIDGE DEVELOPMENTAL CENTER	18398

C59005	Residential Renovations - CAMDC	$	41,398	18399
C59023	HVAC Renovations - Residential Buildings	$	1,000	18400
C59025	Cambridge HVAC Upgrade - Activity Center	$	3,538	18401
C59046	Utility Upgrade Centerwide	$	5,960	18402
Total Cambridge Developmental Center		$	51,896	18403

COLUMBUS DEVELOPMENTAL CENTER	18404

C59036		Columbus Developmental Center		$	8,162		18405
Total Columbus Developmental Center				$	8,162		18406

GALLIPOLIS DEVELOPMENTAL CENTER	18407

C59027	HVAC Replacements	$	4,873	18408
C59037	Gallipolis Developmental Center	$	21,849	18409
Total Gallipolis Developmental Center		$	26,722	18410

MONTGOMERY DEVELOPMENTAL CENTER	18411

C59038		Montgomery Developmental Center		$	43,634		18412
Total Montgomery Developmental Center				$	43,634		18413

MOUNT VERNON DEVELOPMENTAL CENTER	18414

C59039		Mount Vernon Developmental Center		$	160,353		18415
Total Mount Vernon Developmental Center				$	160,353		18416

NORTHWEST OHIO DEVELOPMENTAL CENTER	18417

C59030	Replace Chiller	$	8,535	18418
C59040	Northwest Ohio Developmental Center	$	11,171	18419
Total Northwest Ohio Developmental Center		$	19,706	18420

SOUTHWEST OHIO DEVELOPMENTAL CENTER	18421

C59016	Residential Renovation - HVAC Upgrade	$	23,075	18422
C59041	Southwest Ohio Developmental Center	$	14,566	18423
C59048	Renovation Program and Support Services Building	$	3,900	18424
Total Southwest Ohio Developmental Center		$	41,541	18425

TIFFIN DEVELOPMENTAL CENTER	18426

C59026	Roof and Exterior Renovations	$	19,666	18427
C59043	Tiffin Developmental Center	$	20,696	18428
Total Tiffin Developmental Center		$	40,362	18429

WARRENSVILLE DEVELOPMENTAL CENTER	18430

C59017	Residential Renovations - WDC	$	5,057	18431
C59021	Water Line Replacement - WDC	$	16,267	18432
C59031	ADA Compliance - WDC	$	3,628	18433
C59044	Warrensville Developmental Center	$	29,860	18434
Total Warrensville Developmental Center		$	54,812	18435

YOUNGSTOWN DEVELOPMENTAL CENTER	18436

C59045		Youngstown Developmental Center		$	24,400		18437
Total Youngstown Developmental Center				$	24,400		18438

TOTAL Department of Mental Retardation			18439
and Developmental Disabilities	$	10,892,552	18440
TOTAL Mental Health Facilities Improvement Fund	$	43,684,415	18441

Section 8. That existing Section 201.60.30 of H.B. 496 of the	18443
127th General Assembly is hereby repealed.	18444

Section 9. That Section 231.20.30 of Am. Sub. H.B. 562 of the	18445
127th General Assembly be amended to read as follows:	18446

Appropriations

Sec. 231.20.30. DMR DEPARTMENT OF MENTAL RETARDATION AND	18447
DEVELOPMENTAL DISABILITIES	18448

STATEWIDE AND CENTRAL OFFICE PROJECTS	18449

C59004	Community Assistance Projects	$	13,301,537	18450
C59022	Razing of Buildings	$	200,000	18451
C59024	Telecommunications	$	400,000	18452
C59029	Generator Replacement	$	1,000,000	18453
C59034	Statewide Developmental Centers	$	4,294,237	18454
C59050	Emergency Improvements	$	500,000	18455
C59051	Energy Conservation	$	500,000	18456
C59052	Guernsey County MRDD Boiler Replacement	$	275,000	18457
C59053	Magnolia Clubhouse	$	250,000	18458
C59054	Recreation Unlimited Life Center - Delaware	$	150,000	18459
C59055	Camp McKinley Improvements	$	30,000	18460
C59056	The Hope Learning Center	$	250,000	18461
C59057	North Olmstead Welcome House	$	150,000	18462
Total Statewide and Central Office Projects		$	21,300,774	18463
TOTAL Department of Mental Retardation and Developmental Disabilities		$	21,300,774	18464
TOTAL Mental Health Facilities Improvement Fund		$	127,330,774	18465

COMMUNITY ASSISTANCE PROJECTS

18466

The foregoing appropriation item C59004, Community Assistance	18467
Projects, may be used to provide community assistance funds for	18468
the development, purchase, construction, or renovation of	18469
facilities for day programs or residential programs that provide	18470
services to persons eligible for services from the Department of	18471
Mental Retardation and Developmental Disabilities or county boards	18472
of ~~mental retardation and~~ developmental disabilities. Any funds	18473
provided to nonprofit agencies for the construction or renovation	18474
of facilities for persons eligible for services from the	18475
Department of Mental Retardation and Developmental Disabilities	18476
and county boards of ~~mental retardation and~~ developmental	18477
disabilities shall be governed by the prevailing wage provisions	18478
in section 176.05 of the Revised Code.	18479

Section 10. That existing Section 231.20.30 of Am. Sub. H.B.	18480
562 of the 127th General Assembly is hereby repealed.	18481

Section 11. The General Assembly, applying the principle	18482
stated in division (B) of section 1.52 of the Revised Code that	18483
amendments are to be harmonized if reasonably capable of	18484
simultaneous operation, finds that the following sections,	18485
presented in this act as composites of the sections as amended by	18486
the acts indicated, are the resulting versions of the sections in	18487
effect prior to the effective date of the sections as presented in	18488
this act:	18489

Section 109.57 of the Revised Code as amended by both Sub.	18490
H.B. 428 and Sub. S.B. 163 of the 127th General Assembly.	18491

Section 109.572 of the Revised Code as amended by Sub. H.B.	18492
195, Sub. H.B. 545, and Sub. S.B. 247, all of the 127th General	18493
Assembly.	18494

Section 121.37 of the Revised Code as amended by both Sub.	18495
H.B. 289 and Am. Sub. H.B. 530 of the 126th General Assembly.	18496

Section 325.19 of the Revised Code as amended by both Sub.	18497
H.B. 187 and Sub. S.B. 126 of the 126th General Assembly.	18498

Section 1751.01 of the Revised Code as amended by both Am.	18499
Sub. H.B. 562 and Sub. S.B. 186 of the 127th General Assembly.	18500

Section 2151.421 of the Revised Code as amended by both Am.	18501
H.B. 314 and Sub. S.B. 163 of the 127th General Assembly.	18502

Section 3109.18 of the Revised Code as amended by both Am.	18503
Sub. H.B. 11 and Sub. S.B. 66 of the 125th General Assembly.	18504

Section 5126.04 of the Revised Code as amended by both Am.	18505
Sub. H.B. 119 and Am. Sub. H.B. 214 of the 127th General Assembly.	18506