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To amend sections 3314.03, 3319.303, and 3326.11 and | 1 |
to enact sections 3313.538, 3314.142, 3326.26, | 2 |
3707.51, and 3707.52 of the Revised Code with | 3 |
regard to head injuries and concussions in youth | 4 |
sports. | 5 |
Section 1. That sections 3314.03, 3319.303, and 3326.11 be | 6 |
amended and sections 3313.538, 3314.142, 3326.26, 3707.51, and | 7 |
3707.52 of the Revised Code be enacted to read as follows: | 8 |
Sec. 3313.538. (A) No school district board of education or | 9 |
governing authority of a chartered or nonchartered nonpublic | 10 |
school shall permit a student to participate in or practice for | 11 |
interscholastic athletics until the student has submitted, to a | 12 |
school official designated by the board or governing authority, a | 13 |
form signed by the student's parent or guardian stating that the | 14 |
student and the student's parent or guardian have received the | 15 |
concussion and head injury information sheet required by section | 16 |
3707.52 of the Revised Code. | 17 |
(B) No school district board or governing authority of a | 18 |
chartered or nonchartered nonpublic school shall permit an | 19 |
individual to coach interscholastic athletics unless the | 20 |
individual holds a pupil-activity program permit issued under | 21 |
section 3319.303 of the Revised Code for coaching interscholastic | 22 |
athletics. | 23 |
(C) A coach or school official of a school district or | 24 |
chartered or nonchartered nonpublic school shall remove from | 25 |
practice or competition a student suspected of having sustained a | 26 |
concussion or head injury during a practice or game of an | 27 |
interscholastic sport. | 28 |
(D) A coach or school official of a school district or | 29 |
chartered or nonchartered nonpublic school shall not allow a | 30 |
student removed from practice or competition on suspicion of a | 31 |
concussion or head injury to return to practice or competition on | 32 |
the same day the student is removed from practice or competition. | 33 |
Thereafter, a coach or school official shall not allow the student | 34 |
to return to practice or competition until both of the following | 35 |
conditions are satisfied: | 36 |
(1) The student's condition is assessed by either a physician | 37 |
authorized under Chapter 4731. of the Revised Code to practice | 38 |
medicine and surgery or osteopathic medicine and surgery or an | 39 |
athletic trainer licensed under Chapter 4755. of the Revised Code. | 40 |
(2) The student receives written clearance from the physician | 41 |
or athletic trainer that it is safe for the student to return to | 42 |
practice and competition. | 43 |
The physician or athletic trainer may be a volunteer. | 44 |
(E)(1) A school district, member of a school district board | 45 |
of education, or school district employee or volunteer is not | 46 |
liable in damages in a civil action for injury, death, or loss to | 47 |
person or property allegedly arising from any act or omission in | 48 |
the assessment of a concussion or head injury of a student athlete | 49 |
and clearance to return to practice or competition granted to that | 50 |
student by a physician or athletic trainer under division (D) of | 51 |
this section. | 52 |
This section does not eliminate, limit, or reduce any other | 53 |
immunity or defense that a school district, member of a school | 54 |
district board of education, or school district employee or | 55 |
volunteer may be entitled to under Chapter 2744. or any other | 56 |
provision of the Revised Code or under the common law of this | 57 |
state. | 58 |
(2) A chartered or nonchartered nonpublic school or any | 59 |
officer, director, or employee or volunteer of the school is not | 60 |
liable in damages in a civil action for injury, death, or loss to | 61 |
person or property allegedly arising from any act or omission in | 62 |
the assessment of a concussion or head injury of a student athlete | 63 |
and clearance to return to practice or play granted to that | 64 |
student by a physician or athletic trainer under division (D) of | 65 |
this section. | 66 |
Sec. 3314.03. A copy of every contract entered into under | 67 |
this section shall be filed with the superintendent of public | 68 |
instruction. | 69 |
(A) Each contract entered into between a sponsor and the | 70 |
governing authority of a community school shall specify the | 71 |
following: | 72 |
(1) That the school shall be established as either of the | 73 |
following: | 74 |
(a) A nonprofit corporation established under Chapter 1702. | 75 |
of the Revised Code, if established prior to April 8, 2003; | 76 |
(b) A public benefit corporation established under Chapter | 77 |
1702. of the Revised Code, if established after April 8, 2003. | 78 |
(2) The education program of the school, including the | 79 |
school's mission, the characteristics of the students the school | 80 |
is expected to attract, the ages and grades of students, and the | 81 |
focus of the curriculum; | 82 |
(3) The academic goals to be achieved and the method of | 83 |
measurement that will be used to determine progress toward those | 84 |
goals, which shall include the statewide achievement assessments; | 85 |
(4) Performance standards by which the success of the school | 86 |
will be evaluated by the sponsor; | 87 |
(5) The admission standards of section 3314.06 of the Revised | 88 |
Code and, if applicable, section 3314.061 of the Revised Code; | 89 |
(6)(a) Dismissal procedures; | 90 |
(b) A requirement that the governing authority adopt an | 91 |
attendance policy that includes a procedure for automatically | 92 |
withdrawing a student from the school if the student without a | 93 |
legitimate excuse fails to participate in one hundred five | 94 |
consecutive hours of the learning opportunities offered to the | 95 |
student. | 96 |
(7) The ways by which the school will achieve racial and | 97 |
ethnic balance reflective of the community it serves; | 98 |
(8) Requirements for financial audits by the auditor of | 99 |
state. The contract shall require financial records of the school | 100 |
to be maintained in the same manner as are financial records of | 101 |
school districts, pursuant to rules of the auditor of state. | 102 |
Audits shall be conducted in accordance with section 117.10 of the | 103 |
Revised Code. | 104 |
(9) The facilities to be used and their locations; | 105 |
(10) Qualifications of teachers, including the following: | 106 |
(a) A requirement that the school's classroom teachers be | 107 |
licensed in accordance with sections 3319.22 to 3319.31 of the | 108 |
Revised Code, except that a community school may engage | 109 |
noncertificated persons to teach up to twelve hours per week | 110 |
pursuant to section 3319.301 of the Revised Code; | 111 |
(b) A requirement that each classroom teacher initially hired | 112 |
by the school on or after July 1, 2013, and employed to provide | 113 |
instruction in physical education hold a valid license issued | 114 |
pursuant to section 3319.22 of the Revised Code for teaching | 115 |
physical education. | 116 |
(11) That the school will comply with the following | 117 |
requirements: | 118 |
(a) The school will provide learning opportunities to a | 119 |
minimum of twenty-five students for a minimum of nine hundred | 120 |
twenty hours per school year. | 121 |
(b) The governing authority will purchase liability | 122 |
insurance, or otherwise provide for the potential liability of the | 123 |
school. | 124 |
(c) The school will be nonsectarian in its programs, | 125 |
admission policies, employment practices, and all other | 126 |
operations, and will not be operated by a sectarian school or | 127 |
religious institution. | 128 |
(d) The school will comply with sections 9.90, 9.91, 109.65, | 129 |
121.22, 149.43, 2151.357, 2151.421, 2313.18, 3301.0710, 3301.0711, | 130 |
3301.0712, 3301.0715, 3313.472, 3313.50, 3313.536, 3313.538, | 131 |
3313.608, 3313.6012, 3313.6013, 3313.6014, 3313.6015, 3313.643, | 132 |
3313.648, 3313.66, 3313.661, 3313.662, 3313.666, 3313.667, | 133 |
3313.67, 3313.671, 3313.672, 3313.673, 3313.69, 3313.71, 3313.716, | 134 |
3313.718, 3313.719, 3313.80, 3313.814, 3313.816, | 135 |
3313.817, 3313.86, 3313.96, 3319.073, 3319.321, 3319.39, 3319.391, | 136 |
3319.41, 3321.01, 3321.041, 3321.13, 3321.14, 3321.17, 3321.18, | 137 |
3321.19, 3321.191, 3327.10, 4111.17, 4113.52, and 5705.391 and | 138 |
Chapters 117., 1347., 2744., 3365., 3742., 4112., 4123., 4141., | 139 |
and 4167. of the Revised Code as if it were a school district and | 140 |
will comply with section 3301.0714 of the Revised Code in the | 141 |
manner specified in section 3314.17 of the Revised Code. | 142 |
(e) The school shall comply with Chapter 102. and section | 143 |
2921.42 of the Revised Code. | 144 |
(f) The school will comply with sections 3313.61, 3313.611, | 145 |
and 3313.614 of the Revised Code, except that for students who | 146 |
enter ninth grade for the first time before July 1, 2010, the | 147 |
requirement in sections 3313.61 and 3313.611 of the Revised Code | 148 |
that a person must successfully complete the curriculum in any | 149 |
high school prior to receiving a high school diploma may be met by | 150 |
completing the curriculum adopted by the governing authority of | 151 |
the community school rather than the curriculum specified in Title | 152 |
XXXIII of the Revised Code or any rules of the state board of | 153 |
education. Beginning with students who enter ninth grade for the | 154 |
first time on or after July 1, 2010, the requirement in sections | 155 |
3313.61 and 3313.611 of the Revised Code that a person must | 156 |
successfully complete the curriculum of a high school prior to | 157 |
receiving a high school diploma shall be met by completing the | 158 |
Ohio core curriculum prescribed in division (C) of section | 159 |
3313.603 of the Revised Code, unless the person qualifies under | 160 |
division (D) or (F) of that section. Each school shall comply with | 161 |
the plan for awarding high school credit based on demonstration of | 162 |
subject area competency, adopted by the state board of education | 163 |
under division (J) of section 3313.603 of the Revised Code. | 164 |
(g) The school governing authority will submit within four | 165 |
months after the end of each school year a report of its | 166 |
activities and progress in meeting the goals and standards of | 167 |
divisions (A)(3) and (4) of this section and its financial status | 168 |
to the sponsor and the parents of all students enrolled in the | 169 |
school. | 170 |
(h) The school, unless it is an internet- or computer-based | 171 |
community school, will comply with sections 3313.674 and 3313.801 | 172 |
of the Revised Code as if it were a school district. | 173 |
(12) Arrangements for providing health and other benefits to | 174 |
employees; | 175 |
(13) The length of the contract, which shall begin at the | 176 |
beginning of an academic year. No contract shall exceed five years | 177 |
unless such contract has been renewed pursuant to division (E) of | 178 |
this section. | 179 |
(14) The governing authority of the school, which shall be | 180 |
responsible for carrying out the provisions of the contract; | 181 |
(15) A financial plan detailing an estimated school budget | 182 |
for each year of the period of the contract and specifying the | 183 |
total estimated per pupil expenditure amount for each such year. | 184 |
The plan shall specify for each year the base formula amount that | 185 |
will be used for purposes of funding calculations under section | 186 |
3314.08 of the Revised Code. This base formula amount for any year | 187 |
shall not exceed the formula amount defined under section 3317.02 | 188 |
of the Revised Code. The plan may also specify for any year a | 189 |
percentage figure to be used for reducing the per pupil amount of | 190 |
the subsidy calculated pursuant to section 3317.029 of the Revised | 191 |
Code the school is to receive that year under section 3314.08 of | 192 |
the Revised Code. | 193 |
(16) Requirements and procedures regarding the disposition of | 194 |
employees of the school in the event the contract is terminated or | 195 |
not renewed pursuant to section 3314.07 of the Revised Code; | 196 |
(17) Whether the school is to be created by converting all or | 197 |
part of an existing public school or educational service center | 198 |
building or is to be a new start-up school, and if it is a | 199 |
converted public school or service center building, specification | 200 |
of any duties or responsibilities of an employer that the board of | 201 |
education or service center governing board that operated the | 202 |
school or building before conversion is delegating to the | 203 |
governing authority of the community school with respect to all or | 204 |
any specified group of employees provided the delegation is not | 205 |
prohibited by a collective bargaining agreement applicable to such | 206 |
employees; | 207 |
(18) Provisions establishing procedures for resolving | 208 |
disputes or differences of opinion between the sponsor and the | 209 |
governing authority of the community school; | 210 |
(19) A provision requiring the governing authority to adopt a | 211 |
policy regarding the admission of students who reside outside the | 212 |
district in which the school is located. That policy shall comply | 213 |
with the admissions procedures specified in sections 3314.06 and | 214 |
3314.061 of the Revised Code and, at the sole discretion of the | 215 |
authority, shall do one of the following: | 216 |
(a) Prohibit the enrollment of students who reside outside | 217 |
the district in which the school is located; | 218 |
(b) Permit the enrollment of students who reside in districts | 219 |
adjacent to the district in which the school is located; | 220 |
(c) Permit the enrollment of students who reside in any other | 221 |
district in the state. | 222 |
(20) A provision recognizing the authority of the department | 223 |
of education to take over the sponsorship of the school in | 224 |
accordance with the provisions of division (C) of section 3314.015 | 225 |
of the Revised Code; | 226 |
(21) A provision recognizing the sponsor's authority to | 227 |
assume the operation of a school under the conditions specified in | 228 |
division (B) of section 3314.073 of the Revised Code; | 229 |
(22) A provision recognizing both of the following: | 230 |
(a) The authority of public health and safety officials to | 231 |
inspect the facilities of the school and to order the facilities | 232 |
closed if those officials find that the facilities are not in | 233 |
compliance with health and safety laws and regulations; | 234 |
(b) The authority of the department of education as the | 235 |
community school oversight body to suspend the operation of the | 236 |
school under section 3314.072 of the Revised Code if the | 237 |
department has evidence of conditions or violations of law at the | 238 |
school that pose an imminent danger to the health and safety of | 239 |
the school's students and employees and the sponsor refuses to | 240 |
take such action; | 241 |
(23) A description of the learning opportunities that will be | 242 |
offered to students including both classroom-based and | 243 |
non-classroom-based learning opportunities that is in compliance | 244 |
with criteria for student participation established by the | 245 |
department under division (L)(2) of section 3314.08 of the Revised | 246 |
Code; | 247 |
(24) The school will comply with sections 3302.04 and | 248 |
3302.041 of the Revised Code, except that any action required to | 249 |
be taken by a school district pursuant to those sections shall be | 250 |
taken by the sponsor of the school. However, the sponsor shall not | 251 |
be required to take any action described in division (F) of | 252 |
section 3302.04 of the Revised Code. | 253 |
(25) Beginning in the 2006-2007 school year, the school will | 254 |
open for operation not later than the thirtieth day of September | 255 |
each school year, unless the mission of the school as specified | 256 |
under division (A)(2) of this section is solely to serve dropouts. | 257 |
In its initial year of operation, if the school fails to open by | 258 |
the thirtieth day of September, or within one year after the | 259 |
adoption of the contract pursuant to division (D) of section | 260 |
3314.02 of the Revised Code if the mission of the school is solely | 261 |
to serve dropouts, the contract shall be void. | 262 |
(B) The community school shall also submit to the sponsor a | 263 |
comprehensive plan for the school. The plan shall specify the | 264 |
following: | 265 |
(1) The process by which the governing authority of the | 266 |
school will be selected in the future; | 267 |
(2) The management and administration of the school; | 268 |
(3) If the community school is a currently existing public | 269 |
school or educational service center building, alternative | 270 |
arrangements for current public school students who choose not to | 271 |
attend the converted school and for teachers who choose not to | 272 |
teach in the school or building after conversion; | 273 |
(4) The instructional program and educational philosophy of | 274 |
the school; | 275 |
(5) Internal financial controls. | 276 |
(C) A contract entered into under section 3314.02 of the | 277 |
Revised Code between a sponsor and the governing authority of a | 278 |
community school may provide for the community school governing | 279 |
authority to make payments to the sponsor, which is hereby | 280 |
authorized to receive such payments as set forth in the contract | 281 |
between the governing authority and the sponsor. The total amount | 282 |
of such payments for oversight and monitoring of the school shall | 283 |
not exceed three per cent of the total amount of payments for | 284 |
operating expenses that the school receives from the state. | 285 |
(D) The contract shall specify the duties of the sponsor | 286 |
which shall be in accordance with the written agreement entered | 287 |
into with the department of education under division (B) of | 288 |
section 3314.015 of the Revised Code and shall include the | 289 |
following: | 290 |
(1) Monitor the community school's compliance with all laws | 291 |
applicable to the school and with the terms of the contract; | 292 |
(2) Monitor and evaluate the academic and fiscal performance | 293 |
and the organization and operation of the community school on at | 294 |
least an annual basis; | 295 |
(3) Report on an annual basis the results of the evaluation | 296 |
conducted under division (D)(2) of this section to the department | 297 |
of education and to the parents of students enrolled in the | 298 |
community school; | 299 |
(4) Provide technical assistance to the community school in | 300 |
complying with laws applicable to the school and terms of the | 301 |
contract; | 302 |
(5) Take steps to intervene in the school's operation to | 303 |
correct problems in the school's overall performance, declare the | 304 |
school to be on probationary status pursuant to section 3314.073 | 305 |
of the Revised Code, suspend the operation of the school pursuant | 306 |
to section 3314.072 of the Revised Code, or terminate the contract | 307 |
of the school pursuant to section 3314.07 of the Revised Code as | 308 |
determined necessary by the sponsor; | 309 |
(6) Have in place a plan of action to be undertaken in the | 310 |
event the community school experiences financial difficulties or | 311 |
closes prior to the end of a school year. | 312 |
(E) Upon the expiration of a contract entered into under this | 313 |
section, the sponsor of a community school may, with the approval | 314 |
of the governing authority of the school, renew that contract for | 315 |
a period of time determined by the sponsor, but not ending earlier | 316 |
than the end of any school year, if the sponsor finds that the | 317 |
school's compliance with applicable laws and terms of the contract | 318 |
and the school's progress in meeting the academic goals prescribed | 319 |
in the contract have been satisfactory. Any contract that is | 320 |
renewed under this division remains subject to the provisions of | 321 |
sections 3314.07, 3314.072, and 3314.073 of the Revised Code. | 322 |
(F) If a community school fails to open for operation within | 323 |
one year after the contract entered into under this section is | 324 |
adopted pursuant to division (D) of section 3314.02 of the Revised | 325 |
Code or permanently closes prior to the expiration of the | 326 |
contract, the contract shall be void and the school shall not | 327 |
enter into a contract with any other sponsor. A school shall not | 328 |
be considered permanently closed because the operations of the | 329 |
school have been suspended pursuant to section 3314.072 of the | 330 |
Revised Code. Any contract that becomes void under this division | 331 |
shall not count toward any statewide limit on the number of such | 332 |
contracts prescribed by section 3314.013 of the Revised Code. | 333 |
Sec. 3314.142. A community school, member of a community | 334 |
school governing authority, community school employee or | 335 |
volunteer, community school operator, or employee or volunteer of | 336 |
a community school operator is not liable in damages in a civil | 337 |
action for injury, death, or loss to person or property allegedly | 338 |
arising from any act or omission in the assessment of a concussion | 339 |
or head injury of a student athlete and clearance to return to | 340 |
practice or competition granted to that student by a physician or | 341 |
athletic trainer under division (D) of section 3313.538 of the | 342 |
Revised Code. | 343 |
This section does not eliminate, limit, or reduce any other | 344 |
immunity or defense that a community school, member of a community | 345 |
school governing authority, community school employee or | 346 |
volunteer, community school operator, or employee or volunteer of | 347 |
a community school operator may be entitled to under Chapter 2744. | 348 |
or any other provision of the Revised Code or under the common law | 349 |
of this state. | 350 |
Sec. 3319.303. (A) The state board of education shall adopt | 351 |
rules establishing standards and requirements for obtaining a | 352 |
pupil-activity program permit for any individual who does not hold | 353 |
a valid educator license, certificate, or permit issued by the | 354 |
state board under section 3319.22, 3319.26, or 3319.27 of the | 355 |
Revised Code. The permit issued under this section shall be valid | 356 |
for coaching, supervising, or directing a pupil-activity program | 357 |
under section 3313.53 of the Revised Code. Subject to the | 358 |
provisions of section 3319.31 of the Revised Code, a permit issued | 359 |
under this section shall be valid for three years and shall be | 360 |
renewable. | 361 |
(B) The state board shall adopt rules applicable to | 362 |
individuals who hold valid educator licenses, certificates, or | 363 |
permits issued by the state board under section 3319.22, 3319.26, | 364 |
or 3319.27 of the Revised Code setting forth standards to assure | 365 |
any such individual's competence to direct, supervise, or coach a | 366 |
pupil-activity program. The rules adopted under this division | 367 |
shall not be more stringent than the standards set forth in rules | 368 |
applicable to individuals who do not hold such licenses, | 369 |
certificates, or permits adopted under division (A) of this | 370 |
section. | 371 |
(C) As a condition to issuing or renewing a pupil-activity | 372 |
program permit to coach interscholastic athletics: | 373 |
(1) The state board shall require each individual applying | 374 |
for a first permit on or after the effective date of this | 375 |
amendment to successfully complete a training program that is | 376 |
specifically focused on brain trauma and brain injury management. | 377 |
(2) The state board shall require each individual applying | 378 |
for a permit renewal on or after that date to present evidence | 379 |
that the individual has successfully completed, within the | 380 |
previous three years, a training program linked on the department | 381 |
of health's web site under section 3707.52 of the Revised Code. | 382 |
Sec. 3326.11. Each science, technology, engineering, and | 383 |
mathematics school established under this chapter and its | 384 |
governing body shall comply with sections 9.90, 9.91, 109.65, | 385 |
121.22, 149.43, 2151.357, 2151.421, 2313.18, 2921.42, 2921.43, | 386 |
3301.0714, 3301.0715, 3313.14, 3313.15, 3313.16, 3313.18, | 387 |
3313.201, 3313.26, 3313.472, 3313.48, 3313.481, 3313.482, 3313.50, | 388 |
3313.536, 3313.538, 3313.608, 3313.6012, 3313.6013, 3313.6014, | 389 |
3313.6015, 3313.61, 3313.611, 3313.614, 3313.615, 3313.643, | 390 |
3313.648, 3313.66, 3313.661, 3313.662, 3313.666, 3313.667, | 391 |
3313.67, 3313.671, 3313.672, 3313.673, 3313.674, 3313.69, 3313.71, | 392 |
3313.716, 3313.718, 3313.719, 3313.80, 3313.801, 3313.814, | 393 |
3313.816, 3313.817, 3313.86, 3313.96, 3319.073, 3319.21, 3319.32, | 394 |
3319.321, 3319.35, 3319.39, 3319.391, 3319.41, 3319.45, 3321.01, | 395 |
3321.041, 3321.13, 3321.14, 3321.17, 3321.18, 3321.19, 3321.191, | 396 |
3327.10, 4111.17, 4113.52, and 5705.391 and Chapters 102., 117., | 397 |
1347., 2744., 3307., 3309., 3365., 3742., 4112., 4123., 4141., and | 398 |
4167. of the Revised Code as if it were a school district. | 399 |
Sec. 3326.26. A STEM school, member of a STEM school | 400 |
governing body, or STEM school employee or volunteer is not liable | 401 |
in damages in a civil action for injury, death, or loss to person | 402 |
or property allegedly arising from any act or omission in the | 403 |
assessment of a concussion or head injury of a student athlete and | 404 |
clearance to return to practice or competition granted to that | 405 |
student by a physician or athletic trainer under division (D) of | 406 |
section 3313.538 of the Revised Code. | 407 |
This section does not eliminate, limit, or reduce any other | 408 |
immunity or defense that a STEM school, member of a STEM school | 409 |
governing body, or STEM school employee or volunteer may be | 410 |
entitled to under Chapter 2744. or any other provision of the | 411 |
Revised Code or under the common law of this state. | 412 |
Sec. 3707.51. (A) As used in this section and in section | 413 |
3707.52 of the Revised Code, "youth sports organization" means a | 414 |
public or nonpublic entity that organizes an athletic activity in | 415 |
which the athletes are age nineteen or younger and are required to | 416 |
pay a fee to participate in the athletic activity or whose cost to | 417 |
participate is sponsored by a business or nonprofit organization. | 418 |
(B) No youth sports organization shall permit an individual | 419 |
to practice for or participate in an athletic activity until the | 420 |
individual has submitted a form signed by the individual's parent | 421 |
or guardian stating that the individual and the parent or guardian | 422 |
have received the concussion and head injury information sheet | 423 |
required by section 3707.52 of the Revised Code. | 424 |
(C) No youth sports organization shall permit an individual | 425 |
to act as a coach unless the individual holds a pupil-activity | 426 |
program permit issued under section 3319.303 of the Revised Code | 427 |
for coaching interscholastic athletics or presents evidence that | 428 |
the individual has successfully completed, within the previous | 429 |
three years, a training program linked on the department of | 430 |
health's web site under section 3707.52 of the Revised Code. | 431 |
(D) A coach or other official of a youth sports organization | 432 |
shall remove from practice or competition an individual suspected | 433 |
of having sustained a concussion or head injury during a practice | 434 |
or game of a sport. | 435 |
(E) A coach or other official of a youth sports organization | 436 |
shall not allow an individual removed from practice or competition | 437 |
on suspicion of a concussion or head injury to return to practice | 438 |
or competition on the same day the individual is removed from | 439 |
practice or competition. Thereafter, a coach or other official | 440 |
shall not allow the individual to return to practice or | 441 |
competition until both of the following conditions are satisfied: | 442 |
(1) The individual's condition is assessed by either a | 443 |
physician authorized under Chapter 4731. of the Revised Code to | 444 |
practice medicine and surgery or osteopathic medicine and surgery | 445 |
or an athletic trainer licensed under Chapter 4755. of the Revised | 446 |
Code. | 447 |
(2) The individual receives written clearance from the | 448 |
physician or athletic trainer that it is safe for the individual | 449 |
to return to practice and competition. | 450 |
The physician or athletic trainer may be a volunteer. | 451 |
(F) A youth sports organization or official, employee, or | 452 |
volunteer of a youth sports organization is not liable in damages | 453 |
in a civil action for injury, death, or loss to person or property | 454 |
allegedly arising from any act or omission in the assessment of a | 455 |
concussion or head injury of a participant in the youth sports | 456 |
organization and clearance to return to practice or competition | 457 |
granted to that participant by a physician or athletic trainer | 458 |
under division (E) of this section. | 459 |
This section does not eliminate, limit, or reduce any other | 460 |
immunity or defense that a public entity, public official, or | 461 |
public employee may be entitled to under Chapter 2744. or any | 462 |
other provision of the Revised Code or under the common law of | 463 |
this state. | 464 |
Sec. 3707.52. (A) Not later than ninety days after the | 465 |
effective date of this section, the department of health shall | 466 |
create a concussion and head injury information sheet for | 467 |
participants in interscholastic athletics and youth sports | 468 |
organizations. The department shall include in the information | 469 |
sheet pertinent information to inform and educate coaches, | 470 |
athletes, and the parents or guardians of athletes of the signs | 471 |
and symptoms of concussion or head injury and the risks of | 472 |
continuing to engage in the practice or competition of a sport | 473 |
after sustaining a concussion or head injury. The department | 474 |
periodically shall review and update the information sheet | 475 |
accordingly. | 476 |
The department shall make the information sheet available on | 477 |
its web site in a format suitable for easy downloading and | 478 |
printing. | 479 |
(B) Beginning not later than ninety days after the effective | 480 |
date of this section, the department shall provide a link on its | 481 |
web site to one or more free online training programs in | 482 |
recognizing and evaluating concussions and head injuries for | 483 |
coaches of schools and youth sports organizations. | 484 |
Section 2. That existing sections 3314.03, 3319.303, and | 485 |
3326.11 of the Revised Code are hereby repealed. | 486 |
Section 3. It is not the intent of this act, by the amendment | 487 |
of sections 3314.03 and 3326.11 of the Revised Code, to accelerate | 488 |
the effective date of the amendments of Sub. S.B. 210 of the 128th | 489 |
General Assembly that add "3313.814, 3313.816, 3313.817," to | 490 |
division (A)(11)(d) of section 3314.03 and to section 3326.11 of | 491 |
the Revised Code, effective July 1, 2011. | 492 |