Cosponsors:
Representatives Brown, Fende, Okey, Williams, B., Garrison, Bolon, Chandler, Phillips, Boyd, Newcomb, Williams, S., Domenick, Pillich, Harris, Murray, Luckie, DeBose, Driehaus, Garland, Lundy, Pryor, Weddington, Celeste, Dodd, Dyer, Foley, Gerberry, Goyal, Hagan, Heard, Hite, Koziura, Mallory, Otterman, Patten, Skindell, Slesnick, Stewart, Szollosi, Ujvagi, Winburn, Yuko
Senators Cates, Carey, Gibbs, Sawyer, Fedor, Morano, Cafaro, Gillmor, Hughes, Kearney, Miller, D., Miller, R., Turner, Schiavoni, Patton, Wilson, Goodman, Jones
(A) The board of education of each city and exempted village | 21 |
school district, the governing board of each educational service | 22 |
center, and the board of each cooperative education school | 23 |
district established pursuant to section 3311.521 of the Revised | 24 |
Code shall prescribe a curriculum for all schools under their | 25 |
control. Except as provided in division (E) of this section, in | 26 |
any such curriculum there shall be included the study of the | 27 |
following subjects: | 28 |
(2) Geography, the history of the United States and of Ohio, | 31 |
and national, state, and local government in the United States, | 32 |
including a balanced presentation of the relevant contributions to | 33 |
society of men and women of African, Mexican, Puerto Rican, and | 34 |
American Indian descent as well as other ethnic and racial groups | 35 |
in Ohio and the United States; | 36 |
If the parent or legal guardian of a student less than
| 62 |
eighteen years of age submits to the principal of the student's
| 63 |
school a written request to examine the dating violence
| 64 |
prevention instruction materials used at that school, the
| 65 |
principal, within a reasonable period of time after the request
| 66 |
is made, shall allow the parent or guardian to examine those
| 67 |
materials at that school.
| 68 |
(B) Except as provided in division (E) of this section, every | 76 |
school or school district shall include in the requirements for | 77 |
promotion from the eighth grade to the ninth grade one year's | 78 |
course of study of American history. A board may waive this | 79 |
requirement for academically accelerated students who, in | 80 |
accordance with procedures adopted by the board, are able to | 81 |
demonstrate mastery of essential concepts and skills of the eighth | 82 |
grade American history course of study. | 83 |
(D) Except as provided in division (E) of this section, basic | 89 |
instruction in geography, United States history, the government of | 90 |
the United States, the government of the state of Ohio, local | 91 |
government in Ohio, the Declaration of Independence, the United | 92 |
States Constitution, and the Constitution of the state of Ohio | 93 |
shall be required before pupils may participate in courses | 94 |
involving the study of social problems, economics, foreign | 95 |
affairs, United Nations, world government, socialism and | 96 |
communism. | 97 |
(E) For each cooperative education school district | 98 |
established pursuant to section 3311.521 of the Revised Code and | 99 |
each city, exempted village, and local school district that has | 100 |
territory within such a cooperative district, the curriculum | 101 |
adopted pursuant to divisions (A) to (D) of this section shall | 102 |
only include the study of the subjects that apply to the grades | 103 |
operated by each such school district. The curriculums for such | 104 |
schools, when combined, shall provide to each student of these | 105 |
districts all of the subjects required under divisions (A) to (D) | 106 |
of this section. | 107 |
(B) The board of education of each city, local, exempted | 138 |
village, and joint vocational school district shall establish a | 139 |
policy prohibiting harassment, intimidation, or bullying. The | 140 |
policy shall be developed in consultation with parents, school | 141 |
employees, school volunteers, students, and community members. The | 142 |
policy shall include the following: | 143 |
(5) A requirement that parents or guardians of any student | 153 |
involved in a prohibited incident be notified and, to the extent | 154 |
permitted by section 3319.321 of the Revised Code and the "Family | 155 |
Educational Rights and Privacy Act of 1974," 88 Stat. 571, 20 | 156 |
U.S.C. 1232q, as amended, have access to any written reports | 157 |
pertaining to the prohibited incident; | 158 |
(10) A requirement that the district administration | 170 |
semiannually provide the president of the district board a written | 171 |
summary of all reported incidents and post the summary on its web | 172 |
site, if the district has a web site, to the extent permitted by | 173 |
section 3319.321 of the Revised Code and the "Family Educational | 174 |
Rights and Privacy Act of 1974," 88 Stat. 571, 20 U.S.C. 1232q, as | 175 |
amended. | 176 |
(B) Any community school to which this section applies shall | 258 |
permanently close at the conclusion of the school year in which | 259 |
the school first becomes subject to this section. The sponsor and | 260 |
governing authority of the school shall comply with all procedures | 261 |
for closing a community school adopted by the department under | 262 |
division (E) of section 3314.015 of the Revised Code. The | 263 |
governing authority of the school shall not enter into a contract | 264 |
with any other sponsor under section 3314.03 of the Revised Code | 265 |
after the school closes. | 266 |
(C) Not later than July 1, 2008, the department shall | 267 |
determine the feasibility of using the value-added progress | 268 |
dimension, as defined in section 3302.01 of the Revised Code, as a | 269 |
factor in evaluating the academic performance of community schools | 270 |
described in division (A)(1)(c)(i) of this section. | 271 |
Notwithstanding divisions (A)(1)(c)(ii) and (iii) of this section, | 272 |
if the department determines that using the value-added progress | 273 |
dimension to evaluate community schools described in division | 274 |
(A)(1)(c)(i) of this section is not feasible, a community school | 275 |
described in that division shall be required to permanently close | 276 |
under this section only if it has been declared to be in a state | 277 |
of academic emergency under section 3302.03 of the Revised Code | 278 |
for four consecutive school years. | 279 |
(D) In accordance with division (B) of section 3314.012 of | 280 |
the Revised Code, the department shall not consider the | 281 |
performance ratings assigned to a community school for its first | 282 |
two years of operation when determining whether the school meets | 283 |
the criteria prescribed by division (A)(2) of this section. The | 284 |
department shall reevaluate each community school that the | 285 |
department directed to close at the conclusion of the 2009-2010 | 286 |
school year to determine if the school still meets the criteria | 287 |
prescribed by division (A)(2) of this section when the school's | 288 |
performance ratings for its first two years of operation are not | 289 |
considered and, if the school no longer meets those criteria, the | 290 |
department shall not require the school to close at the conclusion | 291 |
of that school year. | 292 |
Sec. 3319.073. (A) The board of education of each city and | 293 |
exempted village school district and the governing board of each | 294 |
educational service center shall adopt or adapt the curriculum | 295 |
developed by the department of education for, or shall develop in | 296 |
consultation with public or private agencies or persons involved | 297 |
in child abuse prevention or intervention programs, a program of | 298 |
in-service training in the prevention of child abuse, violence, | 299 |
and substance abuse and the promotion of positive youth | 300 |
development. Each person employed by any school district or | 301 |
service center to work in a school as a nurse, teacher, counselor, | 302 |
school psychologist, or administrator shall complete at least four | 303 |
hours of the in-service training within two years of commencing | 304 |
employment with the district or center, and every five years | 305 |
thereafter. A person who is employed by any school district or | 306 |
service center to work in an elementary school as a nurse, | 307 |
teacher, counselor, school psychologist, or administrator on March | 308 |
30, 2007, shall complete at least four hours of the in-service | 309 |
training not later than March 30, 2009, and every five years | 310 |
thereafter. A person who is employed by any school district or | 311 |
service center to work in a middle or high school as a nurse, | 312 |
teacher, counselor, school psychologist, or administrator on the | 313 |
effective date of this amendmentOctober 16, 2009, shall complete | 314 |
at least four hours of the in-service training not later than two | 315 |
years after the effective date of this amendmentOctober 16, 2011, | 316 |
and every five years thereafter. | 317 |
Sec. 3319.39. (A)(1) Except as provided in division | 329 |
(F)(2)(b) of section 109.57 of the Revised Code, the appointing or | 330 |
hiring officer of the board of education of a school district, the | 331 |
governing board of an educational service center, or of a | 332 |
chartered nonpublic school shall request the superintendent of the | 333 |
bureau of criminal identification and investigation to conduct a | 334 |
criminal records check with respect to any applicant who has | 335 |
applied to the school district, educational service center, or | 336 |
school for employment in any position. The appointing or hiring | 337 |
officer shall request that the superintendent include information | 338 |
from the federal bureau of investigation in the criminal records | 339 |
check, unless all of the following apply to the applicant: | 340 |
(b) The duties of the position for which the applicant is | 343 |
applying do not involve routine interaction with a child or | 344 |
regular responsibility for the care, custody, or control of a | 345 |
child or, if the duties do involve such interaction or | 346 |
responsibility, during any period of time in which the applicant, | 347 |
if hired, has such interaction or responsibility, another employee | 348 |
of the school district, educational service center, or chartered | 349 |
nonpublic school will be present in the same room with the child | 350 |
or, if outdoors, will be within a thirty-yard radius of the child | 351 |
or have visual contact with the child. | 352 |
(2) A person required by division (A)(1) of this section to | 360 |
request a criminal records check shall provide to each applicant a | 361 |
copy of the form prescribed pursuant to division (C)(1) of section | 362 |
109.572 of the Revised Code, provide to each applicant a standard | 363 |
impression sheet to obtain fingerprint impressions prescribed | 364 |
pursuant to division (C)(2) of section 109.572 of the Revised | 365 |
Code, obtain the completed form and impression sheet from each | 366 |
applicant, and forward the completed form and impression sheet to | 367 |
the superintendent of the bureau of criminal identification and | 368 |
investigation at the time the person requests a criminal records | 369 |
check pursuant to division (A)(1) of this section. | 370 |
(3) An applicant who receives pursuant to division (A)(2) of | 371 |
this section a copy of the form prescribed pursuant to division | 372 |
(C)(1) of section 109.572 of the Revised Code and a copy of an | 373 |
impression sheet prescribed pursuant to division (C)(2) of that | 374 |
section and who is requested to complete the form and provide a | 375 |
set of fingerprint impressions shall complete the form or provide | 376 |
all the information necessary to complete the form and shall | 377 |
provide the impression sheet with the impressions of the | 378 |
applicant's fingerprints. If an applicant, upon request, fails to | 379 |
provide the information necessary to complete the form or fails to | 380 |
provide impressions of the applicant's fingerprints, the board of | 381 |
education of a school district, governing board of an educational | 382 |
service center, or governing authority of a chartered nonpublic | 383 |
school shall not employ that applicant for any position. | 384 |
(B)(1) Except as provided in rules adopted by the department | 385 |
of education in accordance with division (E) of this section and | 386 |
as provided in division (B)(3) of this section, no board of | 387 |
education of a school district, no governing board of an | 388 |
educational service center, and no governing authority of a | 389 |
chartered nonpublic school shall employ a person if the person | 390 |
previously has been convicted of or pleaded guilty to any of the | 391 |
following: | 392 |
(a) A violation of section 2903.01, 2903.02, 2903.03, | 393 |
2903.04, 2903.11, 2903.12, 2903.13, 2903.16, 2903.21, 2903.34, | 394 |
2905.01, 2905.02, 2905.05, 2907.02, 2907.03, 2907.04, 2907.05, | 395 |
2907.06, 2907.07, 2907.08, 2907.09, 2907.21, 2907.22, 2907.23, | 396 |
2907.25, 2907.31, 2907.32, 2907.321, 2907.322, 2907.323, 2911.01, | 397 |
2911.02, 2911.11, 2911.12, 2919.12, 2919.22, 2919.24, 2919.25, | 398 |
2923.12, 2923.13, 2923.161, 2925.02, 2925.03, 2925.04, 2925.05, | 399 |
2925.06, or 3716.11 of the Revised Code, a violation of section | 400 |
2905.04 of the Revised Code as it existed prior to July 1, 1996, a | 401 |
violation of section 2919.23 of the Revised Code that would have | 402 |
been a violation of section 2905.04 of the Revised Code as it | 403 |
existed prior to July 1, 1996, had the violation been committed | 404 |
prior to that date, a violation of section 2925.11 of the Revised | 405 |
Code that is not a minor drug possession offense, or felonious | 406 |
sexual penetration in violation of former section 2907.12 of the | 407 |
Revised Code; | 408 |
(2) A board, governing board of an educational service | 413 |
center, or a governing authority of a chartered nonpublic school | 414 |
may employ an applicant conditionally until the criminal records | 415 |
check required by this section is completed and the board or | 416 |
governing authority receives the results of the criminal records | 417 |
check. If the results of the criminal records check indicate that, | 418 |
pursuant to division (B)(1) of this section, the applicant does | 419 |
not qualify for employment, the board or governing authority shall | 420 |
release the applicant from employment. | 421 |
(2) A board and the governing authority of a chartered | 434 |
nonpublic school may charge an applicant a fee for the costs it | 435 |
incurs in obtaining a criminal records check under this section. A | 436 |
fee charged under this division shall not exceed the amount of | 437 |
fees the board or governing authority pays under division (C)(1) | 438 |
of this section. If a fee is charged under this division, the | 439 |
board or governing authority shall notify the applicant at the | 440 |
time of the applicant's initial application for employment of the | 441 |
amount of the fee and that, unless the fee is paid, the board or | 442 |
governing authority will not consider the applicant for | 443 |
employment. | 444 |
(D) The report of any criminal records check conducted by the | 445 |
bureau of criminal identification and investigation in accordance | 446 |
with section 109.572 of the Revised Code and pursuant to a request | 447 |
under division (A)(1) of this section is not a public record for | 448 |
the purposes of section 149.43 of the Revised Code and shall not | 449 |
be made available to any person other than the applicant who is | 450 |
the subject of the criminal records check or the applicant's | 451 |
representative, the board or governing authority requesting the | 452 |
criminal records check or its representative, and any court, | 453 |
hearing officer, or other necessary individual involved in a case | 454 |
dealing with the denial of employment to the applicant. | 455 |
(F) Any person required by division (A)(1) of this section to | 467 |
request a criminal records check shall inform each person, at the | 468 |
time of the person's initial application for employment, of the | 469 |
requirement to provide a set of fingerprint impressions and that a | 470 |
criminal records check is required to be conducted and | 471 |
satisfactorily completed in accordance with section 109.572 of the | 472 |
Revised Code if the person comes under final consideration for | 473 |
appointment or employment as a precondition to employment for the | 474 |
school district, educational service center, or school for that | 475 |
position. | 476 |
(1) "Applicant" means a person who is under final | 478 |
consideration for appointment or employment in a position with a | 479 |
board of education, governing board of an educational service | 480 |
center, or a chartered nonpublic school, except that "applicant" | 481 |
does not include a person already employed by a board or chartered | 482 |
nonpublic school who is under consideration for a different | 483 |
position with such board or school. | 484 |
(H) If the board of education of a local school district | 492 |
adopts a resolution requesting the assistance of the educational | 493 |
service center in which the local district has territory in | 494 |
conducting criminal records checks of substitute teachers and | 495 |
substitutes for other district employees under this section, the | 496 |
appointing or hiring officer of such educational service center | 497 |
shall serve for purposes of this section as the appointing or | 498 |
hiring officer of the local board in the case of hiring substitute | 499 |
teachers and other substitute employees for the local district. | 500 |
Sec. 3327.10. (A) No person shall be employed as driver of a | 501 |
school bus or motor van, owned and operated by any school district | 502 |
or educational service center or privately owned and operated | 503 |
under contract with any school district or service center in this | 504 |
state, who has not received a certificate from the educational | 505 |
service center governing board in case such person is employed by | 506 |
a service center or by a local school district under the | 507 |
supervision of the service center governing board, or by the | 508 |
superintendent of schools, in case such person is employed by the | 509 |
board of a city or exempted village school district, certifying | 510 |
that such person is at least eighteen years of age and is of good | 511 |
moral character and is qualified physically and otherwise for such | 512 |
position. The service center governing board or the | 513 |
superintendent, as the case may be, shall provide for an annual | 514 |
physical examination that conforms with rules adopted by the state | 515 |
board of education of each driver to ascertain the driver's | 516 |
physical fitness for such employment. Any certificate may be | 517 |
revoked by the authority granting the same on proof that the | 518 |
holder has been guilty of failing to comply with division (D)(1) | 519 |
of this section, or upon a conviction or a guilty plea for a | 520 |
violation, or any other action, that results in a loss or | 521 |
suspension of driving rights. Failure to comply with such division | 522 |
may be cause for disciplinary action or termination of employment | 523 |
under division (C) of section 3319.081, or section 124.34 of the | 524 |
Revised Code. | 525 |
(B) No person shall be employed as driver of a school bus or | 526 |
motor van not subject to the rules of the department of education | 527 |
pursuant to division (A) of this section who has not received a | 528 |
certificate from the school administrator or contractor certifying | 529 |
that such person is at least eighteen years of age, is of good | 530 |
moral character, and is qualified physically and otherwise for | 531 |
such position. Each driver shall have an annual physical | 532 |
examination which conforms to the state highway patrol rules, | 533 |
ascertaining the driver's physical fitness for such employment.
| 534 |
The examination shall be performed by one of the following: | 535 |
(F)(1) Not later than thirty days after June 30, 2007, each | 571 |
owner of a school bus or motor van shall obtain the complete | 572 |
driving record for each person who is currently employed or | 573 |
otherwise authorized to drive the school bus or motor van. An | 574 |
owner of a school bus or motor van shall not permit a person to | 575 |
operate the school bus or motor van for the first time before the | 576 |
owner has obtained the person's complete driving record. | 577 |
Thereafter, the owner of a school bus or motor van shall obtain | 578 |
the person's driving record not less frequently than semiannually | 579 |
if the person remains employed or otherwise authorized to drive | 580 |
the school bus or motor van. An owner of a school bus or motor van | 581 |
shall not permit a person to resume operating a school bus or | 582 |
motor van, after an interruption of one year or longer, before the | 583 |
owner has obtained the person's complete driving record. | 584 |
(1) Information pertaining to that driver has been submitted | 600 |
to the department of education, pursuant to procedures adopted by | 601 |
that department. Information to be reported shall include the name | 602 |
of the employer or school district, name of the driver, driver | 603 |
license number, date of birth, date of hire, status of physical | 604 |
evaluation, and status of training. | 605 |
(H) A person, school district, educational service center, | 609 |
community school, nonpublic school, or other public or nonpublic | 610 |
entity that owns a school bus or motor van, or that contracts with | 611 |
another entity to operate a school bus or motor van, may impose | 612 |
more stringent restrictions on drivers than those prescribed in | 613 |
this section, in any other section of the Revised Code, and in | 614 |
rules adopted by the state board. | 615 |
(I) For qualified drivers who, on July 1, 2007, are employed | 616 |
by the owner of a school bus or motor van to drive the school bus | 617 |
or motor van, any instance in which the driver was convicted of or | 618 |
pleaded guilty to a violation of section 4511.19 of the Revised | 619 |
Code or a substantially equivalent municipal ordinance prior to | 620 |
two years prior to July 1, 2007, shall not be considered a | 621 |
disqualifying event with respect to division (F) of this section. | 622 |
(J)(1) This division applies to persons hired by a school | 623 |
district, educational service center, community school, chartered | 624 |
nonpublic school, or science, technology, engineering, and | 625 |
mathematics school established under Chapter 3326. of the Revised | 626 |
Code to operate a vehicle used for pupil transportation. | 627 |
For each person to whom this division applies who is hired on | 628 |
or after November 14, 2007, the employer shall request a criminal | 629 |
records check in accordance with section 3319.39 of the Revised | 630 |
Code and every six years thereafter. For each person to whom this | 631 |
division applies who is hired prior to that date, the employer | 632 |
shall request a criminal records check by a date prescribed by the | 633 |
department of education and every six years thereafter. | 634 |
(3) Each request for a criminal records check under division | 645 |
(J) of this section shall be made to the superintendent of the | 646 |
bureau of criminal identification and investigation in the manner | 647 |
prescribed in section 3319.39 of the Revised Code, except that if | 648 |
both of the following conditions apply to the person subject to | 649 |
the records check, the employer shall request the superintendent | 650 |
only to obtain any criminal records that the federal bureau of | 651 |
investigation has on the person: | 652 |
Upon receipt of a request, the superintendent shall conduct | 663 |
the criminal records check in accordance with section 109.572 of | 664 |
the Revised Code as if the request had been made under section | 665 |
3319.39 of the Revised Code. However, as specified in division | 666 |
(B)(2) of section 109.572 of the Revised Code, if the employer | 667 |
requests the superintendent only to obtain any criminal records | 668 |
that the federal bureau of investigation has on the person for | 669 |
whom the request is made, the superintendent shall not conduct the | 670 |
review prescribed by division (B)(1) of that section. | 671 |
(K) Any(1) Until the effective date of the amendments to | 672 |
rule 3301-83-23 of the Ohio Administrative Code required by the | 673 |
second paragraph of division (E) of section 3319.39 of the Revised | 674 |
Code, any person who is the subject of a criminal records check | 675 |
under division (J) of this section and has been convicted of or | 676 |
pleaded guilty to any offense described in division (C)(B)(1) of | 677 |
section 3319.313319.39 of the Revised Code shall not be hired or | 678 |
shall be released from employment, as applicable, unless the | 679 |
person meets the rehabilitation standards prescribed for | 680 |
nonlicensed school personnel by rule 3301-20-03 of the Ohio | 681 |
Administrative Code. | 682 |
(2) Beginning on the effective date of the amendments to rule | 683 |
3301-83-23 of the Ohio Administrative Code required by the second | 684 |
paragraph of division (E) of section 3319.39 of the Revised Code, | 685 |
any person who is the subject of a criminal records check under | 686 |
division (J) of this section and has been convicted of or pleaded | 687 |
guilty to any offense that, under the rule, disqualifies a person | 688 |
for employment to operate a vehicle used for pupil transportation | 689 |
shall not be hired or shall be released from employment, as | 690 |
applicable, unless the person meets the rehabilitation standards | 691 |
prescribed by the rule. | 692 |