| (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 |