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To amend sections 3314.03, 3319.303, and 3326.11 and | 1 |
to enact sections 3313.539, 3314.142, 3326.26, | 2 |
3707.51, 3707.511, and 3707.52 of the Revised Code | 3 |
with regard to concussions and head injuries in | 4 |
youth sports. | 5 |
Section 1. That sections 3314.03, 3319.303, and 3326.11 be | 6 |
amended and sections 3313.539, 3314.142, 3326.26, 3707.51, | 7 |
3707.511, and 3707.52 of the Revised Code be enacted to read as | 8 |
follows: | 9 |
Sec. 3313.539. (A) No school district board of education or | 10 |
governing authority of a chartered or nonchartered nonpublic | 11 |
school shall permit a student to practice for or compete in | 12 |
interscholastic athletics until the student has submitted, to a | 13 |
school official designated by the board or governing authority, a | 14 |
form signed by the parent, guardian, or other person having care | 15 |
or charge of the student stating that the student and the parent, | 16 |
guardian, or other person having care or charge of the student | 17 |
have received the concussion and head injury information sheet | 18 |
required by section 3707.52 of the Revised Code. A completed form | 19 |
shall be submitted each school year, as defined in section 3313.62 | 20 |
of the Revised Code, for each sport or other category of | 21 |
interscholastic athletics for or in which the student practices or | 22 |
competes. | 23 |
(B)(1) No school district board of education or governing | 24 |
authority of a chartered or nonchartered nonpublic school shall | 25 |
permit an individual to coach interscholastic athletics unless the | 26 |
individual holds a pupil-activity program permit issued under | 27 |
section 3319.303 of the Revised Code for coaching interscholastic | 28 |
athletics. | 29 |
(2) No school district board of education or governing | 30 |
authority of a chartered or nonchartered nonpublic school shall | 31 |
permit an individual to referee interscholastic athletics unless | 32 |
the individual holds a pupil-activity program permit issued under | 33 |
section 3319.303 of the Revised Code for coaching interscholastic | 34 |
athletics or presents evidence that the individual has | 35 |
successfully completed, within the previous three years, a | 36 |
training program in recognizing and evaluating concussions and | 37 |
head injuries to which the department of health has provided a | 38 |
link on its internet web site under section 3707.52 of the Revised | 39 |
Code. | 40 |
(C) If a student practicing for or competing in an | 41 |
interscholastic athletic event exhibits signs, symptoms, or | 42 |
behaviors consistent with having sustained a concussion or head | 43 |
injury while participating in the practice or competition, the | 44 |
student shall be removed from the practice or competition by the | 45 |
individual who is serving as the student's coach during that | 46 |
practice or competition. | 47 |
(D)(1) If a student is removed from practice or competition | 48 |
under division (C) of this section, the coach who removed the | 49 |
student shall not allow the student, on the same day the student | 50 |
is removed, to return to that practice or competition or to | 51 |
participate in any other practice or competition for which the | 52 |
coach is responsible. Thereafter, the coach shall not allow the | 53 |
student to return to that practice or competition or to | 54 |
participate in any other practice or competition for which the | 55 |
coach is responsible until both of the following conditions are | 56 |
satisfied: | 57 |
(a) The student's condition is assessed by either of the | 58 |
following: | 59 |
(i) A physician authorized under Chapter 4731. of the Revised | 60 |
Code to practice medicine and surgery or osteopathic medicine and | 61 |
surgery; | 62 |
(ii) Any other licensed health care provider the school | 63 |
district board of education or governing authority of the | 64 |
chartered or nonchartered nonpublic school, pursuant to division | 65 |
(D)(2) of this section, authorizes to assess a student who has | 66 |
been removed from practice or competition under division (C) of | 67 |
this section. | 68 |
(b) The student receives written clearance that it is safe | 69 |
for the student to return to practice or competition from either a | 70 |
physician or from another licensed health care provider authorized | 71 |
pursuant to division (D)(2) of this section to grant the | 72 |
clearance. | 73 |
(2) A school district board of education or governing | 74 |
authority of a chartered or nonchartered nonpublic school may | 75 |
authorize a licensed health care provider who is not a physician | 76 |
to make an assessment or provide a clearance for purposes of | 77 |
division (D)(1) of this section if the provider presents evidence | 78 |
satisfactory to the board or governing authority of either of the | 79 |
following: | 80 |
(a) That concussion evaluation and treatment are included in | 81 |
the services that are authorized by the statutes, rules, or | 82 |
licensing agency governing the health profession that is practiced | 83 |
by the provider; | 84 |
(b) That the provider will act in consultation with or | 85 |
pursuant to the referral of a physician or, if the laws of this | 86 |
state require that the provider be supervised by a physician, | 87 |
under the supervision of a physician. | 88 |
(3) A physician or other licensed health care provider who | 89 |
makes an assessment or grants a clearance for purposes of division | 90 |
(D)(1) of this section may be a volunteer. | 91 |
(E) A school district board of education or governing | 92 |
authority of a chartered or nonchartered nonpublic school that is | 93 |
subject to the rules of an interscholastic conference or an | 94 |
organization that regulates interscholastic conferences or events | 95 |
shall be considered to be in compliance with divisions (A), (C), | 96 |
and (D) of this section, as long as the requirements of those | 97 |
rules are equivalent to or more stringent than the requirements of | 98 |
divisions (A), (C), and (D) of this section. | 99 |
(F)(1) A school district, member of a school district board | 100 |
of education, or school district employee or volunteer, including | 101 |
a coach or referee, is not liable in damages in a civil action for | 102 |
injury, death, or loss to person or property allegedly arising | 103 |
from providing services or performing duties under this section, | 104 |
unless the act or omission constitutes willful or wanton | 105 |
misconduct. | 106 |
This section does not eliminate, limit, or reduce any other | 107 |
immunity or defense that a school district, member of a school | 108 |
district board of education, or school district employee or | 109 |
volunteer, including a coach or referee, may be entitled to under | 110 |
Chapter 2744. or any other provision of the Revised Code or under | 111 |
the common law of this state. | 112 |
(2) A chartered or nonchartered nonpublic school or any | 113 |
officer, director, employee, or volunteer of the school, including | 114 |
a coach or referee, is not liable in damages in a civil action for | 115 |
injury, death, or loss to person or property allegedly arising | 116 |
from providing services or performing duties under this section, | 117 |
unless the act or omission constitutes willful or wanton | 118 |
misconduct. | 119 |
Sec. 3314.03. A copy of every contract entered into under | 120 |
this section shall be filed with the superintendent of public | 121 |
instruction. | 122 |
(A) Each contract entered into between a sponsor and the | 123 |
governing authority of a community school shall specify the | 124 |
following: | 125 |
(1) That the school shall be established as either of the | 126 |
following: | 127 |
(a) A nonprofit corporation established under Chapter 1702. | 128 |
of the Revised Code, if established prior to April 8, 2003; | 129 |
(b) A public benefit corporation established under Chapter | 130 |
1702. of the Revised Code, if established after April 8, 2003. | 131 |
(2) The education program of the school, including the | 132 |
school's mission, the characteristics of the students the school | 133 |
is expected to attract, the ages and grades of students, and the | 134 |
focus of the curriculum; | 135 |
(3) The academic goals to be achieved and the method of | 136 |
measurement that will be used to determine progress toward those | 137 |
goals, which shall include the statewide achievement assessments; | 138 |
(4) Performance standards by which the success of the school | 139 |
will be evaluated by the sponsor; | 140 |
(5) The admission standards of section 3314.06 of the Revised | 141 |
Code and, if applicable, section 3314.061 of the Revised Code; | 142 |
(6)(a) Dismissal procedures; | 143 |
(b) A requirement that the governing authority adopt an | 144 |
attendance policy that includes a procedure for automatically | 145 |
withdrawing a student from the school if the student without a | 146 |
legitimate excuse fails to participate in one hundred five | 147 |
consecutive hours of the learning opportunities offered to the | 148 |
student. | 149 |
(7) The ways by which the school will achieve racial and | 150 |
ethnic balance reflective of the community it serves; | 151 |
(8) Requirements for financial audits by the auditor of | 152 |
state. The contract shall require financial records of the school | 153 |
to be maintained in the same manner as are financial records of | 154 |
school districts, pursuant to rules of the auditor of state. | 155 |
Audits shall be conducted in accordance with section 117.10 of the | 156 |
Revised Code. | 157 |
(9) The facilities to be used and their locations; | 158 |
(10) Qualifications of teachers, including the following: | 159 |
(a) A requirement that the school's classroom teachers be | 160 |
licensed in accordance with sections 3319.22 to 3319.31 of the | 161 |
Revised Code, except that a community school may engage | 162 |
noncertificated persons to teach up to twelve hours per week | 163 |
pursuant to section 3319.301 of the Revised Code; | 164 |
(b) A requirement that each classroom teacher initially hired | 165 |
by the school on or after July 1, 2013, and employed to provide | 166 |
instruction in physical education hold a valid license issued | 167 |
pursuant to section 3319.22 of the Revised Code for teaching | 168 |
physical education. | 169 |
(11) That the school will comply with the following | 170 |
requirements: | 171 |
(a) The school will provide learning opportunities to a | 172 |
minimum of twenty-five students for a minimum of nine hundred | 173 |
twenty hours per school year. | 174 |
(b) The governing authority will purchase liability | 175 |
insurance, or otherwise provide for the potential liability of the | 176 |
school. | 177 |
(c) The school will be nonsectarian in its programs, | 178 |
admission policies, employment practices, and all other | 179 |
operations, and will not be operated by a sectarian school or | 180 |
religious institution. | 181 |
(d) The school will comply with sections 9.90, 9.91, 109.65, | 182 |
121.22, 149.43, 2151.357, 2151.421, 2313.19, 3301.0710, 3301.0711, | 183 |
3301.0712, 3301.0715, 3313.472, 3313.50, 3313.536, 3313.539, | 184 |
3313.608, 3313.6012, 3313.6013, 3313.6014, 3313.6015, 3313.643, | 185 |
3313.648, 3313.66, 3313.661, 3313.662, 3313.666, 3313.667, | 186 |
3313.67, 3313.671, 3313.672, 3313.673, 3313.69, 3313.71, 3313.716, | 187 |
3313.718, 3313.719, 3313.80, 3313.814, 3313.816, 3313.817, | 188 |
3313.86, 3313.96, 3319.073, 3319.321, 3319.39, 3319.391, 3319.41, | 189 |
3321.01, 3321.041, 3321.13, 3321.14, 3321.17, 3321.18, 3321.19, | 190 |
3321.191, 3327.10, 4111.17, 4113.52, and 5705.391 and Chapters | 191 |
117., 1347., 2744., 3365., 3742., 4112., 4123., 4141., and 4167. | 192 |
of the Revised Code as if it were a school district and will | 193 |
comply with section 3301.0714 of the Revised Code in the manner | 194 |
specified in section 3314.17 of the Revised Code. | 195 |
(e) The school shall comply with Chapter 102. and section | 196 |
2921.42 of the Revised Code. | 197 |
(f) The school will comply with sections 3313.61, 3313.611, | 198 |
and 3313.614 of the Revised Code, except that for students who | 199 |
enter ninth grade for the first time before July 1, 2010, the | 200 |
requirement in sections 3313.61 and 3313.611 of the Revised Code | 201 |
that a person must successfully complete the curriculum in any | 202 |
high school prior to receiving a high school diploma may be met by | 203 |
completing the curriculum adopted by the governing authority of | 204 |
the community school rather than the curriculum specified in Title | 205 |
XXXIII of the Revised Code or any rules of the state board of | 206 |
education. Beginning with students who enter ninth grade for the | 207 |
first time on or after July 1, 2010, the requirement in sections | 208 |
3313.61 and 3313.611 of the Revised Code that a person must | 209 |
successfully complete the curriculum of a high school prior to | 210 |
receiving a high school diploma shall be met by completing the | 211 |
Ohio core curriculum prescribed in division (C) of section | 212 |
3313.603 of the Revised Code, unless the person qualifies under | 213 |
division (D) or (F) of that section. Each school shall comply with | 214 |
the plan for awarding high school credit based on demonstration of | 215 |
subject area competency, adopted by the state board of education | 216 |
under division (J) of section 3313.603 of the Revised Code. | 217 |
(g) The school governing authority will submit within four | 218 |
months after the end of each school year a report of its | 219 |
activities and progress in meeting the goals and standards of | 220 |
divisions (A)(3) and (4) of this section and its financial status | 221 |
to the sponsor and the parents of all students enrolled in the | 222 |
school. | 223 |
(h) The school, unless it is an internet- or computer-based | 224 |
community school, will comply with sections 3313.674 and 3313.801 | 225 |
of the Revised Code as if it were a school district. | 226 |
(i) If the school is the recipient of moneys from a grant | 227 |
awarded under the federal race to the top program, Division (A), | 228 |
Title XIV, Sections 14005 and 14006 of the "American Recovery and | 229 |
Reinvestment Act of 2009," Pub. L. No. 111-5, 123 Stat. 115, the | 230 |
school will pay teachers based upon performance in accordance with | 231 |
section 3317.141 and will comply with section 3319.111 of the | 232 |
Revised Code as if it were a school district. | 233 |
(12) Arrangements for providing health and other benefits to | 234 |
employees; | 235 |
(13) The length of the contract, which shall begin at the | 236 |
beginning of an academic year. No contract shall exceed five years | 237 |
unless such contract has been renewed pursuant to division (E) of | 238 |
this section. | 239 |
(14) The governing authority of the school, which shall be | 240 |
responsible for carrying out the provisions of the contract; | 241 |
(15) A financial plan detailing an estimated school budget | 242 |
for each year of the period of the contract and specifying the | 243 |
total estimated per pupil expenditure amount for each such year. | 244 |
The plan shall specify for each year the base formula amount that | 245 |
will be used for purposes of funding calculations under section | 246 |
3314.08 of the Revised Code. This base formula amount for any year | 247 |
shall not exceed the formula amount defined under section 3317.02 | 248 |
of the Revised Code. The plan may also specify for any year a | 249 |
percentage figure to be used for reducing the per pupil amount of | 250 |
the subsidy calculated pursuant to section 3317.029 of the Revised | 251 |
Code the school is to receive that year under section 3314.08 of | 252 |
the Revised Code. | 253 |
(16) Requirements and procedures regarding the disposition of | 254 |
employees of the school in the event the contract is terminated or | 255 |
not renewed pursuant to section 3314.07 of the Revised Code; | 256 |
(17) Whether the school is to be created by converting all or | 257 |
part of an existing public school or educational service center | 258 |
building or is to be a new start-up school, and if it is a | 259 |
converted public school or service center building, specification | 260 |
of any duties or responsibilities of an employer that the board of | 261 |
education or service center governing board that operated the | 262 |
school or building before conversion is delegating to the | 263 |
governing authority of the community school with respect to all or | 264 |
any specified group of employees provided the delegation is not | 265 |
prohibited by a collective bargaining agreement applicable to such | 266 |
employees; | 267 |
(18) Provisions establishing procedures for resolving | 268 |
disputes or differences of opinion between the sponsor and the | 269 |
governing authority of the community school; | 270 |
(19) A provision requiring the governing authority to adopt a | 271 |
policy regarding the admission of students who reside outside the | 272 |
district in which the school is located. That policy shall comply | 273 |
with the admissions procedures specified in sections 3314.06 and | 274 |
3314.061 of the Revised Code and, at the sole discretion of the | 275 |
authority, shall do one of the following: | 276 |
(a) Prohibit the enrollment of students who reside outside | 277 |
the district in which the school is located; | 278 |
(b) Permit the enrollment of students who reside in districts | 279 |
adjacent to the district in which the school is located; | 280 |
(c) Permit the enrollment of students who reside in any other | 281 |
district in the state. | 282 |
(20) A provision recognizing the authority of the department | 283 |
of education to take over the sponsorship of the school in | 284 |
accordance with the provisions of division (C) of section 3314.015 | 285 |
of the Revised Code; | 286 |
(21) A provision recognizing the sponsor's authority to | 287 |
assume the operation of a school under the conditions specified in | 288 |
division (B) of section 3314.073 of the Revised Code; | 289 |
(22) A provision recognizing both of the following: | 290 |
(a) The authority of public health and safety officials to | 291 |
inspect the facilities of the school and to order the facilities | 292 |
closed if those officials find that the facilities are not in | 293 |
compliance with health and safety laws and regulations; | 294 |
(b) The authority of the department of education as the | 295 |
community school oversight body to suspend the operation of the | 296 |
school under section 3314.072 of the Revised Code if the | 297 |
department has evidence of conditions or violations of law at the | 298 |
school that pose an imminent danger to the health and safety of | 299 |
the school's students and employees and the sponsor refuses to | 300 |
take such action. | 301 |
(23) A description of the learning opportunities that will be | 302 |
offered to students including both classroom-based and | 303 |
non-classroom-based learning opportunities that is in compliance | 304 |
with criteria for student participation established by the | 305 |
department under division (L)(2) of section 3314.08 of the Revised | 306 |
Code; | 307 |
(24) The school will comply with sections 3302.04 and | 308 |
3302.041 of the Revised Code, except that any action required to | 309 |
be taken by a school district pursuant to those sections shall be | 310 |
taken by the sponsor of the school. However, the sponsor shall not | 311 |
be required to take any action described in division (F) of | 312 |
section 3302.04 of the Revised Code. | 313 |
(25) Beginning in the 2006-2007 school year, the school will | 314 |
open for operation not later than the thirtieth day of September | 315 |
each school year, unless the mission of the school as specified | 316 |
under division (A)(2) of this section is solely to serve dropouts. | 317 |
In its initial year of operation, if the school fails to open by | 318 |
the thirtieth day of September, or within one year after the | 319 |
adoption of the contract pursuant to division (D) of section | 320 |
3314.02 of the Revised Code if the mission of the school is solely | 321 |
to serve dropouts, the contract shall be void. | 322 |
(B) The community school shall also submit to the sponsor a | 323 |
comprehensive plan for the school. The plan shall specify the | 324 |
following: | 325 |
(1) The process by which the governing authority of the | 326 |
school will be selected in the future; | 327 |
(2) The management and administration of the school; | 328 |
(3) If the community school is a currently existing public | 329 |
school or educational service center building, alternative | 330 |
arrangements for current public school students who choose not to | 331 |
attend the converted school and for teachers who choose not to | 332 |
teach in the school or building after conversion; | 333 |
(4) The instructional program and educational philosophy of | 334 |
the school; | 335 |
(5) Internal financial controls. | 336 |
(C) A contract entered into under section 3314.02 of the | 337 |
Revised Code between a sponsor and the governing authority of a | 338 |
community school may provide for the community school governing | 339 |
authority to make payments to the sponsor, which is hereby | 340 |
authorized to receive such payments as set forth in the contract | 341 |
between the governing authority and the sponsor. The total amount | 342 |
of such payments for oversight and monitoring of the school shall | 343 |
not exceed three per cent of the total amount of payments for | 344 |
operating expenses that the school receives from the state. | 345 |
(D) The contract shall specify the duties of the sponsor | 346 |
which shall be in accordance with the written agreement entered | 347 |
into with the department of education under division (B) of | 348 |
section 3314.015 of the Revised Code and shall include the | 349 |
following: | 350 |
(1) Monitor the community school's compliance with all laws | 351 |
applicable to the school and with the terms of the contract; | 352 |
(2) Monitor and evaluate the academic and fiscal performance | 353 |
and the organization and operation of the community school on at | 354 |
least an annual basis; | 355 |
(3) Report on an annual basis the results of the evaluation | 356 |
conducted under division (D)(2) of this section to the department | 357 |
of education and to the parents of students enrolled in the | 358 |
community school; | 359 |
(4) Provide technical assistance to the community school in | 360 |
complying with laws applicable to the school and terms of the | 361 |
contract; | 362 |
(5) Take steps to intervene in the school's operation to | 363 |
correct problems in the school's overall performance, declare the | 364 |
school to be on probationary status pursuant to section 3314.073 | 365 |
of the Revised Code, suspend the operation of the school pursuant | 366 |
to section 3314.072 of the Revised Code, or terminate the contract | 367 |
of the school pursuant to section 3314.07 of the Revised Code as | 368 |
determined necessary by the sponsor; | 369 |
(6) Have in place a plan of action to be undertaken in the | 370 |
event the community school experiences financial difficulties or | 371 |
closes prior to the end of a school year. | 372 |
(E) Upon the expiration of a contract entered into under this | 373 |
section, the sponsor of a community school may, with the approval | 374 |
of the governing authority of the school, renew that contract for | 375 |
a period of time determined by the sponsor, but not ending earlier | 376 |
than the end of any school year, if the sponsor finds that the | 377 |
school's compliance with applicable laws and terms of the contract | 378 |
and the school's progress in meeting the academic goals prescribed | 379 |
in the contract have been satisfactory. Any contract that is | 380 |
renewed under this division remains subject to the provisions of | 381 |
sections 3314.07, 3314.072, and 3314.073 of the Revised Code. | 382 |
(F) If a community school fails to open for operation within | 383 |
one year after the contract entered into under this section is | 384 |
adopted pursuant to division (D) of section 3314.02 of the Revised | 385 |
Code or permanently closes prior to the expiration of the | 386 |
contract, the contract shall be void and the school shall not | 387 |
enter into a contract with any other sponsor. A school shall not | 388 |
be considered permanently closed because the operations of the | 389 |
school have been suspended pursuant to section 3314.072 of the | 390 |
Revised Code. | 391 |
Sec. 3314.142. (A) A community school, member of a community | 392 |
school governing authority, community school employee or | 393 |
volunteer, community school operator, or employee or volunteer of | 394 |
a community school operator, including a coach or referee, is not | 395 |
liable in damages in a civil action for injury, death, or loss to | 396 |
person or property allegedly arising from providing services or | 397 |
performing duties under section 3313.539 of the Revised Code, | 398 |
unless the act or omission constitutes willful or wanton | 399 |
misconduct. | 400 |
(B) This section does not eliminate, limit, or reduce any | 401 |
other immunity or defense that a community school, member of a | 402 |
community school governing authority, community school employee or | 403 |
volunteer, community school operator, or employee or volunteer of | 404 |
a community school operator, including a coach or referee, may be | 405 |
entitled to under Chapter 2744. or any other provision of the | 406 |
Revised Code or under the common law of this state. | 407 |
Sec. 3319.303. (A) The state board of education shall adopt | 408 |
rules establishing standards and requirements for obtaining a | 409 |
pupil-activity program permit for any individual who does not hold | 410 |
a valid educator license, certificate, or permit issued by the | 411 |
state board under section 3319.22, 3319.26, or 3319.27 of the | 412 |
Revised Code. The permit issued under this section shall be valid | 413 |
for coaching, supervising, or directing a pupil-activity program | 414 |
under section 3313.53 of the Revised Code. Subject to the | 415 |
provisions of section 3319.31 of the Revised Code, a permit issued | 416 |
under this section shall be valid for three years and shall be | 417 |
renewable. | 418 |
(B) The state board shall adopt rules applicable to | 419 |
individuals who hold valid educator licenses, certificates, or | 420 |
permits issued by the state board under section 3319.22, 3319.26, | 421 |
or 3319.27 of the Revised Code setting forth standards to assure | 422 |
any such individual's competence to direct, supervise, or coach a | 423 |
pupil-activity program. The rules adopted under this division | 424 |
shall not be more stringent than the standards set forth in rules | 425 |
applicable to individuals who do not hold such licenses, | 426 |
certificates, or permits adopted under division (A) of this | 427 |
section. | 428 |
(C) As a condition to issuing or renewing a pupil-activity | 429 |
program permit to coach interscholastic athletics: | 430 |
(1) The state board shall require each individual applying | 431 |
for a first permit on or after the effective date of this | 432 |
amendment to successfully complete a training program that is | 433 |
specifically focused on brain trauma and brain injury management. | 434 |
(2) The state board shall require each individual applying | 435 |
for a permit renewal on or after that date to present evidence | 436 |
that the individual has successfully completed, within the | 437 |
previous three years, a training program in recognizing and | 438 |
evaluating concussions and head injuries to which the department | 439 |
of health has provided a link on its internet web site under | 440 |
section 3707.52 of the Revised Code. | 441 |
Sec. 3326.11. Each science, technology, engineering, and | 442 |
mathematics school established under this chapter and its | 443 |
governing body shall comply with sections 9.90, 9.91, 109.65, | 444 |
121.22, 149.43, 2151.357, 2151.421, 2313.19, 2921.42, 2921.43, | 445 |
3301.0714, 3301.0715, 3313.14, 3313.15, 3313.16, 3313.18, | 446 |
3313.201, 3313.26, 3313.472, 3313.48, 3313.481, 3313.482, 3313.50, | 447 |
3313.536, 3313.539, 3313.608, 3313.6012, 3313.6013, 3313.6014, | 448 |
3313.6015, 3313.61, 3313.611, 3313.614, 3313.615, 3313.643, | 449 |
3313.648, 3313.66, 3313.661, 3313.662, 3313.666, 3313.667, | 450 |
3313.67, 3313.671, 3313.672, 3313.673, 3313.674, 3313.69, 3313.71, | 451 |
3313.716, 3313.718, 3313.719, 3313.80, 3313.801, 3313.814, | 452 |
3313.816, 3313.817, 3313.86, 3313.88, 3313.96, 3319.073, 3319.21, | 453 |
3319.32, 3319.321, 3319.35, 3319.39, 3319.391, 3319.41, 3319.45, | 454 |
3321.01, 3321.041, 3321.13, 3321.14, 3321.17, 3321.18, 3321.19, | 455 |
3321.191, 3327.10, 4111.17, 4113.52, and 5705.391 and Chapters | 456 |
102., 117., 1347., 2744., 3307., 3309., 3365., 3742., 4112., | 457 |
4123., 4141., and 4167. of the Revised Code as if it were a school | 458 |
district. | 459 |
Sec. 3326.26. (A) A STEM school, member of a STEM school | 460 |
governing body, or STEM school employee or volunteer, including a | 461 |
coach or referee, is not liable in damages in a civil action for | 462 |
injury, death, or loss to person or property allegedly arising | 463 |
from providing services or performing duties under section | 464 |
3313.539 of the Revised Code, unless the act or omission | 465 |
constitutes willful or wanton misconduct. | 466 |
(B) This section does not eliminate, limit, or reduce any | 467 |
other immunity or defense that a STEM school, member of a STEM | 468 |
school governing body, or STEM school employee or volunteer, | 469 |
including a coach or referee, may be entitled to under Chapter | 470 |
2744. or any other provision of the Revised Code or under the | 471 |
common law of this state. | 472 |
Sec. 3707.51. As used in sections 3707.511 and 3707.52 of the | 473 |
Revised Code, "youth sports organization" means a public or | 474 |
nonpublic entity that organizes an athletic activity in which the | 475 |
athletes are not more than nineteen years of age and are required | 476 |
to pay a fee to participate in the athletic activity or whose cost | 477 |
to participate is sponsored by a business or nonprofit | 478 |
organization. | 479 |
Sec. 3707.511. (A) A youth sports organization shall provide | 480 |
to the parent, guardian, or other person having care or charge of | 481 |
an individual who wishes to practice for or compete in an athletic | 482 |
activity organized by a youth sports organization the concussion | 483 |
and head injury information sheet required by section 3707.52 of | 484 |
the Revised Code. The organization shall provide the information | 485 |
sheet annually for each sport or other category of athletic | 486 |
activity for or in which the individual practices or competes. | 487 |
(B)(1) No individual shall act as a coach or referee for a | 488 |
youth sports organization unless the individual holds a | 489 |
pupil-activity program permit issued under section 3319.303 of the | 490 |
Revised Code for coaching interscholastic athletics or presents | 491 |
evidence that the individual has successfully completed, within | 492 |
the previous three years, a training program in recognizing and | 493 |
evaluating concussions and head injuries to which the department | 494 |
of health has provided a link on its internet web site under | 495 |
section 3707.52 of the Revised Code. | 496 |
(2) The youth sports organization for which the individual | 497 |
intends to act as a coach or referee shall inform the individual | 498 |
of the requirement described in division (B)(1) of this section. | 499 |
(C) If an individual practicing for or competing in an | 500 |
athletic event organized by a youth sports organization exhibits | 501 |
signs, symptoms, or behaviors consistent with having sustained a | 502 |
concussion or head injury while participating in the practice or | 503 |
competition, the individual shall be removed from the practice or | 504 |
competition by one of the following: | 505 |
(1) The individual who is serving as the individual's coach | 506 |
during that practice or competition; | 507 |
(2) An individual who is serving as a referee during that | 508 |
practice or competition; | 509 |
(3) An official of the youth sports organization who is | 510 |
supervising that practice or competition. | 511 |
(D)(1) If an individual is removed from practice or | 512 |
competition under division (C) of this section, the coach, | 513 |
referee, or official who removed the individual shall not allow | 514 |
the individual, on the same day the individual is removed, to | 515 |
return to that practice or competition or to participate in any | 516 |
other practice or competition for which the coach, referee, or | 517 |
official is responsible. Thereafter, the coach, referee, or | 518 |
official shall not allow the student to return to that practice or | 519 |
competition or to participate in any other practice or competition | 520 |
for which the coach, referee, or official is responsible until | 521 |
both of the following conditions are satisfied: | 522 |
(a) The individual's condition is assessed by either of the | 523 |
following: | 524 |
(i) A physician authorized under Chapter 4731. of the Revised | 525 |
Code to practice medicine and surgery or osteopathic medicine and | 526 |
surgery; | 527 |
(ii) Any other licensed health care provider the youth sports | 528 |
organization, pursuant to division (D)(2) of this section, | 529 |
authorizes to assess an individual who has been removed from | 530 |
practice or competition under division (C) of this section. | 531 |
(b) The individual receives written clearance that it is safe | 532 |
for the individual to return to practice or competition from | 533 |
either a physician or from another licensed health care provider | 534 |
authorized pursuant to division (D)(2) of this section to grant | 535 |
the clearance. | 536 |
(2) A youth sports organization may authorize a licensed | 537 |
health care provider who is not a physician to make an assessment | 538 |
or provide a clearance for purposes of division (D)(1) of this | 539 |
section if the provider presents evidence satisfactory to the | 540 |
organization of either of the following: | 541 |
(a) That concussion evaluation and treatment are included in | 542 |
the services that are authorized by the statutes, rules, or | 543 |
licensing agency governing the health profession that is practiced | 544 |
by the provider; | 545 |
(b) That the provider will act in consultation with or | 546 |
pursuant to the referral of a physician or, if the laws of this | 547 |
state require that the provider be supervised by a physician, | 548 |
under the supervision of a physician. | 549 |
(3) A physician or other licensed health care provider who | 550 |
makes an assessment or grants a clearance for purposes of division | 551 |
(D)(1) of this section may be a volunteer. | 552 |
(E)(1) A youth sports organization or official, employee, or | 553 |
volunteer of a youth sports organization, including a coach or | 554 |
referee, is not liable in damages in a civil action for injury, | 555 |
death, or loss to person or property allegedly arising from | 556 |
providing services or performing duties under this section, unless | 557 |
the act or omission constitutes willful or wanton misconduct. | 558 |
(2) This section does not eliminate, limit, or reduce any | 559 |
other immunity or defense that a public entity, public official, | 560 |
or public employee may be entitled to under Chapter 2744. or any | 561 |
other provision of the Revised Code or under the common law of | 562 |
this state. | 563 |
Sec. 3707.52. (A) The department of health shall create a | 564 |
concussion and head injury information sheet for participants in | 565 |
interscholastic athletics and youth sports organizations. The | 566 |
department shall include in the information sheet pertinent | 567 |
information to inform and educate coaches, athletes, and the | 568 |
parents, guardians, or other persons having care or charge of | 569 |
athletes of the signs and symptoms of concussion or head injury | 570 |
and the risks of continuing to practice for or compete in an | 571 |
athletic event or activity after sustaining a concussion or head | 572 |
injury. The department periodically shall review the information | 573 |
sheet and update it accordingly. | 574 |
The department shall make the information sheet available on | 575 |
its internet web site in a format suitable for easy downloading | 576 |
and printing. | 577 |
(B) The department shall provide a link on its internet web | 578 |
site to one or more free online training programs in recognizing | 579 |
and evaluating concussions and head injuries. The department shall | 580 |
include one or more programs that are appropriate for coaches or | 581 |
referees of schools or youth sports organizations seeking to | 582 |
fulfill the requirements of section 3313.539 or 3707.511 of the | 583 |
Revised Code. | 584 |
Section 2. That existing sections 3314.03, 3319.303, and | 585 |
3326.11 of the Revised Code are hereby repealed. | 586 |
Section 3. Sections 3313.539, 3314.03, 3314.142, 3319.303, | 587 |
3326.11, 3326.26, and 3707.511 of the Revised Code, as amended or | 588 |
enacted by this act, shall take effect thirty days after the | 589 |
effective date of this section. | 590 |