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| To amend sections 3314.03, 3319.303, and 3326.11 and | 1 |
| to enact sections 3313.539, 3314.142, 3326.27, | 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, 3326.27, 3707.51, | 7 |
| 3707.511, and 3707.52 of the Revised Code be enacted to read as | 8 |
| follows: | 9 |
| Sec. 3313.539. (A) As used in this section, "physician" means | 10 |
| a person authorized under Chapter 4731. of the Revised Code to | 11 |
| practice medicine and surgery or osteopathic medicine and surgery. | 12 |
| (B) No school district board of education or governing | 13 |
| authority of a chartered or nonchartered nonpublic school shall | 14 |
| permit a student to practice for or compete in interscholastic | 15 |
| athletics until the student has submitted, to a school official | 16 |
| designated by the board or governing authority, a form signed by | 17 |
| the parent, guardian, or other person having care or charge of the | 18 |
| student stating that the student and the parent, guardian, or | 19 |
| other person having care or charge of the student have received | 20 |
| the concussion and head injury information sheet required by | 21 |
| section 3707.52 of the Revised Code. A completed form shall be | 22 |
| submitted each school year, as defined in section 3313.62 of the | 23 |
| Revised Code, for each sport or other category of interscholastic | 24 |
| athletics for or in which the student practices or competes. | 25 |
| (C)(1) No school district board of education or governing | 26 |
| authority of a chartered or nonchartered nonpublic school shall | 27 |
| permit an individual to coach interscholastic athletics unless the | 28 |
| individual holds a pupil-activity program permit issued under | 29 |
| section 3319.303 of the Revised Code for coaching interscholastic | 30 |
| athletics. | 31 |
| (2) No school district board of education or governing | 32 |
| authority of a chartered or nonchartered nonpublic school shall | 33 |
| permit an individual to referee interscholastic athletics unless | 34 |
| the individual holds a pupil-activity program permit issued under | 35 |
| section 3319.303 of the Revised Code for coaching interscholastic | 36 |
| athletics or presents evidence that the individual has | 37 |
| successfully completed, within the previous three years, a | 38 |
| training program in recognizing the symptoms of concussions and | 39 |
| head injuries to which the department of health has provided a | 40 |
| link on its internet web site under section 3707.52 of the Revised | 41 |
| Code or a training program authorized and required by an | 42 |
| organization that regulates interscholastic conferences or events. | 43 |
| (D) If a student practicing for or competing in an | 44 |
| interscholastic athletic event exhibits signs, symptoms, or | 45 |
| behaviors consistent with having sustained a concussion or head | 46 |
| injury while participating in the practice or competition, the | 47 |
| student shall be removed from the practice or competition by | 48 |
| either of the following: | 49 |
| (1) The individual who is serving as the student's coach | 50 |
| during that practice or competition; | 51 |
| (2) An individual who is serving as a referee during that | 52 |
| practice or competition. | 53 |
| (E)(1) If a student is removed from practice or competition | 54 |
| under division (D) of this section, the coach or referee who | 55 |
| removed the student shall not allow the student, on the same day | 56 |
| the student is removed, to return to that practice or competition | 57 |
| or to participate in any other practice or competition for which | 58 |
| the coach or referee is responsible. Thereafter, the coach or | 59 |
| referee shall not allow the student to return to that practice or | 60 |
| competition or to participate in any other practice or competition | 61 |
| for which the coach or referee is responsible until both of the | 62 |
| following conditions are satisfied: | 63 |
| (a) The student's condition is assessed by either of the | 64 |
| following: | 65 |
| (i) A physician; | 66 |
| (ii) Any other licensed health care provider the school | 67 |
| district board of education or governing authority of the | 68 |
| chartered or nonchartered nonpublic school, pursuant to division | 69 |
| (E)(2) of this section, authorizes to assess a student who has | 70 |
| been removed from practice or competition under division (D) of | 71 |
| this section. | 72 |
| (b) The student receives written clearance that it is safe | 73 |
| for the student to return to practice or competition from a | 74 |
| physician or from another licensed health care provider authorized | 75 |
| pursuant to division (E)(2) of this section to grant the | 76 |
| clearance. | 77 |
| (2) A school district board of education or governing | 78 |
| authority of a chartered or nonchartered nonpublic school may | 79 |
| authorize a licensed health care provider who is not a physician | 80 |
| to make an assessment or grant a clearance for purposes of | 81 |
| division (E)(1) of this section only if the provider is acting in | 82 |
| accordance with one of the following, as applicable to the | 83 |
| provider's authority to practice in this state: | 84 |
| (a) In consultation with a physician; | 85 |
| (b) Pursuant to the referral of a physician; | 86 |
| (c) In collaboration with a physician; | 87 |
| (d) 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 |
| (E)(1) of this section may be a volunteer. | 91 |
| (F) 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 (B), (D), | 96 |
| and (E) of this section, as long as the requirements of those | 97 |
| rules are substantially similar to the requirements of divisions | 98 |
| (B), (D), and (E) of this section. | 99 |
| (G)(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. The department of education shall make available on | 122 |
| its web site a copy of every approved, executed contract filed | 123 |
| with the superintendent under this section. | 124 |
| (A) Each contract entered into between a sponsor and the | 125 |
| governing authority of a community school shall specify the | 126 |
| following: | 127 |
| (1) That the school shall be established as either of the | 128 |
| following: | 129 |
| (a) A nonprofit corporation established under Chapter 1702. | 130 |
| of the Revised Code, if established prior to April 8, 2003; | 131 |
| (b) A public benefit corporation established under Chapter | 132 |
| 1702. of the Revised Code, if established after April 8, 2003. | 133 |
| (2) The education program of the school, including the | 134 |
| school's mission, the characteristics of the students the school | 135 |
| is expected to attract, the ages and grades of students, and the | 136 |
| focus of the curriculum; | 137 |
| (3) The academic goals to be achieved and the method of | 138 |
| measurement that will be used to determine progress toward those | 139 |
| goals, which shall include the statewide achievement assessments; | 140 |
| (4) Performance standards by which the success of the school | 141 |
| will be evaluated by the sponsor; | 142 |
| (5) The admission standards of section 3314.06 of the Revised | 143 |
| Code and, if applicable, section 3314.061 of the Revised Code; | 144 |
| (6)(a) Dismissal procedures; | 145 |
| (b) A requirement that the governing authority adopt an | 146 |
| attendance policy that includes a procedure for automatically | 147 |
| withdrawing a student from the school if the student without a | 148 |
| legitimate excuse fails to participate in one hundred five | 149 |
| consecutive hours of the learning opportunities offered to the | 150 |
| student. | 151 |
| (7) The ways by which the school will achieve racial and | 152 |
| ethnic balance reflective of the community it serves; | 153 |
| (8) Requirements for financial audits by the auditor of | 154 |
| state. The contract shall require financial records of the school | 155 |
| to be maintained in the same manner as are financial records of | 156 |
| school districts, pursuant to rules of the auditor of state. | 157 |
| Audits shall be conducted in accordance with section 117.10 of the | 158 |
| Revised Code. | 159 |
| (9) The facilities to be used and their locations; | 160 |
| (10) Qualifications of teachers, including the following: | 161 |
| (a) A requirement that the school's classroom teachers be | 162 |
| licensed in accordance with sections 3319.22 to 3319.31 of the | 163 |
| Revised Code, except that a community school may engage | 164 |
| noncertificated persons to teach up to twelve hours per week | 165 |
| pursuant to section 3319.301 of the Revised Code; | 166 |
| (b) A requirement that each classroom teacher initially hired | 167 |
| by the school on or after July 1, 2013, and employed to provide | 168 |
| instruction in physical education hold a valid license issued | 169 |
| pursuant to section 3319.22 of the Revised Code for teaching | 170 |
| physical education. | 171 |
| (11) That the school will comply with the following | 172 |
| requirements: | 173 |
| (a) The school will provide learning opportunities to a | 174 |
| minimum of twenty-five students for a minimum of nine hundred | 175 |
| twenty hours per school year. | 176 |
| (b) The governing authority will purchase liability | 177 |
| insurance, or otherwise provide for the potential liability of the | 178 |
| school. | 179 |
| (c) The school will be nonsectarian in its programs, | 180 |
| admission policies, employment practices, and all other | 181 |
| operations, and will not be operated by a sectarian school or | 182 |
| religious institution. | 183 |
| (d) The school will comply with sections 9.90, 9.91, 109.65, | 184 |
| 121.22, 149.43, 2151.357, 2151.421, 2313.19, 3301.0710, 3301.0711, | 185 |
| 3301.0712, 3301.0715, 3313.472, 3313.50, 3313.536, 3313.539, | 186 |
| 3313.608, 3313.609, 3313.6012, 3313.6013, 3313.6014, 3313.6015, | 187 |
| 3313.643, 3313.648, 3313.6411, 3313.66, 3313.661, 3313.662, | 188 |
| 3313.666, 3313.667, 3313.67, 3313.671, 3313.672, 3313.673, | 189 |
| 3313.69, 3313.71, 3313.716, 3313.718, 3313.719, 3313.80, 3313.814, | 190 |
| 3313.816, 3313.817, 3313.86, 3313.96, 3319.073, 3319.321, 3319.39, | 191 |
| 3319.391, 3319.41, 3321.01, 3321.041, 3321.13, 3321.14, 3321.17, | 192 |
| 3321.18, 3321.19, 3321.191, 3327.10, 4111.17, 4113.52, and | 193 |
| 5705.391 and Chapters 117., 1347., 2744., 3365., 3742., 4112., | 194 |
| 4123., 4141., and 4167. of the Revised Code as if it were a school | 195 |
| district and will comply with section 3301.0714 of the Revised | 196 |
| Code in the manner specified in section 3314.17 of the Revised | 197 |
| Code. | 198 |
| (e) The school shall comply with Chapter 102. and section | 199 |
| 2921.42 of the Revised Code. | 200 |
| (f) The school will comply with sections 3313.61, 3313.611, | 201 |
| and 3313.614 of the Revised Code, except that for students who | 202 |
| enter ninth grade for the first time before July 1, 2010, the | 203 |
| requirement in sections 3313.61 and 3313.611 of the Revised Code | 204 |
| that a person must successfully complete the curriculum in any | 205 |
| high school prior to receiving a high school diploma may be met by | 206 |
| completing the curriculum adopted by the governing authority of | 207 |
| the community school rather than the curriculum specified in Title | 208 |
| XXXIII of the Revised Code or any rules of the state board of | 209 |
| education. Beginning with students who enter ninth grade for the | 210 |
| first time on or after July 1, 2010, the requirement in sections | 211 |
| 3313.61 and 3313.611 of the Revised Code that a person must | 212 |
| successfully complete the curriculum of a high school prior to | 213 |
| receiving a high school diploma shall be met by completing the | 214 |
| Ohio core curriculum prescribed in division (C) of section | 215 |
| 3313.603 of the Revised Code, unless the person qualifies under | 216 |
| division (D) or (F) of that section. Each school shall comply with | 217 |
| the plan for awarding high school credit based on demonstration of | 218 |
| subject area competency, adopted by the state board of education | 219 |
| under division (J) of section 3313.603 of the Revised Code. | 220 |
| (g) The school governing authority will submit within four | 221 |
| months after the end of each school year a report of its | 222 |
| activities and progress in meeting the goals and standards of | 223 |
| divisions (A)(3) and (4) of this section and its financial status | 224 |
| to the sponsor and the parents of all students enrolled in the | 225 |
| school. | 226 |
| (h) The school, unless it is an internet- or computer-based | 227 |
| community school, will comply with section 3313.801 of the Revised | 228 |
| Code as if it were a school district. | 229 |
| (i) If the school is the recipient of moneys from a grant | 230 |
| awarded under the federal race to the top program, Division (A), | 231 |
| Title XIV, Sections 14005 and 14006 of the "American Recovery and | 232 |
| Reinvestment Act of 2009," Pub. L. No. 111-5, 123 Stat. 115, the | 233 |
| school will pay teachers based upon performance in accordance with | 234 |
| section 3317.141 and will comply with section 3319.111 of the | 235 |
| Revised Code as if it were a school district. | 236 |
| (12) Arrangements for providing health and other benefits to | 237 |
| employees; | 238 |
| (13) The length of the contract, which shall begin at the | 239 |
| beginning of an academic year. No contract shall exceed five years | 240 |
| unless such contract has been renewed pursuant to division (E) of | 241 |
| this section. | 242 |
| (14) The governing authority of the school, which shall be | 243 |
| responsible for carrying out the provisions of the contract; | 244 |
| (15) A financial plan detailing an estimated school budget | 245 |
| for each year of the period of the contract and specifying the | 246 |
| total estimated per pupil expenditure amount for each such year. | 247 |
| The plan shall specify for each year the base formula amount that | 248 |
| will be used for purposes of funding calculations under section | 249 |
| 3314.08 of the Revised Code. This base formula amount for any year | 250 |
| shall not exceed the formula amount defined under section 3317.02 | 251 |
| of the Revised Code. The plan may also specify for any year a | 252 |
| percentage figure to be used for reducing the per pupil amount of | 253 |
| the subsidy calculated pursuant to section 3317.029 of the Revised | 254 |
| Code the school is to receive that year under section 3314.08 of | 255 |
| the Revised Code. | 256 |
| (16) Requirements and procedures regarding the disposition of | 257 |
| employees of the school in the event the contract is terminated or | 258 |
| not renewed pursuant to section 3314.07 of the Revised Code; | 259 |
| (17) Whether the school is to be created by converting all or | 260 |
| part of an existing public school or educational service center | 261 |
| building or is to be a new start-up school, and if it is a | 262 |
| converted public school or service center building, specification | 263 |
| of any duties or responsibilities of an employer that the board of | 264 |
| education or service center governing board that operated the | 265 |
| school or building before conversion is delegating to the | 266 |
| governing authority of the community school with respect to all or | 267 |
| any specified group of employees provided the delegation is not | 268 |
| prohibited by a collective bargaining agreement applicable to such | 269 |
| employees; | 270 |
| (18) Provisions establishing procedures for resolving | 271 |
| disputes or differences of opinion between the sponsor and the | 272 |
| governing authority of the community school; | 273 |
| (19) A provision requiring the governing authority to adopt a | 274 |
| policy regarding the admission of students who reside outside the | 275 |
| district in which the school is located. That policy shall comply | 276 |
| with the admissions procedures specified in sections 3314.06 and | 277 |
| 3314.061 of the Revised Code and, at the sole discretion of the | 278 |
| authority, shall do one of the following: | 279 |
| (a) Prohibit the enrollment of students who reside outside | 280 |
| the district in which the school is located; | 281 |
| (b) Permit the enrollment of students who reside in districts | 282 |
| adjacent to the district in which the school is located; | 283 |
| (c) Permit the enrollment of students who reside in any other | 284 |
| district in the state. | 285 |
| (20) A provision recognizing the authority of the department | 286 |
| of education to take over the sponsorship of the school in | 287 |
| accordance with the provisions of division (C) of section 3314.015 | 288 |
| of the Revised Code; | 289 |
| (21) A provision recognizing the sponsor's authority to | 290 |
| assume the operation of a school under the conditions specified in | 291 |
| division (B) of section 3314.073 of the Revised Code; | 292 |
| (22) A provision recognizing both of the following: | 293 |
| (a) The authority of public health and safety officials to | 294 |
| inspect the facilities of the school and to order the facilities | 295 |
| closed if those officials find that the facilities are not in | 296 |
| compliance with health and safety laws and regulations; | 297 |
| (b) The authority of the department of education as the | 298 |
| community school oversight body to suspend the operation of the | 299 |
| school under section 3314.072 of the Revised Code if the | 300 |
| department has evidence of conditions or violations of law at the | 301 |
| school that pose an imminent danger to the health and safety of | 302 |
| the school's students and employees and the sponsor refuses to | 303 |
| take such action. | 304 |
| (23) A description of the learning opportunities that will be | 305 |
| offered to students including both classroom-based and | 306 |
| non-classroom-based learning opportunities that is in compliance | 307 |
| with criteria for student participation established by the | 308 |
| department under division (L)(2) of section 3314.08 of the Revised | 309 |
| Code; | 310 |
| (24) The school will comply with sections 3302.04 and | 311 |
| 3302.041 of the Revised Code, except that any action required to | 312 |
| be taken by a school district pursuant to those sections shall be | 313 |
| taken by the sponsor of the school. However, the sponsor shall not | 314 |
| be required to take any action described in division (F) of | 315 |
| section 3302.04 of the Revised Code. | 316 |
| (25) Beginning in the 2006-2007 school year, the school will | 317 |
| open for operation not later than the thirtieth day of September | 318 |
| each school year, unless the mission of the school as specified | 319 |
| under division (A)(2) of this section is solely to serve dropouts. | 320 |
| In its initial year of operation, if the school fails to open by | 321 |
| the thirtieth day of September, or within one year after the | 322 |
| adoption of the contract pursuant to division (D) of section | 323 |
| 3314.02 of the Revised Code if the mission of the school is solely | 324 |
| to serve dropouts, the contract shall be void. | 325 |
| (B) The community school shall also submit to the sponsor a | 326 |
| comprehensive plan for the school. The plan shall specify the | 327 |
| following: | 328 |
| (1) The process by which the governing authority of the | 329 |
| school will be selected in the future; | 330 |
| (2) The management and administration of the school; | 331 |
| (3) If the community school is a currently existing public | 332 |
| school or educational service center building, alternative | 333 |
| arrangements for current public school students who choose not to | 334 |
| attend the converted school and for teachers who choose not to | 335 |
| teach in the school or building after conversion; | 336 |
| (4) The instructional program and educational philosophy of | 337 |
| the school; | 338 |
| (5) Internal financial controls. | 339 |
| (C) A contract entered into under section 3314.02 of the | 340 |
| Revised Code between a sponsor and the governing authority of a | 341 |
| community school may provide for the community school governing | 342 |
| authority to make payments to the sponsor, which is hereby | 343 |
| authorized to receive such payments as set forth in the contract | 344 |
| between the governing authority and the sponsor. The total amount | 345 |
| of such payments for oversight and monitoring of the school shall | 346 |
| not exceed three per cent of the total amount of payments for | 347 |
| operating expenses that the school receives from the state. | 348 |
| (D) The contract shall specify the duties of the sponsor | 349 |
| which shall be in accordance with the written agreement entered | 350 |
| into with the department of education under division (B) of | 351 |
| section 3314.015 of the Revised Code and shall include the | 352 |
| following: | 353 |
| (1) Monitor the community school's compliance with all laws | 354 |
| applicable to the school and with the terms of the contract; | 355 |
| (2) Monitor and evaluate the academic and fiscal performance | 356 |
| and the organization and operation of the community school on at | 357 |
| least an annual basis; | 358 |
| (3) Report on an annual basis the results of the evaluation | 359 |
| conducted under division (D)(2) of this section to the department | 360 |
| of education and to the parents of students enrolled in the | 361 |
| community school; | 362 |
| (4) Provide technical assistance to the community school in | 363 |
| complying with laws applicable to the school and terms of the | 364 |
| contract; | 365 |
| (5) Take steps to intervene in the school's operation to | 366 |
| correct problems in the school's overall performance, declare the | 367 |
| school to be on probationary status pursuant to section 3314.073 | 368 |
| of the Revised Code, suspend the operation of the school pursuant | 369 |
| to section 3314.072 of the Revised Code, or terminate the contract | 370 |
| of the school pursuant to section 3314.07 of the Revised Code as | 371 |
| determined necessary by the sponsor; | 372 |
| (6) Have in place a plan of action to be undertaken in the | 373 |
| event the community school experiences financial difficulties or | 374 |
| closes prior to the end of a school year. | 375 |
| (E) Upon the expiration of a contract entered into under this | 376 |
| section, the sponsor of a community school may, with the approval | 377 |
| of the governing authority of the school, renew that contract for | 378 |
| a period of time determined by the sponsor, but not ending earlier | 379 |
| than the end of any school year, if the sponsor finds that the | 380 |
| school's compliance with applicable laws and terms of the contract | 381 |
| and the school's progress in meeting the academic goals prescribed | 382 |
| in the contract have been satisfactory. Any contract that is | 383 |
| renewed under this division remains subject to the provisions of | 384 |
| sections 3314.07, 3314.072, and 3314.073 of the Revised Code. | 385 |
| (F) If a community school fails to open for operation within | 386 |
| one year after the contract entered into under this section is | 387 |
| adopted pursuant to division (D) of section 3314.02 of the Revised | 388 |
| Code or permanently closes prior to the expiration of the | 389 |
| contract, the contract shall be void and the school shall not | 390 |
| enter into a contract with any other sponsor. A school shall not | 391 |
| be considered permanently closed because the operations of the | 392 |
| school have been suspended pursuant to section 3314.072 of the | 393 |
| Revised Code. | 394 |
| Sec. 3314.142. (A) A community school, member of a community | 395 |
| school governing authority, community school employee or | 396 |
| volunteer, community school operator, or employee or volunteer of | 397 |
| a community school operator, including a coach or referee, is not | 398 |
| liable in damages in a civil action for injury, death, or loss to | 399 |
| person or property allegedly arising from providing services or | 400 |
| performing duties under section 3313.539 of the Revised Code, | 401 |
| unless the act or omission constitutes willful or wanton | 402 |
| misconduct. | 403 |
| (B) This section does not eliminate, limit, or reduce any | 404 |
| other immunity or defense that a community school, member of a | 405 |
| community school governing authority, community school employee or | 406 |
| volunteer, community school operator, or employee or volunteer of | 407 |
| a community school operator, including a coach or referee, may be | 408 |
| entitled to under Chapter 2744. or any other provision of the | 409 |
| Revised Code or under the common law of this state. | 410 |
| Sec. 3319.303. (A) The state board of education shall adopt | 411 |
| rules establishing standards and requirements for obtaining a | 412 |
| pupil-activity program permit for any individual who does not hold | 413 |
| a valid educator license, certificate, or permit issued by the | 414 |
| state board under section 3319.22, 3319.26, or 3319.27 of the | 415 |
| Revised Code. The permit issued under this section shall be valid | 416 |
| for coaching, supervising, or directing a pupil-activity program | 417 |
| under section 3313.53 of the Revised Code. Subject to the | 418 |
| provisions of section 3319.31 of the Revised Code, a permit issued | 419 |
| under this section shall be valid for three years and shall be | 420 |
| renewable. | 421 |
| (B) The state board shall adopt rules applicable to | 422 |
| individuals who hold valid educator licenses, certificates, or | 423 |
| permits issued by the state board under section 3319.22, 3319.26, | 424 |
| or 3319.27 of the Revised Code setting forth standards to assure | 425 |
| any such individual's competence to direct, supervise, or coach a | 426 |
| pupil-activity program. The rules adopted under this division | 427 |
| shall not be more stringent than the standards set forth in rules | 428 |
| applicable to individuals who do not hold such licenses, | 429 |
| certificates, or permits adopted under division (A) of this | 430 |
| section. | 431 |
| (C) As a condition to issuing or renewing a pupil-activity | 432 |
| program permit to coach interscholastic athletics: | 433 |
| (1) The state board shall require each individual applying | 434 |
| for a first permit on or after the effective date of this | 435 |
| amendment to successfully complete a training program that is | 436 |
| specifically focused on brain trauma and brain injury management. | 437 |
| (2) The state board shall require each individual applying | 438 |
| for a permit renewal on or after that date to present evidence | 439 |
| that the individual has successfully completed, within the | 440 |
| previous three years, a training program in recognizing the | 441 |
| symptoms of concussions and head injuries to which the department | 442 |
| of health has provided a link on its internet web site under | 443 |
| section 3707.52 of the Revised Code or a training program | 444 |
| authorized and required by an organization that regulates | 445 |
| interscholastic conferences or events. | 446 |
| Sec. 3326.11. Each science, technology, engineering, and | 447 |
| mathematics school established under this chapter and its | 448 |
| governing body shall comply with sections 9.90, 9.91, 109.65, | 449 |
| 121.22, 149.43, 2151.357, 2151.421, 2313.19, 2921.42, 2921.43, | 450 |
| 3301.0714, 3301.0715, 3313.14, 3313.15, 3313.16, 3313.18, | 451 |
| 3313.201, 3313.26, 3313.472, 3313.48, 3313.481, 3313.482, 3313.50, | 452 |
| 3313.536, 3313.539, 3313.608, 3313.6012, 3313.6013, 3313.6014, | 453 |
| 3313.6015, 3313.61, 3313.611, 3313.614, 3313.615, 3313.643, | 454 |
| 3313.648, 3313.6411, 3313.66, 3313.661, 3313.662, 3313.666, | 455 |
| 3313.667, 3313.67, 3313.671, 3313.672, 3313.673, 3313.69, 3313.71, | 456 |
| 3313.716, 3313.718, 3313.719, 3313.80, 3313.801, 3313.814, | 457 |
| 3313.816, 3313.817, 3313.86, 3313.88, 3313.96, 3319.073, 3319.21, | 458 |
| 3319.32, 3319.321, 3319.35, 3319.39, 3319.391, 3319.41, 3319.45, | 459 |
| 3321.01, 3321.041, 3321.13, 3321.14, 3321.17, 3321.18, 3321.19, | 460 |
| 3321.191, 3327.10, 4111.17, 4113.52, and 5705.391 and Chapters | 461 |
| 102., 117., 1347., 2744., 3307., 3309., 3365., 3742., 4112., | 462 |
| 4123., 4141., and 4167. of the Revised Code as if it were a school | 463 |
| district. | 464 |
| Sec. 3326.27. (A) A STEM school, member of a STEM school | 465 |
| governing body, or STEM school employee or volunteer, including a | 466 |
| coach or referee, is not liable in damages in a civil action for | 467 |
| injury, death, or loss to person or property allegedly arising | 468 |
| from providing services or performing duties under section | 469 |
| 3313.539 of the Revised Code, unless the act or omission | 470 |
| constitutes willful or wanton misconduct. | 471 |
| (B) This section does not eliminate, limit, or reduce any | 472 |
| other immunity or defense that a STEM school, member of a STEM | 473 |
| school governing body, or STEM school employee or volunteer, | 474 |
| including a coach or referee, may be entitled to under Chapter | 475 |
| 2744. or any other provision of the Revised Code or under the | 476 |
| common law of this state. | 477 |
| Sec. 3707.51. As used in sections 3707.511 and 3707.52 of the | 478 |
| Revised Code, "youth sports organization" means a public or | 479 |
| nonpublic entity that organizes an athletic activity in which the | 480 |
| athletes are not more than nineteen years of age and are required | 481 |
| to pay a fee to participate in the athletic activity or whose cost | 482 |
| to participate is sponsored by a business or nonprofit | 483 |
| organization. | 484 |
| Sec. 3707.511. (A) As used in this section, "physician" | 485 |
| means a person authorized under Chapter 4731. of the Revised Code | 486 |
| to practice medicine and surgery or osteopathic medicine and | 487 |
| surgery. | 488 |
| (B) A youth sports organization shall provide to the parent, | 489 |
| guardian, or other person having care or charge of an individual | 490 |
| who wishes to practice for or compete in an athletic activity | 491 |
| organized by a youth sports organization the concussion and head | 492 |
| injury information sheet required by section 3707.52 of the | 493 |
| Revised Code. The organization shall provide the information sheet | 494 |
| annually for each sport or other category of athletic activity for | 495 |
| or in which the individual practices or competes. | 496 |
| (C)(1) No individual shall act as a coach or referee for a | 497 |
| youth sports organization unless the individual holds a | 498 |
| pupil-activity program permit issued under section 3319.303 of the | 499 |
| Revised Code for coaching interscholastic athletics or presents | 500 |
| evidence that the individual has successfully completed, within | 501 |
| the previous three years, a training program in recognizing the | 502 |
| symptoms of concussions and head injuries to which the department | 503 |
| of health has provided a link on its internet web site under | 504 |
| section 3707.52 of the Revised Code. | 505 |
| (2) The youth sports organization for which the individual | 506 |
| intends to act as a coach or referee shall inform the individual | 507 |
| of the requirement described in division (C)(1) of this section. | 508 |
| (D) If an individual practicing for or competing in an | 509 |
| athletic event organized by a youth sports organization exhibits | 510 |
| signs, symptoms, or behaviors consistent with having sustained a | 511 |
| concussion or head injury while participating in the practice or | 512 |
| competition, the individual shall be removed from the practice or | 513 |
| competition by one of the following: | 514 |
| (1) The individual who is serving as the individual's coach | 515 |
| during that practice or competition; | 516 |
| (2) An individual who is serving as a referee during that | 517 |
| practice or competition; | 518 |
| (3) An official of the youth sports organization who is | 519 |
| supervising that practice or competition. | 520 |
| (E)(1) If an individual is removed from practice or | 521 |
| competition under division (D) of this section, the coach, | 522 |
| referee, or official who removed the individual shall not allow | 523 |
| the individual, on the same day the individual is removed, to | 524 |
| return to that practice or competition or to participate in any | 525 |
| other practice or competition for which the coach, referee, or | 526 |
| official is responsible. Thereafter, the coach, referee, or | 527 |
| official shall not allow the student to return to that practice or | 528 |
| competition or to participate in any other practice or competition | 529 |
| for which the coach, referee, or official is responsible until | 530 |
| both of the following conditions are satisfied: | 531 |
| (a) The individual's condition is assessed by either of the | 532 |
| following: | 533 |
| (i) A physician; | 534 |
| (ii) Any other licensed health care provider the youth sports | 535 |
| organization, pursuant to division (E)(2) of this section, | 536 |
| authorizes to assess an individual who has been removed from | 537 |
| practice or competition under division (D) of this section. | 538 |
| (b) The individual receives written clearance that it is safe | 539 |
| for the individual to return to practice or competition from a | 540 |
| physician or from another licensed health care provider authorized | 541 |
| pursuant to division (E)(2) of this section to grant the | 542 |
| clearance. | 543 |
| (2) A youth sports organization may authorize a licensed | 544 |
| health care provider who is not a physician to make an assessment | 545 |
| or grant a clearance for purposes of division (E)(1) of this | 546 |
| section only if the provider is acting in accordance with one of | 547 |
| the following, as applicable to the provider's authority to | 548 |
| practice in this state: | 549 |
| (a) In consultation with a physician; | 550 |
| (b) Pursuant to the referral of a physician; | 551 |
| (c) In collaboration with a physician; | 552 |
| (d) Under the supervision of a physician. | 553 |
| (3) A physician or other licensed health care provider who | 554 |
| makes an assessment or grants a clearance for purposes of division | 555 |
| (E)(1) of this section may be a volunteer. | 556 |
| (F)(1) A youth sports organization or official, employee, or | 557 |
| volunteer of a youth sports organization, including a coach or | 558 |
| referee, is not liable in damages in a civil action for injury, | 559 |
| death, or loss to person or property allegedly arising from | 560 |
| providing services or performing duties under this section, unless | 561 |
| the act or omission constitutes willful or wanton misconduct. | 562 |
| (2) This section does not eliminate, limit, or reduce any | 563 |
| other immunity or defense that a public entity, public official, | 564 |
| or public employee may be entitled to under Chapter 2744. or any | 565 |
| other provision of the Revised Code or under the common law of | 566 |
| this state. | 567 |
| Sec. 3707.52. (A) The department of health shall create a | 568 |
| concussion and head injury information sheet for participants in | 569 |
| interscholastic athletics and youth sports organizations. The | 570 |
| department shall include in the information sheet pertinent | 571 |
| information to inform and educate coaches, athletes, and the | 572 |
| parents, guardians, or other persons having care or charge of | 573 |
| athletes of the signs and symptoms of concussion or head injury | 574 |
| and the risks of continuing to practice for or compete in an | 575 |
| athletic event or activity after sustaining a concussion or head | 576 |
| injury. The department periodically shall review the information | 577 |
| sheet and update it accordingly. | 578 |
| The department shall make the information sheet available on | 579 |
| its internet web site in a format suitable for easy downloading | 580 |
| and printing. | 581 |
| (B) The department shall provide a link on its internet web | 582 |
| site to one or more free online training programs in recognizing | 583 |
| the symptoms of concussions and head injuries. The department | 584 |
| shall include one or more programs that are appropriate for | 585 |
| coaches or referees of schools or youth sports organizations | 586 |
| seeking to fulfill the requirements of section 3313.539 or | 587 |
| 3707.511 of the Revised Code. | 588 |
| Section 2. That existing sections 3314.03, 3319.303, and | 589 |
| 3326.11 of the Revised Code are hereby repealed. | 590 |
| Section 3. Sections 3313.539, 3314.03, 3314.142, 3319.303, | 591 |
| 3326.11, 3326.27, and 3707.511 of the Revised Code, as amended or | 592 |
| enacted by this act, shall take effect thirty days after the | 593 |
| effective date of this section. | 594 |