S. B. No. 316 As Introduced

As Introduced

129th General Assembly

Regular Session

2011-2012

S. B. No. 316

Senator Lehner
(by request)

A BILL

To amend sections 3301.079, 3301.0711, 3301.0712,

3301.0714, 3301.0715, 3301.0723, 3301.52, 3301.53,

3301.58, 3301.90, 3302.01, 3302.03, 3302.04,

3302.042, 3302.05, 3302.10, 3302.12, 3302.20,

3302.21, 3302.25, 3310.03, 3310.06, 3310.08,

3310.15, 3313.37, 3313.411, 3313.473, 3313.608,

3313.609, 3313.6013, 3313.816, 3313.845, 3313.978,

3314.012, 3314.015, 3314.016, 3314.02, 3314.028,

3314.03, 3314.05, 3314.08, 3314.17, 3314.35,

3314.37, 3317.01, 3318.023, 3318.034, 3318.36,

3318.37, 3318.371, 3319.02, 3319.111, 3319.112,

3319.58, 3321.01, 3323.011, 3333.0411, 3333.391,

4139.01, 4139.03, 4139.04, 4139.05, 5104.01,

5104.011, 5104.02, 5104.21, 5104.30, 5104.31,

5104.34, 5104.38, 5751.20, 6301.01, 6301.02,

6301.03, 6301.04, 6301.07, 6301.08, and 6301.10;

to enact sections 3301.941, 3302.022, 3302.033,

3302.41, 3318.364, 3319.031, 4123.391, 5104.031,

5104.032, 5104.033, and 5123.022; and to repeal

sections 3314.36 and 3319.19 of the Revised Code;

to amend Sections 267.10.90, 267.30.56, and 733.10

of Am. Sub. H.B. 153 of the 129th General

Assembly; and to repeal Section 267.60.23 of Am.

Sub. H.B. 153 of the 129th General Assembly and

Section 265.20.15 of Am. Sub. H.B. 1 of the 128th

General Assembly to revise authorizations and

conditions with respect to education, workforce

development, and early childhood care; and to

amend sections 109.57, 2151.011, 2919.227,

2923.124, 2923.126, 2923.1212, 2950.11, 2950.13,

3109.051, 3701.63, 3737.22, 3742.01, 3797.06,

4511.81, 5101.29, 5103.03, 5104.01, 5104.011,

5104.012, 5104.013, 5104.015, 5104.022, 5104.03,

5104.04, 5104.041, 5104.052, 5104.053, 5104.054,

5104.06, 5104.08, 5104.09, 5104.13, 5104.30,

5104.31, 5104.32, 5104.35, 5104.36, 5104.38,

5107.60, and 5153.175, to amend, for the purpose

of adopting new section numbers as indicated in

parentheses, sections 5104.011 (5104.015),

5104.015 (5104.25), 5104.031 (5104.035), 5104.032

(5104.036), and 5104.033 (5104.037), to enact new

sections 5104.032 and 5104.033 and sections

5104.016, 5104.017, 5104.018, 5104.019, 5104.0110,

5104.0111, 5104.0112, 5104.034, 5104.038,

5104.039, and 5104.14, and to repeal sections

5104.014 and 5104.11 of the Revised Code to revise

the law governing type B family day-care homes on

January 1, 2014.

BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF OHIO:

Section 101.01. That sections 3301.079, 3301.0711, 3301.0712,	49
3301.0714, 3301.0715, 3301.0723, 3301.52, 3301.53, 3301.58,	50
3301.90, 3302.01, 3302.03, 3302.04, 3302.042, 3302.05, 3302.10,	51
3302.12, 3302.20, 3302.21, 3302.25, 3310.03, 3310.06, 3310.08,	52
3310.15, 3313.37, 3313.411, 3313.473, 3313.608, 3313.609,	53
3313.6013, 3313.816, 3313.845, 3313.978, 3314.012, 3314.015,	54
3314.016, 3314.02, 3314.028, 3314.03, 3314.05, 3314.08, 3314.17,	55
3314.35, 3314.37, 3317.01, 3318.023, 3318.034, 3318.36, 3318.37,	56
3318.371, 3319.02, 3319.111, 3319.112, 3319.58, 3321.01, 3323.011,	57
3333.0411, 3333.391, 4139.01, 4139.03, 4139.04, 4139.05, 5104.01,	58
5104.011, 5104.02, 5104.21, 5104.30, 5104.31, 5104.34, 5104.38,	59
5751.20, 6301.01, 6301.02, 6301.03, 6301.04, 6301.07, 6301.08, and	60
6301.10 be amended; and sections 3301.941, 3302.022, 3302.033,	61
3302.41, 3318.364, 3319.031, 4123.391, 5104.031, 5104.032,	62
5104.033, and 5123.022 of the Revised Code be enacted to read as	63
follows:	64

Sec. 3301.079. (A)(1) ~~Not later than June 30, 2010, and~~	65
~~periodically thereafter, the~~The state board of education shall	66
periodically adopt statewide academic standards with emphasis on	67
coherence, focus, and rigor for each of grades kindergarten	68
through twelve in English language arts, mathematics, science, and	69
social studies.	70

The standards shall specify the following:

(a) The core academic content and skills that students are	72
expected to know and be able to do at each grade level that will	73
allow each student to be prepared for postsecondary instruction	74
and the workplace for success in the twenty-first century;	75

(b) The development of skill sets that promote information,	76
media, and technological literacy;	77

(c) Interdisciplinary, project-based, real-world learning	78
opportunities.	79

(2) After completing the standards required by division	80
(A)(1) of this section, the state board shall adopt standards and	81
model curricula for instruction in technology, financial literacy	82
and entrepreneurship, fine arts, and foreign language for grades	83
kindergarten through twelve. The standards shall meet the same	84
requirements prescribed in divisions (A)(1)(a) to (c) of this	85
section.	86

(3) The state board shall adopt the most recent standards	87
developed by the national association for sport and physical	88
education for physical education in grades kindergarten through	89
twelve or shall adopt its own standards for physical education in	90
those grades and revise and update them periodically.	91

The department of education shall employ a full-time physical	92
education coordinator to provide guidance and technical assistance	93
to districts, community schools, and STEM schools in implementing	94
the physical education standards adopted under this division. The	95
superintendent of public instruction shall determine that the	96
person employed as coordinator is qualified for the position, as	97
demonstrated by possessing an adequate combination of education,	98
license, and experience.	99

(4) When academic standards have been completed for any	100
subject area required by this section, the state board shall	101
inform all school districts, all community schools established	102
under Chapter 3314. of the Revised Code, all STEM schools	103
established under Chapter 3326. of the Revised Code, and all	104
nonpublic schools required to administer the assessments	105
prescribed by sections 3301.0710 and 3301.0712 of the Revised Code	106
of the content of those standards.	107

(B) ~~Not later than March 31, 2011, the~~(1) The state board	108
shall adopt a model curriculum for instruction in each subject	109
area for which updated academic standards are required by division	110
(A)(1) of this section and for each of grades kindergarten through	111
twelve that is sufficient to meet the needs of students in every	112
community. The model curriculum shall be aligned with the	113
standards, to ensure that the academic content and skills	114
specified for each grade level are taught to students, and shall	115
demonstrate vertical articulation and emphasize coherence, focus,	116
and rigor. When any model curriculum has been completed, the state	117
board shall inform all school districts, community schools, and	118
STEM schools of the content of that model curriculum.	119

(2) Not later than June 30, 2013, the state board, in	120
consultation with any office housed in the governor's office that	121
deals with workforce development, shall adopt model curricula for	122
grades kindergarten through twelve that embed career connection	123
learning strategies into regular classroom instruction.	124

(3) All school districts, community schools, and STEM schools	125
may utilize the state standards and the model curriculum	126
established by the state board, together with other relevant	127
resources, examples, or models to ensure that students have the	128
opportunity to attain the academic standards. Upon request, the	129
department ~~of education~~ shall provide technical assistance to any	130
district, community school, or STEM school in implementing the	131
model curriculum.	132

Nothing in this section requires any school district to	133
utilize all or any part of a model curriculum developed under this	134
~~division~~section.	135

(C) The state board shall develop achievement assessments	136
aligned with the academic standards and model curriculum for each	137
of the subject areas and grade levels required by divisions (A)(1)	138
and (B)(1) of section 3301.0710 of the Revised Code.	139

When any achievement assessment has been completed, the state	140
board shall inform all school districts, community schools, STEM	141
schools, and nonpublic schools required to administer the	142
assessment of its completion, and the department ~~of education~~	143
shall make the achievement assessment available to the districts	144
and schools.	145

(D)(1) The state board shall adopt a diagnostic assessment	146
aligned with the academic standards and model curriculum for each	147
of grades kindergarten through two in English language arts and	148
mathematics and for grade three in English language arts. The	149
diagnostic assessment shall be designed to measure student	150
comprehension of academic content and mastery of related skills	151
for the relevant subject area and grade level. Any diagnostic	152
assessment shall not include components to identify gifted	153
students. Blank copies of diagnostic assessments shall not be	154
public records.	155

(2) When each diagnostic assessment has been completed, the	156
state board shall inform all school districts of its completion	157
and the department ~~of education~~ shall make the diagnostic	158
assessment available to the districts at no cost to the district.	159
School districts shall administer the diagnostic assessment	160
pursuant to section 3301.0715 of the Revised Code beginning the	161
first school year following the development of the assessment.	162

(E) The state board shall not adopt a diagnostic or	163
achievement assessment for any grade level or subject area other	164
than those specified in this section.	165

(F) Whenever the state board or the department ~~of education~~	166
consults with persons for the purpose of drafting or reviewing any	167
standards, diagnostic assessments, achievement assessments, or	168
model curriculum required under this section, the state board or	169
the department shall first consult with parents of students in	170
kindergarten through twelfth grade and with active Ohio classroom	171
teachers, other school personnel, and administrators with	172
expertise in the appropriate subject area. Whenever practicable,	173
the state board and department shall consult with teachers	174
recognized as outstanding in their fields.	175

If the department contracts with more than one outside entity	176
for the development of the achievement assessments required by	177
this section, the department shall ensure the interchangeability	178
of those assessments.	179

(G) Whenever the state board adopts standards or model	180
curricula under this section, the department also shall provide	181
information on the use of blended or digital learning in the	182
delivery of the standards or curricula to students in accordance	183
with division (A)(4) of this section.	184

(H) The fairness sensitivity review committee, established by	185
rule of the state board of education, shall not allow any question	186
on any achievement or diagnostic assessment developed under this	187
section or any proficiency test prescribed by former section	188
3301.0710 of the Revised Code, as it existed prior to September	189
11, 2001, to include, be written to promote, or inquire as to	190
individual moral or social values or beliefs. The decision of the	191
committee shall be final. This section does not create a private	192
cause of action.	193

~~(H)~~(I) Not later than forty-five days prior to the ~~initial~~	194
~~deadline established~~adoption by the state board of updated	195
academic standards under division (A)(1) of this section ~~and the~~	196
~~deadline established~~or updated model curricula under division	197
(B)(1) of this section, the superintendent of public instruction	198
shall present the academic standards or model curricula, as	199
applicable, to the respective committees of the house of	200
representatives and senate that consider education legislation.	201

~~(I)~~(J) As used in this section:

202

(1) "Blended learning" means the delivery of instruction in a	203
combination of time in a supervised physical location away from	204
home and online delivery whereby the student has some element of	205
control over time, place, path, or pace of learning.	206

(2) "Coherence" means a reflection of the structure of the	207
discipline being taught.	208

~~(2)~~(3) "Digital learning" means learning facilitated by	209
technology that gives students some element of control over time,	210
place, path, or pace of their learning.	211

(4) "Focus" means limiting the number of items included in a	212
curriculum to allow for deeper exploration of the subject matter.	213

~~(3)~~(5) "Rigor" means more challenging and demanding when	214
compared to international standards.	215

~~(4)~~(6) "Vertical articulation" means key academic concepts	216
and skills associated with mastery in particular content areas	217
should be articulated and reinforced in a developmentally	218
appropriate manner at each grade level so that over time students	219
acquire a depth of knowledge and understanding in the core	220
academic disciplines.	221

Sec. 3301.0711. (A) The department of education shall:

222

(1) Annually furnish to, grade, and score all assessments	223
required by divisions (A)(1) and (B)(1) of section 3301.0710 of	224
the Revised Code to be administered by city, local, exempted	225
village, and joint vocational school districts, except that each	226
district shall score any assessment administered pursuant to	227
division (B)(10) of this section. Each assessment so furnished	228
shall include the data verification code of the student to whom	229
the assessment will be administered, as assigned pursuant to	230
division (D)(2) of section 3301.0714 of the Revised Code. In	231
furnishing the practice versions of Ohio graduation tests	232
prescribed by division (D) of section 3301.0710 of the Revised	233
Code, the department shall make the tests available on its web	234
site for reproduction by districts. In awarding contracts for	235
grading assessments, the department shall give preference to	236
Ohio-based entities employing Ohio residents.	237

(2) Adopt rules for the ethical use of assessments and	238
prescribing the manner in which the assessments prescribed by	239
section 3301.0710 of the Revised Code shall be administered to	240
students.	241

(B) Except as provided in divisions (C) and (J) of this	242
section, the board of education of each city, local, and exempted	243
village school district shall, in accordance with rules adopted	244
under division (A) of this section:	245

(1) Administer the English language arts assessments	246
prescribed under division (A)(1)(a) of section 3301.0710 of the	247
Revised Code twice annually to all students in the third grade who	248
have not attained the score designated for that assessment under	249
division (A)(2)(b) of section 3301.0710 of the Revised Code.	250

(2) Administer the mathematics assessment prescribed under	251
division (A)(1)(a) of section 3301.0710 of the Revised Code at	252
least once annually to all students in the third grade.	253

(3) Administer the assessments prescribed under division	254
(A)(1)(b) of section 3301.0710 of the Revised Code at least once	255
annually to all students in the fourth grade.	256

(4) Administer the assessments prescribed under division	257
(A)(1)(c) of section 3301.0710 of the Revised Code at least once	258
annually to all students in the fifth grade.	259

(5) Administer the assessments prescribed under division	260
(A)(1)(d) of section 3301.0710 of the Revised Code at least once	261
annually to all students in the sixth grade.	262

(6) Administer the assessments prescribed under division	263
(A)(1)(e) of section 3301.0710 of the Revised Code at least once	264
annually to all students in the seventh grade.	265

(7) Administer the assessments prescribed under division	266
(A)(1)(f) of section 3301.0710 of the Revised Code at least once	267
annually to all students in the eighth grade.	268

(8) Except as provided in division (B)(9) of this section,	269
administer any assessment prescribed under division (B)(1) of	270
section 3301.0710 of the Revised Code as follows:	271

(a) At least once annually to all tenth grade students and at	272
least twice annually to all students in eleventh or twelfth grade	273
who have not yet attained the score on that assessment designated	274
under that division;	275

(b) To any person who has successfully completed the	276
curriculum in any high school or the individualized education	277
program developed for the person by any high school pursuant to	278
section 3323.08 of the Revised Code but has not received a high	279
school diploma and who requests to take such assessment, at any	280
time such assessment is administered in the district.	281

(9) In lieu of the board of education of any city, local, or	282
exempted village school district in which the student is also	283
enrolled, the board of a joint vocational school district shall	284
administer any assessment prescribed under division (B)(1) of	285
section 3301.0710 of the Revised Code at least twice annually to	286
any student enrolled in the joint vocational school district who	287
has not yet attained the score on that assessment designated under	288
that division. A board of a joint vocational school district may	289
also administer such an assessment to any student described in	290
division (B)(8)(b) of this section.	291

(10) If the district has been ~~declared to be under an~~	292
~~academic watch or in a state of academic emergency~~rated "D" or	293
"F" pursuant to section 3302.03 of the Revised Code or has a	294
three-year average graduation rate of not more than seventy-five	295
per cent, administer each assessment prescribed by division (D) of	296
section 3301.0710 of the Revised Code in September to all ninth	297
grade students~~, beginning in the school year that starts July 1,~~	298
~~2005~~.	299

Except as provided in section 3313.614 of the Revised Code	300
for administration of an assessment to a person who has fulfilled	301
the curriculum requirement for a high school diploma but has not	302
passed one or more of the required assessments, the assessments	303
prescribed under division (B)(1) of section 3301.0710 of the	304
Revised Code and the practice assessments prescribed under	305
division (D) of that section and required to be administered under	306
divisions (B)(8), (9), and (10) of this section shall not be	307
administered after the assessment system prescribed by division	308
(B)(2) of section 3301.0710 and section 3301.0712 of the Revised	309
Code is implemented under rule of the state board adopted under	310
division (D)(1) of section 3301.0712 of the Revised Code.	311

(11) Administer the assessments prescribed by division (B)(2)	312
of section 3301.0710 and section 3301.0712 of the Revised Code in	313
accordance with the timeline and plan for implementation of those	314
assessments prescribed by rule of the state board adopted under	315
division (D)(1) of section 3301.0712 of the Revised Code.	316

(C)(1)(a) In the case of a student receiving special	317
education services under Chapter 3323. of the Revised Code, the	318
individualized education program developed for the student under	319
that chapter shall specify the manner in which the student will	320
participate in the assessments administered under this section.	321
The individualized education program may excuse the student from	322
taking any particular assessment required to be administered under	323
this section if it instead specifies an alternate assessment	324
method approved by the department of education as conforming to	325
requirements of federal law for receipt of federal funds for	326
disadvantaged pupils. To the extent possible, the individualized	327
education program shall not excuse the student from taking an	328
assessment unless no reasonable accommodation can be made to	329
enable the student to take the assessment.	330

(b) Any alternate assessment approved by the department for a	331
student under this division shall produce measurable results	332
comparable to those produced by the assessment it replaces in	333
order to allow for the student's results to be included in the	334
data compiled for a school district or building under section	335
3302.03 of the Revised Code.	336

(c) Any student enrolled in a chartered nonpublic school who	337
has been identified, based on an evaluation conducted in	338
accordance with section 3323.03 of the Revised Code or section 504	339
of the "Rehabilitation Act of 1973," 87 Stat. 355, 29 U.S.C.A.	340
794, as amended, as a child with a disability shall be excused	341
from taking any particular assessment required to be administered	342
under this section if a plan developed for the student pursuant to	343
rules adopted by the state board excuses the student from taking	344
that assessment. In the case of any student so excused from taking	345
an assessment, the chartered nonpublic school shall not prohibit	346
the student from taking the assessment.	347

(2) A district board may, for medical reasons or other good	348
cause, excuse a student from taking an assessment administered	349
under this section on the date scheduled, but that assessment	350
shall be administered to the excused student not later than nine	351
days following the scheduled date. The district board shall	352
annually report the number of students who have not taken one or	353
more of the assessments required by this section to the state	354
board of education not later than the thirtieth day of June.	355

(3) As used in this division, "limited English proficient	356
student" has the same meaning as in 20 U.S.C. 7801.	357

No school district board shall excuse any limited English	358
proficient student from taking any particular assessment required	359
to be administered under this section, except that any limited	360
English proficient student who has been enrolled in United States	361
schools for less than one full school year shall not be required	362
to take any reading, writing, or English language arts assessment.	363
However, no board shall prohibit a limited English proficient	364
student who is not required to take an assessment under this	365
division from taking the assessment. A board may permit any	366
limited English proficient student to take an assessment required	367
to be administered under this section with appropriate	368
accommodations, as determined by the department. For each limited	369
English proficient student, each school district shall annually	370
assess that student's progress in learning English, in accordance	371
with procedures approved by the department.	372

The governing authority of a chartered nonpublic school may	373
excuse a limited English proficient student from taking any	374
assessment administered under this section. However, no governing	375
authority shall prohibit a limited English proficient student from	376
taking the assessment.	377

(D)(1) In the school year next succeeding the school year in	378
which the assessments prescribed by division (A)(1) or (B)(1) of	379
section 3301.0710 of the Revised Code or former division (A)(1),	380
(A)(2), or (B) of section 3301.0710 of the Revised Code as it	381
existed prior to September 11, 2001, are administered to any	382
student, the board of education of any school district in which	383
the student is enrolled in that year shall provide to the student	384
intervention services commensurate with the student's performance,	385
including any intensive intervention required under section	386
3313.608 of the Revised Code, in any skill in which the student	387
failed to demonstrate at least a score at the proficient level on	388
the assessment.	389

(2) Following any administration of the assessments	390
prescribed by division (D) of section 3301.0710 of the Revised	391
Code to ninth grade students, each school district that has a	392
three-year average graduation rate of not more than seventy-five	393
per cent shall determine for each high school in the district	394
whether the school shall be required to provide intervention	395
services to any students who took the assessments. In determining	396
which high schools shall provide intervention services based on	397
the resources available, the district shall consider each school's	398
graduation rate and scores on the practice assessments. The	399
district also shall consider the scores received by ninth grade	400
students on the English language arts and mathematics assessments	401
prescribed under division (A)(1)(f) of section 3301.0710 of the	402
Revised Code in the eighth grade in determining which high schools	403
shall provide intervention services.	404

Each high school selected to provide intervention services	405
under this division shall provide intervention services to any	406
student whose results indicate that the student is failing to make	407
satisfactory progress toward being able to attain scores at the	408
proficient level on the Ohio graduation tests. Intervention	409
services shall be provided in any skill in which a student	410
demonstrates unsatisfactory progress and shall be commensurate	411
with the student's performance. Schools shall provide the	412
intervention services prior to the end of the school year, during	413
the summer following the ninth grade, in the next succeeding	414
school year, or at any combination of those times.	415

(E) Except as provided in section 3313.608 of the Revised	416
Code and division (M) of this section, no school district board of	417
education shall utilize any student's failure to attain a	418
specified score on an assessment administered under this section	419
as a factor in any decision to deny the student promotion to a	420
higher grade level. However, a district board may choose not to	421
promote to the next grade level any student who does not take an	422
assessment administered under this section or make up an	423
assessment as provided by division (C)(2) of this section and who	424
is not exempt from the requirement to take the assessment under	425
division (C)(3) of this section.	426

(F) No person shall be charged a fee for taking any	427
assessment administered under this section.	428

(G)(1) Each school district board shall designate one	429
location for the collection of assessments administered in the	430
spring under division (B)(1) of this section and those	431
administered under divisions (B)(2) to (7) of this section. Each	432
district board shall submit the assessments to the entity with	433
which the department contracts for the scoring of the assessments	434
as follows:	435

(a) If the district's total enrollment in grades kindergarten	436
through twelve during the first full school week of October was	437
less than two thousand five hundred, not later than the Friday	438
after all of the assessments have been administered;	439

(b) If the district's total enrollment in grades kindergarten	440
through twelve during the first full school week of October was	441
two thousand five hundred or more, but less than seven thousand,	442
not later than the Monday after all of the assessments have been	443
administered;	444

(c) If the district's total enrollment in grades kindergarten	445
through twelve during the first full school week of October was	446
seven thousand or more, not later than the Tuesday after all of	447
the assessments have been administered.	448

However, any assessment that a student takes during the	449
make-up period described in division (C)(2) of this section shall	450
be submitted not later than the Friday following the day the	451
student takes the assessment.	452

(2) The department or an entity with which the department	453
contracts for the scoring of the assessment shall send to each	454
school district board a list of the individual scores of all	455
persons taking an assessment prescribed by division (A)(1) or	456
(B)(1) of section 3301.0710 of the Revised Code within sixty days	457
after its administration, but in no case shall the scores be	458
returned later than the fifteenth day of June following the	459
administration. For assessments administered under this section by	460
a joint vocational school district, the department or entity shall	461
also send to each city, local, or exempted village school district	462
a list of the individual scores of any students of such city,	463
local, or exempted village school district who are attending	464
school in the joint vocational school district.	465

(H) Individual scores on any assessments administered under	466
this section shall be released by a district board only in	467
accordance with section 3319.321 of the Revised Code and the rules	468
adopted under division (A) of this section. No district board or	469
its employees shall utilize individual or aggregate results in any	470
manner that conflicts with rules for the ethical use of	471
assessments adopted pursuant to division (A) of this section.	472

(I) Except as provided in division (G) of this section, the	473
department or an entity with which the department contracts for	474
the scoring of the assessment shall not release any individual	475
scores on any assessment administered under this section. The	476
state board of education shall adopt rules to ensure the	477
protection of student confidentiality at all times. The rules may	478
require the use of the data verification codes assigned to	479
students pursuant to division (D)(2) of section 3301.0714 of the	480
Revised Code to protect the confidentiality of student scores.	481

(J) Notwithstanding division (D) of section 3311.52 of the	482
Revised Code, this section does not apply to the board of	483
education of any cooperative education school district except as	484
provided under rules adopted pursuant to this division.	485

(1) In accordance with rules that the state board of	486
education shall adopt, the board of education of any city,	487
exempted village, or local school district with territory in a	488
cooperative education school district established pursuant to	489
divisions (A) to (C) of section 3311.52 of the Revised Code may	490
enter into an agreement with the board of education of the	491
cooperative education school district for administering any	492
assessment prescribed under this section to students of the city,	493
exempted village, or local school district who are attending	494
school in the cooperative education school district.	495

(2) In accordance with rules that the state board of	496
education shall adopt, the board of education of any city,	497
exempted village, or local school district with territory in a	498
cooperative education school district established pursuant to	499
section 3311.521 of the Revised Code shall enter into an agreement	500
with the cooperative district that provides for the administration	501
of any assessment prescribed under this section to both of the	502
following:	503

(a) Students who are attending school in the cooperative	504
district and who, if the cooperative district were not	505
established, would be entitled to attend school in the city,	506
local, or exempted village school district pursuant to section	507
3313.64 or 3313.65 of the Revised Code;	508

(b) Persons described in division (B)(8)(b) of this section.

509

Any assessment of students pursuant to such an agreement	510
shall be in lieu of any assessment of such students or persons	511
pursuant to this section.	512

(K)(1) As a condition of compliance with section 3313.612 of	513
the Revised Code, each chartered nonpublic school that educates	514
students in grades nine through twelve shall administer the	515
assessments prescribed by divisions (B)(1) and (2) of section	516
3301.0710 of the Revised Code. Any chartered nonpublic school may	517
participate in the assessment program by administering any of the	518
assessments prescribed by division (A) of section 3301.0710 of the	519
Revised Code. The chief administrator of the school shall specify	520
which assessments the school will administer. Such specification	521
shall be made in writing to the superintendent of public	522
instruction prior to the first day of August of any school year in	523
which assessments are administered and shall include a pledge that	524
the nonpublic school will administer the specified assessments in	525
the same manner as public schools are required to do under this	526
section and rules adopted by the department.	527

(2) The department of education shall furnish the assessments	528
prescribed by section 3301.0710 or 3301.0712 of the Revised Code	529
to each chartered nonpublic school that participates under this	530
division.	531

(L)(1) The superintendent of the state school for the blind	532
and the superintendent of the state school for the deaf shall	533
administer the assessments described by sections 3301.0710 and	534
3301.0712 of the Revised Code. Each superintendent shall	535
administer the assessments in the same manner as district boards	536
are required to do under this section and rules adopted by the	537
department of education and in conformity with division (C)(1)(a)	538
of this section.	539

(2) The department of education shall furnish the assessments	540
described by sections 3301.0710 and 3301.0712 of the Revised Code	541
to each superintendent.	542

(M) Notwithstanding division (E) of this section, a school	543
district may use a student's failure to attain a score in at least	544
the proficient range on the mathematics assessment described by	545
division (A)(1)(a) of section 3301.0710 of the Revised Code or on	546
an assessment described by division (A)(1)(b), (c), (d), (e), or	547
(f) of section 3301.0710 of the Revised Code as a factor in	548
retaining that student in the current grade level.	549

(N)(1) In the manner specified in divisions (N)(3) and (4) of	550
this section, the assessments required by division (A)(1) of	551
section 3301.0710 of the Revised Code shall become public records	552
pursuant to section 149.43 of the Revised Code on the first day of	553
July following the school year that the assessments were	554
administered.	555

(2) The department may field test proposed questions with	556
samples of students to determine the validity, reliability, or	557
appropriateness of questions for possible inclusion in a future	558
year's assessment. The department also may use anchor questions on	559
assessments to ensure that different versions of the same	560
assessment are of comparable difficulty.	561

Field test questions and anchor questions shall not be	562
considered in computing scores for individual students. Field test	563
questions and anchor questions may be included as part of the	564
administration of any assessment required by division (A)(1) or	565
(B)(1) of section 3301.0710 of the Revised Code.	566

(3) Any field test question or anchor question administered	567
under division (N)(2) of this section shall not be a public	568
record. Such field test questions and anchor questions shall be	569
redacted from any assessments which are released as a public	570
record pursuant to division (N)(1) of this section.	571

(4) This division applies to the assessments prescribed by	572
division (A) of section 3301.0710 of the Revised Code.	573

(a) The first administration of each assessment, as specified	574
in former section 3301.0712 of the Revised Code, shall be a public	575
record.	576

(b) For subsequent administrations of each assessment prior	577
to the 2011-2012 school year, not less than forty per cent of the	578
questions on the assessment that are used to compute a student's	579
score shall be a public record. The department shall determine	580
which questions will be needed for reuse on a future assessment	581
and those questions shall not be public records and shall be	582
redacted from the assessment prior to its release as a public	583
record. However, for each redacted question, the department shall	584
inform each city, local, and exempted village school district of	585
the statewide academic standard adopted by the state board of	586
education under section 3301.079 of the Revised Code and the	587
corresponding benchmark to which the question relates. The	588
preceding sentence does not apply to field test questions that are	589
redacted under division (N)(3) of this section.	590

(c) The administrations of each assessment in the 2011-2012	591
school year and later shall not be a public record.	592

(5) Each assessment prescribed by division (B)(1) of section	593
3301.0710 of the Revised Code shall not be a public record.	594

(O) As used in this section:

595

(1) "Three-year average" means the average of the most recent	596
consecutive three school years of data.	597

(2) "Dropout" means a student who withdraws from school	598
before completing course requirements for graduation and who is	599
not enrolled in an education program approved by the state board	600
of education or an education program outside the state. "Dropout"	601
does not include a student who has departed the country.	602

(3) "Graduation rate" means the ratio of students receiving a	603
diploma to the number of students who entered ninth grade four	604
years earlier. Students who transfer into the district are added	605
to the calculation. Students who transfer out of the district for	606
reasons other than dropout are subtracted from the calculation. If	607
a student who was a dropout in any previous year returns to the	608
same school district, that student shall be entered into the	609
calculation as if the student had entered ninth grade four years	610
before the graduation year of the graduating class that the	611
student joins.	612

Sec. 3301.0712. (A) The state board of education, the	613
superintendent of public instruction, and the chancellor of the	614
Ohio board of regents shall develop a system of college and work	615
ready assessments as described in divisions (B)(1) and (2) of this	616
section to assess whether each student upon graduating from high	617
school is ready to enter college or the workforce. The system	618
shall replace the Ohio graduation tests prescribed in division	619
(B)(1) of section 3301.0710 of the Revised Code as a measure of	620
student academic performance and a prerequisite for eligibility	621
for a high school diploma in the manner prescribed by rule of the	622
state board adopted under division (D) of this section.	623

(B) The college and work ready assessment system shall	624
consist of the following:	625

(1) A nationally standardized assessment that measures	626
college and career readiness selected jointly by the state	627
superintendent and the chancellor.	628

(2) A series of end-of-course examinations in the areas of	629
science, mathematics, English language arts, and social studies	630
selected jointly by the state superintendent and the chancellor in	631
consultation with faculty in the appropriate subject areas at	632
institutions of higher education of the university system of Ohio.	633
For each subject area, the state superintendent and chancellor	634
shall select multiple assessments that school districts, public	635
schools, and chartered nonpublic schools may use as end-of-course	636
examinations. Those assessments shall include nationally	637
recognized subject area assessments, such as advanced placement	638
examinations, SAT subject tests, international baccalaureate	639
examinations, and other assessments of college and work readiness.	640

(C) ~~Not later than thirty days after the state board adopts~~	641
~~the model curricula required by division (B) of section 3301.079~~	642
~~of the Revised Code, the~~The state board shall convene a group of	643
national experts, state experts, and local practitioners to	644
provide advice, guidance, and recommendations for the alignment of	645
standards and model curricula to the assessments and in the design	646
of the end-of-course examinations prescribed by this section.	647

(D) Upon completion of the development of the assessment	648
system, the state board shall adopt rules prescribing all of the	649
following:	650

(1) A timeline and plan for implementation of the assessment	651
system, including a phased implementation if the state board	652
determines such a phase-in is warranted;	653

(2) The date after which a person entering ninth grade shall	654
meet the requirements of the entire assessment system as a	655
prerequisite for a high school diploma under section 3313.61,	656
3313.612, or 3325.08 of the Revised Code;	657

(3) The date after which a person shall meet the requirements	658
of the entire assessment system as a prerequisite for a diploma of	659
adult education under section 3313.611 of the Revised Code;	660

(4) Whether and the extent to which a person may be excused	661
from a social studies end-of-course examination under division (H)	662
of section 3313.61 and division (B)(2) of section 3313.612 of the	663
Revised Code;	664

(5) The date after which a person who has fulfilled the	665
curriculum requirement for a diploma but has not passed one or	666
more of the required assessments at the time the person fulfilled	667
the curriculum requirement shall meet the requirements of the	668
entire assessment system as a prerequisite for a high school	669
diploma under division (B) of section 3313.614 of the Revised	670
Code;	671

(6) The extent to which the assessment system applies to	672
students enrolled in a dropout recovery and prevention program for	673
purposes of division (F) of section 3313.603 ~~and section 3314.36~~	674
of the Revised Code.	675

No rule adopted under this division shall be effective	676
earlier than one year after the date the rule is filed in final	677
form pursuant to Chapter 119. of the Revised Code.	678

(E) Not later than forty-five days prior to the state board's	679
adoption of a resolution directing the department of education to	680
file the rules prescribed by division (D) of this section in final	681
form under section 119.04 of the Revised Code, the superintendent	682
of public instruction shall present the assessment system	683
developed under this section to the respective committees of the	684
house of representatives and senate that consider education	685
legislation.	686

Sec. 3301.0714. (A) The state board of education shall adopt	687
rules for a statewide education management information system. The	688
rules shall require the state board to establish guidelines for	689
the establishment and maintenance of the system in accordance with	690
this section and the rules adopted under this section. The	691
guidelines shall include:	692

(1) Standards identifying and defining the types of data in	693
the system in accordance with divisions (B) and (C) of this	694
section;	695

(2) Procedures for annually collecting and reporting the data	696
to the state board in accordance with division (D) of this	697
section;	698

(3) Procedures for annually compiling the data in accordance	699
with division (G) of this section;	700

(4) Procedures for annually reporting the data to the public	701
in accordance with division (H) of this section.	702

(B) The guidelines adopted under this section shall require	703
the data maintained in the education management information system	704
to include at least the following:	705

(1) Student participation and performance data, for each	706
grade in each school district as a whole and for each grade in	707
each school building in each school district, that includes:	708

(a) The numbers of students receiving each category of	709
instructional service offered by the school district, such as	710
regular education instruction, vocational education instruction,	711
specialized instruction programs or enrichment instruction that is	712
part of the educational curriculum, instruction for gifted	713
students, instruction for students with disabilities, and remedial	714
instruction. The guidelines shall require instructional services	715
under this division to be divided into discrete categories if an	716
instructional service is limited to a specific subject, a specific	717
type of student, or both, such as regular instructional services	718
in mathematics, remedial reading instructional services,	719
instructional services specifically for students gifted in	720
mathematics or some other subject area, or instructional services	721
for students with a specific type of disability. The categories of	722
instructional services required by the guidelines under this	723
division shall be the same as the categories of instructional	724
services used in determining cost units pursuant to division	725
(C)(3) of this section.	726

(b) The numbers of students receiving support or	727
extracurricular services for each of the support services or	728
extracurricular programs offered by the school district, such as	729
counseling services, health services, and extracurricular sports	730
and fine arts programs. The categories of services required by the	731
guidelines under this division shall be the same as the categories	732
of services used in determining cost units pursuant to division	733
(C)(4)(a) of this section.	734

(c) Average student grades in each subject in grades nine	735
through twelve;	736

(d) Academic achievement levels as assessed under sections	737
3301.0710, 3301.0711, and 3301.0712 of the Revised Code;	738

(e) The number of students designated as having a disabling	739
condition pursuant to division (C)(1) of section 3301.0711 of the	740
Revised Code;	741

(f) The numbers of students reported to the state board	742
pursuant to division (C)(2) of section 3301.0711 of the Revised	743
Code;	744

(g) Attendance rates and the average daily attendance for the	745
year. For purposes of this division, a student shall be counted as	746
present for any field trip that is approved by the school	747
administration.	748

(h) Expulsion rates;

749

(i) Suspension rates;

750

(j) Dropout rates;

751

(k) Rates of retention in grade;

752

(l) For pupils in grades nine through twelve, the average	753
number of carnegie units, as calculated in accordance with state	754
board of education rules;	755

(m) Graduation rates, to be calculated in a manner specified	756
by the department of education that reflects the rate at which	757
students who were in the ninth grade three years prior to the	758
current year complete school and that is consistent with	759
nationally accepted reporting requirements;	760

(n) Results of diagnostic assessments administered to	761
kindergarten students as required under section 3301.0715 of the	762
Revised Code to permit a comparison of the academic readiness of	763
kindergarten students. However, no district shall be required to	764
report to the department the results of any diagnostic assessment	765
administered to a kindergarten student if the parent of that	766
student requests the district not to report those results.	767

(2) Personnel and classroom enrollment data for each school	768
district, including:	769

(a) The total numbers of licensed employees and nonlicensed	770
employees and the numbers of full-time equivalent licensed	771
employees and nonlicensed employees providing each category of	772
instructional service, instructional support service, and	773
administrative support service used pursuant to division (C)(3) of	774
this section. The guidelines adopted under this section shall	775
require these categories of data to be maintained for the school	776
district as a whole and, wherever applicable, for each grade in	777
the school district as a whole, for each school building as a	778
whole, and for each grade in each school building.	779

(b) The total number of employees and the number of full-time	780
equivalent employees providing each category of service used	781
pursuant to divisions (C)(4)(a) and (b) of this section, and the	782
total numbers of licensed employees and nonlicensed employees and	783
the numbers of full-time equivalent licensed employees and	784
nonlicensed employees providing each category used pursuant to	785
division (C)(4)(c) of this section. The guidelines adopted under	786
this section shall require these categories of data to be	787
maintained for the school district as a whole and, wherever	788
applicable, for each grade in the school district as a whole, for	789
each school building as a whole, and for each grade in each school	790
building.	791

(c) The total number of regular classroom teachers teaching	792
classes of regular education and the average number of pupils	793
enrolled in each such class, in each of grades kindergarten	794
through five in the district as a whole and in each school	795
building in the school district.	796

(d) The number of lead teachers employed by each school	797
district and each school building.	798

(3)(a) Student demographic data for each school district,	799
including information regarding the gender ratio of the school	800
district's pupils, the racial make-up of the school district's	801
pupils, the number of limited English proficient students in the	802
district, and an appropriate measure of the number of the school	803
district's pupils who reside in economically disadvantaged	804
households. The demographic data shall be collected in a manner to	805
allow correlation with data collected under division (B)(1) of	806
this section. Categories for data collected pursuant to division	807
(B)(3) of this section shall conform, where appropriate, to	808
standard practices of agencies of the federal government.	809

(b) With respect to each student entering kindergarten,	810
whether the student previously participated in a public preschool	811
program, a private preschool program, or a head start program, and	812
the number of years the student participated in each of these	813
programs.	814

(4) Any data required to be collected pursuant to federal	815
law.	816

(C) The education management information system shall include	817
cost accounting data for each district as a whole and for each	818
school building in each school district. The guidelines adopted	819
under this section shall require the cost data for each school	820
district to be maintained in a system of mutually exclusive cost	821
units and shall require all of the costs of each school district	822
to be divided among the cost units. The guidelines shall require	823
the system of mutually exclusive cost units to include at least	824
the following:	825

(1) Administrative costs for the school district as a whole.	826
The guidelines shall require the cost units under this division	827
(C)(1) to be designed so that each of them may be compiled and	828
reported in terms of average expenditure per pupil in formula ADM	829
in the school district, as determined pursuant to section 3317.03	830
of the Revised Code.	831

(2) Administrative costs for each school building in the	832
school district. The guidelines shall require the cost units under	833
this division (C)(2) to be designed so that each of them may be	834
compiled and reported in terms of average expenditure per	835
full-time equivalent pupil receiving instructional or support	836
services in each building.	837

(3) Instructional services costs for each category of	838
instructional service provided directly to students and required	839
by guidelines adopted pursuant to division (B)(1)(a) of this	840
section. The guidelines shall require the cost units under	841
division (C)(3) of this section to be designed so that each of	842
them may be compiled and reported in terms of average expenditure	843
per pupil receiving the service in the school district as a whole	844
and average expenditure per pupil receiving the service in each	845
building in the school district and in terms of a total cost for	846
each category of service and, as a breakdown of the total cost, a	847
cost for each of the following components:	848

(a) The cost of each instructional services category required	849
by guidelines adopted under division (B)(1)(a) of this section	850
that is provided directly to students by a classroom teacher;	851

(b) The cost of the instructional support services, such as	852
services provided by a speech-language pathologist, classroom	853
aide, multimedia aide, or librarian, provided directly to students	854
in conjunction with each instructional services category;	855

(c) The cost of the administrative support services related	856
to each instructional services category, such as the cost of	857
personnel that develop the curriculum for the instructional	858
services category and the cost of personnel supervising or	859
coordinating the delivery of the instructional services category.	860

(4) Support or extracurricular services costs for each	861
category of service directly provided to students and required by	862
guidelines adopted pursuant to division (B)(1)(b) of this section.	863
The guidelines shall require the cost units under division (C)(4)	864
of this section to be designed so that each of them may be	865
compiled and reported in terms of average expenditure per pupil	866
receiving the service in the school district as a whole and	867
average expenditure per pupil receiving the service in each	868
building in the school district and in terms of a total cost for	869
each category of service and, as a breakdown of the total cost, a	870
cost for each of the following components:	871

(a) The cost of each support or extracurricular services	872
category required by guidelines adopted under division (B)(1)(b)	873
of this section that is provided directly to students by a	874
licensed employee, such as services provided by a guidance	875
counselor or any services provided by a licensed employee under a	876
supplemental contract;	877

(b) The cost of each such services category provided directly	878
to students by a nonlicensed employee, such as janitorial	879
services, cafeteria services, or services of a sports trainer;	880

(c) The cost of the administrative services related to each	881
services category in division (C)(4)(a) or (b) of this section,	882
such as the cost of any licensed or nonlicensed employees that	883
develop, supervise, coordinate, or otherwise are involved in	884
administering or aiding the delivery of each services category.	885

(D)(1) The guidelines adopted under this section shall	886
require school districts to collect information about individual	887
students, staff members, or both in connection with any data	888
required by division (B) or (C) of this section or other reporting	889
requirements established in the Revised Code. The guidelines may	890
also require school districts to report information about	891
individual staff members in connection with any data required by	892
division (B) or (C) of this section or other reporting	893
requirements established in the Revised Code. The guidelines shall	894
not authorize school districts to request social security numbers	895
of individual students. The guidelines shall prohibit the	896
reporting under this section of a student's name, address, and	897
social security number to the state board of education or the	898
department of education. The guidelines shall also prohibit the	899
reporting under this section of any personally identifiable	900
information about any student, except for the purpose of assigning	901
the data verification code required by division (D)(2) of this	902
section, to any other person unless such person is employed by the	903
school district or the information technology center operated	904
under section 3301.075 of the Revised Code and is authorized by	905
the district or technology center to have access to such	906
information or is employed by an entity with which the department	907
contracts for the scoring of assessments administered under	908
section 3301.0711 of the Revised Code. The guidelines may require	909
school districts to provide the social security numbers of	910
individual staff members.	911

(2)(a) The guidelines shall provide for each school district	912
or community school to assign a data verification code that is	913
unique on a statewide basis over time to each student whose	914
initial Ohio enrollment is in that district or school and to	915
report all required individual student data for that student	916
utilizing such code. The guidelines shall also provide for	917
assigning data verification codes to all students enrolled in	918
districts or community schools on the effective date of the	919
guidelines established under this section. The assignment of data	920
verification codes for other entities, as described in division	921
(D)(2)(c) of this section, the use of those codes, and the	922
reporting and use of associated individual student data shall be	923
coordinated by the department in accordance with state and federal	924
law.	925

~~Individual~~School districts shall report individual student	926
data ~~shall be reported~~ to the department through the information	927
technology centers utilizing the code ~~but, except~~. The entities	928
described in division (D)(2)(c) of this section shall report	929
individual student data to the department in the manner prescribed	930
by the department.	931

Except as provided in sections 3301.941, 3310.11, 3310.42,	932
3310.63, 3313.978, ~~3310.63,~~ and 3317.20 of the Revised Code, at	933
no time shall the state board or the department have access to	934
information that would enable any data verification code to be	935
matched to personally identifiable student data.	936

(b) Each school district and community school shall ensure	937
that the data verification code is included in the student's	938
records reported to any subsequent school district, community	939
school, or state institution of higher education, as defined in	940
section 3345.011 of the Revised Code, in which the student	941
enrolls. Any such subsequent district or school shall utilize the	942
same identifier in its reporting of data under this section.	943

(c) The director of any state agency that administers a	944
publicly funded program providing services to children who are	945
younger than compulsory school age, as defined in section 3321.01	946
of the Revised Code, including the directors of health, job and	947
family services, mental health, and developmental disabilities,	948
shall request and receive, pursuant to sections 3301.0723 and	949
3701.62 of the Revised Code, a data verification code for a child	950
who is receiving those services ~~under division (A)(2) of section~~	951
~~3701.61 of the Revised Code~~.	952

(E) The guidelines adopted under this section may require	953
school districts to collect and report data, information, or	954
reports other than that described in divisions (A), (B), and (C)	955
of this section for the purpose of complying with other reporting	956
requirements established in the Revised Code. The other data,	957
information, or reports may be maintained in the education	958
management information system but are not required to be compiled	959
as part of the profile formats required under division (G) of this	960
section or the annual statewide report required under division (H)	961
of this section.	962

(F) Beginning with the school year that begins July 1, 1991,	963
the board of education of each school district shall annually	964
collect and report to the state board, in accordance with the	965
guidelines established by the board, the data required pursuant to	966
this section. A school district may collect and report these data	967
notwithstanding section 2151.357 or 3319.321 of the Revised Code.	968

(G) The state board shall, in accordance with the procedures	969
it adopts, annually compile the data reported by each school	970
district pursuant to division (D) of this section. The state board	971
shall design formats for profiling each school district as a whole	972
and each school building within each district and shall compile	973
the data in accordance with these formats. These profile formats	974
shall:	975

(1) Include all of the data gathered under this section in a	976
manner that facilitates comparison among school districts and	977
among school buildings within each school district;	978

(2) Present the data on academic achievement levels as	979
assessed by the testing of student achievement maintained pursuant	980
to division (B)(1)(d) of this section.	981

(H)(1) The state board shall, in accordance with the	982
procedures it adopts, annually prepare a statewide report for all	983
school districts and the general public that includes the profile	984
of each of the school districts developed pursuant to division (G)	985
of this section. Copies of the report shall be sent to each school	986
district.	987

(2) The state board shall, in accordance with the procedures	988
it adopts, annually prepare an individual report for each school	989
district and the general public that includes the profiles of each	990
of the school buildings in that school district developed pursuant	991
to division (G) of this section. Copies of the report shall be	992
sent to the superintendent of the district and to each member of	993
the district board of education.	994

(3) Copies of the reports received from the state board under	995
divisions (H)(1) and (2) of this section shall be made available	996
to the general public at each school district's offices. Each	997
district board of education shall make copies of each report	998
available to any person upon request and payment of a reasonable	999
fee for the cost of reproducing the report. The board shall	1000
annually publish in a newspaper of general circulation in the	1001
school district, at least twice during the two weeks prior to the	1002
week in which the reports will first be available, a notice	1003
containing the address where the reports are available and the	1004
date on which the reports will be available.	1005

(I) Any data that is collected or maintained pursuant to this	1006
section and that identifies an individual pupil is not a public	1007
record for the purposes of section 149.43 of the Revised Code.	1008

(J) As used in this section:

1009

(1) "School district" means any city, local, exempted	1010
village, or joint vocational school district and, in accordance	1011
with section 3314.17 of the Revised Code, any community school. As	1012
used in division (L) of this section, "school district" also	1013
includes any educational service center or other educational	1014
entity required to submit data using the system established under	1015
this section.	1016

(2) "Cost" means any expenditure for operating expenses made	1017
by a school district excluding any expenditures for debt	1018
retirement except for payments made to any commercial lending	1019
institution for any loan approved pursuant to section 3313.483 of	1020
the Revised Code.	1021

(K) Any person who removes data from the information system	1022
established under this section for the purpose of releasing it to	1023
any person not entitled under law to have access to such	1024
information is subject to section 2913.42 of the Revised Code	1025
prohibiting tampering with data.	1026

(L)(1) In accordance with division (L)(2) of this section and	1027
the rules adopted under division (L)(10) of this section, the	1028
department of education may sanction any school district that	1029
reports incomplete or inaccurate data, reports data that does not	1030
conform to data requirements and descriptions published by the	1031
department, fails to report data in a timely manner, or otherwise	1032
does not make a good faith effort to report data as required by	1033
this section.	1034

(2) If the department decides to sanction a school district	1035
under this division, the department shall take the following	1036
sequential actions:	1037

(a) Notify the district in writing that the department has	1038
determined that data has not been reported as required under this	1039
section and require the district to review its data submission and	1040
submit corrected data by a deadline established by the department.	1041
The department also may require the district to develop a	1042
corrective action plan, which shall include provisions for the	1043
district to provide mandatory staff training on data reporting	1044
procedures.	1045

(b) Withhold up to ten per cent of the total amount of state	1046
funds due to the district for the current fiscal year and, if not	1047
previously required under division (L)(2)(a) of this section,	1048
require the district to develop a corrective action plan in	1049
accordance with that division;	1050

(c) Withhold an additional amount of up to twenty per cent of	1051
the total amount of state funds due to the district for the	1052
current fiscal year;	1053

(d) Direct department staff or an outside entity to	1054
investigate the district's data reporting practices and make	1055
recommendations for subsequent actions. The recommendations may	1056
include one or more of the following actions:	1057

(i) Arrange for an audit of the district's data reporting	1058
practices by department staff or an outside entity;	1059

(ii) Conduct a site visit and evaluation of the district;

1060

(iii) Withhold an additional amount of up to thirty per cent	1061
of the total amount of state funds due to the district for the	1062
current fiscal year;	1063

(iv) Continue monitoring the district's data reporting;

1064

(v) Assign department staff to supervise the district's data	1065
management system;	1066

(vi) Conduct an investigation to determine whether to suspend	1067
or revoke the license of any district employee in accordance with	1068
division (N) of this section;	1069

(vii) If the district is issued a report card under section	1070
3302.03 of the Revised Code, indicate on the report card that the	1071
district has been sanctioned for failing to report data as	1072
required by this section;	1073

(viii) If the district is issued a report card under section	1074
3302.03 of the Revised Code and incomplete or inaccurate data	1075
submitted by the district likely caused the district to receive a	1076
higher performance rating than it deserved under that section,	1077
issue a revised report card for the district;	1078

(ix) Any other action designed to correct the district's data	1079
reporting problems.	1080

(3) Any time the department takes an action against a school	1081
district under division (L)(2) of this section, the department	1082
shall make a report of the circumstances that prompted the action.	1083
The department shall send a copy of the report to the district	1084
superintendent or chief administrator and maintain a copy of the	1085
report in its files.	1086

(4) If any action taken under division (L)(2) of this section	1087
resolves a school district's data reporting problems to the	1088
department's satisfaction, the department shall not take any	1089
further actions described by that division. If the department	1090
withheld funds from the district under that division, the	1091
department may release those funds to the district, except that if	1092
the department withheld funding under division (L)(2)(c) of this	1093
section, the department shall not release the funds withheld under	1094
division (L)(2)(b) of this section and, if the department withheld	1095
funding under division (L)(2)(d) of this section, the department	1096
shall not release the funds withheld under division (L)(2)(b) or	1097
(c) of this section.	1098

(5) Notwithstanding anything in this section to the contrary,	1099
the department may use its own staff or an outside entity to	1100
conduct an audit of a school district's data reporting practices	1101
any time the department has reason to believe the district has not	1102
made a good faith effort to report data as required by this	1103
section. If any audit conducted by an outside entity under	1104
division (L)(2)(d)(i) or (5) of this section confirms that a	1105
district has not made a good faith effort to report data as	1106
required by this section, the district shall reimburse the	1107
department for the full cost of the audit. The department may	1108
withhold state funds due to the district for this purpose.	1109

(6) Prior to issuing a revised report card for a school	1110
district under division (L)(2)(d)(viii) of this section, the	1111
department may hold a hearing to provide the district with an	1112
opportunity to demonstrate that it made a good faith effort to	1113
report data as required by this section. The hearing shall be	1114
conducted by a referee appointed by the department. Based on the	1115
information provided in the hearing, the referee shall recommend	1116
whether the department should issue a revised report card for the	1117
district. If the referee affirms the department's contention that	1118
the district did not make a good faith effort to report data as	1119
required by this section, the district shall bear the full cost of	1120
conducting the hearing and of issuing any revised report card.	1121

(7) If the department determines that any inaccurate data	1122
reported under this section caused a school district to receive	1123
excess state funds in any fiscal year, the district shall	1124
reimburse the department an amount equal to the excess funds, in	1125
accordance with a payment schedule determined by the department.	1126
The department may withhold state funds due to the district for	1127
this purpose.	1128

(8) Any school district that has funds withheld under	1129
division (L)(2) of this section may appeal the withholding in	1130
accordance with Chapter 119. of the Revised Code.	1131

(9) In all cases of a disagreement between the department and	1132
a school district regarding the appropriateness of an action taken	1133
under division (L)(2) of this section, the burden of proof shall	1134
be on the district to demonstrate that it made a good faith effort	1135
to report data as required by this section.	1136

(10) The state board of education shall adopt rules under	1137
Chapter 119. of the Revised Code to implement division (L) of this	1138
section.	1139

(M) No information technology center or school district shall	1140
acquire, change, or update its student administration software	1141
package to manage and report data required to be reported to the	1142
department unless it converts to a student software package that	1143
is certified by the department.	1144

(N) The state board of education, in accordance with sections	1145
3319.31 and 3319.311 of the Revised Code, may suspend or revoke a	1146
license as defined under division (A) of section 3319.31 of the	1147
Revised Code that has been issued to any school district employee	1148
found to have willfully reported erroneous, inaccurate, or	1149
incomplete data to the education management information system.	1150

(O) No person shall release or maintain any information about	1151
any student in violation of this section. Whoever violates this	1152
division is guilty of a misdemeanor of the fourth degree.	1153

(P) The department shall disaggregate the data collected	1154
under division (B)(1)(n) of this section according to the race and	1155
socioeconomic status of the students assessed. No data collected	1156
under that division shall be included on the report cards required	1157
by section 3302.03 of the Revised Code.	1158

(Q) If the department cannot compile any of the information	1159
required by division (C)~~(5)~~(4) of section 3302.03 of the Revised	1160
Code based upon the data collected under this section, the	1161
department shall develop a plan and a reasonable timeline for the	1162
collection of any data necessary to comply with that division.	1163

Sec. 3301.0715. (A) Except as ~~provided in division (E) of~~	1164
~~this section~~otherwise required under division (B)(1) of section	1165
3313.608 of the Revised Code, the board of education of each city,	1166
local, and exempted village school district shall administer each	1167
applicable diagnostic assessment developed and provided to the	1168
district in accordance with section 3301.079 of the Revised Code	1169
to the following:	1170

(1) Each student enrolled in a building that has failed to	1171
make adequate yearly progress for two or more consecutive school	1172
years;	1173

(2) Any student who transfers into the district or to a	1174
different school within the district if each applicable diagnostic	1175
assessment was not administered by the district or school the	1176
student previously attended in the current school year, within	1177
thirty days after the date of transfer. If the district or school	1178
into which the student transfers cannot determine whether the	1179
student has taken any applicable diagnostic assessment in the	1180
current school year, the district or school may administer the	1181
diagnostic assessment to the student.	1182

(3) Each kindergarten student, not earlier than four weeks	1183
prior to the first day of school and not later than the first day	1184
of October. For the purpose of division (A)(3) of this section,	1185
the district shall administer the kindergarten readiness	1186
assessment provided by the department of education. In no case	1187
shall the results of the readiness assessment be used to prohibit	1188
a student from enrolling in kindergarten.	1189

(4) Each student enrolled in first or second grade.

1190

(B) Each district board shall administer each diagnostic	1191
assessment as the board deems appropriate, provided the	1192
administration complies with section 3313.608 of the Revised Code.	1193
However, the board shall administer any diagnostic assessment at	1194
least once annually to all students in the appropriate grade	1195
level. A district board may administer any diagnostic assessment	1196
in the fall and spring of a school year to measure the amount of	1197
academic growth attributable to the instruction received by	1198
students during that school year.	1199

(C) Each district board shall utilize and score any	1200
diagnostic assessment administered under division (A) of this	1201
section in accordance with rules established by the department.	1202
~~Except as required by division (B)(1)(n) of section 3301.0714 of~~	1203
~~the Revised Code, neither the state board of education nor the~~	1204
~~department shall require school districts to report the results of~~	1205
~~diagnostic assessments for any students to the department or to~~	1206
~~make any such results available in any form to the public.~~ After	1207
the administration of any diagnostic assessment, each district	1208
shall provide a student's completed diagnostic assessment, the	1209
results of such assessment, and any other accompanying documents	1210
used during the administration of the assessment to the parent of	1211
that student ~~upon the parent's request~~, and shall include all such	1212
documents and information in any plan developed for the student	1213
under division (C) of section 3313.608 of the Revised Code.	1214

(D) Each district board shall provide intervention services	1215
to students whose diagnostic assessments show that they are	1216
failing to make satisfactory progress toward attaining the	1217
academic standards for their grade level.	1218

(E) ~~Any district that made adequate yearly progress in the~~	1219
~~immediately preceding school year may assess student progress in~~	1220
~~grades one through three using a diagnostic assessment other than~~	1221
~~the diagnostic assessment required by division (A) of this~~	1222
~~section.~~	1223

~~(F) A district board may administer the third grade English~~	1224
~~language arts diagnostic assessment provided to the district in~~	1225
~~accordance with section 3301.079 of the Revised Code to any~~	1226
~~student enrolled in a building that is not subject to division~~	1227
~~(A)(1) of this section. Any district electing to administer the~~	1228
~~diagnostic assessment to students under this division shall~~	1229
~~provide intervention services to any such student whose diagnostic~~	1230
~~assessment shows unsatisfactory progress toward attaining the~~	1231
~~academic standards for the student's grade level.~~	1232

~~(G)~~ As used in this section, "adequate yearly progress" has	1233
the same meaning as in section 3302.01 of the Revised Code.	1234

Sec. 3301.0723. (A) The independent contractor engaged by	1235
the department of education to create and maintain for school	1236
districts and community schools the student data verification	1237
codes required by division (D)(2) of section 3301.0714 of the	1238
Revised Code ~~shall~~, upon request of the director of any state	1239
agency that administers a publicly funded program providing	1240
services to children who are younger than compulsory school age,	1241
as defined in section 3321.01 of the Revised Code, including the	1242
directors of health ~~under section 3701.62 of the Revised Code~~, job	1243
and family services, mental health, and developmental	1244
disabilities, shall assign a data verification code to a child who	1245
is receiving such services ~~under division (A)(2) of section~~	1246
~~3701.61 of the Revised Code. The contractor~~and shall provide that	1247
code to the director~~, who shall submit it, as specified in section~~	1248
~~3701.62 of the Revised Code, to the public school in which the~~	1249
~~child will be enrolled for special education and related services~~	1250
~~under Chapter 3323. of the Revised Code~~. The contractor also shall	1251
provide that code to the department of education.	1252

(B) The director of a state agency that receives a child's	1253
data verification code under division (A) of this section shall	1254
use that code to submit personally identifiable information for	1255
that child to the department of education in accordance with	1256
section 3301.0714 of the Revised Code.	1257

(C) A public school that receives afrom the independent	1258
contractor the data verification code for a child ~~from the~~	1259
~~director of health~~assigned under division (A) of this section	1260
shall not request or assign to that child another data	1261
verification code under division (D)(2) of section 3301.0714 of	1262
the Revised Code. That school and any other public school in which	1263
the child subsequently enrolls shall use the data verification	1264
code ~~provided by the director~~assigned under division (A) of this	1265
section to report data relative to that student ~~that is~~ required	1266
under section 3301.0714 of the Revised Code.	1267

Sec. 3301.52. As used in sections 3301.52 to 3301.59 of the	1268
Revised Code:	1269

(A) "Preschool program" means either of the following:

1270

(1) A child care program for preschool children that is	1271
operated by a school district board of education or an eligible	1272
nonpublic school.	1273

(2) A child care program for preschool children age three or	1274
older that is operated by a county DD board.	1275

(B) "Preschool child" or "child" means a child who has not	1276
entered kindergarten and is not of compulsory school age.	1277

(C) "Parent, guardian, or custodian" means the person or	1278
government agency that is or will be responsible for a child's	1279
school attendance under section 3321.01 of the Revised Code.	1280

(D) "Superintendent" means the superintendent of a school	1281
district or the chief administrative officer of an eligible	1282
nonpublic school.	1283

(E) "Director" means the director, head teacher, elementary	1284
principal, or site administrator who is the individual on site and	1285
responsible for supervision of a preschool program.	1286

(F) "Preschool staff member" means a preschool employee whose	1287
primary responsibility is care, teaching, or supervision of	1288
preschool children.	1289

(G) "Nonteaching employee" means a preschool program or	1290
school child program employee whose primary responsibilities are	1291
duties other than care, teaching, and supervision of preschool	1292
children or school children.	1293

(H) "Eligible nonpublic school" means a nonpublic school	1294
chartered as described in division (B)(8) of section 5104.02 of	1295
the Revised Code or chartered by the state board of education for	1296
any combination of grades one through twelve, regardless of	1297
whether it also offers kindergarten.	1298

(I) "County DD board" means a county board of developmental	1299
disabilities.	1300

(J) "School child program" means a child care program for	1301
only school children that is operated by a school district board	1302
of education, county DD board, or eligible nonpublic school.	1303

(K) "School child" ~~and "child care" have the same meanings as~~	1304
~~in section 5104.01 of the Revised Code~~means a child who is	1305
enrolled in or is eligible to be enrolled in a grade of	1306
kindergarten or above but is less than fifteen years old.	1307

(L) "School child program staff member" means an employee	1308
whose primary responsibility is the care, teaching, or supervision	1309
of children in a school child program.	1310

(M) "Child care" means administering to the needs of infants,	1311
toddlers, preschool children, and school children outside of	1312
school hours by persons other than their parents or guardians,	1313
custodians, or relatives by blood, marriage, or adoption for any	1314
part of the twenty-four-hour day in a place or residence other	1315
than a child's own home.	1316

(N) "Child day-care center," "publicly funded child care,"	1317
and "school-age child care center" have the same meanings as in	1318
section 5104.01 of the Revised Code.	1319

Sec. 3301.53. (A) The state board of education, in	1320
consultation with the director of job and family services, shall	1321
formulate and prescribe by rule adopted under Chapter 119. of the	1322
Revised Code minimum standards to be applied to preschool programs	1323
operated by school district boards of education, county DD boards,	1324
or eligible nonpublic schools. The rules shall include the	1325
following:	1326

(1) Standards ensuring that the preschool program is located	1327
in a safe and convenient facility that accommodates the enrollment	1328
of the program, is of the quality to support the growth and	1329
development of the children according to the program objectives,	1330
and meets the requirements of section 3301.55 of the Revised Code;	1331

(2) Standards ensuring that supervision, discipline, and	1332
programs will be administered according to established objectives	1333
and procedures;	1334

(3) Standards ensuring that preschool staff members and	1335
nonteaching employees are recruited, employed, assigned,	1336
evaluated, and provided inservice education without discrimination	1337
on the basis of age, color, national origin, race, or sex; and	1338
that preschool staff members and nonteaching employees are	1339
assigned responsibilities in accordance with written position	1340
descriptions commensurate with their training and experience;	1341

(4) A requirement that boards of education intending to	1342
establish a preschool program demonstrate a need for a preschool	1343
program prior to establishing the program;	1344

(5) Requirements that children participating in preschool	1345
programs have been immunized to the extent considered appropriate	1346
by the state board to prevent the spread of communicable disease;	1347

(6) Requirements that the parents of preschool children	1348
complete the emergency medical authorization form specified in	1349
section 3313.712 of the Revised Code.	1350

(B) The state board of education in consultation with the	1351
director of job and family services shall ensure that the rules	1352
adopted by the state board under sections 3301.52 to 3301.58 of	1353
the Revised Code are consistent with and meet or exceed the	1354
requirements of Chapter 5104. of the Revised Code with regard to	1355
child day-care centers. The state board and the director of job	1356
and family services shall review all such rules at least once	1357
every five years.	1358

(C) The state board of education, in consultation with the	1359
director of job and family services, shall adopt rules for school	1360
child programs that are consistent with and meet or exceed the	1361
requirements of the rules adopted for ~~school~~school-age child	1362
~~day-care~~care centers under Chapter 5104. of the Revised Code.	1363

Sec. 3301.58. (A) The department of education is responsible	1364
for the licensing of preschool programs and school child programs	1365
and for the enforcement of sections 3301.52 to 3301.59 of the	1366
Revised Code and of any rules adopted under those sections. No	1367
school district board of education, county DD board, or eligible	1368
nonpublic school shall operate, establish, manage, conduct, or	1369
maintain a preschool program without a license issued under this	1370
section. A school district board of education, county DD board, or	1371
eligible nonpublic school may obtain a license under this section	1372
for a school child program. The school district board of	1373
education, county DD board, or eligible nonpublic school shall	1374
post the ~~current~~ license for each preschool program and licensed	1375
school child program it operates, establishes, manages, conducts,	1376
or maintains in a conspicuous place in the preschool program or	1377
licensed school child program that is accessible to parents,	1378
custodians, or guardians and employees and staff members of the	1379
program at all times when the program is in operation.	1380

(B) Any school district board of education, county DD board,	1381
or eligible nonpublic school that desires to operate, establish,	1382
manage, conduct, or maintain a preschool program shall apply to	1383
the department of education for a license on a form that the	1384
department shall prescribe by rule. Any school district board of	1385
education, county DD board, or eligible nonpublic school that	1386
desires to obtain a license for a school child program shall apply	1387
to the department for a license on a form that the department	1388
shall prescribe by rule. The department shall provide at no charge	1389
to each applicant for a license under this section a copy of the	1390
requirements under sections 3301.52 to 3301.59 of the Revised Code	1391
and any rules adopted under those sections. ~~The department shall~~	1392
~~mail application forms for the renewal of a license at least one~~	1393
~~hundred twenty days prior to the date of the expiration of the~~	1394
~~license, and the application for renewal of a license shall be~~	1395
~~filed with the department at least sixty days before the date of~~	1396
~~the expiration of the existing license.~~ The department may	1397
establish application fees by rule adopted under Chapter 119. of	1398
the Revised Code, and all applicants for a license shall pay any	1399
fee established by the department at the time of making an	1400
application for a license. All fees collected pursuant to this	1401
section shall be paid into the state treasury to the credit of the	1402
general revenue fund.	1403

(C) Upon the filing of an application for a license, the	1404
department of education shall investigate and inspect the	1405
preschool program or school child program to determine the license	1406
capacity for each age category of children of the program and to	1407
determine whether the program complies with sections 3301.52 to	1408
3301.59 of the Revised Code and any rules adopted under those	1409
sections. When, after investigation and inspection, the department	1410
of education is satisfied that sections 3301.52 to 3301.59 of the	1411
Revised Code and any rules adopted under those sections are	1412
complied with by the applicant, the department of education shall	1413
issue the program a provisional license as soon as practicable in	1414
the form and manner prescribed by the rules of the department. The	1415
provisional license shall be valid for ~~six months~~one year from	1416
the date of issuance unless revoked.	1417

(D) The department of education shall investigate and inspect	1418
a preschool program or school child program that has been issued a	1419
provisional license at least once during operation under the	1420
provisional license. If, after the investigation and inspection,	1421
the department of education determines that the requirements of	1422
sections 3301.52 to 3301.59 of the Revised Code and any rules	1423
adopted under those sections are met by the provisional licensee,	1424
the department of education shall issue the program a license ~~that~~	1425
~~is effective for two years from the date of the issuance of the~~	1426
~~provisional license~~. The license shall remain valid unless revoked	1427
or the program ceases operations.	1428

(E) ~~Upon the filing of an application for the renewal of a~~	1429
~~license by a preschool program or school child program, the~~The	1430
department of education annually shall investigate and inspect ~~the~~	1431
each preschool program or school child program~~. If the department~~	1432
~~of education determines that~~licensed under division (D) of this	1433
section to determine if the requirements of sections 3301.52 to	1434
3301.59 of the Revised Code and any rules adopted under those	1435
sections are met by the ~~applicant, the department of education~~	1436
~~shall renew the license for two years from the date of the~~	1437
~~expiration date of the previous license~~program, and shall notify	1438
the program of the results.	1439

(F) The license or provisional license shall state the name	1440
of the school district board of education, county DD board, or	1441
eligible nonpublic school that operates the preschool program or	1442
school child program and the license capacity of the program. ~~The~~	1443
~~license shall include any other information required by section~~	1444
~~5104.03 of the Revised Code for the license of a child day-care~~	1445
~~center.~~	1446

(G) The department of education may revoke the license of any	1447
preschool program or school child program that is not in	1448
compliance with the requirements of sections 3301.52 to 3301.59 of	1449
the Revised Code and any rules adopted under those sections.	1450

(H) If the department of education revokes a license or	1451
~~refuses to renew a license to a program~~, the department shall not	1452
issue a license to the program within two years from the date of	1453
the revocation ~~or refusal~~. All actions of the department with	1454
respect to licensing preschool programs and school child programs	1455
shall be in accordance with Chapter 119. of the Revised Code.	1456

Sec. 3301.90. The governor shall create the early childhood	1457
advisory council in accordance with 42 U.S.C. 9837b(b)(1) and	1458
shall appoint one of its members to serve as chairperson of the	1459
council. The council shall serve as the state advisory council on	1460
early childhood education and care, as described in 42 U.S.C.	1461
9837b(b)(1). In addition to the duties specified in 42 U.S.C.	1462
9837b(b)(1), the council ~~shall advise the state regarding the~~	1463
~~creation and duties of the center for early childhood development~~	1464
~~and~~ shall promote family-centered programs and services that	1465
acknowledge and support the social, emotional, cognitive,	1466
intellectual, and physical development of children and the vital	1467
role of families in ensuring the well-being and success of	1468
children.	1469

Sec. 3301.941. As used in this section, "early childhood	1470
program" means any publicly funded program providing services to	1471
children younger than compulsory school age, as defined in section	1472
3321.01 of the Revised Code.	1473

Student level data records collected and maintained for	1474
purposes of administering early childhood programs shall be	1475
assigned a unique student data verification code in accordance	1476
with division (D)(2) of section 3301.0714 of the Revised Code and	1477
shall be included in the combined data repository authorized by	1478
section 3301.94 of the Revised Code. The department may require	1479
certain personally identifiable student data, including student	1480
names, to be reported to the department for purposes of	1481
administering early childhood programs but not be included in the	1482
combined data repository. The department and each school or center	1483
providing services through an early childhood program that	1484
receives a student level data record, a data verification code, or	1485
other personally identifiable information shall not release that	1486
record, code, or other information to any person except as	1487
provided by section 3319.321 of the Revised Code or the "Family	1488
Educational Rights and Privacy Act of 1974," 88 Stat. 571, 20	1489
U.S.C. 1232g. Any document relative to an early childhood program	1490
that the department holds in its files that contains a student's	1491
name, data verification code, or other personally identifiable	1492
information shall not be a public record under section 149.43 of	1493
the Revised Code.	1494

Any state agency that administers an early childhood program	1495
may use student data contained in the combined data repository to	1496
conduct research and analysis designed to evaluate the	1497
effectiveness of and investments in that program, in compliance	1498
with the Family Educational Rights and Privacy Act and regulations	1499
promulgated under that act.	1500

Sec. 3302.01. As used in this chapter:

1501

(A) "Performance index score" means the average of the totals	1502
derived from calculations for each subject area of English	1503
language arts, mathematics, science, and social studies of the	1504
weighted proportion of untested students and students scoring at	1505
each level of skill described in division (A)(2) of section	1506
3301.0710 of the Revised Code on the assessments prescribed by	1507
divisions (A) and (B)(1) of that section. The department of	1508
education shall assign weights such that students who do not take	1509
an assessment receive a weight of zero and students who take an	1510
assessment receive progressively larger weights dependent upon the	1511
level of skill attained on the assessment. ~~The department shall~~	1512
~~also determine the performance index score a school district or~~	1513
~~building needs to achieve for the purpose of the performance~~	1514
~~ratings assigned pursuant to section 3302.03 of the Revised Code.~~	1515

Students shall be included in the "performance index score"	1516
in accordance with division (D)(2) of section 3302.03 of the	1517
Revised Code.	1518

(B) "Subgroup" means a subset of the entire student	1519
population of the state, a school district, or a school building	1520
and includes each of the following:	1521

(1) Major racial and ethnic groups;

1522

(2) Students with disabilities;

1523

(3) Economically disadvantaged students;

1524

(4) Limited English proficient students.

1525

(C) "No Child Left Behind Act of 2001" includes the statutes	1526
codified at 20 U.S.C. 6301 et seq. and any amendments thereto,	1527
rules and regulations promulgated pursuant to those statutes,	1528
guidance documents, and any other policy directives regarding	1529
implementation of that act issued by the United States department	1530
of education.	1531

(D) "Adequate yearly progress" means a measure of annual	1532
academic performance as calculated in accordance with the "No	1533
Child Left Behind Act of 2001."	1534

(E) "Supplemental educational services" means additional	1535
academic assistance, such as tutoring, remediation, or other	1536
educational enrichment activities, that is conducted outside of	1537
the regular school day by a provider approved by the department in	1538
accordance with the "No Child Left Behind Act of 2001."	1539

(F) "Value-added progress dimension" means a measure of	1540
academic gain for a student or group of students over a specific	1541
period of time that is calculated by applying a statistical	1542
methodology to individual student achievement data derived from	1543
the achievement assessments prescribed by section 3301.0710 of the	1544
Revised Code. The "value-added progress dimension" shall be	1545
developed and implemented in accordance with section 3302.021 of	1546
the Revised Code.	1547

Sec. 3302.022. Not later than March 31, 2013, the state board	1548
of education shall adopt performance indicators for dropout	1549
prevention and recovery programs operated by school districts or	1550
community schools for the purposes of the report cards required	1551
under sections 3302.03 and 3314.012 of the Revised Code. The	1552
performance indicators shall measure all of the following:	1553

(A) The extent to which the district's or school's program	1554
meets each of the applicable performance indicators established	1555
under section 3302.02 of the Revised Code and the number of	1556
applicable performance indicators that have been achieved;	1557

(B) The performance index score of the district's or school's	1558
program;	1559

(C) Student academic growth in English language arts,	1560
mathematics, science, and social studies measured using nationally	1561
normed tests, the assessments prescribed by section 3301.0710 of	1562
the Revised Code, or other assessments approved by the department	1563
of education;	1564

(D) Graduation rate for both of the following student	1565
cohorts:	1566

(1) Percentage of students currently enrolled in a school who	1567
entered ninth grade for the first time five years prior to the	1568
current school year and earned a high school diploma by the	1569
completion of the current school year;	1570

(2) Percentage of students currently enrolled in a school who	1571
entered ninth grade for the first time six years prior to the	1572
current school year and earned a high school diploma by the	1573
completion of the current school year.	1574

Sec. 3302.03. (A) ~~Annually the department of education shall~~	1575
~~report for each school district and each school building in a~~	1576
~~district all of the following:~~	1577

~~(1) The extent to which the school district or building meets~~	1578
~~each of the applicable performance indicators created by the state~~	1579
~~board of education under section 3302.02 of the Revised Code and~~	1580
~~the number of applicable performance indicators that have been~~	1581
~~achieved;~~	1582

~~(2) The performance index score of the school district or~~	1583
~~building;~~	1584

~~(3) Whether the school district or building has made adequate~~	1585
~~yearly progress;~~	1586

~~(4) Whether the school district or building is excellent,~~	1587
~~effective, needs continuous improvement, is under an academic~~	1588
~~watch, or is in a state of academic emergency~~Beginning with the	1589
2011-2012 school year, the department of education annually shall	1590
assign a grade of overall academic performance for each city,	1591
local, and exempted village school district and each school	1592
building in a district. The letter grades assigned to a district	1593
or building, determined in accordance with division (B) of this	1594
section, shall be as follows:	1595

(1) "A" for a district or school making excellent progress;

1596

(2) "B" for a district or school making above average	1597
progress;	1598

(3) "C" for a district or school making satisfactory	1599
progress;	1600

(4) "D" for a district or school making less than	1601
satisfactory progress;	1602

(5) "F" for a district or school failing to make satisfactory	1603
progress.	1604

(B) ~~Except as otherwise provided in division (B)(6) of this~~	1605
~~section:~~	1606

~~(1) A school district or building shall be declared excellent~~	1607
~~if it meets at least ninety-four per cent of the applicable state~~	1608
~~performance indicators or has a performance index score~~	1609
~~established by the department, except that if it does not make~~	1610
~~adequate yearly progress for two or more of the same subgroups for~~	1611
~~three or more consecutive years, it shall be declared effective.~~	1612

~~(2) A school district or building shall be declared effective~~	1613
~~if it meets at least seventy-five per cent but less than~~	1614
~~ninety-four per cent of the applicable state performance~~	1615
~~indicators or has a performance index score established by the~~	1616
~~department, except that if it does not make adequate yearly~~	1617
~~progress for two or more of the same subgroups for three or more~~	1618
~~consecutive years, it shall be declared in need of continuous~~	1619
~~improvement.~~	1620

~~(3) A school district or building shall be declared to be in~~	1621
~~need of continuous improvement if it fulfills one of the following~~	1622
~~requirements:~~	1623

~~(a) It makes adequate yearly progress, meets less than~~	1624
~~seventy-five per cent of the applicable state performance~~	1625
~~indicators, and has a performance index score established by the~~	1626
~~department.~~	1627

~~(b) It does not make adequate yearly progress and either~~	1628
~~meets at least fifty per cent but less than seventy-five per cent~~	1629
~~of the applicable state performance indicators or has a~~	1630
~~performance index score established by the department.~~	1631

~~(4) A school district or building shall be declared to be~~	1632
~~under an academic watch if it does not make adequate yearly~~	1633
~~progress and either meets at least thirty-one per cent but less~~	1634
~~than fifty per cent of the applicable state performance indicators~~	1635
~~or has a performance index score established by the department.~~	1636

~~(5) A school district or building shall be declared to be in~~	1637
~~a state of academic emergency if it does not make adequate yearly~~	1638
~~progress, does not meet at least thirty-one per cent of the~~	1639
~~applicable state performance indicators, and has a performance~~	1640
~~index score established by the department.~~	1641

~~(6) Division (B)(6) of this section does not apply to any~~	1642
~~community school established under Chapter 3314. of the Revised~~	1643
~~Code in which a majority of the students are enrolled in a dropout~~	1644
~~prevention and recovery program.~~	1645

~~A school district or building shall not be assigned a higher~~	1646
~~performance rating than in need of continuous improvement if at~~	1647
~~least ten per cent but not more than fifteen per cent of the~~	1648
~~enrolled students do not take all achievement assessments~~	1649
~~prescribed for their grade level under division (A)(1) or (B)(1)~~	1650
~~of section 3301.0710 of the Revised Code from which they are not~~	1651
~~excused pursuant to division (C)(1) or (3) of section 3301.0711 of~~	1652
~~the Revised Code. A school district or building shall not be~~	1653
~~assigned a higher performance rating than under an academic watch~~	1654
~~if more than fifteen per cent but not more than twenty per cent of~~	1655
~~the enrolled students do not take all achievement assessments~~	1656
~~prescribed for their grade level under division (A)(1) or (B)(1)~~	1657
~~of section 3301.0710 of the Revised Code from which they are not~~	1658
~~excused pursuant to division (C)(1) or (3) of section 3301.0711 of~~	1659
~~the Revised Code. A school district or building shall not be~~	1660
~~assigned a higher performance rating than in a state of academic~~	1661
~~emergency if more than twenty per cent of the enrolled students do~~	1662
~~not take all achievement assessments prescribed for their grade~~	1663
~~level under division (A)(1) or (B)(1) of section 3301.0710 of the~~	1664
~~Revised Code from which they are not excused pursuant to division~~	1665
~~(C)(1) or (3) of section 3301.0711 of the Revised Code~~(1) Each	1666
school district and each building shall receive a grade of overall	1667
performance based on the combination of grades assigned pursuant	1668
to each of the following:	1669

(a) The extent to which the school district or building meets	1670
each of the applicable performance indicators created by the state	1671
board of education under section 3302.02 of the Revised Code and	1672
the percentage of applicable performance indicators that have been	1673
achieved. Grades shall be awarded as follows: (i) for ninety per	1674
cent or greater, the district or building shall receive an "A";	1675
(ii) for at least eighty per cent but less than ninety per cent,	1676
the district or building shall receive a "B"; (iii) for at least	1677
seventy per cent but less than eighty per cent, the district or	1678
building shall receive a "C"; (iv) for at least sixty per cent but	1679
less than seventy per cent, the district or building shall receive	1680
a "D"; and (v) for less than sixty per cent, the district or	1681
building shall receive an "F."	1682

(b) The performance index score of the school district or	1683
building. Grades shall be awarded as a percentage of the total	1684
possible points on the performance index system as created by the	1685
department. Grades shall be awarded as follows: (i) for ninety per	1686
cent or greater, the district or building shall receive an "A";	1687
(ii) for at least eighty per cent but less than ninety per cent,	1688
the district or building shall receive a "B"; (iii) for at least	1689
seventy per cent but less than eighty per cent, the district or	1690
building shall receive a "C"; (iv) for at least sixty per cent but	1691
less than seventy per cent, the district or building shall receive	1692
a "D"; and (v) for less than sixty per cent, the district or	1693
building shall receive an "F."	1694

(c) Whether the school district or building has made adequate	1695
yearly progress. A grade of "A," "B," "C," "D," or "F" shall be	1696
assigned to each district or building in accordance with a method	1697
prescribed by the department that takes into consideration the	1698
number of student subgroups assessed for adequate yearly progress	1699
and the manner in which the school or district achieves its	1700
adequate yearly progress goal for each subgroup.	1701

(d) The value-added progress dimension. A grade of "A," "B,"	1702
"C," "D," or "F" shall be assigned to each district or building in	1703
accordance with a method prescribed by the department that takes	1704
into consideration at least two years of value-added data, as	1705
available, for each school or district.	1706

(2) The department shall aggregate the letter grade assigned	1707
to a school district or building for each metric prescribed by	1708
division (B)(1) of this section on a multi-point scale of values	1709
for the letter grades prescribed by the department. The department	1710
shall compute an average value for each district or school from	1711
all of the values that apply to that district or school, and then	1712
shall assign a letter grade for overall performance in accordance	1713
with minimum values determined by the department for each rating	1714
category prescribed by division (A) of this section.	1715

(C)(1) The department shall issue annual report cards for	1716
each city, local, and exempted village school district, each	1717
building within each district, and for the state as a whole	1718
reflecting performance ~~on the indicators created by the state~~	1719
~~board under section 3302.02 of the Revised Code, the performance~~	1720
~~index score, and adequate yearly progress~~metrics and the scoring	1721
system described in divisions (A) and (B) of this section.	1722

(2) ~~The department shall include on the report card for each~~	1723
~~district information pertaining to any change from the previous~~	1724
~~year made by the school district or school buildings within the~~	1725
~~district on any performance indicator.~~	1726

~~(3)~~ When reporting data on student performance, the	1727
department shall disaggregate that data according to the following	1728
categories:	1729

(a) Performance of students by age group;

1730

(b) Performance of students by race and ethnic group;

1731

1732

(d) Performance of students grouped by those who have been	1733
enrolled in a district or school for three or more years;	1734

(e) Performance of students grouped by those who have been	1735
enrolled in a district or school for more than one year and less	1736
than three years;	1737

(f) Performance of students grouped by those who have been	1738
enrolled in a district or school for one year or less;	1739

(g) Performance of students grouped by those who are	1740
economically disadvantaged;	1741

(h) Performance of students grouped by those who are enrolled	1742
in a conversion community school established under Chapter 3314.	1743
of the Revised Code;	1744

(i) Performance of students grouped by those who are	1745
classified as limited English proficient;	1746

(j) Performance of students grouped by those who have	1747
disabilities;	1748

(k) Performance of students grouped by those who are	1749
classified as migrants;	1750

(l) Performance of students grouped by those who are	1751
identified as gifted pursuant to Chapter 3324. of the Revised	1752
Code.	1753

The department may disaggregate data on student performance	1754
according to other categories that the department determines are	1755
appropriate. To the extent possible, the department shall	1756
disaggregate data on student performance according to any	1757
combinations of two or more of the categories listed in divisions	1758
(C)~~(3)~~(2)(a) to (l) of this section that it deems relevant.	1759

In reporting data pursuant to division (C)~~(3)~~(2) of this	1760
section, the department shall not include in the report cards any	1761
data statistical in nature that is statistically unreliable or	1762
that could result in the identification of individual students.	1763
For this purpose, the department shall not report student	1764
performance data for any group identified in division (C)~~(3)~~(2) of	1765
this section that contains less than ten students.	1766

~~(4)~~(3) The department may include with the report cards any	1767
additional education and fiscal performance data it deems	1768
valuable.	1769

~~(5)~~(4) The department shall include on each report card a	1770
list of additional information collected by the department that is	1771
available regarding the district or building for which the report	1772
card is issued. When available, such additional information shall	1773
include student mobility data disaggregated by race and	1774
socioeconomic status, college enrollment data, and the reports	1775
prepared under section 3302.031 of the Revised Code.	1776

The department shall maintain a site on the world wide web.	1777
The report card shall include the address of the site and shall	1778
specify that such additional information is available to the	1779
public at that site. The department shall also provide a copy of	1780
each item on the list to the superintendent of each school	1781
district. The district superintendent shall provide a copy of any	1782
item on the list to anyone who requests it.	1783

~~(6)~~(5)(a) This division does not apply to conversion	1784
community schools that primarily enroll students between sixteen	1785
and twenty-two years of age who dropped out of high school or are	1786
at risk of dropping out of high school due to poor attendance,	1787
disciplinary problems, or suspensions.	1788

For any city, local, exempted village, or joint vocational	1789
school district that sponsors a conversion community school under	1790
Chapter 3314. of the Revised Code, the department shall combine	1791
data regarding the academic performance of students enrolled in	1792
the community school with comparable data from the schools of the	1793
district for the purpose of calculating the performance of the	1794
district as a whole on the report card issued for the district	1795
under this section or section 3302.033 of the Revised Code.	1796

(b) Any city, local, exempted village, or joint vocational	1797
school district that leases a building to a community school	1798
located in the district or that enters into an agreement with a	1799
community school located in the district whereby the district and	1800
the school endorse each other's programs may elect to have data	1801
regarding the academic performance of students enrolled in the	1802
community school combined with comparable data from the schools of	1803
the district for the purpose of calculating the performance of the	1804
district as a whole on the district report card. Any district that	1805
so elects shall annually file a copy of the lease or agreement	1806
with the department.	1807

~~(7)~~(6) The department shall include on each report card the	1808
percentage of teachers in the district or building who are highly	1809
qualified, as defined by the "No Child Left Behind Act of 2001,"	1810
and a comparison of that percentage with the percentages of such	1811
teachers in similar districts and buildings.	1812

~~(8)~~(7) The department shall include on the report card the	1813
number of lead teachers employed by each district and each	1814
building once the data is available from the education management	1815
information system established under section 3301.0714 of the	1816
Revised Code.	1817

(D)(1) In calculating English language arts, mathematics,	1818
social studies, or science assessment passage rates used to	1819
determine school district or building performance under this	1820
section, the department shall include all students taking an	1821
assessment with accommodation or to whom an alternate assessment	1822
is administered pursuant to division (C)(1) or (3) of section	1823
3301.0711 of the Revised Code.	1824

(2) In calculating performance index scores, rates of	1825
achievement on the performance indicators established by the state	1826
board under section 3302.02 of the Revised Code, and adequate	1827
yearly progress for school districts and buildings under this	1828
section, the department shall do all of the following:	1829

(a) Include for each district or building only those students	1830
who are included in the ADM certified for the first full school	1831
week of October and are continuously enrolled in the district or	1832
building through the time of the spring administration of any	1833
assessment prescribed by division (A)(1) or (B)(1) of section	1834
3301.0710 of the Revised Code that is administered to the	1835
student's grade level;	1836

(b) Include cumulative totals from both the fall and spring	1837
administrations of the third grade English language arts	1838
achievement assessment;	1839

(c) Except as required by the "No Child Left Behind Act of	1840
2001" for the calculation of adequate yearly progress, exclude for	1841
each district or building any limited English proficient student	1842
who has been enrolled in United States schools for less than one	1843
full school year.	1844

Sec. 3302.033. Not later than December 31, 2012, the state	1845
board of education, in consultation with the chancellor of the	1846
Ohio board of regents and any office within the office of the	1847
governor concerning workforce development, shall approve a report	1848
card for joint vocational school districts. The state board also	1849
shall submit by that date details of the approved report card to	1850
the governor, the speaker of the house of representatives, the	1851
president of the senate, and the chairpersons of the standing	1852
committees of the house of representatives and the senate	1853
principally responsible for education policy. The department of	1854
education annually shall issue a report card for each joint	1855
vocational school district, beginning with report cards for the	1856
2012-2013 school year to be published not later than September 1,	1857
2013.	1858

Sec. 3302.04. As used in divisions (A), (C), and (D) of this	1859
section, for the 2011-2012 school year and each school year	1860
thereafter, when a provision refers to a district or building in a	1861
state of academic emergency, it shall mean a district or building	1862
rated "F"; when a provision refers to a district or building under	1863
an academic watch, it shall mean a district or building rated "D";	1864
and when a provision refers to a district or building in need of	1865
continuous improvement, it shall mean a district or building rated	1866
"C" as those letter grade ratings for overall performance are	1867
assigned under section 3302.03 of the Revised Code, as it exists	1868
on or after the effective date of this amendment.	1869

(A) The department of education shall establish a system of	1870
intensive, ongoing support for the improvement of school districts	1871
and school buildings. In accordance with the model of	1872
differentiated accountability described in section 3302.041 of the	1873
Revised Code, the system shall give priority to districts and	1874
buildings that have been declared to be under an academic watch or	1875
in a state of academic emergency under section 3302.03 of the	1876
Revised Code and shall include services provided to districts and	1877
buildings through regional service providers, such as educational	1878
service centers.	1879

(B) This division does not apply to any school district after	1880
June 30, 2008.	1881

When a school district has been notified by the department	1882
pursuant to division (A) of section 3302.03 of the Revised Code	1883
that the district or a building within the district has failed to	1884
make adequate yearly progress for two consecutive school years,	1885
the district shall develop a three-year continuous improvement	1886
plan for the district or building containing each of the	1887
following:	1888

(1) An analysis of the reasons for the failure of the	1889
district or building to meet any of the applicable performance	1890
indicators established under section 3302.02 of the Revised Code	1891
that it did not meet and an analysis of the reasons for its	1892
failure to make adequate yearly progress;	1893

(2) Specific strategies that the district or building will	1894
use to address the problems in academic achievement identified in	1895
division (B)(1) of this section;	1896

(3) Identification of the resources that the district will	1897
allocate toward improving the academic achievement of the district	1898
or building;	1899

(4) A description of any progress that the district or	1900
building made in the preceding year toward improving its academic	1901
achievement;	1902

(5) An analysis of how the district is utilizing the	1903
professional development standards adopted by the state board	1904
pursuant to section 3319.61 of the Revised Code;	1905

(6) Strategies that the district or building will use to	1906
improve the cultural competency, as defined pursuant to section	1907
3319.61 of the Revised Code, of teachers and other educators.	1908

No three-year continuous improvement plan shall be developed	1909
or adopted pursuant to this division unless at least one public	1910
hearing is held within the affected school district or building	1911
concerning the final draft of the plan. Notice of the hearing	1912
shall be given two weeks prior to the hearing by publication in	1913
one newspaper of general circulation within the territory of the	1914
affected school district or building. Copies of the plan shall be	1915
made available to the public.	1916

(C) When a school district or building has been notified by	1917
the department pursuant to division (A) of section 3302.03 of the	1918
Revised Code that the district or building is under an academic	1919
watch or in a state of academic emergency, the district or	1920
building shall be subject to any rules establishing intervention	1921
in academic watch or emergency school districts or buildings.	1922

(D)(1) Within one hundred twenty days after any school	1923
district or building is declared to be in a state of academic	1924
emergency under section 3302.03 of the Revised Code, the	1925
department may initiate a site evaluation of the building or	1926
school district.	1927

(2) Division (D)(2) of this section does not apply to any	1928
school district after June 30, 2008.	1929

If any school district that is declared to be in a state of	1930
academic emergency or in a state of academic watch under section	1931
3302.03 of the Revised Code or encompasses a building that is	1932
declared to be in a state of academic emergency or in a state of	1933
academic watch fails to demonstrate to the department satisfactory	1934
improvement of the district or applicable buildings or fails to	1935
submit to the department any information required under rules	1936
established by the state board of education, prior to approving a	1937
three-year continuous improvement plan under rules established by	1938
the state board of education, the department shall conduct a site	1939
evaluation of the school district or applicable buildings to	1940
determine whether the school district is in compliance with	1941
minimum standards established by law or rule.	1942

(3) Site evaluations conducted under divisions (D)(1) and (2)	1943
of this section shall include, but not be limited to, the	1944
following:	1945

(a) Determining whether teachers are assigned to subject	1946
areas for which they are licensed or certified;	1947

(b) Determining pupil-teacher ratios;

1948

(c) Examination of compliance with minimum instruction time	1949
requirements for each school day and for each school year;	1950

(d) Determining whether materials and equipment necessary to	1951
implement the curriculum approved by the school district board are	1952
available;	1953

(e) Examination of whether the teacher and principal	1954
evaluation systems comply with sections 3319.02 and 3319.111 of	1955
the Revised Code;	1956

(f) Examination of the adequacy of efforts to improve the	1957
cultural competency, as defined pursuant to section 3319.61 of the	1958
Revised Code, of teachers and other educators.	1959

(E) This division applies only to school districts that	1960
operate a school building that fails to make adequate yearly	1961
progress for two or more consecutive school years. It does not	1962
apply to any such district after June 30, 2008, except as provided	1963
in division (D)(2) of section 3313.97 of the Revised Code.	1964

(1) For any school building that fails to make adequate	1965
yearly progress for two consecutive school years, the district	1966
shall do all of the following:	1967

(a) Provide written notification of the academic issues that	1968
resulted in the building's failure to make adequate yearly	1969
progress to the parent or guardian of each student enrolled in the	1970
building. The notification shall also describe the actions being	1971
taken by the district or building to improve the academic	1972
performance of the building and any progress achieved toward that	1973
goal in the immediately preceding school year.	1974

(b) If the building receives funds under Title 1, Part A of	1975
the "Elementary and Secondary Education Act of 1965," 20 U.S.C.	1976
6311 to 6339, from the district, in accordance with section	1977
3313.97 of the Revised Code, offer all students enrolled in the	1978
building the opportunity to enroll in an alternative building	1979
within the district that is not in school improvement status as	1980
defined by the "No Child Left Behind Act of 2001." Notwithstanding	1981
Chapter 3327. of the Revised Code, the district shall spend an	1982
amount equal to twenty per cent of the funds it receives under	1983
Title I, Part A of the "Elementary and Secondary Education Act of	1984
1965," 20 U.S.C. 6311 to 6339, to provide transportation for	1985
students who enroll in alternative buildings under this division,	1986
unless the district can satisfy all demand for transportation with	1987
a lesser amount. If an amount equal to twenty per cent of the	1988
funds the district receives under Title I, Part A of the	1989
"Elementary and Secondary Education Act of 1965," 20 U.S.C. 6311	1990
to 6339, is insufficient to satisfy all demand for transportation,	1991
the district shall grant priority over all other students to the	1992
lowest achieving students among the subgroup described in division	1993
(B)(3) of section 3302.01 of the Revised Code in providing	1994
transportation. Any district that does not receive funds under	1995
Title I, Part A of the "Elementary and Secondary Education Act of	1996
1965," 20 U.S.C. 6311 to 6339, shall not be required to provide	1997
transportation to any student who enrolls in an alternative	1998
building under this division.	1999

(2) For any school building that fails to make adequate	2000
yearly progress for three consecutive school years, the district	2001
shall do both of the following:	2002

(a) If the building receives funds under Title 1, Part A of	2003
the "Elementary and Secondary Education Act of 1965," 20 U.S.C.	2004
6311 to 6339, from the district, in accordance with section	2005
3313.97 of the Revised Code, provide all students enrolled in the	2006
building the opportunity to enroll in an alternative building	2007
within the district that is not in school improvement status as	2008
defined by the "No Child Left Behind Act of 2001." Notwithstanding	2009
Chapter 3327. of the Revised Code, the district shall provide	2010
transportation for students who enroll in alternative buildings	2011
under this division to the extent required under division (E)(2)	2012
of this section.	2013

(b) If the building receives funds under Title 1, Part A of	2014
the "Elementary and Secondary Education Act of 1965," 20 U.S.C.	2015
6311 to 6339, from the district, offer supplemental educational	2016
services to students who are enrolled in the building and who are	2017
in the subgroup described in division (B)(3) of section 3302.01 of	2018
the Revised Code.	2019

The district shall spend a combined total of an amount equal	2020
to twenty per cent of the funds it receives under Title I, Part A	2021
of the "Elementary and Secondary Education Act of 1965," 20 U.S.C.	2022
6311 to 6339, to provide transportation for students who enroll in	2023
alternative buildings under division (E)(1)(b) or (E)(2)(a) of	2024
this section and to pay the costs of the supplemental educational	2025
services provided to students under division (E)(2)(b) of this	2026
section, unless the district can satisfy all demand for	2027
transportation and pay the costs of supplemental educational	2028
services for those students who request them with a lesser amount.	2029
In allocating funds between the requirements of divisions	2030
(E)(1)(b) and (E)(2)(a) and (b) of this section, the district	2031
shall spend at least an amount equal to five per cent of the funds	2032
it receives under Title I, Part A of the "Elementary and Secondary	2033
Education Act of 1965," 20 U.S.C. 6311 to 6339, to provide	2034
transportation for students who enroll in alternative buildings	2035
under division (E)(1)(b) or (E)(2)(a) of this section, unless the	2036
district can satisfy all demand for transportation with a lesser	2037
amount, and at least an amount equal to five per cent of the funds	2038
it receives under Title I, Part A of the "Elementary and Secondary	2039
Education Act of 1965," 20 U.S.C. 6311 to 6339, to pay the costs	2040
of the supplemental educational services provided to students	2041
under division (E)(2)(b) of this section, unless the district can	2042
pay the costs of such services for all students requesting them	2043
with a lesser amount. If an amount equal to twenty per cent of the	2044
funds the district receives under Title I, Part A of the	2045
"Elementary and Secondary Education Act of 1965," 20 U.S.C. 6311	2046
to 6339, is insufficient to satisfy all demand for transportation	2047
under divisions (E)(1)(b) and (E)(2)(a) of this section and to pay	2048
the costs of all of the supplemental educational services provided	2049
to students under division (E)(2)(b) of this section, the district	2050
shall grant priority over all other students in providing	2051
transportation and in paying the costs of supplemental educational	2052
services to the lowest achieving students among the subgroup	2053
described in division (B)(3) of section 3302.01 of the Revised	2054
Code.	2055

Any district that does not receive funds under Title I, Part	2056
A of the "Elementary and Secondary Education Act of 1965," 20	2057
U.S.C. 6311 to 6339, shall not be required to provide	2058
transportation to any student who enrolls in an alternative	2059
building under division (E)(2)(a) of this section or to pay the	2060
costs of supplemental educational services provided to any student	2061
under division (E)(2)(b) of this section.	2062

No student who enrolls in an alternative building under	2063
division (E)(2)(a) of this section shall be eligible for	2064
supplemental educational services under division (E)(2)(b) of this	2065
section.	2066

(3) For any school building that fails to make adequate	2067
yearly progress for four consecutive school years, the district	2068
shall continue to comply with division (E)(2) of this section and	2069
shall implement at least one of the following options with respect	2070
to the building:	2071

(a) Institute a new curriculum that is consistent with the	2072
statewide academic standards adopted pursuant to division (A) of	2073
section 3301.079 of the Revised Code;	2074

(b) Decrease the degree of authority the building has to	2075
manage its internal operations;	2076

(c) Appoint an outside expert to make recommendations for	2077
improving the academic performance of the building. The district	2078
may request the department to establish a state intervention team	2079
for this purpose pursuant to division (G) of this section.	2080

(d) Extend the length of the school day or year;

2081

(e) Replace the building principal or other key personnel;

2082

(f) Reorganize the administrative structure of the building.

2083

(4) For any school building that fails to make adequate	2084
yearly progress for five consecutive school years, the district	2085
shall continue to comply with division (E)(2) of this section and	2086
shall develop a plan during the next succeeding school year to	2087
improve the academic performance of the building, which shall	2088
include at least one of the following options:	2089

(a) Reopen the school as a community school under Chapter	2090
3314. of the Revised Code;	2091

(b) Replace personnel;

2092

(c) Contract with a nonprofit or for-profit entity to operate	2093
the building;	2094

(d) Turn operation of the building over to the department;

2095

(e) Other significant restructuring of the building's	2096
governance.	2097

(5) For any school building that fails to make adequate	2098
yearly progress for six consecutive school years, the district	2099
shall continue to comply with division (E)(2) of this section and	2100
shall implement the plan developed pursuant to division (E)(4) of	2101
this section.	2102

(6) A district shall continue to comply with division	2103
(E)(1)(b) or (E)(2) of this section, whichever was most recently	2104
applicable, with respect to any building formerly subject to one	2105
of those divisions until the building makes adequate yearly	2106
progress for two consecutive school years.	2107

(F) This division applies only to school districts that have	2108
been identified for improvement by the department pursuant to the	2109
"No Child Left Behind Act of 2001." It does not apply to any such	2110
district after June 30, 2008.	2111

(1) If a school district has been identified for improvement	2112
for one school year, the district shall provide a written	2113
description of the continuous improvement plan developed by the	2114
district pursuant to division (B) of this section to the parent or	2115
guardian of each student enrolled in the district. If the district	2116
does not have a continuous improvement plan, the district shall	2117
develop such a plan in accordance with division (B) of this	2118
section and provide a written description of the plan to the	2119
parent or guardian of each student enrolled in the district.	2120

(2) If a school district has been identified for improvement	2121
for two consecutive school years, the district shall continue to	2122
implement the continuous improvement plan developed by the	2123
district pursuant to division (B) or (F)(1) of this section.	2124

(3) If a school district has been identified for improvement	2125
for three consecutive school years, the department shall take at	2126
least one of the following corrective actions with respect to the	2127
district:	2128

(a) Withhold a portion of the funds the district is entitled	2129
to receive under Title I, Part A of the "Elementary and Secondary	2130
Education Act of 1965," 20 U.S.C. 6311 to 6339;	2131

(b) Direct the district to replace key district personnel;

2132

(c) Institute a new curriculum that is consistent with the	2133
statewide academic standards adopted pursuant to division (A) of	2134
section 3301.079 of the Revised Code;	2135

(d) Establish alternative forms of governance for individual	2136
school buildings within the district;	2137

(e) Appoint a trustee to manage the district in place of the	2138
district superintendent and board of education.	2139

The department shall conduct individual audits of a sampling	2140
of districts subject to this division to determine compliance with	2141
the corrective actions taken by the department.	2142

(4) If a school district has been identified for improvement	2143
for four consecutive school years, the department shall continue	2144
to monitor implementation of the corrective action taken under	2145
division (F)(3) of this section with respect to the district.	2146

(5) If a school district has been identified for improvement	2147
for five consecutive school years, the department shall take at	2148
least one of the corrective actions identified in division (F)(3)	2149
of this section with respect to the district, provided that the	2150
corrective action the department takes is different from the	2151
corrective action previously taken under division (F)(3) of this	2152
section with respect to the district.	2153

(G) The department may establish a state intervention team to	2154
evaluate all aspects of a school district or building, including	2155
management, curriculum, instructional methods, resource	2156
allocation, and scheduling. Any such intervention team shall be	2157
appointed by the department and shall include teachers and	2158
administrators recognized as outstanding in their fields. The	2159
intervention team shall make recommendations regarding methods for	2160
improving the performance of the district or building.	2161

The department shall not approve a district's request for an	2162
intervention team under division (E)(3) of this section if the	2163
department cannot adequately fund the work of the team, unless the	2164
district agrees to pay for the expenses of the team.	2165

(H) The department shall conduct individual audits of a	2166
sampling of community schools established under Chapter 3314. of	2167
the Revised Code to determine compliance with this section.	2168

(I) The state board shall adopt rules for implementing this	2169
section.	2170

Sec. 3302.042. (A) This section shall operate as a pilot	2171
project that applies to any school that has been ranked according	2172
to performance index score under section 3302.21 of the Revised	2173
Code in the lowest five per cent of all public school buildings	2174
statewide for three or more consecutive school years and is	2175
operated by the Columbus city school district. The pilot project	2176
shall commence once the department of education establishes	2177
implementation guidelines for the pilot project in consultation	2178
with the Columbus city school district.	2179

(B) Except as provided in division (D), (E), or (F) of this	2180
section, if the parents or guardians of at least fifty per cent of	2181
the students enrolled in a school to which this section applies,	2182
or if the parents or guardians of at least fifty per cent of the	2183
total number of students enrolled in that school and the schools	2184
of lower grade levels whose students typically matriculate into	2185
that school, by the thirty-first day of December of any school	2186
year in which the school is subject to this section, sign and file	2187
with the school district treasurer a petition requesting the	2188
district board of education to implement one of the following	2189
reforms in the school, and if the validity and sufficiency of the	2190
petition is certified in accordance with division (C) of this	2191
section, the board shall implement the requested reform in the	2192
next school year:	2193

(1) Reopen the school as a community school under Chapter	2194
3314. of the Revised Code;	2195

(2) Replace at least seventy per cent of the school's	2196
personnel who are related to the school's poor academic	2197
performance or, at the request of the petitioners, retain not more	2198
than thirty per cent of the personnel;	2199

(3) Contract with another school district or a nonprofit or	2200
for-profit entity with a demonstrated record of effectiveness to	2201
operate the school;	2202

(4) Turn operation of the school over to the department;

2203

(5) Any other major restructuring of the school that makes	2204
fundamental reforms in the school's staffing or governance.	2205

(C) Not later than thirty days after receipt of a petition	2206
under division (B) of this section, the district treasurer shall	2207
verify the validity and sufficiency of the signatures on the	2208
petition and certify to the district board whether the petition	2209
contains the necessary number of valid signatures to require the	2210
board to implement the reform requested by the petitioners. If the	2211
treasurer certifies to the district board that the petition does	2212
not contain the necessary number of valid signatures, any person	2213
who signed the petition may file an appeal with the county auditor	2214
within ten days after the certification. Not later than thirty	2215
days after the filing of an appeal, the county auditor shall	2216
conduct an independent verification of the validity and	2217
sufficiency of the signatures on the petition and certify to the	2218
district board whether the petition contains the necessary number	2219
of valid signatures to require the board to implement the	2220
requested reform. If the treasurer or county auditor certifies	2221
that the petition contains the necessary number of valid	2222
signatures, the district board shall notify the superintendent of	2223
public instruction and the state board of education of the	2224
certification.	2225

(D) The district board shall not implement the reform	2226
requested by the petitioners in any of the following	2227
circumstances:	2228

(1) The district board has determined that the request is for	2229
reasons other than improving student academic achievement or	2230
student safety.	2231

(2) The state superintendent has determined that	2232
implementation of the requested reform would not comply with the	2233
model of differentiated accountability described in section	2234
3302.041 of the Revised Code.	2235

(3) The petitioners have requested the district board to	2236
implement the reform described in division (B)(4) of this section	2237
and the department has not agreed to take over the school's	2238
operation.	2239

(4) When all of the following have occurred:

2240

(a) After a public hearing on the matter, the district board	2241
issued a written statement explaining the reasons that it is	2242
unable to implement the requested reform and agreeing to implement	2243
one of the other reforms described in division (B) of this	2244
section.	2245

(b) The district board submitted its written statement to the	2246
state superintendent and the state board along with evidence	2247
showing how the alternative reform the district board has agreed	2248
to implement will enable the school to improve its academic	2249
performance.	2250

(c) Both the state superintendent and the state board have	2251
approved implementation of the alternative reform.	2252

(E) If the provisions of this section conflict in any way	2253
with the requirements of federal law, federal law shall prevail	2254
over the provisions of this section.	2255

(F) If a school is restructured under this section, section	2256
3302.10 or 3302.12 of the Revised Code, or federal law, the school	2257
shall not be required to restructure again under state law for	2258
three consecutive years after the implementation of that prior	2259
restructuring.	2260

(G) Beginning not later than six months after the first	2261
petition under this section has been resolved, the department of	2262
education shall annually evaluate the pilot program and submit a	2263
report to the general assembly under section 101.68 of the Revised	2264
Code. Such reports shall contain its recommendations to the	2265
general assembly with respect to the continuation of the pilot	2266
program, its expansion to other school districts, or the enactment	2267
of further legislation establishing the program statewide under	2268
permanent law.	2269

Sec. 3302.05. The state board of education shall adopt rules	2270
freeing school districts declared to be excellent ~~under division~~	2271
~~(B)(1)~~ or effective or rated "A" or "B" under ~~division (B)(2) of~~	2272
section 3302.03 of the Revised Code from specified state mandates.	2273
Any mandates included in the rules shall be only those statutes or	2274
rules pertaining to state education requirements. The rules shall	2275
not exempt districts from any operating standard adopted under	2276
division (D)(3) of section 3301.07 of the Revised Code.	2277

Sec. 3302.10. (A) Beginning July 1, 2007, the superintendent	2278
of public instruction shall establish an academic distress	2279
commission for each school district that has been declared to be	2280
in a state of academic emergency or has been rated "F" pursuant to	2281
section 3302.03 of the Revised Code and has failed to make	2282
adequate yearly progress for four or more consecutive school	2283
years. Each commission shall assist the district for which it was	2284
established in improving the district's academic performance.	2285

Each commission is a body both corporate and politic,	2286
constituting an agency and instrumentality of the state and	2287
performing essential governmental functions of the state. A	2288
commission shall be known as the "academic distress commission for	2289
............... (name of school district)," and, in that name, may	2290
exercise all authority vested in such a commission by this	2291
section. A separate commission shall be established for each	2292
school district to which this division applies.	2293

(B) Each academic distress commission shall consist of five	2294
voting members, three of whom shall be appointed by the	2295
superintendent of public instruction and two of whom shall be	2296
residents of the applicable school district appointed by the	2297
president of the district board of education. When a school	2298
district becomes subject to this section, the superintendent of	2299
public instruction shall provide written notification of that fact	2300
to the district board of education and shall request the president	2301
of the district board to submit to the superintendent of public	2302
instruction, in writing, the names of the president's appointees	2303
to the commission. The superintendent of public instruction and	2304
the president of the district board shall make appointments to the	2305
commission within thirty days after the district is notified that	2306
it is subject to this section.	2307

Members of the commission shall serve at the pleasure of	2308
their appointing authority during the life of the commission. In	2309
the event of the death, resignation, incapacity, removal, or	2310
ineligibility to serve of a member, the appointing authority shall	2311
appoint a successor within fifteen days after the vacancy occurs.	2312
Members shall serve without compensation, but shall be paid by the	2313
commission their necessary and actual expenses incurred while	2314
engaged in the business of the commission.	2315

(C) Immediately after appointment of the initial members of	2316
an academic distress commission, the superintendent of public	2317
instruction shall call the first meeting of the commission and	2318
shall cause written notice of the time, date, and place of that	2319
meeting to be given to each member of the commission at least	2320
forty-eight hours in advance of the meeting. The first meeting	2321
shall include an overview of the commission's roles and	2322
responsibilities, the requirements of section 2921.42 and Chapter	2323
102. of the Revised Code as they pertain to commission members,	2324
the requirements of section 121.22 of the Revised Code, and the	2325
provisions of division (F) of this section. At its first meeting,	2326
the commission shall adopt temporary bylaws in accordance with	2327
division (D) of this section to govern its operations until the	2328
adoption of permanent bylaws.	2329

The superintendent of public instruction shall designate a	2330
chairperson for the commission from among the members appointed by	2331
the superintendent. The chairperson shall call and conduct	2332
meetings, set meeting agendas, and serve as a liaison between the	2333
commission and the district board of education. The chairperson	2334
also shall appoint a secretary, who shall not be a member of the	2335
commission.	2336

The department of education shall provide administrative	2337
support for the commission, provide data requested by the	2338
commission, and inform the commission of available state resources	2339
that could assist the commission in its work.	2340

(D) Each academic distress commission may adopt and alter	2341
bylaws and rules, which shall not be subject to section 111.15 or	2342
Chapter 119. of the Revised Code, for the conduct of its affairs	2343
and for the manner, subject to this section, in which its powers	2344
and functions shall be exercised and embodied.	2345

(E) Three members of an academic distress commission	2346
constitute a quorum of the commission. The affirmative vote of	2347
three members of the commission is necessary for any action taken	2348
by vote of the commission. No vacancy in the membership of the	2349
commission shall impair the rights of a quorum by such vote to	2350
exercise all the rights and perform all the duties of the	2351
commission. Members of the commission are not disqualified from	2352
voting by reason of the functions of any other office they hold	2353
and are not disqualified from exercising the functions of the	2354
other office with respect to the school district, its officers, or	2355
the commission.	2356

(F) The members of an academic distress commission, the	2357
superintendent of public instruction, and any person authorized to	2358
act on behalf of or assist them shall not be personally liable or	2359
subject to any suit, judgment, or claim for damages resulting from	2360
the exercise of or failure to exercise the powers, duties, and	2361
functions granted to them in regard to their functioning under	2362
this section, but the commission, superintendent of public	2363
instruction, and such other persons shall be subject to mandamus	2364
proceedings to compel performance of their duties under this	2365
section.	2366

(G) Each member of an academic distress commission shall file	2367
the statement described in section 102.02 of the Revised Code with	2368
the Ohio ethics commission. The statement shall be confidential,	2369
subject to review, as described in division (B) of that section.	2370

(H) Meetings of each academic distress commission shall be	2371
subject to section 121.22 of the Revised Code.	2372

(I)(1) Within one hundred twenty days after the first meeting	2373
of an academic distress commission, the commission shall adopt an	2374
academic recovery plan to improve academic performance in the	2375
school district. The plan shall address academic problems at both	2376
the district and school levels. The plan shall include the	2377
following:	2378

(a) Short-term and long-term actions to be taken to improve	2379
the district's academic performance, including any actions	2380
required by section 3302.04 or 3302.041 of the Revised Code;	2381

(b) The sequence and timing of the actions described in	2382
division (I)(1)(a) of this section and the persons responsible for	2383
implementing the actions;	2384

(c) Resources that will be applied toward improvement	2385
efforts;	2386

(d) Procedures for monitoring and evaluating improvement	2387
efforts;	2388

(e) Requirements for reporting to the commission and the	2389
district board of education on the status of improvement efforts.	2390

(2) The commission may amend the academic recovery plan	2391
subsequent to adoption. The commission shall update the plan at	2392
least annually.	2393

(3) The commission shall submit the academic recovery plan it	2394
adopts or updates to the superintendent of public instruction for	2395
approval immediately following its adoption or updating. The	2396
superintendent shall evaluate the plan and either approve or	2397
disapprove it within thirty days after its submission. If the plan	2398
is disapproved, the superintendent shall recommend modifications	2399
that will render it acceptable. No academic distress commission	2400
shall implement an academic recovery plan unless the	2401
superintendent has approved it.	2402

(4) County, state, and school district officers and employees	2403
shall assist the commission diligently and promptly in the	2404
implementation of the academic recovery plan.	2405

(J) Each academic distress commission shall seek input from	2406
the district board of education regarding ways to improve the	2407
district's academic performance, but any decision of the	2408
commission related to any authority granted to the commission	2409
under this section shall be final.	2410

The commission may do any of the following:

2411

(1) Appoint school building administrators and reassign	2412
administrative personnel;	2413

(2) Terminate the contracts of administrators or	2414
administrative personnel. The commission shall not be required to	2415
comply with section 3319.16 of the Revised Code with respect to	2416
any contract terminated under this division.	2417

(3) Contract with a private entity to perform school or	2418
district management functions;	2419

(4) Establish a budget for the district and approve district	2420
appropriations and expenditures, unless a financial planning and	2421
supervision commission has been established for the district	2422
pursuant to section 3316.05 of the Revised Code.	2423

(K) If the board of education of a district for which an	2424
academic distress commission has been established under this	2425
section renews any collective bargaining agreement under Chapter	2426
4117. of the Revised Code during the existence of the commission,	2427
the district board shall not enter into any agreement that would	2428
render any decision of the commission unenforceable. Section	2429
3302.08 of the Revised Code does not apply to this division.	2430

Notwithstanding any provision to the contrary in Chapter	2431
4117. of the Revised Code, if the board of education has entered	2432
into a collective bargaining agreement after September 29, 2005,	2433
that contains stipulations relinquishing one or more of the rights	2434
or responsibilities listed in division (C) of section 4117.08 of	2435
the Revised Code, those stipulations are not enforceable and the	2436
district board shall resume holding those rights or	2437
responsibilities as if it had not relinquished them in that	2438
agreement until such time as both the academic distress commission	2439
ceases to exist and the district board agrees to relinquish those	2440
rights or responsibilities in a new collective bargaining	2441
agreement. The provisions of this paragraph apply to a collective	2442
bargaining agreement entered into after September 29, 2005, and	2443
those provisions are deemed to be part of that agreement	2444
regardless of whether the district satisfied the conditions	2445
prescribed in division (A) of this section at the time the	2446
district entered into that agreement.	2447

(L) An academic distress commission shall cease to exist when	2448
the district for which it was established receives a performance	2449
rating under section 3302.03 of the Revised Code of ~~in need of~~	2450
~~continuous improvement~~"C" or better for two of the three prior	2451
school years; however, the superintendent of public instruction	2452
may dissolve the commission earlier if the superintendent	2453
determines that the district can perform adequately without the	2454
supervision of the commission. Upon termination of the commission,	2455
the department of education shall compile a final report of the	2456
commission's activities to assist other academic distress	2457
commissions in the conduct of their functions.	2458

Sec. 3302.12. (A) ~~For~~Except as provided in divisions (C)	2459
and (D) of this section, for any school building that is ranked	2460
according to performance index score under section 3302.21 of the	2461
Revised Code in the lowest five per cent of all public school	2462
buildings statewide for three consecutive years and is declared to	2463
be under an academic watch or in a state of academic emergency or	2464
is rated "D" or "F" under section 3302.03 of the Revised Code, the	2465
district board of education shall do one of the following at the	2466
conclusion of the school year in which the building first becomes	2467
subject to this division:	2468

(1) Close the school and direct the district superintendent	2469
to reassign the students enrolled in the school to other school	2470
buildings that demonstrate higher academic achievement;	2471

(2) Contract with another school district or a nonprofit or	2472
for-profit entity with a demonstrated record of effectiveness to	2473
operate the school;	2474

(3) Replace the principal and all teaching staff of the	2475
school and, upon request from the new principal, exempt the school	2476
from all requested policies and regulations of the board regarding	2477
curriculum and instruction. The board also shall distribute	2478
funding to the school in an amount that is at least equal to the	2479
product of the per pupil amount of state and local revenues	2480
received by the district multiplied by the student population of	2481
the school.	2482

(4) Reopen the school as a conversion community school under	2483
Chapter 3314. of the Revised Code.	2484

(B) If an action taken by the board under division (A) of	2485
this section causes the district to no longer maintain all grades	2486
kindergarten through twelve, as required by section 3311.29 of the	2487
Revised Code, the board shall enter into a contract with another	2488
school district pursuant to section 3327.04 of the Revised Code	2489
for enrollment of students in the schools of that other district	2490
to the extent necessary to comply with the requirement of section	2491
3311.29 of the Revised Code. Notwithstanding any provision of the	2492
Revised Code to the contrary, if the board enters into and	2493
maintains a contract under section 3327.04 of the Revised Code,	2494
the district shall not be considered to have failed to comply with	2495
the requirement of section 3311.29 of the Revised Code. If,	2496
however, the district board fails to or is unable to enter into or	2497
maintain such a contract, the state board of education shall take	2498
all necessary actions to dissolve the district as provided in	2499
division (A) of section 3311.29 of the Revised Code.	2500

(C) If a particular school is required to restructure under	2501
this section and a petition with respect to that same school has	2502
been filed and verified under divisions (B) and (C) of section	2503
3302.042 of the Revised Code, the provisions of that section and	2504
the petition filed and verified under it shall prevail over the	2505
provisions of this section and the school shall be restructured	2506
under that section. However, if division (D)(1), (2), or (3) of	2507
section 3302.042 of the Revised Code also applies to the school,	2508
the school shall be subject to restructuring under this section	2509
and not section 3302.042 of the Revised Code.	2510

If the provisions of this section conflict in any way with	2511
the requirements of federal law, federal law shall prevail over	2512
the provisions of this section.	2513

(D) If a school is restructured under this section, section	2514
3302.042 or 3302.10 of the Revised Code, or federal law, the	2515
school shall not be required to restructure again under state law	2516
for three consecutive years after the implementation of that prior	2517
restructuring.	2518

Sec. 3302.20. (A) The department of education shall develop	2519
standards for determining, from the existing data reported in	2520
accordance with sections 3301.0714 and 3314.17 of the Revised	2521
Code, the amount of annual operating expenditures for classroom	2522
instructional purposes and for nonclassroom purposes for each	2523
city, exempted village, local, and joint vocational school	2524
district, each community school established under Chapter 3314.	2525
that is not an internet- or computer-based community school, each	2526
internet- or computer-based community school, and each STEM school	2527
established under Chapter 3326. of the Revised Code. Not later	2528
than January 1, ~~2012~~2013, the department shall present those	2529
standards to the state board of education for consideration. In	2530
developing the standards, the department shall adapt existing	2531
standards used by professional organizations, research	2532
organizations, and other state governments. The department also	2533
shall align the expenditure categories required for reporting	2534
under the standards with the categories that are required for	2535
reporting to the United States department of education under	2536
federal law.	2537

The state board shall consider the proposed standards and	2538
adopt a final set of standards not later than July 1, ~~2012~~2013.	2539

(B)(1) The department shall categorize all city, exempted	2540
village, and local school districts into not less than three nor	2541
more than five groups based primarily on average daily student	2542
enrollment as reported on the most recent report card issued for	2543
each district under section 3302.03 of the Revised Code.	2544

(2) The department shall categorize all joint vocational	2545
school districts into not less than three nor more than five	2546
groups based primarily on average daily membership as reported	2547
under division (D) of section 3317.03 of the Revised Code rounded	2548
to the nearest whole number.	2549

(3) The department shall categorize all community schools	2550
that are not internet- or computer-based community schools into	2551
not less than three nor more than five groups based primarily on	2552
average daily student enrollment as reported on the most recent	2553
report card issued for each community school under sections	2554
3302.03 and 3314.012 of the Revised Code.	2555

(4) The department shall categorize all internet- or	2556
computer-based community schools into a single category.	2557

(5) The department shall categorize all STEM schools into a	2558
single category.	2559

(C) Using the standards adopted under division (A) of this	2560
section and the data reported under sections 3301.0714 and 3314.17	2561
of the Revised Code, the department shall compute~~, for fiscal~~	2562
~~years 2008 through 2012, and~~ annually for each fiscal year	2563
~~thereafter~~, the following:	2564

(1) The percentage of each district's, community school's, or	2565
STEM school's total operating budget spent for classroom	2566
instructional purposes;	2567

(2) The statewide average percentage for all districts,	2568
community schools, and STEM schools combined spent for classroom	2569
instructional purposes;	2570

(3) The average percentage for each of the categories of	2571
districts and schools established under division (B) of this	2572
section spent for classroom instructional purposes;	2573

(4) The ranking of each district, community school, or STEM	2574
school within its respective category established under division	2575
(B) of this section according to the following:	2576

(a) From highest to lowest percentage spent for classroom	2577
instructional purposes;	2578

(b) From lowest to highest percentage spent for	2579
noninstructional purposes.	2580

(D) In its display of rankings within each category under	2581
division (C)(4) of this section, the department shall make the	2582
following notations:	2583

(1) Within each category of city, exempted village, and local	2584
school districts, the department shall denote each district that	2585
is:	2586

(a) Among the twenty per cent of all city, exempted village,	2587
and local school districts statewide with the lowest total	2588
operating expenditures per pupil;	2589

(b) Among the twenty per cent of all city, exempted village,	2590
and local school districts statewide with the highest performance	2591
index scores.	2592

(2) Within each category of joint vocational school	2593
districts, the department shall denote each district that is:	2594

(a) Among the twenty per cent of all joint vocational school	2595
districts statewide with the lowest total operating expenditures	2596
per pupil;	2597

(b) Among the twenty per cent of all joint vocational school	2598
districts statewide with the highest ~~performance measures required~~	2599
~~for career-technical education under 20 U.S.C. 2323, as ranked~~	2600
report card scores under ~~division (A)(3) of~~ section ~~3302.21~~	2601
3302.033 of the Revised Code.	2602

(3) Within each category of community schools that are not	2603
internet- or computer-based community schools, the department	2604
shall denote each school that is:	2605

(a) Among the twenty per cent of all such community schools	2606
statewide with the lowest total operating expenditures per pupil;	2607

(b) Among the twenty per cent of all such community schools	2608
statewide with the highest performance index scores.	2609

(4) Within the category of internet- or computer-based	2610
community schools, the department shall denote each school that	2611
is:	2612

(a) Among the twenty per cent of all such community schools	2613
statewide with the lowest total operating expenditures per pupil;	2614

(b) Among the twenty per cent of all such community schools	2615
statewide with the highest performance index scores.	2616

(5) Within the category of STEM schools, the department shall	2617
denote each school that is:	2618

(a) Among the twenty per cent of all STEM schools statewide	2619
with the lowest total operating expenditures per pupil;	2620

(b) Among the twenty per cent of all STEM schools statewide	2621
with the highest performance index scores.	2622

(E) The department shall post in a prominent location on its	2623
web site the information prescribed by divisions (C) and (D) of	2624
this section. The department also shall include on each	2625
district's, community school's, and STEM school's annual report	2626
card issued under section 3302.03 of the Revised Code the	2627
respective information computed for the district or school under	2628
divisions (C)(1) and (4) of this section, the statewide	2629
information computed under division (C)(2) of this section, and	2630
the information computed for the district's or school's category	2631
under division (C)(3) of this section.	2632

(F) As used in this section:

2633

(1) "Internet- or computer-based community school" has the	2634
same meaning as in section 3314.02 of the Revised Code.	2635

(2) A school district's, community school's, or STEM school's	2636
performance index score rank is its performance index score rank	2637
as computed under section 3302.21 of the Revised Code.	2638

Sec. 3302.21. (A) The department of education shall develop	2639
a system to rank order all city, exempted village, and local~~, and~~	2640
~~joint vocational~~ school districts, community schools established	2641
under Chapter 3314., and STEM schools established under Chapter	2642
3326. of the Revised Code according to the following measures:	2643

(1) Performance index score for each school district,	2644
community school, and STEM school and for each separate building	2645
of a district, community school, or STEM school. For districts,	2646
schools, or buildings to which the performance index score does	2647
not apply, the superintendent of public instruction shall develop	2648
another measure of student academic performance and use that	2649
measure to include those buildings in the ranking so that all	2650
districts, schools, and buildings may be reliably compared to each	2651
other.	2652

(2) Student performance growth from year to year, using the	2653
value-added progress dimension, if applicable, and other measures	2654
of student performance growth designated by the superintendent of	2655
public instruction for subjects and grades not covered by the	2656
value-added progress dimension;	2657

(3) ~~Performance measures required for career-technical~~	2658
~~education under 20 U.S.C. 2323, if applicable. If a school~~	2659
~~district is a "VEPD" or "lead district" as those terms are defined~~	2660
~~in section 3317.023 of the Revised Code, the district's ranking~~	2661
~~shall be based on the performance of career-technical students~~	2662
~~from that district and all other districts served by that~~	2663
~~district, and such fact, including the identity of the other~~	2664
~~districts served by that district, shall be noted on the report~~	2665
~~required by division (B) of this section.~~	2666

~~(4)~~ Current operating expenditures per pupil as determined	2667
under standards adopted by the state board of education under	2668
section 3302.20 of the Revised Code;	2669

~~(5)~~(4) Of total current operating expenditures, percentage	2670
spent for classroom instruction as determined under standards	2671
adopted by the state board ~~of education~~under section 3302.20 of	2672
the Revised Code;	2673

~~(6)~~(5) Performance of, and opportunities provided to,	2674
students identified as gifted using value-added progress	2675
dimensions, if applicable, and other relevant measures as	2676
designated by the superintendent of public instruction.	2677

The department shall rank each district, community school,	2678
and STEM school annually in accordance with the system developed	2679
under this section.	2680

(B) In addition to the reports required by sections 3302.03	2681
and 3302.031 of the Revised Code, not later than the first day of	2682
September each year, the department shall issue a report for each	2683
city, exempted village, and local~~, and joint vocational~~ school	2684
district, each community school, and each STEM school indicating	2685
the district's or school's rank on each measure described in	2686
divisions (A)(1) to ~~(5)~~(4) of this section, including each	2687
separate building's rank among all public school buildings	2688
according to performance index score under division (A)(1) of this	2689
section.	2690

Sec. 3302.25. (A) In accordance with standards prescribed by	2691
the state board of education for categorization of school district	2692
expenditures adopted under division (A) of section 3302.20 of the	2693
Revised Code, the department of education annually shall determine	2694
all of the following for the previous fiscal year:	2695

(1) For each school district, the ratio of the district's	2696
operating expenditures for classroom instructional purposes	2697
compared to its operating expenditures for ~~administrative~~	2698
nonclassroom purposes;	2699

(2) For each school district, the per pupil amount of the	2700
district's expenditures for classroom instructional purposes;	2701

(3) For each school district, the per pupil amount of the	2702
district's operating expenditures for ~~administrative~~nonclassroom	2703
purposes;	2704

(4) For each school district, the percentage of the	2705
district's operating expenditures attributable to school district	2706
funds;	2707

(5) The statewide average among all school districts for each	2708
of the items described in divisions (A)(1) to (4) of this section.	2709

(B) The department annually shall submit a report to each	2710
school district indicating the district's information for each of	2711
the items described in divisions (A)(1) to (4) of this section and	2712
the statewide averages described in division (A)(5) of this	2713
section.	2714

(C) Each school district, upon receipt of the report	2715
prescribed by division (B) of this section, shall publish the	2716
information contained in that report in a prominent location on	2717
the district's web site and publish the report in another fashion	2718
so that it is available to all parents of students enrolled in the	2719
district and to taxpayers of the district.	2720

Sec. 3302.41. As used in this section, "blended learning"	2721
has the same meaning as in section 3301.079 of the Revised Code.	2722

(A) Any local, city, exempted village, or joint vocational	2723
school district, community school established under Chapter 3314.	2724
of the Revised Code, STEM school established under Chapter 3326.	2725
of the Revised Code, or college-preparatory boarding school	2726
established under Chapter 3328. of the Revised Code may operate	2727
all or part of a school using a blended learning model. If a	2728
school is operated using a blended learning model or is to cease	2729
operating using a blended learning model, the superintendent of	2730
the school or district or director of the school shall notify the	2731
department of education of that fact not later than the first day	2732
of July of the school year for which the change is effective. If	2733
any school is already operated using a blended learning model on	2734
the effective date of this section, the superintendent of the	2735
school or district may notify the department within ninety days	2736
after the effective date of this section of that fact and request	2737
that the school be classified as a blended learning school.	2738

(B) The state board of education shall adopt standards for	2739
the operation of blended learning classrooms under this section	2740
that provide for all of the following:	2741

(1) Student-to-teacher ratios whereby no school or classroom	2742
is required to have more than one teacher for every one hundred	2743
twenty-five students in blended learning classrooms;	2744

(2) The extent to which the school is or is not obligated to	2745
provide students with access to digital learning tools;	2746

(3) The ability of all students, at any grade level, to earn	2747
credits or advance grade levels upon demonstrating mastery of	2748
knowledge or skills through competency-based learning models.	2749
Credits or grade level advancement shall not be based on a minimum	2750
number of days or hours in a classroom.	2751

(4) An exemption from minimum school year or school day	2752
requirements in sections 3313.48 and 3313.481 of the Revised Code;	2753

(5) Adequate provisions for: the licensing of teachers,	2754
administrators, and other professional personnel and their	2755
assignment according to training and qualifications; efficient and	2756
effective instructional materials and equipment, including library	2757
facilities; the proper organization, administration, and	2758
supervision of each school, including regulations for preparing	2759
all necessary records and reports and the preparation of a	2760
statement of policies and objectives for each school; buildings,	2761
grounds, and health and sanitary facilities and services;	2762
admission of pupils, and such requirements for their promotion	2763
from grade to grade as will ensure that they are capable and	2764
prepared for the level of study to which they are certified;	2765
requirements for graduation; and such other factors as the board	2766
finds necessary.	2767

(C) An internet- or computer-based community school, as	2768
defined in section 3314.02 of the Revised Code, is not a blended	2769
learning school authorized under this section. Nor does this	2770
section affect any provisions for the operation of and payments to	2771
an internet- or computer-based community school prescribed in	2772
Chapter 3314. of the Revised Code.	2773

Sec. 3310.03. A student is an "eligible student" for	2774
purposes of the educational choice scholarship pilot program if	2775
the student's resident district is not a school district in which	2776
the pilot project scholarship program is operating under sections	2777
3313.974 to 3313.979 of the Revised Code and the student satisfies	2778
one of the conditions in division (A) or (B) of this section:	2779

(A)(1) The student is enrolled in a school building that is	2780
operated by the student's resident district and to which both of	2781
the following apply:	2782

(a) ~~The building was declared, in~~In at least two of the	2783
three most recent ratings of school buildings published prior to	2784
the first day of July of the school year for which a scholarship	2785
is sought, the building was declared to be in a state of academic	2786
emergency or academic watch or was rated "F" or "D" under section	2787
3302.03 of the Revised Code;	2788

(b) The building was not declared to be excellent or	2789
effective or was not rated "A" or "B" under that section in the	2790
most recent rating published prior to the first day of July of the	2791
school year for which a scholarship is sought.	2792

(2) The student is eligible to enroll in kindergarten in the	2793
school year for which a scholarship is sought and otherwise would	2794
be assigned under section 3319.01 of the Revised Code to a school	2795
building described in division (A)(1) of this section.	2796

(3) The student is enrolled in a community school established	2797
under Chapter 3314. of the Revised Code but otherwise would be	2798
assigned under section 3319.01 of the Revised Code to a building	2799
described in division (A)(1) of this section.	2800

(4) The student is enrolled in a school building that is	2801
operated by the student's resident district or in a community	2802
school established under Chapter 3314. of the Revised Code and	2803
otherwise would be assigned under section 3319.01 of the Revised	2804
Code to a school building described in division (A)(1) of this	2805
section in the school year for which the scholarship is sought.	2806

(5) The student is eligible to enroll in kindergarten in the	2807
school year for which a scholarship is sought, or is enrolled in a	2808
community school established under Chapter 3314. of the Revised	2809
Code, and all of the following apply to the student's resident	2810
district:	2811

(a) The district has in force an intradistrict open	2812
enrollment policy under which no student in kindergarten or the	2813
community school student's grade level, respectively, is	2814
automatically assigned to a particular school building;	2815

(b) In at least two of the three most recent ratings of	2816
school districts published prior to the first day of July of the	2817
school year for which a scholarship is sought, the district was	2818
declared to be in a state of academic emergency or was rated "F"	2819
under section 3302.03 of the Revised Code;	2820

(c) The district was not declared to be excellent or	2821
effective or was not rated "A" or "B" under that section in the	2822
most recent rating published prior to the first day of July of the	2823
school year for which a scholarship is sought.	2824

(B)(1) The student is enrolled in a school building that is	2825
operated by the student's resident district and to which both of	2826
the following apply:	2827

(a) The building was ranked, for at least two of the three	2828
most recent rankings published under section 3302.21 of the	2829
Revised Code prior to the first day of July of the school year for	2830
which a scholarship is sought, in the lowest ten per cent of all	2831
public school buildings according to performance index score under	2832
section 3302.21 of the Revised Code.	2833

(b) The building was not declared to be excellent or	2834
effective or was not rated "A" or "B" under section 3302.03 of the	2835
Revised Code in the most recent rating published prior to the	2836
first day of July of the school year for which a scholarship is	2837
sought.	2838

(2) The student is eligible to enroll in kindergarten in the	2839
school year for which a scholarship is sought and otherwise would	2840
be assigned under section 3319.01 of the Revised Code to a school	2841
building described in division (B)(1) of this section.	2842

(3) The student is enrolled in a community school established	2843
under Chapter 3314. of the Revised Code but otherwise would be	2844
assigned under section 3319.01 of the Revised Code to a building	2845
described in division (B)(1) of this section.	2846

(4) The student is enrolled in a school building that is	2847
operated by the student's resident district or in a community	2848
school established under Chapter 3314. of the Revised Code and	2849
otherwise would be assigned under section 3319.01 of the Revised	2850
Code to a school building described in division (B)(1) of this	2851
section in the school year for which the scholarship is sought.	2852

(C) A student who receives a scholarship under the	2853
educational choice scholarship pilot program remains an eligible	2854
student and may continue to receive scholarships in subsequent	2855
school years until the student completes grade twelve, so long as	2856
all of the following apply:	2857

(1) The student's resident district remains the same, or the	2858
student transfers to a new resident district and otherwise would	2859
be assigned in the new resident district to a school building	2860
described in division (A)(1) or (B)(1) of this section;	2861

(2) The student takes each assessment prescribed for the	2862
student's grade level under section 3301.0710 or 3301.0712 of the	2863
Revised Code while enrolled in a chartered nonpublic school;	2864

(3) In each school year that the student is enrolled in a	2865
chartered nonpublic school, the student is absent from school for	2866
not more than twenty days that the school is open for instruction,	2867
not including excused absences.	2868

(D)(1) The department shall cease awarding first-time	2869
scholarships pursuant to divisions (A)(1) to (4) of this section	2870
with respect to a school building that, in the most recent ratings	2871
of school buildings published under section 3302.03 of the Revised	2872
Code prior to the first day of July of the school year, ceases to	2873
meet the criteria in division (A)(1) of this section. The	2874
department shall cease awarding first-time scholarships pursuant	2875
to division (A)(5) of this section with respect to a school	2876
district that, in the most recent ratings of school districts	2877
published under section 3302.03 of the Revised Code prior to the	2878
first day of July of the school year, ceases to meet the criteria	2879
in division (A)(5) of this section.	2880

(2) The department shall cease awarding first-time	2881
scholarships pursuant to divisions (B)(1) to (4) of this section	2882
with respect to a school building that, in the most recent ratings	2883
of school buildings under section 3302.03 of the Revised Code	2884
prior to the first day of July of the school year, ceases to meet	2885
the criteria in division (B)(1) of this section.	2886

(3) However, students who have received scholarships in the	2887
prior school year remain eligible students pursuant to division	2888
(C) of this section.	2889

(E) The state board of education shall adopt rules defining	2890
excused absences for purposes of division (C)(3) of this section.	2891

Sec. 3310.06. It is the policy adopted by the general	2892
assembly that the educational choice scholarship pilot program	2893
shall be construed as one of several educational options available	2894
for students enrolled in academic emergency or academic watch	2895
school buildings or buildings that are rated "F" or "D." Students	2896
may be enrolled in the schools of the student's resident district,	2897
in a community school established under Chapter 3314. of the	2898
Revised Code, in the schools of another school district pursuant	2899
to an open enrollment policy adopted under section 3313.98 of the	2900
Revised Code, in a chartered nonpublic school with or without a	2901
scholarship under the educational choice scholarship pilot	2902
program, or in other schools as the law may provide.	2903

Sec. 3310.08. (A) The amount paid for an eligible student	2904
under the educational choice scholarship pilot program shall be	2905
the lesser of the tuition of the chartered nonpublic school in	2906
which the student is enrolled or the maximum amount prescribed in	2907
section 3310.09 of the Revised Code.	2908

(B)(1) The department of education shall pay to the parent of	2909
each eligible student for whom a scholarship is awarded under the	2910
program, or to the student if at least eighteen years of age,	2911
periodic partial payments of the scholarship.	2912

(2) The department shall proportionately reduce or terminate	2913
the payments for any student who withdraws from a chartered	2914
nonpublic school prior to the end of the school year.	2915

(C)(1) The department shall deduct from the payments made to	2916
each school district under Chapter 3317., and if necessary,	2917
sections 321.24 and 323.156 of the Revised Code, the amount paid	2918
under division (B) of this section for each eligible student	2919
awarded a scholarship under the program who is entitled under	2920
section 3313.64 or 3313.65 of the Revised Code to attend school in	2921
the district. In the case of a student entitled to attend school	2922
in a school district under division (B)(2)(a) of section 3313.64	2923
or division (C) of section 3313.65 of the Revised Code, the	2924
department shall deduct the payments from the school district that	2925
includes the student in its average daily membership as reported	2926
to the department under section 3317.03 of the Revised Code, as	2927
determined by the department.	2928

(2) If the department reduces or terminates payments to a	2929
parent or a student, as prescribed in division (B)(2) of this	2930
section, and the student enrolls in the schools of the student's	2931
resident district or in a community school, established under	2932
Chapter 3314. of the Revised Code, before the end of the school	2933
year, the department shall proportionally restore to the resident	2934
district the amount deducted for that student under division	2935
(C)(1) of this section.	2936

Sec. 3310.15. (A) The department of education annually shall	2937
compile the scores attained by scholarship students to whom an	2938
assessment is administered under section 3310.14 of the Revised	2939
Code. The scores shall be aggregated as follows:	2940

(1) By state, which shall include all students awarded a	2941
scholarship under the educational choice scholarship pilot program	2942
and who were required to take an assessment under section 3310.14	2943
of the Revised Code;	2944

(2) By school district, which shall include all scholarship	2945
students who were required to take an assessment under section	2946
3310.14 of the Revised Code and for whom the district is the	2947
student's resident district;	2948

(3) By chartered nonpublic school, which shall include all	2949
scholarship students enrolled in that school who were required to	2950
take an assessment under section 3310.14 of the Revised Code.	2951

(B) The department shall disaggregate the student performance	2952
data described in division (A) of this section according to the	2953
following categories:	2954

(1) ~~Age~~Grade level;

2955

(2) Race and ethnicity;

2956

(3) Gender;

2957

(4) Students who have participated in the scholarship program	2958
for three or more years;	2959

(5) Students who have participated in the scholarship program	2960
for more than one year and less than three years;	2961

(6) Students who have participated in the scholarship program	2962
for one year or less;	2963

(7) Economically disadvantaged students.

2964

(C) The department shall post the student performance data	2965
required under divisions (A) and (B) of this section on its web	2966
site and, by the first day of February each year, shall distribute	2967
that data to the parent of each eligible student. In reporting	2968
student performance data under this division, the department shall	2969
not include any data that is statistically unreliable or that	2970
could result in the identification of individual students. For	2971
this purpose, the department shall not report performance data for	2972
any group that contains less than ten students.	2973

(D) The department shall provide the parent of each	2974
scholarship student with information comparing the student's	2975
performance on the assessments administered under section 3310.14	2976
of the Revised Code with the average performance of similar	2977
students enrolled in the building operated by the student's	2978
resident district that the scholarship student would otherwise	2979
attend. In calculating the performance of similar students, the	2980
department shall consider age, grade, race and ethnicity, gender,	2981
and socioeconomic status.	2982

Sec. 3313.37. (A)(1) The board of education of any city,	2983
local, or exempted village school district may build, enlarge,	2984
repair, and furnish the necessary schoolhouses, purchase or lease	2985
sites therefor, or rights-of-way thereto, or purchase or lease	2986
real estate to be used as playgrounds for children or rent	2987
suitable schoolrooms, either within or without the district, and	2988
provide the necessary apparatus and make all other necessary	2989
provisions for the schools under its control.	2990

(2) A governing board of an educational service center may	2991
acquire, lease or lease-purchase, or enter into a contract to	2992
purchase, lease or lease-purchase, or sell real and personal	2993
property and may construct, enlarge, repair, renovate, furnish, or	2994
equip facilities, buildings, or structures for the educational	2995
service center's purposes. The board may enter into loan	2996
agreements, including mortgages, for the acquisition of such	2997
property. ~~If a governing board exercises any of these powers to~~	2998
~~acquire office or classroom space, the board of county~~	2999
~~commissioners has no obligation to provide and equip offices and~~	3000
~~to provide heat, light, water, and janitorial services for the use~~	3001
~~of the service center pursuant to section 3319.19 of the Revised~~	3002
~~Code, unless there is a contract as provided by division (D) of~~	3003
~~that section.~~	3004

(3) A board of county commissioners may issue securities of	3005
the county pursuant to Chapter 133. of the Revised Code for the	3006
acquisition of real and personal property or for the construction,	3007
enlargement, repair, or renovation of facilities, buildings, or	3008
structures by an educational service center, but only if the	3009
county has a contract ~~under division (D) of section 3319.19 of the~~	3010
~~Revised Code~~ with the educational service center whereby the	3011
educational service center agrees to pay the county an amount	3012
equal to the debt charges on the issued securities on or before	3013
the date those charges fall due. For the purposes of this section,	3014
"debt charges" and "securities" have the same meanings as in	3015
section 133.01 of the Revised Code.	3016

(B)(1) Boards of education of city, local, and exempted	3017
village school districts may acquire land by gift or devise, by	3018
purchase, or by appropriation. Lands purchased may be purchased	3019
for cash, by installment payments, with or without a mortgage, by	3020
entering into lease-purchase agreements, or by lease with an	3021
option to purchase, provided that if the purchase price is to be	3022
paid over a period of time, such payments shall not extend for a	3023
period of more than five years. A special tax levy may be	3024
authorized by the voters of the school district in accordance with	3025
section 5705.21 of the Revised Code to provide a special fund to	3026
meet the future time payments.	3027

(2) For the purposes of section 5705.21 of the Revised Code,	3028
acquisition of land under the provisions of this division shall be	3029
considered a necessary requirement of the school district.	3030

(3) Boards of education of city, local, and exempted village	3031
school districts may acquire federal land at a discount by a	3032
lease-purchase agreement for use as a site for the construction of	3033
educational facilities or for other related purposes. External	3034
administrative and other costs pertaining to the acquisition of	3035
federal land at a discount may be paid from funds available to the	3036
school district for operating purposes. Such boards of education	3037
may also acquire federal land by lease-purchase agreements, by	3038
negotiation, or otherwise.	3039

(4) As used in this division:

3040

(a) "Office equipment" includes but is not limited to	3041
typewriters, copying and duplicating equipment, and computer and	3042
data processing equipment.	3043

(b) "Software for instructional purposes" includes computer	3044
programs usable for computer assisted instruction, computer	3045
managed instruction, drill and practice, and problem simulations.	3046

A board of education or governing board of an educational	3047
service center may acquire the necessary office equipment, and	3048
computer hardware and software for instructional purposes, for the	3049
schools under its control by purchase, by lease, by installment	3050
payments, by entering into lease-purchase agreements, or by lease	3051
with an option to purchase. In the case of a city, exempted	3052
village, or local school district, if the purchase price is to be	3053
paid over a period of time, the contract setting forth the terms	3054
of such purchase shall be considered a continuing contract	3055
pursuant to section 5705.41 of the Revised Code. Payments shall	3056
not extend for a period of more than five years. Costs relating to	3057
the acquisition of necessary apparatus may be paid from funds	3058
available to the school district or educational service center for	3059
operating purposes.	3060

(5) A board of education or governing board of an educational	3061
service center may acquire the necessary equipment for the	3062
maintenance or physical upkeep of facilities and land under its	3063
control by entering into lease-purchase agreements. If payments	3064
under the lease-purchase agreement are to be made over a period of	3065
time, the agreement shall be considered a continuing contract	3066
pursuant to section 5705.41 of the Revised Code, and such payments	3067
shall not extend for a period of more than five years.	3068

Sec. 3313.411. (A) As used in this section~~, "unused~~:

3069

(1) "Community school" means a community school established	3070
under Chapter 3314. of the Revised Code.	3071

(2) "Unused school facilities" means any real property that	3072
has been used by a school district for school operations,	3073
including, but not limited to, academic instruction or	3074
administration, since July 1, 1998, but has not been used in that	3075
capacity for two years.	3076

(B)(1) On and after ~~the effective date of this section~~June	3077
30, 2011, any school district board of education shall offer any	3078
unused school facilities it owns in its corporate capacity for	3079
lease or sale to the governing authorities of community schools	3080
~~established under Chapter 3314. of the Revised Code~~ that are	3081
located within the territory of the ~~school~~ district.	3082

(2) At the same time that a district board makes the offer	3083
required under division (B)(1) of this section, the board also	3084
may, but shall not be required to, offer that property for sale or	3085
lease to both of the following:	3086

(a) The governing authorities of community schools with	3087
plans, stipulated in their contracts entered into under section	3088
3314.03 of the Revised Code, either to relocate their operations	3089
to the territory of the district or to add facilities, as	3090
authorized by division (B)(3) or (4) of section 3314.05 of the	3091
Revised Code, to be located within the territory of the district;	3092

(b) Persons or groups of individuals holding valid	3093
preliminary agreements under section 3314.02 of the Revised Code	3094
proposing the establishment of a community school within the	3095
territory of the district.	3096

(C)(1) If, not later than sixty days after the district board	3097
makes the offer, the governing authority of one community school	3098
located within the territory of the school district, or the	3099
governing authority of one community school described in division	3100
(B)(2)(a) of this section or one person or one group of	3101
individuals described in division (B)(2)(b) of this section if	3102
applicable, notifies the district treasurer in writing of ~~its~~the	3103
intention to purchase the property, the district board shall sell	3104
the property to ~~the~~that community school or person or group of	3105
individuals for the appraised fair market value of the property.	3106

(2) If, not later than sixty days after the district board	3107
makes the offer, the governing authorities of two or more	3108
community schools located within the territory of the school	3109
district, or the governing authorities of two or more community	3110
schools described in division (B)(2)(a) of this section or two or	3111
more persons or groups of individuals described in division	3112
(B)(2)(b) of this section if applicable, notify the district	3113
treasurer in writing of ~~their~~the intention to purchase the	3114
property, the board shall conduct a public auction in the manner	3115
required for auctions of district property under division (A) of	3116
section 3313.41 of the Revised Code. Only the governing	3117
authorities of ~~all~~ community schools ~~located within the territory~~	3118
~~of the school district~~, and the persons or groups of individuals	3119
proposing the establishment of community schools, notifying the	3120
district treasurer of the intention to purchase the property are	3121
eligible to bid at the auction. The district board is not	3122
obligated to accept any bid for the property that is lower than	3123
the appraised fair market value of the property.	3124

(3) If the governing authorities of two or more community	3125
schools located within the territory of the school district, or	3126
the governing authorities of two or more community schools	3127
described in division (B)(2)(a) of this section or two or more	3128
persons or groups of individuals described in division (B)(2)(b)	3129
of this section if applicable, notify the district treasurer in	3130
writing of ~~their~~the intention to lease the property, the district	3131
board shall conduct a lottery to select from among those parties	3132
the community school to which the district board shall lease the	3133
property.	3134

(4) The lease price offered by a district board to ~~the~~	3135
~~governing authority of~~ a community school under this section shall	3136
not be higher than the fair market value for such a leasehold.	3137

(5) If no community school governing authority or person or	3138
group of individuals, as applicable, accepts the offer to lease or	3139
buy the property within sixty days after the offer is made, the	3140
district board may offer the property to any other entity in	3141
accordance with divisions (A) to (F) of section 3313.41 of the	3142
Revised Code.	3143

~~(C)~~(D) Notwithstanding division (B) of this section, a school	3144
district board may renew any agreement it originally entered into	3145
prior to ~~the effective date of this section~~June 30, 2011, to	3146
lease real property to an entity other than a community school.	3147
Nothing in this section shall affect the leasehold arrangements	3148
between the district board and that other entity.	3149

Sec. 3313.473. This section does not apply to any school	3150
district ~~declared to be excellent or effective~~that is rated "A"	3151
or "B" pursuant to ~~division (B)(1) or (2) of~~ section 3302.03 of	3152
the Revised Code.	3153

(A) The state board of education shall adopt rules requiring	3154
school districts with a total student count of over five thousand,	3155
as determined pursuant to section 3317.03 of the Revised Code, to	3156
designate one school building to be operated by a site-based	3157
management council. The rules shall specify the composition of the	3158
council and the manner in which members of the council are to be	3159
selected and removed.	3160

(B) The rules adopted under division (A) of this section	3161
shall specify those powers, duties, functions, and	3162
responsibilities that shall be vested in the management council	3163
and that would otherwise be exercised by the district board of	3164
education. The rules shall also establish a mechanism for	3165
resolving any differences between the council and the district	3166
board if there is disagreement as to their respective powers,	3167
duties, functions, and responsibilities.	3168

(C) The board of education of any school district described	3169
by division (A) of this section may, in lieu of complying with the	3170
rules adopted under this section, file with the department of	3171
education an alternative structure for a district site-based	3172
management program in at least one of its school buildings. The	3173
proposal shall specify the composition of the council, which shall	3174
include an equal number of parents and teachers and the building	3175
principal, and the method of selection and removal of the council	3176
members. The proposal shall also clearly delineate the respective	3177
powers, duties, functions, and responsibilities of the district	3178
board and the council. The district's proposal shall comply	3179
substantially with the rules adopted under division (A) of this	3180
section.	3181

Sec. 3313.608. (A)(1) Beginning with students who enter	3182
third grade in the 2012-2013 school year ~~that starts July 1, 2009~~,	3183
for any student who attains a score in the range designated under	3184
division (A)(2)(c) of section 3301.0710 of the Revised Code on the	3185
assessment prescribed under that section to measure skill in	3186
English language arts expected at the end of third grade, each	3187
school district, in accordance with the policy adopted under	3188
section 3313.609 of the Revised Code, shall do one of the	3189
following:	3190

~~(1)~~(a) Promote the student to fourth grade if the student's	3191
principal and reading teacher agree that other evaluations of the	3192
student's skill in reading demonstrate that the student is	3193
academically prepared to be promoted to fourth grade, except that	3194
a student who has been on a reading improvement and monitoring	3195
plan under division (C) of this section for two or more years	3196
shall not be promoted;	3197

~~(2)~~(b) Promote the student to fourth grade but provide the	3198
student with intensive intervention services in fourth grade,	3199
except that a student who has been on a reading improvement and	3200
monitoring plan under division (C) of this section for two or more	3201
years shall not be promoted;	3202

~~(3)~~(c) Retain the student in third grade.

3203

(2) No limited English proficient student who has had less	3204
than two years of instruction in an English as a second language	3205
program shall be retained under division (A)(1) of this section.	3206

(3) If the individualized education program of a student	3207
receiving special education and related services under Chapter	3208
3323. of the Revised Code requires the student to take the	3209
assessments prescribed by section 3301.0710 of the Revised Code,	3210
the district shall base the decision of whether to retain the	3211
student on the student's ability to meet the academic goals	3212
specified in the individualized education program.	3213

(B)(1) To assist students in meeting ~~this~~the third grade	3214
guarantee established by this section, each school district shall	3215
adopt policies and procedures with which it ~~shall~~ annually shall	3216
assess the reading skills of each student ~~at the end of first and~~	3217
~~second~~enrolled in kindergarten to third grade by the thirty-first	3218
day of October and shall identify students who are reading below	3219
their grade level by the end of the school year. IfEach district	3220
shall use the diagnostic assessment to measure English language	3221
arts ability for the appropriate grade level ~~has been developed in~~	3222
~~accordance with division (D)(1) of~~adopted under section 3301.079	3223
of the Revised Code~~, each school district shall use such~~	3224
~~diagnostic assessment~~, or a comparable tool approved by the	3225
department of education, to identify such students~~, except that~~	3226
~~any district to which division (E) of section 3301.0715 of the~~	3227
~~Revised Code applies may use another assessment to identify such~~	3228
~~students~~. The policies and procedures shall require the students'	3229
classroom teachers to be involved in the assessment and the	3230
identification of students reading below grade level. The district	3231
shall notify the parent or guardian of each student whose reading	3232
skills are below grade level and, in accordance with division (C)	3233
of this section, provide intervention services to each student	3234
reading below grade level. Such intervention services shall	3235
include instruction ~~in intensive, systematic phonetics pursuant to~~	3236
~~rules adopted by the state board of education~~targeted at the	3237
student's identified reading deficiencies.	3238

(2)(a) For each student entering second grade after July 1,	3239
2012, who is reading below grade level by the end of second grade,	3240
the district shall provide intense remediation services during the	3241
summer before third grade.	3242

(b) For each student entering third grade after July 1, ~~2009~~	3243
2012, who does not attain by the end of the third grade at least a	3244
score in the range designated under division (A)(2)(b) of section	3245
3301.0710 of the Revised Code on the assessment prescribed under	3246
that section to measure skill in English language arts expected at	3247
the end of third grade, the district ~~also~~ shall ~~offer~~provide	3248
intense remediation services ~~during the summer following third~~	3249
~~grade~~until the student is able to read at grade level. The	3250
remediation services shall include instruction targeted at the	3251
student's identified reading deficiencies. The district shall	3252
offer the option for students to receive the services from one or	3253
more providers other than the district. If the student	3254
participates in the remediation services and demonstrates reading	3255
proficiency in accordance with standards adopted by the department	3256
prior to the start of fourth grade, the district shall promote the	3257
student to that grade.	3258

(C) For each student required to be ~~offered~~provided	3259
intervention services under this section, the district shall	3260
develop a reading improvement and monitoring plan within sixty	3261
days after receiving the student's results on the diagnostic	3262
assessment or comparable tool administered under division (B)(1)	3263
of this section. The district shall involve the student's parent	3264
or guardian and classroom teacher in developing the ~~intervention~~	3265
~~strategy, and shall offer to the parent or guardian the~~	3266
~~opportunity to be involved in the intervention services~~plan. The	3267
plan shall include all of the following:	3268

(1) Identification of the student's specific reading	3269
deficiencies;	3270

(2) A description of the additional instructional services	3271
and support that will be provided to the student to remediate the	3272
identified reading deficiencies;	3273

(3) Opportunities for the student's parent or guardian to be	3274
involved in the instructional services and support described in	3275
division (C)(2) of this section;	3276

(4) A process for monitoring the extent to which the student	3277
receives the instructional services and support described in	3278
division (C)(2) of this section;	3279

(5) A statement that if the student attains a score in the	3280
range designated under division (A)(2)(c) of section 3301.0710 of	3281
the Revised Code on the assessment prescribed under that section	3282
to measure skill in English language arts expected by the end of	3283
third grade, the student may be retained in third grade.	3284

The district shall report any information requested by the	3285
department about the plans developed under this division in the	3286
manner required by the department.	3287

(D) Any summer remediation services funded in whole or in	3288
part by the state and offered by school districts to students	3289
under this section shall meet the following conditions:	3290

(1) The remediation methods are based on reliable educational	3291
research.	3292

(2) The school districts conduct assessment before and after	3293
students participate in the program to facilitate monitoring	3294
results of the remediation services.	3295

(3) The parents of participating students are involved in	3296
programming decisions.	3297

~~(4) The services are conducted in a school building or~~	3298
~~community center and not on an at-home basis.~~	3299

(E) This section does not create a new cause of action or a	3300
substantive legal right for any person.	3301

Sec. 3313.609. (A) As used in this section:

3302

(1) "Truant" means absent without excuse.

3303

(2) "Academically prepared" means whatever educational	3304
standard the board of education of each city, exempted village,	3305
local, and joint vocational school district establishes as	3306
necessary for the promotion of a student to the next grade level	3307
pursuant to the policy adopted under division (B) of this section.	3308

(B) The board of education of each city, exempted village,	3309
local, and joint vocational school district shall adopt a grade	3310
promotion and retention policy for students that complies with	3311
this section and section 3313.608 of the Revised Code. The policy	3312
shall prohibit the promotion of a student to the next grade level	3313
if the student has been truant for more than ten per cent of the	3314
required attendance days of the current school year and has failed	3315
two or more of the required curriculum subject areas in the	3316
current grade unless the student's principal and the teachers of	3317
any failed subject areas agree that the student is academically	3318
prepared to be promoted to the next grade level.	3319

Sec. 3313.6013. (A) As used in this section, "dual enrollment	3320
program" means a program that enables a student to earn credit	3321
toward a degree from an institution of higher education while	3322
enrolled in high school or that enables a student to complete	3323
coursework while enrolled in high school that may earn credit	3324
toward a degree from an institution of higher education upon the	3325
student's attainment of a specified score on an examination	3326
covering the coursework. Dual enrollment programs may include any	3327
of the following:	3328

(1) The post-secondary enrollment options program established	3329
under Chapter 3365. of the Revised Code;	3330

(2) Advanced placement courses;

3331

(3) Any similar program established pursuant to an agreement	3332
between a school district or chartered nonpublic high school and	3333
an institution of higher education.	3334

(B) Each city, local, exempted village, and joint vocational	3335
school district and each chartered nonpublic high school shall	3336
provide students enrolled in grades nine through twelve with the	3337
opportunity to participate in a dual enrollment program. For this	3338
purpose, each school district and chartered nonpublic high school	3339
shall offer at least one dual enrollment program in accordance	3340
with division (B)(1) or (2) of this section, as applicable.	3341

(1) A city, local, or exempted village school district meets	3342
the requirements of this division through its mandatory	3343
participation in the post-secondary enrollment options program	3344
established under Chapter 3365. of the Revised Code. However, a	3345
city, local, or exempted village school district may offer any	3346
other dual enrollment program, in addition to the post-secondary	3347
enrollment options program, and each joint vocational school	3348
district shall offer at least one other ~~duel~~dual enrollment	3349
program, to students in good standing, as defined by the	3350
partnership for continued learning under section 3301.42 of the	3351
Revised Code as it existed prior to ~~the effective date of this~~	3352
~~amendment~~October 16, 2009, or as subsequently defined by the	3353
department of education.	3354

(2) A chartered nonpublic high school that elects to	3355
participate in the post-secondary enrollment options program	3356
established under Chapter 3365. of the Revised Code meets the	3357
requirements of this division. Each chartered nonpublic high	3358
school that elects not to participate in the post-secondary	3359
enrollment options program instead shall offer at least one other	3360
dual enrollment program to students in good standing, as defined	3361
by the partnership for continued learning under section 3301.42 of	3362
the Revised Code as it existed prior to ~~the effective date of this~~	3363
~~amendment~~October 16, 2009, or as subsequently defined by the	3364
department of education.	3365

(C) Each school district and each chartered nonpublic high	3366
school shall provide information about the dual enrollment	3367
programs offered by the district or school to all students	3368
enrolled in grades eight through eleven.	3369

Sec. 3313.816. No public or chartered nonpublic school shall	3370
permit the sale of a la carte beverage items other than the	3371
following during the regular and extended school day:	3372

(A) For a school in which the majority of grades offered are	3373
in the range from kindergarten to grade four:	3374

(1) Water;

3375

(2) Milk;

3376

(3) Eight ounces or less of one hundred per cent fruit juice,	3377
or a one hundred per cent fruit juice and water blend with no	3378
added sweeteners, that contains not more than one hundred sixty	3379
calories per eight ounces.	3380

(B) For a school in which the majority of grades offered are	3381
in the range from grade five to grade eight:	3382

(1) Water;

3383

(2) Milk;

3384

(3) Ten ounces or less of one hundred per cent fruit juice,	3385
or a one hundred per cent fruit juice and water blend with no	3386
added sweeteners, that contains not more than one hundred sixty	3387
calories per eight ounces.	3388

(C) For a school in which the majority of grades offered are	3389
in the range from grade nine to grade twelve:	3390

(1) Water;

3391

(2) Milk;

3392

(3) Twelve ounces or less of one hundred per cent fruit	3393
juice, or a one hundred per cent fruit juice and water blend with	3394
no added sweeteners, that contains not more than one hundred sixty	3395
calories per eight ounces;	3396

(4) Twelve ounces or less of any beverage that contains not	3397
more than sixty-six calories per eight ounces;	3398

(5) Any size of a beverage that contains not more than ten	3399
calories per eight ounces, which may include caffeinated beverages	3400
and beverages with added sweeteners, carbonation, or artificial	3401
flavoring.	3402

~~(D) Each public and chartered nonpublic school shall require~~	3403
~~at least fifty per cent of the a la carte beverage items available~~	3404
~~for sale from each of the following sources during the regular and~~	3405
~~extended school day to be water or other beverages that contain~~	3406
~~not more than ten calories per eight ounces:~~	3407

~~(1) A school food service program;~~

3408

~~(2) A vending machine located on school property that does~~	3409
~~not sell only milk or reimbursable meals;~~	3410

~~(3) A store operated by the school, a student association, or~~	3411
~~other school-sponsored organization.~~	3412

Sec. 3313.845. The board of education of a city, exempted	3413
village, or local school district and the governing board of an	3414
educational service center may enter into an agreement under which	3415
the educational service center will provide services to the school	3416
district. Services provided under the agreement and the amount to	3417
be paid for such services shall be mutually agreed to by the	3418
district board of education and the service center governing	3419
board, and shall be specified in the agreement. Payment for	3420
services specified in the agreement shall be made pursuant to	3421
division (D) of section 3317.11 of the Revised Code and shall not	3422
include any deduction under division (B), (C), or (F) of that	3423
section. Any agreement entered into pursuant to this section shall	3424
be valid only if a copy is filed with the department of education	3425
~~by the first day of the school year for which the agreement is in~~	3426
~~effect~~.	3427

The authority granted under this section to the boards of	3428
education of city, exempted village, and local school districts is	3429
in addition to the authority granted to such boards under section	3430
3313.843 of the Revised Code.	3431

Sec. 3313.978. (A) Annually by the first day of November,	3432
the superintendent of public instruction shall notify the pilot	3433
project school district of the number of initial scholarships that	3434
the state superintendent will be awarding in each of grades	3435
kindergarten through twelve.	3436

The state superintendent shall provide information about the	3437
scholarship program to all students residing in the district,	3438
shall accept applications from any such students until such date	3439
as shall be established by the state superintendent as a deadline	3440
for applications, and shall establish criteria for the selection	3441
of students to receive scholarships from among all those applying	3442
prior to the deadline, which criteria shall give preference to	3443
students from low-income families. For each student selected, the	3444
state superintendent shall also determine whether the student	3445
qualifies for seventy-five or ninety per cent of the scholarship	3446
amount. Students whose family income is at or above two hundred	3447
per cent of the maximum income level established by the state	3448
superintendent for low-income families shall qualify for	3449
seventy-five per cent of the scholarship amount and students whose	3450
family income is below two hundred per cent of that maximum income	3451
level shall qualify for ninety per cent of the scholarship amount.	3452
The state superintendent shall notify students of their selection	3453
prior to the fifteenth day of January and whether they qualify for	3454
seventy-five or ninety per cent of the scholarship amount.	3455

(1) A student receiving a pilot project scholarship may	3456
utilize it at an alternative public school by notifying the	3457
district superintendent, at any time before the beginning of the	3458
school year, of the name of the public school in an adjacent	3459
school district to which the student has been accepted pursuant to	3460
section 3327.06 of the Revised Code.	3461

(2) A student may decide to utilize a pilot project	3462
scholarship at a registered private school in the district if all	3463
of the following conditions are met:	3464

(a) By the fifteenth day of February of the preceding school	3465
year, or at any time prior to the start of the school year, the	3466
parent makes an application on behalf of the student to a	3467
registered private school.	3468

(b) The registered private school notifies the parent and the	3469
state superintendent as follows that the student has been	3470
admitted:	3471

(i) By the fifteenth day of March of the preceding school	3472
year if the student filed an application by the fifteenth day of	3473
February and was admitted by the school pursuant to division (A)	3474
of section 3313.977 of the Revised Code;	3475

(ii) Within one week of the decision to admit the student if	3476
the student is admitted pursuant to division (C) of section	3477
3313.977 of the Revised Code.	3478

(c) The student actually enrolls in the registered private	3479
school to which the student was first admitted or in another	3480
registered private school in the district or in a public school in	3481
an adjacent school district.	3482

(B) The state superintendent shall also award in any school	3483
year tutorial assistance grants to a number of students equal to	3484
the number of students who receive scholarships under division (A)	3485
of this section. Tutorial assistance grants shall be awarded	3486
solely to students who are enrolled in the public schools of the	3487
district in a grade level covered by the pilot project. Tutorial	3488
assistance grants may be used solely to obtain tutorial assistance	3489
from a provider approved pursuant to division (D) of section	3490
3313.976 of the Revised Code.	3491

All students wishing to obtain tutorial assistance grants	3492
shall make application to the state superintendent by the first	3493
day of the school year in which the assistance will be used. The	3494
state superintendent shall award assistance grants in accordance	3495
with criteria the superintendent shall establish. For each student	3496
awarded a grant, the state superintendent shall also determine	3497
whether the student qualifies for seventy-five or ninety per cent	3498
of the grant amount and so notify the student. Students whose	3499
family income is at or above two hundred per cent of the maximum	3500
income level established by the state superintendent for	3501
low-income families shall qualify for seventy-five per cent of the	3502
grant amount and students whose family income is below two hundred	3503
per cent of that maximum income level shall qualify for ninety per	3504
cent of the grant amount.	3505

(C)(1) In the case of basic scholarships for students in	3506
grades kindergarten through eight, the scholarship amount shall	3507
not exceed the lesser of the tuition charges of the alternative	3508
school the scholarship recipient attends or three thousand dollars	3509
before fiscal year 2007, three thousand four hundred fifty dollars	3510
in fiscal year 2007 through fiscal year 2011, and four thousand	3511
two hundred fifty dollars in fiscal year 2012 and thereafter.	3512

In the case of basic scholarships for students in grades nine	3513
through twelve, the scholarship amount shall not exceed the lesser	3514
of the tuition charges of the alternative school the scholarship	3515
recipient attends or two thousand seven hundred dollars before	3516
fiscal year 2007, three thousand four hundred fifty dollars in	3517
fiscal year 2007 through fiscal year 2011, and five thousand	3518
dollars in fiscal year 2012 and thereafter.	3519

(2) The state superintendent shall provide for an increase in	3520
the basic scholarship amount in the case of any student who is a	3521
mainstreamed student with a disability and shall further increase	3522
such amount in the case of any separately educated student with a	3523
disability. Such increases shall take into account the	3524
instruction, related services, and transportation costs of	3525
educating such students.	3526

(3) In the case of tutorial assistance grants, the grant	3527
amount shall not exceed the lesser of the provider's actual	3528
charges for such assistance or:	3529

(a) Before fiscal year 2007, a percentage established by the	3530
state superintendent, not to exceed twenty per cent, of the amount	3531
of the pilot project school district's average basic scholarship	3532
amount;	3533

(b) In fiscal year 2007 and thereafter, four hundred dollars.

3534

(4) No scholarship or tutorial assistance grant shall be	3535
awarded unless the state superintendent determines that	3536
twenty-five or ten per cent, as applicable, of the amount	3537
specified for such scholarship or grant pursuant to division	3538
(C)(1), (2), or (3) of this section will be furnished by a	3539
political subdivision, a private nonprofit or for profit entity,	3540
or another person. Only seventy-five or ninety per cent of such	3541
amounts, as applicable, shall be paid from state funds pursuant to	3542
section 3313.979 of the Revised Code.	3543

(D)(1) Annually by the first day of November, the state	3544
superintendent shall estimate the maximum per-pupil scholarship	3545
amounts for the ensuing school year. The state superintendent	3546
shall make this estimate available to the general public at the	3547
offices of the district board of education together with the forms	3548
required by division (D)(2) of this section.	3549

(2) Annually by the fifteenth day of January, the chief	3550
administrator of each registered private school located in the	3551
pilot project district and the principal of each public school in	3552
such district shall complete a parental information form and	3553
forward it to the president of the board of education. The	3554
parental information form shall be prescribed by the department of	3555
education and shall provide information about the grade levels	3556
offered, the numbers of students, tuition amounts, achievement	3557
test results, and any sectarian or other organizational	3558
affiliations.	3559

(E)(1) Only for the purpose of administering the pilot	3560
project scholarship program, the department may request from any	3561
of the following entities the data verification code assigned	3562
under division (D)(2) of section 3301.0714 of the Revised Code to	3563
any student who is seeking a scholarship under the program:	3564

(a) The school district in which the student is entitled to	3565
attend school under section 3313.64 or 3313.65 of the Revised	3566
Code;	3567

(b) If applicable, the community school in which the student	3568
is enrolled;	3569

(c) The independent contractor engaged to create and maintain	3570
data verification codes.	3571

(2) Upon a request by the department under division (E)(1) of	3572
this section for the data verification code of a student seeking a	3573
scholarship or a request by the student's parent for that code,	3574
the school district or community school shall submit that code to	3575
the department or parent in the manner specified by the	3576
department. If the student has not been assigned a code, because	3577
the student will be entering kindergarten during the school year	3578
for which the scholarship is sought, the district shall assign a	3579
code to that student and submit the code to the department or	3580
parent by a date specified by the department. If the district does	3581
not assign a code to the student by the specified date, the	3582
department shall assign a code to the student.	3583

The department annually shall submit to each school district	3584
the name and data verification code of each student residing in	3585
the district who is entering kindergarten, who has been awarded a	3586
scholarship under the program, and for whom the department has	3587
assigned a code under this division.	3588

(3) The department shall not release any data verification	3589
code that it receives under division (E) of this section to any	3590
person except as provided by law.	3591

(F) Any document relative to the pilot project scholarship	3592
program that the department holds in its files that contains both	3593
a student's name or other personally identifiable information and	3594
the student's data verification code shall not be a public record	3595
under section 149.43 of the Revised Code.	3596

(G)(1) The department annually shall compile the scores	3597
attained by scholarship students enrolled in registered private	3598
schools on the assessments administered to the students pursuant	3599
to division (A)(11) of section 3313.976 of the Revised Code. The	3600
scores shall be aggregated as follows:	3601

(a) By school district, which shall include all scholarship	3602
students residing in the pilot project school district who are	3603
enrolled in a registered private school and were required to take	3604
an assessment pursuant to division (A)(11) of section 3313.976 of	3605
the Revised Code;	3606

(b) By registered private school, which shall include all	3607
scholarship students enrolled in that school who were required to	3608
take an assessment pursuant to division (A)(11) of section	3609
3313.976 of the Revised Code.	3610

(2) The department shall disaggregate the student performance	3611
data described in division (G)(1) of this section according to the	3612
following categories:	3613

(a) ~~Age~~Grade level;

3614

(b) Race and ethnicity;

3615

3616

(d) Students who have participated in the scholarship program	3617
for three or more years;	3618

(e) Students who have participated in the scholarship program	3619
for more than one year and less than three years;	3620

(f) Students who have participated in the scholarship program	3621
for one year or less;	3622

(g) Economically disadvantaged students.

3623

(3) The department shall post the student performance data	3624
required under divisions (G)(1) and (2) of this section on its web	3625
site and shall include that data in the information about the	3626
scholarship program provided to students under division (A) of	3627
this section. In reporting student performance data under this	3628
division, the department shall not include any data that is	3629
statistically unreliable or that could result in the	3630
identification of individual students. For this purpose, the	3631
department shall not report performance data for any group that	3632
contains less than ten students.	3633

(4) The department shall provide the parent of each	3634
scholarship student enrolled in a registered private school with	3635
information comparing the student's performance on the assessments	3636
administered pursuant to division (A)(11) of section 3313.976 of	3637
the Revised Code with the average performance of similar students	3638
enrolled in the building operated by the pilot project school	3639
district that the scholarship student would otherwise attend. In	3640
calculating the performance of similar students, the department	3641
shall consider age, grade, race and ethnicity, gender, and	3642
socioeconomic status.	3643

Sec. 3314.012. (A) Within ninety days of September 28, 1999,	3644
the superintendent of public instruction shall appoint	3645
representatives of the department of education, including	3646
employees who work with the education management information	3647
system, to a committee to develop report card models for community	3648
schools. The committee shall design model report cards appropriate	3649
for the various types of community schools approved to operate in	3650
the state. Sufficient models shall be developed to reflect the	3651
variety of grade levels served and the missions of the state's	3652
community schools. All models shall include both financial and	3653
academic data. The initial models shall be developed by March 31,	3654
2000.	3655

(B) The department of education shall issue an annual report	3656
card for each community school, regardless of how long the school	3657
has been in operation. The report card shall report the academic	3658
and financial performance of the school utilizing one of the	3659
models developed under division (A) of this section. The report	3660
card shall include all information applicable to school buildings	3661
under ~~division (A) of~~ section 3302.03 of the Revised Code. The	3662
ratings a community school receives under section 3302.03 of the	3663
Revised Code for its first two full school years shall not be	3664
considered toward automatic closure of the school under section	3665
3314.35 of the Revised Code or any other matter that is based on	3666
report card ratings.	3667

(C) Upon receipt of a copy of a contract between a sponsor	3668
and a community school entered into under this chapter, the	3669
department of education shall notify the community school of the	3670
specific model report card that will be used for that school.	3671

(D) Report cards shall be distributed to the parents of all	3672
students in the community school, to the members of the board of	3673
education of the school district in which the community school is	3674
located, and to any person who requests one from the department.	3675

Sec. 3314.015. (A) The department of education shall be	3676
responsible for the oversight of any and all sponsors of the	3677
community schools established under this chapter and shall provide	3678
technical assistance to schools and sponsors in their compliance	3679
with applicable laws and the terms of the contracts entered into	3680
under section 3314.03 of the Revised Code and in the development	3681
and start-up activities of those schools. In carrying out its	3682
duties under this section, the department shall do all of the	3683
following:	3684

(1) In providing technical assistance to proposing parties,	3685
governing authorities, and sponsors, conduct training sessions and	3686
distribute informational materials;	3687

(2) Approve entities to be sponsors of community schools;

3688

(3) Monitor the effectiveness of any and all sponsors in	3689
their oversight of the schools with which they have contracted;	3690

(4) By December thirty-first of each year, issue a report to	3691
the governor, the speaker of the house of representatives, the	3692
president of the senate, and the chairpersons of the house and	3693
senate committees principally responsible for education matters	3694
regarding the effectiveness of academic programs, operations, and	3695
legal compliance and of the financial condition of all community	3696
schools established under this chapter and on the performance of	3697
community school sponsors;	3698

(5) From time to time, make legislative recommendations to	3699
the general assembly designed to enhance the operation and	3700
performance of community schools.	3701

(B)(1) Except as provided in sections 3314.021 and 3314.027	3702
of the Revised Code, no entity listed in division (C)(1) of	3703
section 3314.02 of the Revised Code shall enter into a preliminary	3704
agreement under division (C)(2) of section 3314.02 of the Revised	3705
Code until it has received approval from the department of	3706
education to sponsor community schools under this chapter and has	3707
entered into a written agreement with the department regarding the	3708
manner in which the entity will conduct such sponsorship. The	3709
department shall adopt in accordance with Chapter 119. of the	3710
Revised Code rules containing criteria, procedures, and deadlines	3711
for processing applications for such approval, for oversight of	3712
sponsors, for revocation of the approval of sponsors, and for	3713
entering into written agreements with sponsors. The rules shall	3714
require an entity to submit evidence of the entity's ability and	3715
willingness to comply with the provisions of division (D) of	3716
section 3314.03 of the Revised Code. The rules also shall require	3717
entities approved as sponsors on and after June 30, 2005, to	3718
demonstrate a record of financial responsibility and successful	3719
implementation of educational programs. If an entity seeking	3720
approval on or after June 30, 2005, to sponsor community schools	3721
in this state sponsors or operates schools in another state, at	3722
least one of the schools sponsored or operated by the entity must	3723
be comparable to or better than the performance of Ohio schools in	3724
need of continuous improvement or rated "C" under section 3302.03	3725
of the Revised Code, as determined by the department.	3726

Subject to section 3314.016 of the Revised Code, an entity	3727
that sponsors community schools may enter into preliminary	3728
agreements and sponsor up to one hundred schools, provided each	3729
school and the contract for sponsorship meets the requirements of	3730
this chapter.	3731

(2) The department of education shall determine, pursuant to	3732
criteria adopted by rule of the department, whether the mission	3733
proposed to be specified in the contract of a community school to	3734
be sponsored by a state university board of trustees or the	3735
board's designee under division (C)(1)(e) of section 3314.02 of	3736
the Revised Code complies with the requirements of that division.	3737
Such determination of the department is final.	3738

(3) The department of education shall determine, pursuant to	3739
criteria adopted by rule of the department, if any tax-exempt	3740
entity under section 501(c)(3) of the Internal Revenue Code that	3741
is proposed to be a sponsor of a community school is an	3742
education-oriented entity for purpose of satisfying the condition	3743
prescribed in division (C)(1)(f)(iii) of section 3314.02 of the	3744
Revised Code. Such determination of the department is final.	3745

(C) If at any time the state board of education finds that a	3746
sponsor is not in compliance or is no longer willing to comply	3747
with its contract with any community school or with the	3748
department's rules for sponsorship, the state board or designee	3749
shall conduct a hearing in accordance with Chapter 119. of the	3750
Revised Code on that matter. If after the hearing, the state board	3751
or designee has confirmed the original finding, the department of	3752
education may revoke the sponsor's approval to sponsor community	3753
schools ~~and~~. In that case, the department's office of Ohio school	3754
sponsorship, established under section 3314.029 of the Revised	3755
Code, may assume the sponsorship of any schools with which the	3756
sponsor has contracted until the earlier of the expiration of two	3757
school years or until a new sponsor as described in division	3758
(C)(1) of section 3314.02 of the Revised Code is secured by the	3759
school's governing authority. The ~~department~~office of Ohio school	3760
sponsorship may extend the term of the contract in the case of a	3761
school for which it has assumed sponsorship under this division as	3762
necessary to accommodate the term of the department's	3763
authorization to sponsor the school specified in this division.	3764
Community schools sponsored under this division shall not apply to	3765
the limit on directly authorized community schools under division	3766
(A)(3) of section 3314.029 of the Revised Code. However, nothing	3767
in this division shall preclude a community school affected by	3768
this division from applying for sponsorship under that section.	3769

(D) The decision of the department to disapprove an entity	3770
for sponsorship of a community school or to revoke approval for	3771
such sponsorship under division (C) of this section, may be	3772
appealed by the entity in accordance with section 119.12 of the	3773
Revised Code.	3774

(E) The department shall adopt procedures for use by a	3775
community school governing authority and sponsor when the school	3776
permanently closes and ceases operation, which shall include at	3777
least procedures for data reporting to the department, handling of	3778
student records, distribution of assets in accordance with section	3779
3314.074 of the Revised Code, and other matters related to ceasing	3780
operation of the school.	3781

(F) In carrying out its duties under this chapter, the	3782
department shall not impose requirements on community schools or	3783
their sponsors that are not permitted by law or duly adopted	3784
rules.	3785

Sec. 3314.016. (A) As used in this section, "performance	3786
index score" has the same meaning as in section 3302.01 of the	3787
Revised Code.	3788

(B) This section applies to any entity that sponsors a	3789
community school, regardless of whether section 3314.021 or	3790
3314.027 of the Revised Code exempts the entity from the	3791
requirement to be approved for sponsorship under divisions (A)(2)	3792
and (B)(1) of section 3314.015 of the Revised Code.	3793

~~(A) An~~(C) No entity that sponsors a community school shall	3794
be permitted to enter into contracts under section 3314.03 of the	3795
Revised Code to sponsor additional community schools ~~only~~ if the	3796
entity ~~meets both of the following criteria:~~	3797

~~(1) The entity~~ is not in compliance with all provisions of	3798
this chapter requiring sponsors of community schools to report	3799
data or information to the department of education.	3800

~~(2) The~~(D) No entity that sponsors a conversion community	3801
school shall be permitted to enter into contracts under section	3802
3314.03 of the Revised Code to sponsor additional conversion	3803
schools if the entity is ranked in the lowest twenty per cent of	3804
community school sponsors on the ranking prescribed by division	3805
(F)(1) of this section.	3806

(E) No entity that sponsors a new start-up community school	3807
shall be permitted to enter into contracts under section 3314.03	3808
of the Revised Code to sponsor additional new start-up schools if	3809
the entity is ~~not~~ ranked in the lowest twenty per cent of	3810
community school sponsors on the ranking prescribed by division	3811
~~(B)~~(F)(2) of this section.	3812

~~(B)~~(F) For purposes of this section, the department shall	3813
~~develop~~do both of the following:	3814

(1) Develop a composite performance index score~~, as defined~~	3815
~~in section 3302.01 of the Revised Code,~~ that measures the academic	3816
performance of students enrolled in conversion community schools	3817
sponsored by the same entity and annually rank all entities that	3818
sponsor conversion schools from highest to lowest according to the	3819
entities' scores;	3820

(2) Develop a composite performance index score that measures	3821
the academic performance of students enrolled in new start-up	3822
community schools sponsored by the same entity and annually rank	3823
all entities that sponsor new start-up schools from highest to	3824
lowest according to the entities' scores. In	3825

In calculating ~~the~~ composite performance index ~~score~~scores	3826
under division (F) of this section, the department shall exclude	3827
all community schools described in division (A)(3) of section	3828
3314.35 of the Revised Code~~, but the department shall cease to~~	3829
~~exclude those schools beginning January 1, 2013, if the general~~	3830
~~assembly does not enact by that date separate performance~~	3831
~~standards for community schools that operate dropout prevention~~	3832
~~and recovery programs and for community schools that serve~~	3833
~~students with disabilities~~. The department ~~annually~~ shall ~~rank all~~	3834
~~entities that sponsor community schools from highest to lowest~~	3835
~~according to the entities' composite performance index scores~~	3836
publish the rankings required by division (F) of this section	3837
between the first day of October and the fifteenth day of October.	3838

~~(C)~~(G)(1) If the governing authority of a community school	3839
enters into a contract with a sponsor prior to the date on which	3840
the sponsor is prohibited from sponsoring additional schools under	3841
division ~~(A)~~(C) of this section and the school has not opened for	3842
operation as of that date, that contract shall be void and the	3843
school shall not open until the governing authority secures a new	3844
sponsor by entering into a contract with the new sponsor under	3845
section 3314.03 of the Revised Code.	3846

(2) If the governing authority of a conversion community	3847
school enters into a contract with a sponsor prior to the date on	3848
which the sponsor is prohibited from sponsoring additional	3849
conversion schools under division (D) of this section and the	3850
school has not opened for operation as of that date, that contract	3851
shall be void and the school shall not open until the governing	3852
authority secures a new sponsor by entering into a contract with	3853
the new sponsor under section 3314.03 of the Revised Code.	3854

(3) If the governing authority of a new start-up community	3855
school enters into a contract with a sponsor prior to the date on	3856
which the sponsor is prohibited from sponsoring additional new	3857
start-up schools under division (E) of this section and the school	3858
has not opened for operation as of that date, that contract shall	3859
be void and the school shall not open until the governing	3860
authority secures a new sponsor by entering into a contract with	3861
the new sponsor under section 3314.03 of the Revised Code.	3862

Sec. 3314.02. (A) As used in this chapter:

3863

(1) "Sponsor" means an entity listed in division (C)(1) of	3864
this section, which has been approved by the department of	3865
education to sponsor community schools and with which the	3866
governing authority of the proposed community school enters into a	3867
contract pursuant to this section.	3868

(2) "Pilot project area" means the school districts included	3869
in the territory of the former community school pilot project	3870
established by former Section 50.52 of Am. Sub. H.B. No. 215 of	3871
the 122nd general assembly.	3872

(3) "Challenged school district" means any of the following:

3873

(a) A school district that is part of the pilot project area;

3874

(b) A school district that is either in a state of academic	3875
emergency or in a state of academic watch or rated "F" or "D"	3876
under section 3302.03 of the Revised Code;	3877

3878

(d) A school district ranked in the lowest five per cent of	3879
school districts according to performance index score under	3880
section 3302.21 of the Revised Code.	3881

(4) "Big eight school district" means a school district that	3882
for fiscal year 1997 had both of the following:	3883

(a) A percentage of children residing in the district and	3884
participating in the predecessor of Ohio works first greater than	3885
thirty per cent, as reported pursuant to section 3317.10 of the	3886
Revised Code;	3887

(b) An average daily membership greater than twelve thousand,	3888
as reported pursuant to former division (A) of section 3317.03 of	3889
the Revised Code.	3890

(5) "New start-up school" means a community school other than	3891
one created by converting all or part of an existing public school	3892
or educational service center building, as designated in the	3893
school's contract pursuant to division (A)(17) of section 3314.03	3894
of the Revised Code.	3895

(6) "Urban school district" means one of the state's	3896
twenty-one urban school districts as defined in division (O) of	3897
section 3317.02 of the Revised Code as that section existed prior	3898
to July 1, 1998.	3899

(7) "Internet- or computer-based community school" means a	3900
community school established under this chapter in which the	3901
enrolled students work primarily from their residences on	3902
assignments in nonclassroom-based learning opportunities provided	3903
via an internet- or other computer-based instructional method that	3904
does not rely on regular classroom instruction or via	3905
comprehensive instructional methods that include internet-based,	3906
other computer-based, and noncomputer-based learning	3907
opportunities.	3908

(8) "Operator" means either of the following:

3909

(a) An individual or organization that manages the daily	3910
operations of a community school pursuant to a contract between	3911
the operator and the school's governing authority;	3912

(b) A nonprofit organization that provides programmatic	3913
oversight and support to a community school under a contract with	3914
the school's governing authority and that retains the right to	3915
terminate its affiliation with the school if the school fails to	3916
meet the organization's quality standards.	3917

(B) Any person or group of individuals may initially propose	3918
under this division the conversion of all or a portion of a public	3919
school or a building operated by an educational service center to	3920
a community school. The proposal shall be made to the board of	3921
education of the city, local, exempted village, or joint	3922
vocational school district in which the public school is proposed	3923
to be converted or, in the case of the conversion of a building	3924
operated by an educational service center, to the governing board	3925
of the service center. Upon receipt of a proposal, a board may	3926
enter into a preliminary agreement with the person or group	3927
proposing the conversion of the public school or service center	3928
building, indicating the intention of the board to support the	3929
conversion to a community school. A proposing person or group that	3930
has a preliminary agreement under this division may proceed to	3931
finalize plans for the school, establish a governing authority for	3932
the school, and negotiate a contract with the board. Provided the	3933
proposing person or group adheres to the preliminary agreement and	3934
all provisions of this chapter, the board shall negotiate in good	3935
faith to enter into a contract in accordance with section 3314.03	3936
of the Revised Code and division (C) of this section.	3937

(C)(1) Any person or group of individuals may propose under	3938
this division the establishment of a new start-up school to be	3939
located in a challenged school district. The proposal may be made	3940
to any of the following entities:	3941

(a) The board of education of the district in which the	3942
school is proposed to be located;	3943

(b) The board of education of any joint vocational school	3944
district with territory in the county in which is located the	3945
majority of the territory of the district in which the school is	3946
proposed to be located;	3947

(c) The board of education of any other city, local, or	3948
exempted village school district having territory in the same	3949
county where the district in which the school is proposed to be	3950
located has the major portion of its territory;	3951

(d) The governing board of any educational service center, as	3952
long as the proposed school will be located in a county within the	3953
territory of the service center or in a county contiguous to such	3954
county;	3955

(e) A sponsoring authority designated by the board of	3956
trustees of any of the thirteen state universities listed in	3957
section 3345.011 of the Revised Code or the board of trustees	3958
itself as long as a mission of the proposed school to be specified	3959
in the contract under division (A)(2) of section 3314.03 of the	3960
Revised Code and as approved by the department of education under	3961
division (B)(2) of section 3314.015 of the Revised Code will be	3962
the practical demonstration of teaching methods, educational	3963
technology, or other teaching practices that are included in the	3964
curriculum of the university's teacher preparation program	3965
approved by the state board of education;	3966

(f) Any qualified tax-exempt entity under section 501(c)(3)	3967
of the Internal Revenue Code as long as all of the following	3968
conditions are satisfied:	3969

(i) The entity has been in operation for at least five years	3970
prior to applying to be a community school sponsor.	3971

(ii) The entity has assets of at least five hundred thousand	3972
dollars and a demonstrated record of financial responsibility.	3973

(iii) The department of education has determined that the	3974
entity is an education-oriented entity under division (B)(3) of	3975
section 3314.015 of the Revised Code and the entity has a	3976
demonstrated record of successful implementation of educational	3977
programs.	3978

(iv) The entity is not a community school.

3979

Any entity described in division (C)(1) of this section may	3980
enter into a preliminary agreement pursuant to division (C)(2) of	3981
this section with the proposing person or group.	3982

(2) A preliminary agreement indicates the intention of an	3983
entity described in division (C)(1) of this section to sponsor the	3984
community school. A proposing person or group that has such a	3985
preliminary agreement may proceed to finalize plans for the	3986
school, establish a governing authority as described in division	3987
(E) of this section for the school, and negotiate a contract with	3988
the entity. Provided the proposing person or group adheres to the	3989
preliminary agreement and all provisions of this chapter, the	3990
entity shall negotiate in good faith to enter into a contract in	3991
accordance with section 3314.03 of the Revised Code.	3992

(3) A new start-up school that is established in a school	3993
district while that district is ~~either~~ in a state of academic	3994
emergency or in a state of academic watch or rated "F" or "D"	3995
under section 3302.03 of the Revised Code or is ranked in the	3996
lowest five per cent according to performance index score under	3997
section 3302.21 of the Revised Code may continue in existence once	3998
the school district is no longer in a state of academic emergency	3999
or academic watch, is rated "F" or "D," or ranked in the lowest	4000
five per cent according to performance index score, provided there	4001
is a valid contract between the school and a sponsor.	4002

(4) A copy of every preliminary agreement entered into under	4003
this division shall be filed with the superintendent of public	4004
instruction.	4005

(D) A majority vote of the board of a sponsoring entity and a	4006
majority vote of the members of the governing authority of a	4007
community school shall be required to adopt a contract and convert	4008
the public school or educational service center building to a	4009
community school or establish the new start-up school. Beginning	4010
September 29, 2005, adoption of the contract shall occur not later	4011
than the fifteenth day of March, and signing of the contract shall	4012
occur not later than the fifteenth day of May, prior to the school	4013
year in which the school will open. The governing authority shall	4014
notify the department of education when the contract has been	4015
signed. Subject to sections 3314.013 and 3314.016 of the Revised	4016
Code, an unlimited number of community schools may be established	4017
in any school district provided that a contract is entered into	4018
for each community school pursuant to this chapter.	4019

(E)(1) As used in this division, "immediate relatives" are	4020
limited to spouses, children, parents, grandparents, siblings, and	4021
in-laws.	4022

Each new start-up community school established under this	4023
chapter shall be under the direction of a governing authority	4024
which shall consist of a board of not less than five individuals.	4025

No person shall serve on the governing authority or operate	4026
the community school under contract with the governing authority	4027
so long as the person owes the state any money or is in a dispute	4028
over whether the person owes the state any money concerning the	4029
operation of a community school that has closed.	4030

(2) No person shall serve on the governing authorities of	4031
more than two start-up community schools at the same time.	4032

(3) No present or former member, or immediate relative of a	4033
present or former member, of the governing authority of any	4034
community school established under this chapter shall be an owner,	4035
employee, or consultant of any sponsor or operator of a community	4036
school, unless at least one year has elapsed since the conclusion	4037
of the person's membership.	4038

(4) The governing authority of a start-up community school	4039
may provide by resolution for the compensation of its members.	4040
However, no individual who serves on the governing authority of a	4041
start-up community school shall be compensated more than four	4042
hundred twenty-five dollars per meeting of that governing	4043
authority and no such individual shall be compensated more than a	4044
total amount of five thousand dollars per year for all governing	4045
authorities upon which the individual serves.	4046

(F)(1) A new start-up school that is established prior to	4047
August 15, 2003, in an urban school district that is not also a	4048
big-eight school district may continue to operate after that date	4049
and the contract between the school's governing authority and the	4050
school's sponsor may be renewed, as provided under this chapter,	4051
after that date, but no additional new start-up schools may be	4052
established in such a district unless the district is a challenged	4053
school district as defined in this section as it exists on and	4054
after that date.	4055

(2) A community school that was established prior to June 29,	4056
1999, and is located in a county contiguous to the pilot project	4057
area and in a school district that is not a challenged school	4058
district may continue to operate after that date, provided the	4059
school complies with all provisions of this chapter. The contract	4060
between the school's governing authority and the school's sponsor	4061
may be renewed, but no additional start-up community school may be	4062
established in that district unless the district is a challenged	4063
school district.	4064

(3) Any educational service center that, on June 30, 2007,	4065
sponsors a community school that is not located in a county within	4066
the territory of the service center or in a county contiguous to	4067
such county may continue to sponsor that community school on and	4068
after June 30, 2007, and may renew its contract with the school.	4069
However, the educational service center shall not enter into a	4070
contract with any additional community school unless the school is	4071
located in a county within the territory of the service center or	4072
in a county contiguous to such county.	4073

Sec. 3314.028. (A) Notwithstanding any provision of this	4074
chapter to the contrary, beginning in the 2009-2010 school year, a	4075
community school that meets the following conditions may operate	4076
from the facility in which the school was located in the 2008-2009	4077
school year and shall not be required to locate to another school	4078
district:	4079

(1) The school was located in the facility for at least the	4080
three school years prior to the 2009-2010 school year.	4081

(2) The school's sponsor is a school district that is	4082
adjacent to the school district in which the school is located.	4083

(3) The school's education program emphasizes serving	4084
students identified as gifted under Chapter 3324. of the Revised	4085
Code.	4086

(4) The school has been rated in need of continuous	4087
improvement or higher or "C" or higher under section 3302.03 of	4088
the Revised Code for the previous three school years.	4089

(B) Notwithstanding any provision of this chapter to the	4090
contrary, a community school described in division (A) of this	4091
section may operate as a conversion school.	4092

(C) Notwithstanding any provision of this chapter to the	4093
contrary, in accordance with section 3314.03 of the Revised Code,	4094
the governing authority of a community school described in	4095
division (A) of this section may enter into a contract for the	4096
2010-2011 school year and later with a different sponsor that is	4097
one of the following entities, provided the school was rated in	4098
need of continuous improvement or better under section 3302.03 of	4099
the Revised Code for the 2008-2009 school year and the sponsor	4100
described in division (A)(2) of this section approves the change	4101
in sponsorship:	4102

(1) The board of education of a city, exempted village,	4103
local, or joint vocational school district;	4104

(2) The governing board of an educational service center;

4105

(3) A sponsoring authority designated by the board of	4106
trustees of a state university listed in section 3345.011 of the	4107
Revised Code or the board of trustees itself.	4108

Sec. 3314.03. A copy of every contract entered into under	4109
this section shall be filed with the superintendent of public	4110
instruction.	4111

(A) Each contract entered into between a sponsor and the	4112
governing authority of a community school shall specify the	4113
following:	4114

(1) That the school shall be established as either of the	4115
following:	4116

(a) A nonprofit corporation established under Chapter 1702.	4117
of the Revised Code, if established prior to April 8, 2003;	4118

(b) A public benefit corporation established under Chapter	4119
1702. of the Revised Code, if established after April 8, 2003.	4120

(2) The education program of the school, including the	4121
school's mission, the characteristics of the students the school	4122
is expected to attract, the ages and grades of students, and the	4123
focus of the curriculum;	4124

(3) The academic goals to be achieved and the method of	4125
measurement that will be used to determine progress toward those	4126
goals, which shall include the statewide achievement assessments;	4127

(4) Performance standards by which the success of the school	4128
will be evaluated by the sponsor;	4129

(5) The admission standards of section 3314.06 of the Revised	4130
Code and, if applicable, section 3314.061 of the Revised Code;	4131

(6)(a) Dismissal procedures;

4132

(b) A requirement that the governing authority adopt an	4133
attendance policy that includes a procedure for automatically	4134
withdrawing a student from the school if the student without a	4135
legitimate excuse fails to participate in one hundred five	4136
consecutive hours of the learning opportunities offered to the	4137
student.	4138

(7) The ways by which the school will achieve racial and	4139
ethnic balance reflective of the community it serves;	4140

(8) Requirements for financial audits by the auditor of	4141
state. The contract shall require financial records of the school	4142
to be maintained in the same manner as are financial records of	4143
school districts, pursuant to rules of the auditor of state.	4144
Audits shall be conducted in accordance with section 117.10 of the	4145
Revised Code.	4146

(9) The facilities to be used and their locations;

4147

(10) Qualifications of teachers, including the following:

4148

(a) A requirement that the school's classroom teachers be	4149
licensed in accordance with sections 3319.22 to 3319.31 of the	4150
Revised Code, except that a community school may engage	4151
noncertificated persons to teach up to twelve hours per week	4152
pursuant to section 3319.301 of the Revised Code;	4153

(b) A requirement that each classroom teacher initially hired	4154
by the school on or after July 1, 2013, and employed to provide	4155
instruction in physical education hold a valid license issued	4156
pursuant to section 3319.22 of the Revised Code for teaching	4157
physical education.	4158

(11) That the school will comply with the following	4159
requirements:	4160

(a) The school will provide learning opportunities to a	4161
minimum of twenty-five students for a minimum of nine hundred	4162
twenty hours per school year.	4163

(b) The governing authority will purchase liability	4164
insurance, or otherwise provide for the potential liability of the	4165
school.	4166

(c) The school will be nonsectarian in its programs,	4167
admission policies, employment practices, and all other	4168
operations, and will not be operated by a sectarian school or	4169
religious institution.	4170

(d) The school will comply with sections 9.90, 9.91, 109.65,	4171
121.22, 149.43, 2151.357, 2151.421, 2313.19, 3301.0710, 3301.0711,	4172
3301.0712, 3301.0715, 3313.472, 3313.50, 3313.536, 3313.608,	4173
3313.609, 3313.6012, 3313.6013, 3313.6014, 3313.6015, 3313.643,	4174
3313.648, 3313.66, 3313.661, 3313.662, 3313.666, 3313.667,	4175
3313.67, 3313.671, 3313.672, 3313.673, 3313.69, 3313.71, 3313.716,	4176
3313.718, 3313.719, 3313.80, 3313.814, 3313.816, 3313.817,	4177
3313.86, 3313.96, 3319.073, 3319.321, 3319.39, 3319.391, 3319.41,	4178
3321.01, 3321.041, 3321.13, 3321.14, 3321.17, 3321.18, 3321.19,	4179
3321.191, 3327.10, 4111.17, 4113.52, and 5705.391 and Chapters	4180
117., 1347., 2744., 3365., 3742., 4112., 4123., 4141., and 4167.	4181
of the Revised Code as if it were a school district and will	4182
comply with section 3301.0714 of the Revised Code in the manner	4183
specified in section 3314.17 of the Revised Code.	4184

(e) The school shall comply with Chapter 102. and section	4185
2921.42 of the Revised Code.	4186

(f) The school will comply with sections 3313.61, 3313.611,	4187
and 3313.614 of the Revised Code, except that for students who	4188
enter ninth grade for the first time before July 1, 2010, the	4189
requirement in sections 3313.61 and 3313.611 of the Revised Code	4190
that a person must successfully complete the curriculum in any	4191
high school prior to receiving a high school diploma may be met by	4192
completing the curriculum adopted by the governing authority of	4193
the community school rather than the curriculum specified in Title	4194
XXXIII of the Revised Code or any rules of the state board of	4195
education. Beginning with students who enter ninth grade for the	4196
first time on or after July 1, 2010, the requirement in sections	4197
3313.61 and 3313.611 of the Revised Code that a person must	4198
successfully complete the curriculum of a high school prior to	4199
receiving a high school diploma shall be met by completing the	4200
Ohio core curriculum prescribed in division (C) of section	4201
3313.603 of the Revised Code, unless the person qualifies under	4202
division (D) or (F) of that section. Each school shall comply with	4203
the plan for awarding high school credit based on demonstration of	4204
subject area competency, adopted by the state board of education	4205
under division (J) of section 3313.603 of the Revised Code.	4206

(g) The school governing authority will submit within four	4207
months after the end of each school year a report of its	4208
activities and progress in meeting the goals and standards of	4209
divisions (A)(3) and (4) of this section and its financial status	4210
to the sponsor and the parents of all students enrolled in the	4211
school.	4212

(h) The school, unless it is an internet- or computer-based	4213
community school, will comply with sections 3313.674 and 3313.801	4214
of the Revised Code as if it were a school district.	4215

(i) If the school is the recipient of moneys from a grant	4216
awarded under the federal race to the top program, Division (A),	4217
Title XIV, Sections 14005 and 14006 of the "American Recovery and	4218
Reinvestment Act of 2009," Pub. L. No. 111-5, 123 Stat. 115, the	4219
school will pay teachers based upon performance in accordance with	4220
section 3317.141 and will comply with section 3319.111 of the	4221
Revised Code as if it were a school district.	4222

(12) Arrangements for providing health and other benefits to	4223
employees;	4224

(13) The length of the contract, which shall begin at the	4225
beginning of an academic year. No contract shall exceed five years	4226
unless such contract has been renewed pursuant to division (E) of	4227
this section.	4228

(14) The governing authority of the school, which shall be	4229
responsible for carrying out the provisions of the contract;	4230

(15) A financial plan detailing an estimated school budget	4231
for each year of the period of the contract and specifying the	4232
total estimated per pupil expenditure amount for each such year.	4233
The plan shall specify for each year the base formula amount that	4234
will be used for purposes of funding calculations under section	4235
3314.08 of the Revised Code. This base formula amount for any year	4236
shall not exceed the formula amount defined under section 3317.02	4237
of the Revised Code. The plan may also specify for any year a	4238
percentage figure to be used for reducing the per pupil amount of	4239
the subsidy calculated pursuant to section 3317.029 of the Revised	4240
Code the school is to receive that year under section 3314.08 of	4241
the Revised Code.	4242

(16) Requirements and procedures regarding the disposition of	4243
employees of the school in the event the contract is terminated or	4244
not renewed pursuant to section 3314.07 of the Revised Code;	4245

(17) Whether the school is to be created by converting all or	4246
part of an existing public school or educational service center	4247
building or is to be a new start-up school, and if it is a	4248
converted public school or service center building, specification	4249
of any duties or responsibilities of an employer that the board of	4250
education or service center governing board that operated the	4251
school or building before conversion is delegating to the	4252
governing authority of the community school with respect to all or	4253
any specified group of employees provided the delegation is not	4254
prohibited by a collective bargaining agreement applicable to such	4255
employees;	4256

(18) Provisions establishing procedures for resolving	4257
disputes or differences of opinion between the sponsor and the	4258
governing authority of the community school;	4259

(19) A provision requiring the governing authority to adopt a	4260
policy regarding the admission of students who reside outside the	4261
district in which the school is located. That policy shall comply	4262
with the admissions procedures specified in sections 3314.06 and	4263
3314.061 of the Revised Code and, at the sole discretion of the	4264
authority, shall do one of the following:	4265

(a) Prohibit the enrollment of students who reside outside	4266
the district in which the school is located;	4267

(b) Permit the enrollment of students who reside in districts	4268
adjacent to the district in which the school is located;	4269

(c) Permit the enrollment of students who reside in any other	4270
district in the state.	4271

(20) A provision recognizing the authority of the department	4272
of education to take over the sponsorship of the school in	4273
accordance with the provisions of division (C) of section 3314.015	4274
of the Revised Code;	4275

(21) A provision recognizing the sponsor's authority to	4276
assume the operation of a school under the conditions specified in	4277
division (B) of section 3314.073 of the Revised Code;	4278

(22) A provision recognizing both of the following:

4279

(a) The authority of public health and safety officials to	4280
inspect the facilities of the school and to order the facilities	4281
closed if those officials find that the facilities are not in	4282
compliance with health and safety laws and regulations;	4283

(b) The authority of the department of education as the	4284
community school oversight body to suspend the operation of the	4285
school under section 3314.072 of the Revised Code if the	4286
department has evidence of conditions or violations of law at the	4287
school that pose an imminent danger to the health and safety of	4288
the school's students and employees and the sponsor refuses to	4289
take such action.	4290

(23) A description of the learning opportunities that will be	4291
offered to students including both classroom-based and	4292
non-classroom-based learning opportunities that is in compliance	4293
with criteria for student participation established by the	4294
department under division (L)(2) of section 3314.08 of the Revised	4295
Code;	4296

(24) The school will comply with sections 3302.04 and	4297
3302.041 of the Revised Code, except that any action required to	4298
be taken by a school district pursuant to those sections shall be	4299
taken by the sponsor of the school. However, the sponsor shall not	4300
be required to take any action described in division (F) of	4301
section 3302.04 of the Revised Code.	4302

(25) Beginning in the 2006-2007 school year, the school will	4303
open for operation not later than the thirtieth day of September	4304
each school year, unless the mission of the school as specified	4305
under division (A)(2) of this section is solely to serve dropouts.	4306
In its initial year of operation, if the school fails to open by	4307
the thirtieth day of September, or within one year after the	4308
adoption of the contract pursuant to division (D) of section	4309
3314.02 of the Revised Code if the mission of the school is solely	4310
to serve dropouts, the contract shall be void.	4311

(B) The community school shall also submit to the sponsor a	4312
comprehensive plan for the school. The plan shall specify the	4313
following:	4314

(1) The process by which the governing authority of the	4315
school will be selected in the future;	4316

(2) The management and administration of the school;

4317

(3) If the community school is a currently existing public	4318
school or educational service center building, alternative	4319
arrangements for current public school students who choose not to	4320
attend the converted school and for teachers who choose not to	4321
teach in the school or building after conversion;	4322

(4) The instructional program and educational philosophy of	4323
the school;	4324

(5) Internal financial controls.

4325

(C) A contract entered into under section 3314.02 of the	4326
Revised Code between a sponsor and the governing authority of a	4327
community school may provide for the community school governing	4328
authority to make payments to the sponsor, which is hereby	4329
authorized to receive such payments as set forth in the contract	4330
between the governing authority and the sponsor. The total amount	4331
of such payments for oversight and monitoring of the school shall	4332
not exceed three per cent of the total amount of payments for	4333
operating expenses that the school receives from the state.	4334

(D) The contract shall specify the duties of the sponsor	4335
which shall be in accordance with the written agreement entered	4336
into with the department of education under division (B) of	4337
section 3314.015 of the Revised Code and shall include the	4338
following:	4339

(1) Monitor the community school's compliance with all laws	4340
applicable to the school and with the terms of the contract;	4341

(2) Monitor and evaluate the academic and fiscal performance	4342
and the organization and operation of the community school on at	4343
least an annual basis;	4344

(3) Report on an annual basis the results of the evaluation	4345
conducted under division (D)(2) of this section to the department	4346
of education and to the parents of students enrolled in the	4347
community school;	4348

(4) Provide technical assistance to the community school in	4349
complying with laws applicable to the school and terms of the	4350
contract;	4351

(5) Take steps to intervene in the school's operation to	4352
correct problems in the school's overall performance, declare the	4353
school to be on probationary status pursuant to section 3314.073	4354
of the Revised Code, suspend the operation of the school pursuant	4355
to section 3314.072 of the Revised Code, or terminate the contract	4356
of the school pursuant to section 3314.07 of the Revised Code as	4357
determined necessary by the sponsor;	4358

(6) Have in place a plan of action to be undertaken in the	4359
event the community school experiences financial difficulties or	4360
closes prior to the end of a school year.	4361

(E) Upon the expiration of a contract entered into under this	4362
section, the sponsor of a community school may, with the approval	4363
of the governing authority of the school, renew that contract for	4364
a period of time determined by the sponsor, but not ending earlier	4365
than the end of any school year, if the sponsor finds that the	4366
school's compliance with applicable laws and terms of the contract	4367
and the school's progress in meeting the academic goals prescribed	4368
in the contract have been satisfactory. Any contract that is	4369
renewed under this division remains subject to the provisions of	4370
sections 3314.07, 3314.072, and 3314.073 of the Revised Code.	4371

(F) If a community school fails to open for operation within	4372
one year after the contract entered into under this section is	4373
adopted pursuant to division (D) of section 3314.02 of the Revised	4374
Code or permanently closes prior to the expiration of the	4375
contract, the contract shall be void and the school shall not	4376
enter into a contract with any other sponsor. A school shall not	4377
be considered permanently closed because the operations of the	4378
school have been suspended pursuant to section 3314.072 of the	4379
Revised Code.	4380

Sec. 3314.05. (A) The contract between the community school	4381
and the sponsor shall specify the facilities to be used for the	4382
community school and the method of acquisition. Except as provided	4383
in divisions (B)(3) and (4) of this section, no community school	4384
shall be established in more than one school district under the	4385
same contract.	4386

(B) Division (B) of this section shall not apply to internet-	4387
or computer-based community schools.	4388

(1) A community school may be located in multiple facilities	4389
under the same contract only if the limitations on availability of	4390
space prohibit serving all the grade levels specified in the	4391
contract in a single facility or division (B)(2), (3), or (4) of	4392
this section applies to the school. The school shall not offer the	4393
same grade level classrooms in more than one facility.	4394

(2) A community school may be located in multiple facilities	4395
under the same contract and, notwithstanding division (B)(1) of	4396
this section, may assign students in the same grade level to	4397
multiple facilities, as long as all of the following apply:	4398

(a) The governing authority of the community school filed a	4399
copy of its contract with the school's sponsor under section	4400
3314.03 of the Revised Code with the superintendent of public	4401
instruction on or before May 15, 2008.	4402

(b) The school was not open for operation prior to July 1,	4403
2008.	4404

(c) The governing authority has entered into and maintains a	4405
contract with an operator of the type described in division	4406
(A)(8)(b) of section 3314.02 of the Revised Code.	4407

(d) The contract with that operator qualified the school to	4408
be established pursuant to division (A) of former section 3314.016	4409
of the Revised Code.	4410

(e) The school's rating under section 3302.03 of the Revised	4411
Code does not fall below "in need of continuous improvement" or	4412
"C" for two or more consecutive years.	4413

(3) A new start-up community school may be established in two	4414
school districts under the same contract if all of the following	4415
apply:	4416

(a) At least one of the school districts in which the school	4417
is established is a challenged school district;	4418

(b) The school operates not more than one facility in each	4419
school district and, in accordance with division (B)(1) of this	4420
section, the school does not offer the same grade level classrooms	4421
in both facilities; and	4422

(c) Transportation between the two facilities does not	4423
require more than thirty minutes of direct travel time as measured	4424
by school bus.	4425

In the case of a community school to which division (B)(3) of	4426
this section applies, if only one of the school districts in which	4427
the school is established is a challenged school district, that	4428
district shall be considered the school's primary location and the	4429
district in which the school is located for the purposes of	4430
division (A)(19) of section 3314.03 and divisions (C) and (H) of	4431
section 3314.06 of the Revised Code and for all other purposes of	4432
this chapter. If both of the school districts in which the school	4433
is established are challenged school districts, the school's	4434
governing authority shall designate one of those districts to be	4435
considered the school's primary location and the district in which	4436
the school is located for the purposes of those divisions and all	4437
other purposes of this chapter and shall notify the department of	4438
education of that designation.	4439

(4) A community school may be located in multiple facilities	4440
under the same contract and, notwithstanding division (B)(1) of	4441
this section, may assign students in the same grade level to	4442
multiple facilities, as long as both of the following apply:	4443

(a) The facilities are all located in the same county.

4444

(b) The governing authority has entered into and maintains a	4445
contract with an operator.	4446

In the case of a community school to which division (B)(4) of	4447
this section applies and that maintains facilities in more than	4448
one school district, the school's governing authority shall	4449
designate one of those districts to be considered the school's	4450
primary location and the district in which the school is located	4451
for the purposes of division (A)(19) of section 3314.03 and	4452
divisions (C) and (H) of section 3314.06 of the Revised Code and	4453
for all other purposes of this chapter and shall notify the	4454
department of that designation.	4455

(5) Any facility used for a community school shall meet all	4456
health and safety standards established by law for school	4457
buildings.	4458

(C) In the case where a community school is proposed to be	4459
located in a facility owned by a school district or educational	4460
service center, the facility may not be used for such community	4461
school unless the district or service center board owning the	4462
facility enters into an agreement for the community school to	4463
utilize the facility. Use of the facility may be under any terms	4464
and conditions agreed to by the district or service center board	4465
and the school.	4466

(D) Two or more separate community schools may be located in	4467
the same facility.	4468

(E) In the case of a community school that is located in	4469
multiple facilities, beginning July 1, 2012, the department shall	4470
assign a unique identification number to the school and to each	4471
facility maintained by the school. Each number shall be used for	4472
identification purposes only. Nothing in this division shall be	4473
construed to require the department to calculate the amount of	4474
funds paid under this chapter, or to compute any data required for	4475
the report cards issued under section 3314.012 of the Revised	4476
Code, for each facility separately. The department shall make all	4477
such calculations or computations for the school as a whole.	4478

Sec. 3314.08. The deductions under division (C) and the	4479
payments under division (D) of this section for fiscal years 2012	4480
and 2013 shall be made in accordance with section 3314.088 of the	4481
Revised Code.	4482

(A) As used in this section:

4483

(1) "Base formula amount" means the amount specified as such	4484
in a community school's financial plan for a school year pursuant	4485
to division (A)(15) of section 3314.03 of the Revised Code.	4486

(2) "IEP" has the same meaning as in section 3323.01 of the	4487
Revised Code.	4488

(3) "Applicable special education weight" means the multiple	4489
specified in section 3317.013 of the Revised Code for a disability	4490
described in that section.	4491

(4) "Applicable vocational education weight" means:

4492

(a) For a student enrolled in vocational education programs	4493
or classes described in division (A) of section 3317.014 of the	4494
Revised Code, the multiple specified in that division;	4495

(b) For a student enrolled in vocational education programs	4496
or classes described in division (B) of section 3317.014 of the	4497
Revised Code, the multiple specified in that division.	4498

(5) "Entitled to attend school" means entitled to attend	4499
school in a district under section 3313.64 or 3313.65 of the	4500
Revised Code.	4501

(6) A community school student is "included in the poverty	4502
student count" of a school district if the student is entitled to	4503
attend school in the district and the student's family receives	4504
assistance under the Ohio works first program.	4505

(7) "Poverty-based assistance reduction factor" means the	4506
percentage figure, if any, for reducing the per pupil amount of	4507
poverty-based assistance a community school is entitled to receive	4508
pursuant to divisions (D)(5) to (9) of this section in any year,	4509
as specified in the school's financial plan for the year pursuant	4510
to division (A)(15) of section 3314.03 of the Revised Code.	4511

(8) "All-day kindergarten" has the same meaning as in section	4512
3321.05 of the Revised Code.	4513

(9) "State education aid" has the same meaning as in section	4514
5751.20 of the Revised Code.	4515

(B) The state board of education shall adopt rules requiring	4516
both of the following:	4517

(1) The board of education of each city, exempted village,	4518
and local school district to annually report the number of	4519
students entitled to attend school in the district who are	4520
enrolled in grades one through twelve in a community school	4521
established under this chapter, the number of students entitled to	4522
attend school in the district who are enrolled in kindergarten in	4523
a community school, the number of those kindergartners who are	4524
enrolled in all-day kindergarten in their community school, and	4525
for each child, the community school in which the child is	4526
enrolled.	4527

(2) The governing authority of each community school	4528
established under this chapter to annually report all of the	4529
following:	4530

(a) The number of students enrolled in grades one through	4531
twelve and the number of students enrolled in kindergarten in the	4532
school who are not receiving special education and related	4533
services pursuant to an IEP;	4534

(b) The number of enrolled students in grades one through	4535
twelve and the number of enrolled students in kindergarten, who	4536
are receiving special education and related services pursuant to	4537
an IEP;	4538

(c) The number of students reported under division (B)(2)(b)	4539
of this section receiving special education and related services	4540
pursuant to an IEP for a disability described in each of divisions	4541
(A) to (F) of section 3317.013 of the Revised Code;	4542

(d) The full-time equivalent number of students reported	4543
under divisions (B)(2)(a) and (b) of this section who are enrolled	4544
in vocational education programs or classes described in each of	4545
divisions (A) and (B) of section 3317.014 of the Revised Code that	4546
are provided by the community school;	4547

(e) Twenty per cent of the number of students reported under	4548
divisions (B)(2)(a) and (b) of this section who are not reported	4549
under division (B)(2)(d) of this section but who are enrolled in	4550
vocational education programs or classes described in each of	4551
divisions (A) and (B) of section 3317.014 of the Revised Code at a	4552
joint vocational school district under a contract between the	4553
community school and the joint vocational school district and are	4554
entitled to attend school in a city, local, or exempted village	4555
school district whose territory is part of the territory of the	4556
joint vocational school district;	4557

(f) The number of enrolled preschool children with	4558
disabilities receiving special education services in a	4559
state-funded unit;	4560

(g) The community school's base formula amount;

4561

(h) For each student, the city, exempted village, or local	4562
school district in which the student is entitled to attend school;	4563

(i) Any poverty-based assistance reduction factor that	4564
applies to a school year.	4565

(C) From the state education aid calculated for a city,	4566
exempted village, or local school district and, if necessary, from	4567
the payment made to the district under sections 321.24 and 323.156	4568
of the Revised Code, the department of education shall annually	4569
subtract the sum of the amounts described in divisions (C)(1) to	4570
(9) of this section. However, when deducting payments on behalf of	4571
students enrolled in internet- or computer-based community	4572
schools, the department shall deduct only those amounts described	4573
in divisions (C)(1) and (2) of this section. Furthermore, the	4574
aggregate amount deducted under this division shall not exceed the	4575
sum of the district's state education aid and its payment under	4576
sections 321.24 and 323.156 of the Revised Code.	4577

(1) An amount equal to the sum of the amounts obtained when,	4578
for each community school where the district's students are	4579
enrolled, the number of the district's students reported under	4580
divisions (B)(2)(a), (b), and (e) of this section who are enrolled	4581
in grades one through twelve, and one-half the number of students	4582
reported under those divisions who are enrolled in kindergarten,	4583
in that community school is multiplied by the sum of the base	4584
formula amount of that community school plus the per pupil amount	4585
of the base funding supplements specified in divisions (C)(1) to	4586
(4) of section 3317.012 of the Revised Code.	4587

(2) The sum of the amounts calculated under divisions	4588
(C)(2)(a) and (b) of this section:	4589

(a) For each of the district's students reported under	4590
division (B)(2)(c) of this section as enrolled in a community	4591
school in grades one through twelve and receiving special	4592
education and related services pursuant to an IEP for a disability	4593
described in section 3317.013 of the Revised Code, the product of	4594
the applicable special education weight times the community	4595
school's base formula amount;	4596

(b) For each of the district's students reported under	4597
division (B)(2)(c) of this section as enrolled in kindergarten in	4598
a community school and receiving special education and related	4599
services pursuant to an IEP for a disability described in section	4600
3317.013 of the Revised Code, one-half of the amount calculated as	4601
prescribed in division (C)(2)(a) of this section.	4602

(3) For each of the district's students reported under	4603
division (B)(2)(d) of this section for whom payment is made under	4604
division (D)(4) of this section, the amount of that payment;	4605

(4) An amount equal to the sum of the amounts obtained when,	4606
for each community school where the district's students are	4607
enrolled, the number of the district's students enrolled in that	4608
community school who are included in the district's poverty	4609
student count is multiplied by the per pupil amount of	4610
poverty-based assistance the school district receives that year	4611
pursuant to division (C) of section 3317.029 of the Revised Code,	4612
as adjusted by any poverty-based assistance reduction factor of	4613
that community school. The per pupil amount of that aid for the	4614
district shall be calculated by the department.	4615

(5) An amount equal to the sum of the amounts obtained when,	4616
for each community school where the district's students are	4617
enrolled, the district's per pupil amount of aid received under	4618
division (E) of section 3317.029 of the Revised Code, as adjusted	4619
by any poverty-based assistance reduction factor of the community	4620
school, is multiplied by the sum of the following:	4621

(a) The number of the district's students reported under	4622
division (B)(2)(a) of this section who are enrolled in grades one	4623
to three in that community school and who are not receiving	4624
special education and related services pursuant to an IEP;	4625

(b) One-half of the district's students who are enrolled in	4626
all-day or any other kindergarten class in that community school	4627
and who are not receiving special education and related services	4628
pursuant to an IEP;	4629

(c) One-half of the district's students who are enrolled in	4630
all-day kindergarten in that community school and who are not	4631
receiving special education and related services pursuant to an	4632
IEP.	4633

The district's per pupil amount of aid under division (E) of	4634
section 3317.029 of the Revised Code is the quotient of the amount	4635
the district received under that division divided by the	4636
district's kindergarten through third grade ADM, as defined in	4637
that section.	4638

(6) An amount equal to the sum of the amounts obtained when,	4639
for each community school where the district's students are	4640
enrolled, the district's per pupil amount received under division	4641
(F) of section 3317.029 of the Revised Code, as adjusted by any	4642
poverty-based assistance reduction factor of that community	4643
school, is multiplied by the number of the district's students	4644
enrolled in the community school who are identified as	4645
limited-English proficient.	4646

(7) An amount equal to the sum of the amounts obtained when,	4647
for each community school where the district's students are	4648
enrolled, the district's per pupil amount received under division	4649
(G) of section 3317.029 of the Revised Code, as adjusted by any	4650
poverty-based assistance reduction factor of that community	4651
school, is multiplied by the sum of the following:	4652

(a) The number of the district's students enrolled in grades	4653
one through twelve in that community school;	4654

(b) One-half of the number of the district's students	4655
enrolled in kindergarten in that community school.	4656

The district's per pupil amount under division (G) of section	4657
3317.029 of the Revised Code is the district's amount per teacher	4658
calculated under division (G)(1) or (2) of that section divided by	4659
17.	4660

(8) An amount equal to the sum of the amounts obtained when,	4661
for each community school where the district's students are	4662
enrolled, the district's per pupil amount received under divisions	4663
(H) and (I) of section 3317.029 of the Revised Code, as adjusted	4664
by any poverty-based assistance reduction factor of that community	4665
school, is multiplied by the sum of the following:	4666

(a) The number of the district's students enrolled in grades	4667
one through twelve in that community school;	4668

(b) One-half of the number of the district's students	4669
enrolled in kindergarten in that community school.	4670

The district's per pupil amount under divisions (H) and (I)	4671
of section 3317.029 of the Revised Code is the amount calculated	4672
under each division divided by the district's formula ADM, as	4673
defined in section 3317.02 of the Revised Code.	4674

(9) An amount equal to the per pupil state parity aid funding	4675
calculated for the school district under either division (C) or	4676
(D) of section 3317.0217 of the Revised Code multiplied by the sum	4677
of the number of students in grades one through twelve, and	4678
one-half of the number of students in kindergarten, who are	4679
entitled to attend school in the district and are enrolled in a	4680
community school as reported under division (B)(1) of this	4681
section.	4682

(D) The department shall annually pay to a community school	4683
established under this chapter the sum of the amounts described in	4684
divisions (D)(1) to (10) of this section. However, the department	4685
shall calculate and pay to each internet- or computer-based	4686
community school only the amounts described in divisions (D)(1) to	4687
(3) of this section. Furthermore, the sum of the payments to all	4688
community schools under divisions (D)(1), (2), and (4) to (10) of	4689
this section for the students entitled to attend school in any	4690
particular school district shall not exceed the sum of that	4691
district's state education aid and its payment under sections	4692
321.24 and 323.156 of the Revised Code. If the sum of the payments	4693
calculated under those divisions for the students entitled to	4694
attend school in a particular school district exceeds the sum of	4695
that district's state education aid and its payment under sections	4696
321.24 and 323.156 of the Revised Code, the department shall	4697
calculate and apply a proration factor to the payments to all	4698
community schools under those divisions for the students entitled	4699
to attend school in that district.	4700

(1) An amount equal to the sum of the amounts obtained when	4701
the number of students enrolled in grades one through twelve, plus	4702
one-half of the kindergarten students in the school, reported	4703
under divisions (B)(2)(a), (b), and (e) of this section who are	4704
not receiving special education and related services pursuant to	4705
an IEP for a disability described in section 3317.013 of the	4706
Revised Code is multiplied by the sum of the community school's	4707
base formula amount plus the per pupil amount of the base funding	4708
supplements specified in divisions (C)(1) to (4) of section	4709
3317.012 of the Revised Code.	4710

(2) The sum of the following amounts:

4711

(a) For each student reported under division (B)(2)(c) of	4712
this section as enrolled in the school in grades one through	4713
twelve and receiving special education and related services	4714
pursuant to an IEP for a disability described in section 3317.013	4715
of the Revised Code, the following amount:	4716

(the school's base formula amount plus	4717

the per pupil amount of the base funding supplements specified in	4718

divisions (C)(1) to (4) of section 3317.012 of the Revised Code)	4719

+ (the applicable special education weight X the	4720

community school's base formula amount);	4721

(b) For each student reported under division (B)(2)(c) of	4722
this section as enrolled in kindergarten and receiving special	4723
education and related services pursuant to an IEP for a disability	4724
described in section 3317.013 of the Revised Code, one-half of the	4725
amount calculated under the formula prescribed in division	4726
(D)(2)(a) of this section.	4727

(3) An amount received from federal funds to provide special	4728
education and related services to students in the community	4729
school, as determined by the superintendent of public instruction.	4730

(4) For each student reported under division (B)(2)(d) of	4731
this section as enrolled in vocational education programs or	4732
classes that are described in section 3317.014 of the Revised	4733
Code, are provided by the community school, and are comparable as	4734
determined by the superintendent of public instruction to school	4735
district vocational education programs and classes eligible for	4736
state weighted funding under section 3317.014 of the Revised Code,	4737
an amount equal to the applicable vocational education weight	4738
times the community school's base formula amount times the	4739
percentage of time the student spends in the vocational education	4740
programs or classes.	4741

(5) An amount equal to the sum of the amounts obtained when,	4742
for each school district where the community school's students are	4743
entitled to attend school, the number of that district's students	4744
enrolled in the community school who are included in the	4745
district's poverty student count is multiplied by the per pupil	4746
amount of poverty-based assistance that school district receives	4747
that year pursuant to division (C) of section 3317.029 of the	4748
Revised Code, as adjusted by any poverty-based assistance	4749
reduction factor of the community school. The per pupil amount of	4750
aid shall be determined as described in division (C)(4) of this	4751
section.	4752

(6) An amount equal to the sum of the amounts obtained when,	4753
for each school district where the community school's students are	4754
entitled to attend school, the district's per pupil amount of aid	4755
received under division (E) of section 3317.029 of the Revised	4756
Code, as adjusted by any poverty-based assistance reduction factor	4757
of the community school, is multiplied by the sum of the	4758
following:	4759

(a) The number of the district's students reported under	4760
division (B)(2)(a) of this section who are enrolled in grades one	4761
to three in that community school and who are not receiving	4762
special education and related services pursuant to an IEP;	4763

(b) One-half of the district's students who are enrolled in	4764
all-day or any other kindergarten class in that community school	4765
and who are not receiving special education and related services	4766
pursuant to an IEP;	4767

(c) One-half of the district's students who are enrolled in	4768
all-day kindergarten in that community school and who are not	4769
receiving special education and related services pursuant to an	4770
IEP.	4771

The district's per pupil amount of aid under division (E) of	4772
section 3317.029 of the Revised Code shall be determined as	4773
described in division (C)(5) of this section.	4774

(7) An amount equal to the sum of the amounts obtained when,	4775
for each school district where the community school's students are	4776
entitled to attend school, the number of that district's students	4777
enrolled in the community school who are identified as	4778
limited-English proficient is multiplied by the district's per	4779
pupil amount received under division (F) of section 3317.029 of	4780
the Revised Code, as adjusted by any poverty-based assistance	4781
reduction factor of the community school.	4782

(8) An amount equal to the sum of the amounts obtained when,	4783
for each school district where the community school's students are	4784
entitled to attend school, the district's per pupil amount	4785
received under division (G) of section 3317.029 of the Revised	4786
Code, as adjusted by any poverty-based assistance reduction factor	4787
of the community school, is multiplied by the sum of the	4788
following:	4789

(a) The number of the district's students enrolled in grades	4790
one through twelve in that community school;	4791

(b) One-half of the number of the district's students	4792
enrolled in kindergarten in that community school.	4793

The district's per pupil amount under division (G) of section	4794
3317.029 of the Revised Code shall be determined as described in	4795
division (C)(7) of this section.	4796

(9) An amount equal to the sum of the amounts obtained when,	4797
for each school district where the community school's students are	4798
entitled to attend school, the district's per pupil amount	4799
received under divisions (H) and (I) of section 3317.029 of the	4800
Revised Code, as adjusted by any poverty-based assistance	4801
reduction factor of the community school, is multiplied by the sum	4802
of the following:	4803

(a) The number of the district's students enrolled in grades	4804
one through twelve in that community school;	4805

(b) One-half of the number of the district's students	4806
enrolled in kindergarten in that community school.	4807

The district's per pupil amount under divisions (H) and (I)	4808
of section 3317.029 of the Revised Code shall be determined as	4809
described in division (C)(8) of this section.	4810

(10) An amount equal to the sum of the amounts obtained when,	4811
for each school district where the community school's students are	4812
entitled to attend school, the district's per pupil amount of	4813
state parity aid funding calculated under either division (C) or	4814
(D) of section 3317.0217 of the Revised Code is multiplied by the	4815
sum of the number of that district's students enrolled in grades	4816
one through twelve, and one-half of the number of that district's	4817
students enrolled in kindergarten, in the community school as	4818
reported under divisions (B)(2)(a) and (b) of this section.	4819

(E)(1) If a community school's costs for a fiscal year for a	4820
student receiving special education and related services pursuant	4821
to an IEP for a disability described in divisions (B) to (F) of	4822
section 3317.013 of the Revised Code exceed the threshold	4823
catastrophic cost for serving the student as specified in division	4824
(C)(3)(b) of section 3317.022 of the Revised Code, the school may	4825
submit to the superintendent of public instruction documentation,	4826
as prescribed by the superintendent, of all its costs for that	4827
student. Upon submission of documentation for a student of the	4828
type and in the manner prescribed, the department shall pay to the	4829
community school an amount equal to the school's costs for the	4830
student in excess of the threshold catastrophic costs.	4831

(2) The community school shall only report under division	4832
(E)(1) of this section, and the department shall only pay for, the	4833
costs of educational expenses and the related services provided to	4834
the student in accordance with the student's individualized	4835
education program. Any legal fees, court costs, or other costs	4836
associated with any cause of action relating to the student may	4837
not be included in the amount.	4838

(F) A community school may apply to the department of	4839
education for preschool children with disabilities unit funding	4840
the school would receive if it were a school district. Upon	4841
request of its governing authority, a community school that	4842
received such unit funding as a school district-operated school	4843
before it became a community school shall retain any units awarded	4844
to it as a school district-operated school provided the school	4845
continues to meet eligibility standards for the unit.	4846

A community school shall be considered a school district and	4847
its governing authority shall be considered a board of education	4848
for the purpose of applying to any state or federal agency for	4849
grants that a school district may receive under federal or state	4850
law or any appropriations act of the general assembly. The	4851
governing authority of a community school may apply to any private	4852
entity for additional funds.	4853

(G) A board of education sponsoring a community school may	4854
utilize local funds to make enhancement grants to the school or	4855
may agree, either as part of the contract or separately, to	4856
provide any specific services to the community school at no cost	4857
to the school.	4858

(H) A community school may not levy taxes or issue bonds	4859
secured by tax revenues.	4860

(I) No community school shall charge tuition for the	4861
enrollment of any student.	4862

(J)(1)(a) A community school may borrow money to pay any	4863
necessary and actual expenses of the school in anticipation of the	4864
receipt of any portion of the payments to be received by the	4865
school pursuant to division (D) of this section. The school may	4866
issue notes to evidence such borrowing. The proceeds of the notes	4867
shall be used only for the purposes for which the anticipated	4868
receipts may be lawfully expended by the school.	4869

(b) A school may also borrow money for a term not to exceed	4870
fifteen years for the purpose of acquiring facilities.	4871

(2) Except for any amount guaranteed under section 3318.50 of	4872
the Revised Code, the state is not liable for debt incurred by the	4873
governing authority of a community school.	4874

(K) For purposes of determining the number of students for	4875
which divisions (D)(5) and (6) of this section applies in any	4876
school year, a community school may submit to the department of	4877
job and family services, no later than the first day of March, a	4878
list of the students enrolled in the school. For each student on	4879
the list, the community school shall indicate the student's name,	4880
address, and date of birth and the school district where the	4881
student is entitled to attend school. Upon receipt of a list under	4882
this division, the department of job and family services shall	4883
determine, for each school district where one or more students on	4884
the list is entitled to attend school, the number of students	4885
residing in that school district who were included in the	4886
department's report under section 3317.10 of the Revised Code. The	4887
department shall make this determination on the basis of	4888
information readily available to it. Upon making this	4889
determination and no later than ninety days after submission of	4890
the list by the community school, the department shall report to	4891
the state department of education the number of students on the	4892
list who reside in each school district who were included in the	4893
department's report under section 3317.10 of the Revised Code. In	4894
complying with this division, the department of job and family	4895
services shall not report to the state department of education any	4896
personally identifiable information on any student.	4897

(L) The department of education shall adjust the amounts	4898
subtracted and paid under divisions (C) and (D) of this section to	4899
reflect any enrollment of students in community schools for less	4900
than the equivalent of a full school year. The state board of	4901
education within ninety days after April 8, 2003, shall adopt in	4902
accordance with Chapter 119. of the Revised Code rules governing	4903
the payments to community schools under this section and section	4904
3314.13 of the Revised Code including initial payments in a school	4905
year and adjustments and reductions made in subsequent periodic	4906
payments to community schools and corresponding deductions from	4907
school district accounts as provided under divisions (C) and (D)	4908
of this section and section 3314.13 of the Revised Code. For	4909
purposes of this section and section 3314.13 of the Revised Code:	4910

(1) A student shall be considered enrolled in the community	4911
school for any portion of the school year the student is	4912
participating at a college under Chapter 3365. of the Revised	4913
Code.	4914

(2) A student shall be considered to be enrolled in a	4915
community school for the period of time beginning on the later of	4916
the date on which the school both has received documentation of	4917
the student's enrollment from a parent and the student has	4918
commenced participation in learning opportunities as defined in	4919
the contract with the sponsor, or thirty days prior to the date on	4920
which the student is entered into the education management	4921
information system established under section 3301.0714 of the	4922
Revised Code. For purposes of applying this division and divisions	4923
(L)(3) and (4) of this section to a community school student,	4924
"learning opportunities" shall be defined in the contract, which	4925
shall describe both classroom-based and non-classroom-based	4926
learning opportunities and shall be in compliance with criteria	4927
and documentation requirements for student participation which	4928
shall be established by the department. Any student's instruction	4929
time in non-classroom-based learning opportunities shall be	4930
certified by an employee of the community school. A student's	4931
enrollment shall be considered to cease on the date on which any	4932
of the following occur:	4933

(a) The community school receives documentation from a parent	4934
terminating enrollment of the student.	4935

(b) The community school is provided documentation of a	4936
student's enrollment in another public or private school.	4937

(c) The community school ceases to offer learning	4938
opportunities to the student pursuant to the terms of the contract	4939
with the sponsor or the operation of any provision of this	4940
chapter.	4941

Except as otherwise specified in this paragraph, beginning in	4942
the 2011-2012 school year, any student who completed the prior	4943
school year in an internet- or computer-based community school	4944
shall be considered to be enrolled in the same school in the	4945
subsequent school year until the student's enrollment has ceased	4946
as specified in division (L)(2) of this section. The department	4947
shall continue subtracting and paying amounts for the student	4948
under divisions (C) and (D) of this section without interruption	4949
at the start of the subsequent school year. However, if the	4950
student without a legitimate excuse fails to participate in the	4951
first one hundred five consecutive hours of learning opportunities	4952
offered to the student in that subsequent school year, the student	4953
shall be considered not to have re-enrolled in the school for that	4954
school year and the department shall recalculate the payments to	4955
the school for that school year to account for the fact that the	4956
student is not enrolled.	4957

(3) The department shall determine each community school	4958
student's percentage of full-time equivalency based on the	4959
percentage of learning opportunities offered by the community	4960
school to that student, reported either as number of hours or	4961
number of days, is of the total learning opportunities offered by	4962
the community school to a student who attends for the school's	4963
entire school year. However, no internet- or computer-based	4964
community school shall be credited for any time a student spends	4965
participating in learning opportunities beyond ten hours within	4966
any period of twenty-four consecutive hours. Whether it reports	4967
hours or days of learning opportunities, each community school	4968
shall offer not less than nine hundred twenty hours of learning	4969
opportunities during the school year.	4970

(4) With respect to the calculation of full-time equivalency	4971
under division (L)(3) of this section, the department shall waive	4972
the number of hours or days of learning opportunities not offered	4973
to a student because the community school was closed during the	4974
school year due to disease epidemic, hazardous weather conditions,	4975
law enforcement emergencies, inoperability of school buses or	4976
other equipment necessary to the school's operation, damage to a	4977
school building, or other temporary circumstances due to utility	4978
failure rendering the school building unfit for school use, so	4979
long as the school was actually open for instruction with students	4980
in attendance during that school year for not less than the	4981
minimum number of hours required by this chapter. The department	4982
shall treat the school as if it were open for instruction with	4983
students in attendance during the hours or days waived under this	4984
division.	4985

(M) The department of education shall reduce the amounts paid	4986
under division (D) of this section to reflect payments made to	4987
colleges under division (B) of section 3365.07 of the Revised Code	4988
or through alternative funding agreements entered into under rules	4989
adopted under section 3365.12 of the Revised Code.	4990

(N)(1) No student shall be considered enrolled in any	4991
internet- or computer-based community school or, if applicable to	4992
the student, in any community school that is required to provide	4993
the student with a computer pursuant to division (C) of section	4994
3314.22 of the Revised Code, unless both of the following	4995
conditions are satisfied:	4996

(a) The student possesses or has been provided with all	4997
required hardware and software materials and all such materials	4998
are operational so that the student is capable of fully	4999
participating in the learning opportunities specified in the	5000
contract between the school and the school's sponsor as required	5001
by division (A)(23) of section 3314.03 of the Revised Code;	5002

(b) The school is in compliance with division (A) of section	5003
3314.22 of the Revised Code, relative to such student.	5004

(2) In accordance with policies adopted jointly by the	5005
superintendent of public instruction and the auditor of state, the	5006
department shall reduce the amounts otherwise payable under	5007
division (D) of this section to any community school that includes	5008
in its program the provision of computer hardware and software	5009
materials to any student, if such hardware and software materials	5010
have not been delivered, installed, and activated for each such	5011
student in a timely manner or other educational materials or	5012
services have not been provided according to the contract between	5013
the individual community school and its sponsor.	5014

The superintendent of public instruction and the auditor of	5015
state shall jointly establish a method for auditing any community	5016
school to which this division pertains to ensure compliance with	5017
this section.	5018

The superintendent, auditor of state, and the governor shall	5019
jointly make recommendations to the general assembly for	5020
legislative changes that may be required to assure fiscal and	5021
academic accountability for such schools.	5022

(O)(1) If the department determines that a review of a	5023
community school's enrollment is necessary, such review shall be	5024
completed and written notice of the findings shall be provided to	5025
the governing authority of the community school and its sponsor	5026
within ninety days of the end of the community school's fiscal	5027
year, unless extended for a period not to exceed thirty additional	5028
days for one of the following reasons:	5029

(a) The department and the community school mutually agree to	5030
the extension.	5031

(b) Delays in data submission caused by either a community	5032
school or its sponsor.	5033

(2) If the review results in a finding that additional	5034
funding is owed to the school, such payment shall be made within	5035
thirty days of the written notice. If the review results in a	5036
finding that the community school owes moneys to the state, the	5037
following procedure shall apply:	5038

(a) Within ten business days of the receipt of the notice of	5039
findings, the community school may appeal the department's	5040
determination to the state board of education or its designee.	5041

(b) The board or its designee shall conduct an informal	5042
hearing on the matter within thirty days of receipt of such an	5043
appeal and shall issue a decision within fifteen days of the	5044
conclusion of the hearing.	5045

(c) If the board has enlisted a designee to conduct the	5046
hearing, the designee shall certify its decision to the board. The	5047
board may accept the decision of the designee or may reject the	5048
decision of the designee and issue its own decision on the matter.	5049

(d) Any decision made by the board under this division is	5050
final.	5051

(3) If it is decided that the community school owes moneys to	5052
the state, the department shall deduct such amount from the	5053
school's future payments in accordance with guidelines issued by	5054
the superintendent of public instruction.	5055

(P) The department shall not subtract from a school	5056
district's state aid account under division (C) of this section	5057
and shall not pay to a community school under division (D) of this	5058
section any amount for any of the following:	5059

(1) Any student who has graduated from the twelfth grade of a	5060
public or nonpublic high school;	5061

(2) Any student who is not a resident of the state;

5062

(3) Any student who was enrolled in the community school	5063
during the previous school year when assessments were administered	5064
under section 3301.0711 of the Revised Code but did not take one	5065
or more of the assessments required by that section and was not	5066
excused pursuant to division (C)(1) or (3) of that section, unless	5067
the superintendent of public instruction grants the student a	5068
waiver from the requirement to take the assessment and a parent is	5069
not paying tuition for the student pursuant to section 3314.26 of	5070
the Revised Code. The superintendent may grant a waiver only for	5071
good cause in accordance with rules adopted by the state board of	5072
education.	5073

(4) Any student who has attained the age of twenty-two years,	5074
except for veterans of the armed services whose attendance was	5075
interrupted before completing the recognized twelve-year course of	5076
the public schools by reason of induction or enlistment in the	5077
armed forces and who apply for enrollment in a community school	5078
not later than four years after termination of war or their	5079
honorable discharge. If, however, any such veteran elects to	5080
enroll in special courses organized for veterans for whom tuition	5081
is paid under federal law, or otherwise, the department shall not	5082
subtract from a school district's state aid account under division	5083
(C) of this section and shall not pay to a community school under	5084
division (D) of this section any amount for that veteran.	5085

Sec. 3314.17. (A) Each community school established under	5086
this chapter shall participate in the statewide education	5087
management information system established under section 3301.0714	5088
of the Revised Code. All provisions of that section and the rules	5089
adopted under that section apply to each community school as if it	5090
were a school district, except as modified for community schools	5091
under division (B) of this section. Each community school shall	5092
comply with division ~~(B)~~(C) of section 3301.0723 of the Revised	5093
Code.	5094

(B) The rules adopted by the state board of education under	5095
section 3301.0714 of the Revised Code may distinguish methods and	5096
timelines for community schools to annually report data, which	5097
methods and timelines differ from those prescribed for school	5098
districts. Any methods and timelines prescribed for community	5099
schools shall be appropriate to the academic schedule and	5100
financing of community schools. The guidelines, however, shall not	5101
modify the actual data required to be reported under that section.	5102

(C) Each fiscal officer appointed under section 3314.011 of	5103
the Revised Code is responsible for annually reporting the	5104
community school's data under section 3301.0714 of the Revised	5105
Code. If the superintendent of public instruction determines that	5106
a community school fiscal officer has willfully failed to report	5107
data or has willfully reported erroneous, inaccurate, or	5108
incomplete data in any year, or has negligently reported	5109
erroneous, inaccurate, or incomplete data in the current and any	5110
previous year, the superintendent may impose a civil penalty of	5111
one hundred dollars on the fiscal officer after providing the	5112
officer with notice and an opportunity for a hearing in accordance	5113
with Chapter 119. of the Revised Code. The superintendent's	5114
authority to impose civil penalties under this division does not	5115
preclude the state board of education from suspending or revoking	5116
the license of a community school employee under division (N) of	5117
section 3301.0714 of the Revised Code.	5118

(D) No community school shall acquire, change, or update its	5119
student administration software package to manage and report data	5120
required to be reported to the department unless it converts to a	5121
student software package that is certified by the department.	5122

Sec. 3314.35. (A)(1) Except as provided in division (A)(3)	5123
of this section, this section applies to any community school that	5124
meets one of the following criteria after July 1, 2009, but before	5125
July 1, 2011:	5126

(a) The school does not offer a grade level higher than three	5127
and has been declared to be in a state of academic emergency under	5128
section 3302.03 of the Revised Code for three of the four most	5129
recent school years.	5130

(b) The school satisfies all of the following conditions:

5131

(i) The school offers any of grade levels four to eight but	5132
does not offer a grade level higher than nine.	5133

(ii) The school has been declared to be in a state of	5134
academic emergency under section 3302.03 of the Revised Code for	5135
two of the three most recent school years.	5136

(iii) In at least two of the three most recent school years,	5137
the school showed less than one standard year of academic growth	5138
in either reading or mathematics, as determined by the department	5139
of education in accordance with rules adopted under division (A)	5140
of section 3302.021 of the Revised Code.	5141

(c) The school offers any of grade levels ten to twelve and	5142
has been declared to be in a state of academic emergency under	5143
section 3302.03 of the Revised Code for three of the four most	5144
recent school years.	5145

(2) Except as provided in division (A)(3) of this section,	5146
this section applies to any community school that meets one of the	5147
following criteria after July 1, 2011:	5148

(a) The school does not offer a grade level higher than three	5149
and has been declared to be in a state of academic emergency or	5150
has been rated "F" under section 3302.03 of the Revised Code for	5151
two of the three most recent school years.	5152

(b) The school satisfies all of the following conditions:

5153

(i) The school offers any of grade levels four to eight but	5154
does not offer a grade level higher than nine.	5155

(ii) The school has been declared to be in a state of	5156
academic emergency or has been rated "F" under section 3302.03 of	5157
the Revised Code for two of the three most recent school years.	5158

(iii) In at least two of the three most recent school years,	5159
the school showed less than one standard year of academic growth	5160
in either reading or mathematics, as determined by the department	5161
in accordance with rules adopted under division (A) of section	5162
3302.021 of the Revised Code.	5163

(c) The school offers any of grade levels ten to twelve and	5164
has been declared to be in a state of academic emergency or has	5165
been rated "F" under section 3302.03 of the Revised Code for two	5166
of the three most recent school years.	5167

(3) This section does not apply to ~~either of the following:~~

5168

~~(a) Any community school in which a majority of the students~~	5169
~~are enrolled in a dropout prevention and recovery program that is~~	5170
~~operated by the school and that has been granted a waiver under~~	5171
~~section 3314.36 of the Revised Code;~~	5172

~~(b) Any~~any community school in which a majority of the	5173
enrolled students are children with disabilities receiving special	5174
education and related services in accordance with Chapter 3323. of	5175
the Revised Code.	5176

(B) Any community school to which this section applies shall	5177
permanently close at the conclusion of the school year in which	5178
the school first becomes subject to this section. The sponsor and	5179
governing authority of the school shall comply with all procedures	5180
for closing a community school adopted by the department under	5181
division (E) of section 3314.015 of the Revised Code. The	5182
governing authority of the school shall not enter into a contract	5183
with any other sponsor under section 3314.03 of the Revised Code	5184
after the school closes.	5185

(C) In accordance with division (B) of section 3314.012 of	5186
the Revised Code, the department shall not consider the	5187
performance ratings assigned to a community school for its first	5188
two years of operation when determining whether the school meets	5189
the criteria prescribed by division (A)(1) or (2) of this section.	5190

Sec. 3314.37. (A) A five-year demonstration project is hereby	5191
established at the community schools known as the ISUS institutes.	5192
The project is a research and development initiative to collect	5193
and analyze data with which to improve dropout prevention and	5194
recovery programs, to evaluate various methodologies employed in	5195
those programs, to develop tools and criteria for evaluating	5196
community schools that operate dropout prevention and recovery	5197
programs, to institute stringent accountability measures for such	5198
community schools, and to direct curricular and programming	5199
decisions for such community schools. The program shall begin with	5200
the 2008-2009 school year and shall operate through the 2012-2013	5201
school year.	5202

(B) Under the demonstration project, the ISUS institutes	5203
shall select and pay the costs of an independent evaluator to	5204
create a study plan and collect and analyze data from the	5205
institutes. The ISUS institutes' selection of the independent	5206
evaluator is subject to the approval of the department of	5207
education. The data collected by the evaluator shall include, but	5208
need not be limited to, the following:	5209

(1) Baseline measures of student status at enrollment,	5210
including academic level; history of court involvement, drug use,	5211
and other behavioral problems; and the circumstances of the	5212
students' parenting and living arrangements;	5213

(2) Student academic progress, measured at multiple and	5214
regular intervals each school year;	5215

(3) Value-added elements of the institutes' dropout	5216
prevention and recovery programs, including industry	5217
certifications, college coursework, community service and service	5218
learning, apprenticeships, and internships;	5219

(4) Outcomes in addition to high school graduation, including	5220
students' contributions to community service and students'	5221
transitions to employment, post-secondary training, college, or	5222
the military.	5223

(C) Not later than the thirtieth day of September following	5224
each school year in which the demonstration project is operating,	5225
the independent evaluator shall do both of the following:	5226

(1) Submit to the ISUS institutes and the department all data	5227
collected and a report of its data analysis;	5228

(2) Submit a report of its data analysis to the speaker and	5229
minority leader of the house of representatives, the president and	5230
minority leader of the senate, and the chairpersons and ranking	5231
minority members of the standing committees of the house of	5232
representatives and the senate that consider education	5233
legislation.	5234

(D) For each school year in which the demonstration project	5235
is operating:	5236

(1) The ISUS institutes shall continue to report data through	5237
the education management information system under section 3314.17	5238
of the Revised Code.	5239

(2) The department shall continue to issue annual report	5240
cards for the ISUS institutes under section 3314.012 of the	5241
Revised Code and shall continue to assign them performance ratings	5242
under ~~division (B) of~~ section 3302.03 of the Revised Code.	5243

(E) Nothing in this section prevents the application to the	5244
ISUS institutes, during the demonstration project, of any	5245
provision of the Revised Code or rule or policy of the department	5246
or the state board of education requiring closure, or otherwise	5247
restricting the operation, of a community school based on measures	5248
of academic performance for any school year before or during the	5249
demonstration project. Nothing in this section prevents a sponsor	5250
of an ISUS institute from terminating or not renewing its contract	5251
with the school, from suspending the operations of the school, or	5252
from placing the school on probationary status, in accordance with	5253
this chapter, during the demonstration project. Nothing in this	5254
section prevents the auditor of state from taking action against	5255
an ISUS institute under Chapter 117. of the Revised Code or other	5256
applicable law during the demonstration project.	5257

(F) The department may conduct its own analysis of data	5258
submitted under the demonstration project.	5259

(G) Not later than December 31, 2013, the independent	5260
evaluator shall issue a final report of its findings and analysis	5261
and its recommendations for appropriate academic accountability	5262
measures for community schools that operate dropout prevention and	5263
recovery programs. The independent evaluator shall submit the	5264
report to the department, the speaker and minority leader of the	5265
house of representatives, the president and minority leader of the	5266
senate, and the chairpersons and ranking minority members of the	5267
standing committees of the house of representatives and the senate	5268
that consider education legislation.	5269

Sec. 3317.01. As used in this section, "school district,"	5270
unless otherwise specified, means any city, local, exempted	5271
village, joint vocational, or cooperative education school	5272
district and any educational service center.	5273

This chapter shall be administered by the state board of	5274
education. The superintendent of public instruction shall	5275
calculate the amounts payable to each school district and shall	5276
certify the amounts payable to each eligible district to the	5277
treasurer of the district as provided by this chapter. As soon as	5278
possible after such amounts are calculated, the superintendent	5279
shall certify to the treasurer of each school district the	5280
district's adjusted charge-off increase, as defined in section	5281
5705.211 of the Revised Code. No moneys shall be distributed	5282
pursuant to this chapter without the approval of the controlling	5283
board.	5284

The state board of education shall, in accordance with	5285
appropriations made by the general assembly, meet the financial	5286
obligations of this chapter.	5287

Moneys distributed pursuant to this chapter shall be	5288
calculated and paid on a fiscal year basis, beginning with the	5289
first day of July and extending through the thirtieth day of June.	5290
The moneys appropriated for each fiscal year shall be distributed	5291
periodically to each school district unless otherwise provided	5292
for. The state board, in June of each year, shall submit to the	5293
controlling board the state board's year-end distributions	5294
pursuant to this chapter.	5295

Except as otherwise provided, payments under this chapter	5296
shall be made only to those school districts in which:	5297

(A) The school district, except for any educational service	5298
center and any joint vocational or cooperative education school	5299
district, levies for current operating expenses at least twenty	5300
mills. Levies for joint vocational or cooperative education school	5301
districts or county school financing districts, limited to or to	5302
the extent apportioned to current expenses, shall be included in	5303
this qualification requirement. School district income tax levies	5304
under Chapter 5748. of the Revised Code, limited to or to the	5305
extent apportioned to current operating expenses, shall be	5306
included in this qualification requirement to the extent	5307
determined by the tax commissioner under division (D) of section	5308
3317.021 of the Revised Code.	5309

(B) The school year next preceding the fiscal year for which	5310
such payments are authorized meets the requirement of section	5311
3313.48 or 3313.481 of the Revised Code, with regard to the	5312
minimum number of days or hours school must be open for	5313
instruction with pupils in attendance, for individualized	5314
parent-teacher conference and reporting periods, and for	5315
professional meetings of teachers. This requirement shall be	5316
waived by the superintendent of public instruction if it had been	5317
necessary for a school to be closed because of disease epidemic,	5318
hazardous weather conditions, law enforcement emergencies,	5319
inoperability of school buses or other equipment necessary to the	5320
school's operation, damage to a school building, or other	5321
temporary circumstances due to utility failure rendering the	5322
school building unfit for school use, provided that for those	5323
school districts operating pursuant to section 3313.48 of the	5324
Revised Code the number of days the school was actually open for	5325
instruction with pupils in attendance and for individualized	5326
parent-teacher conference and reporting periods is not less than	5327
one hundred seventy-five, or for those school districts operating	5328
on a trimester plan the number of days the school was actually	5329
open for instruction with pupils in attendance not less than	5330
seventy-nine days in any trimester, for those school districts	5331
operating on a quarterly plan the number of days the school was	5332
actually open for instruction with pupils in attendance not less	5333
than fifty-nine days in any quarter, or for those school districts	5334
operating on a pentamester plan the number of days the school was	5335
actually open for instruction with pupils in attendance not less	5336
than forty-four days in any pentamester.	5337

A school district shall not be considered to have failed to	5338
comply with this division or section 3313.481 of the Revised Code	5339
because schools were open for instruction but either twelfth grade	5340
students were excused from attendance for up to three days or only	5341
a portion of the kindergarten students were in attendance for up	5342
to three days in order to allow for the gradual orientation to	5343
school of such students.	5344

The superintendent of public instruction shall waive the	5345
requirements of this section with reference to the minimum number	5346
of days or hours school must be in session with pupils in	5347
attendance for the school year succeeding the school year in which	5348
a board of education initiates a plan of operation pursuant to	5349
section 3313.481 of the Revised Code. The minimum requirements of	5350
this section shall again be applicable to such a district	5351
beginning with the school year commencing the second July	5352
succeeding the initiation of one such plan, and for each school	5353
year thereafter.	5354

A school district shall not be considered to have failed to	5355
comply with this division or section 3313.48 or 3313.481 of the	5356
Revised Code because schools were open for instruction but the	5357
length of the regularly scheduled school day, for any number of	5358
days during the school year, was reduced by not more than two	5359
hours due to hazardous weather conditions.	5360

A board of education or governing board of an educational	5361
service center which has not conformed with other law and the	5362
rules pursuant thereto, shall not participate in the distribution	5363
of funds authorized by this chapter, except for good and	5364
sufficient reason established to the satisfaction of the state	5365
board of education and the state controlling board.	5366

All funds allocated to school districts under this chapter,	5367
except those specifically allocated for other purposes, shall be	5368
used to pay current operating expenses only.	5369

Sec. 3318.023. Notwithstanding anything to the contrary in	5370
section 3318.02 of the Revised Code, each fiscal year, at the time	5371
that the Ohio school facilities commission conditionally approves	5372
projects of school districts under sections 3318.01 to 3318.20 of	5373
the Revised Code for which it plans to provide assistance under	5374
those sections for that fiscal year, the commission also shall	5375
identify the next ten school districts from lowest to highest in	5376
order of the ranking calculated for the previous fiscal year under	5377
section 3318.011 of the Revised Code that have not yet been	5378
conditionally approved for assistance under sections 3318.01 to	5379
3318.20 of the Revised Code. Those districts shall have priority	5380
in the order of such ranking with the lowest valuation having the	5381
highest priority for future assistance under those sections over	5382
all other school districts, except for districts receiving	5383
assistance under division (B)(2) of section 3318.04, section	5384
3318.37, or section 3318.38 ~~of the Revised Code or~~, districts that	5385
have priority under section 3318.05, or districts offered	5386
assistance under section 3318.364 of the Revised Code.	5387

Sec. 3318.034. (A) This section applies to both of the	5388
following:	5389

(1) Any school district that has not executed an agreement	5390
for a project under sections 3318.01 to 3318.20 of the Revised	5391
Code prior to June 24, 2008;	5392

(2) Any school district that is eligible for additional	5393
assistance under sections 3318.01 to 3318.20 of the Revised Code	5394
pursuant to division (B)(2) of section 3318.04 of the Revised	5395
Code.	5396

Notwithstanding any provision of this chapter to the	5397
contrary, with the approval of the Ohio school facilities	5398
commission, any school district to which this section applies may	5399
opt to divide the district's entire classroom facilities needs, as	5400
those needs are jointly determined by the staff of the commission	5401
and the school district, into discrete segments and shall comply	5402
with all of the provisions of those sections unless otherwise	5403
provided in this section.	5404

(B) Except as provided in division (C) of this section, each	5405
segment shall comply with all of the following:	5406

(1) The segment shall consist of the new construction of one	5407
or more entire buildings or the complete renovation of one or more	5408
entire existing buildings, with any necessary additions to that	5409
building.	5410

(2) The segment shall not include any construction of or	5411
renovation or repair to any building that does not complete the	5412
needs of the district with respect to that particular building at	5413
the time the segment is completed.	5414

(3) The segment shall consist of new construction,	5415
renovations, additions, reconstruction, or repair of classroom	5416
facilities to the extent that the school district portion, as	5417
determined under section 3318.032 of the Revised Code, is an	5418
amount not less than the product of ~~0.040~~0.020 times the	5419
district's valuation at the time the agreement for the segment is	5420
executed, unless the district previously has undertaken a segment	5421
under this section and the district's portion of the estimated	5422
basic project cost of the remainder of its entire classroom	5423
facilities needs, as determined jointly by the staff of the	5424
commission and the district, is less than the amount otherwise	5425
required by this division.	5426

(C) A district described in division (A)(2) of this section	5427
that has not received the additional assistance authorized under	5428
division (B)(2) of section 3318.04 of the Revised Code may	5429
undertake a segment, with commission approval, for the purpose of	5430
renovating or replacing work performed on a facility under the	5431
district's prior project. The commission may approve that segment	5432
if the commission determines that the renovation or replacement is	5433
necessary to protect the facility. The basic project cost of the	5434
segment shall be allocated between the state and the district in	5435
accordance with section 3318.032 of the Revised Code. However, the	5436
requirements of division (B) of this section shall not apply to a	5437
segment undertaken under this division.	5438

(D) The commission shall conditionally approve and seek	5439
controlling board approval in accordance with division (A) of	5440
section 3318.04 of the Revised Code of each segment.	5441

(E) The school district's maintenance levy requirement, as	5442
defined in section 3318.18 of the Revised Code, shall run for	5443
twenty-three years from the date the first segment is undertaken;	5444
however, the maintenance levy requirement does not apply to a	5445
segment undertaken under division (C) of this section.	5446

Sec. 3318.36. (A)(1) As used in this section:

5447

(a) "Ohio school facilities commission," "classroom	5448
facilities," "school district," "school district board," "net	5449
bonded indebtedness," "required percentage of the basic project	5450
costs," "basic project cost," "valuation," and "percentile" have	5451
the same meanings as in section 3318.01 of the Revised Code.	5452

(b) "Required level of indebtedness" means five per cent of	5453
the school district's valuation for the year preceding the year in	5454
which the commission and school district enter into an agreement	5455
under division (B) of this section, plus [two one-hundredths of	5456
one per cent multiplied by (the percentile in which the district	5457
ranks minus one)].	5458

(c) "Local resources" means any moneys generated in any	5459
manner permitted for a school district board to raise the school	5460
district portion of a project undertaken with assistance under	5461
sections 3318.01 to 3318.20 of the Revised Code.	5462

(2) For purposes of determining the required level of	5463
indebtedness, the required percentage of the basic project costs	5464
under division (C)(1) of this section, and priority for assistance	5465
under sections 3318.01 to 3318.20 of the Revised Code, the	5466
percentile ranking of a school district with which the commission	5467
has entered into an agreement under this section between the first	5468
day of July and the thirty-first day of August in each fiscal year	5469
is the percentile ranking calculated for that district for the	5470
immediately preceding fiscal year, and the percentile ranking of a	5471
school district with which the commission has entered into such	5472
agreement between the first day of September and the thirtieth day	5473
of June in each fiscal year is the percentile ranking calculated	5474
for that district for the current fiscal year.	5475

(B)(1) There is hereby established the school building	5476
assistance expedited local partnership program. Under the program,	5477
the Ohio school facilities commission may enter into an agreement	5478
with the ~~school district~~ board of any school district under which	5479
the ~~school district~~ board may proceed with the new construction or	5480
major repairs of a part of the ~~school~~ district's classroom	5481
facilities needs, as determined under sections 3318.01 to 3318.20	5482
of the Revised Code, through the expenditure of local resources	5483
prior to the school district's eligibility for state assistance	5484
under those sections, and may apply that expenditure toward	5485
meeting the school district's portion of the basic project cost of	5486
the total of the ~~school~~ district's classroom facilities needs, as	5487
~~determined under sections 3318.01 to 3318.20 of the Revised Code~~	5488
~~and~~ as recalculated under division (E) of this section, ~~that are~~	5489
when the district becomes eligible for state assistance under	5490
sections 3318.01 to 3318.20 or section 3318.364 of the Revised	5491
Code ~~when the school district becomes eligible for that~~	5492
~~assistance~~. Any school district that is reasonably expected to	5493
receive assistance under sections 3318.01 to 3318.20 of the	5494
Revised Code within two fiscal years from the date the school	5495
district adopts its resolution under division (B) of this section	5496
shall not be eligible to participate in the program established	5497
under this section.	5498

(2) To participate in the program, a school district board	5499
shall first adopt a resolution certifying to the commission the	5500
board's intent to participate in the program.	5501

The resolution shall specify the approximate date that the	5502
board intends to seek elector approval of any bond or tax measures	5503
or to apply other local resources to use to pay the cost of	5504
classroom facilities to be constructed under this section. The	5505
resolution may specify the application of local resources or	5506
elector-approved bond or tax measures after the resolution is	5507
adopted by the board, and in such case the board may proceed with	5508
a discrete portion of its project under this section as soon as	5509
the commission and the controlling board have approved the basic	5510
project cost of the district's classroom facilities needs as	5511
specified in division (D) of this section. The board shall submit	5512
its resolution to the commission not later than ten days after the	5513
date the resolution is adopted by the board.	5514

The commission shall not consider any resolution that is	5515
submitted pursuant to division (B)(2) of this section, as amended	5516
by this amendment, sooner than September 14, 2000.	5517

(3) For purposes of determining when a district that enters	5518
into an agreement under this section becomes eligible for	5519
assistance under sections 3318.01 to 3318.20 of the Revised Code	5520
or priority for assistance under section 3318.364 of the Revised	5521
Code, the commission shall use the district's percentile ranking	5522
determined at the time the district entered into the agreement	5523
under this section, as prescribed by division (A)(2) of this	5524
section.	5525

(4) Any project under this section shall comply with section	5526
3318.03 of the Revised Code and with any specifications for plans	5527
and materials for classroom facilities adopted by the commission	5528
under section 3318.04 of the Revised Code.	5529

(5) If a school district that enters into an agreement under	5530
this section has not begun a project applying local resources as	5531
provided for under that agreement at the time the district is	5532
notified by the commission that it is eligible to receive state	5533
assistance under sections 3318.01 to 3318.20 of the Revised Code,	5534
all assessment and agreement documents entered into under this	5535
section are void.	5536

(6) Only construction of or repairs to classroom facilities	5537
that have been approved by the commission and have been therefore	5538
included as part of a district's basic project cost qualify for	5539
application of local resources under this section.	5540

(C) Based on the results of on-site visits and assessment,	5541
the commission shall determine the basic project cost of the	5542
school district's classroom facilities needs. The commission shall	5543
determine the school district's portion of such basic project	5544
cost, which shall be the greater of:	5545

(1) The required percentage of the basic project costs,	5546
determined based on the school district's percentile ranking;	5547

(2) An amount necessary to raise the school district's net	5548
bonded indebtedness, as of the fiscal year the commission and the	5549
school district enter into the agreement under division (B) of	5550
this section, to within five thousand dollars of the required	5551
level of indebtedness.	5552

(D)(1) When the commission determines the basic project cost	5553
of the classroom facilities needs of a school district and the	5554
school district's portion of that basic project cost under	5555
division (C) of this section, the project shall be conditionally	5556
approved. Such conditional approval shall be submitted to the	5557
controlling board for approval thereof. The controlling board	5558
shall forthwith approve or reject the commission's determination,	5559
conditional approval, and the amount of the state's portion of the	5560
basic project cost; however, no state funds shall be encumbered	5561
under this section. Upon approval by the controlling board, the	5562
school district board may identify a discrete part of its	5563
classroom facilities needs, which shall include only new	5564
construction of or additions or major repairs to a particular	5565
building, to address with local resources. Upon identifying a part	5566
of the school district's basic project cost to address with local	5567
resources, the school district board may allocate any available	5568
school district moneys to pay the cost of that identified part,	5569
including the proceeds of an issuance of bonds if approved by the	5570
electors of the school district.	5571

All local resources utilized under this division shall first	5572
be deposited in the project construction account required under	5573
section 3318.08 of the Revised Code.	5574

(2) Unless the school district board exercises its option	5575
under division (D)(3) of this section, for a school district to	5576
qualify for participation in the program authorized under this	5577
section, one of the following conditions shall be satisfied:	5578

(a) The electors of the school district by a majority vote	5579
shall approve the levy of taxes outside the ten-mill limitation	5580
for a period of twenty-three years at the rate of not less than	5581
one-half mill for each dollar of valuation to be used to pay the	5582
cost of maintaining the classroom facilities included in the basic	5583
project cost as determined by the commission. The form of the	5584
ballot to be used to submit the question whether to approve the	5585
tax required under this division to the electors of the school	5586
district shall be the form for an additional levy of taxes	5587
prescribed in section 3318.361 of the Revised Code, which may be	5588
combined in a single ballot question with the questions prescribed	5589
under section 5705.218 of the Revised Code.	5590

(b) As authorized under division (C) of section 3318.05 of	5591
the Revised Code, the school district board shall earmark from the	5592
proceeds of a permanent improvement tax levied under section	5593
5705.21 of the Revised Code, an amount equivalent to the	5594
additional tax otherwise required under division (D)(2)(a) of this	5595
section for the maintenance of the classroom facilities included	5596
in the basic project cost as determined by the commission.	5597

(c) As authorized under section 3318.051 of the Revised Code,	5598
the school district board shall, if approved by the commission,	5599
annually transfer into the maintenance fund required under section	5600
3318.05 of the Revised Code the amount prescribed in section	5601
3318.051 of the Revised Code in lieu of the tax otherwise required	5602
under division (D)(2)(a) of this section for the maintenance of	5603
the classroom facilities included in the basic project cost as	5604
determined by the commission.	5605

(d) If the school district board has rescinded the agreement	5606
to make transfers under section 3318.051 of the Revised Code, as	5607
provided under division (F) of that section, the electors of the	5608
school district, in accordance with section 3318.063 of the	5609
Revised Code, first shall approve the levy of taxes outside the	5610
ten-mill limitation for the period specified in that section at a	5611
rate of not less than one-half mill for each dollar of valuation.	5612

(e) The school district board shall apply the proceeds of a	5613
tax to leverage bonds as authorized under section 3318.052 of the	5614
Revised Code or dedicate a local donated contribution in the	5615
manner described in division (B) of section 3318.084 of the	5616
Revised Code in an amount equivalent to the additional tax	5617
otherwise required under division (D)(2)(a) of this section for	5618
the maintenance of the classroom facilities included in the basic	5619
project cost as determined by the commission.	5620

(3) A school district board may opt to delay taking any of	5621
the actions described in division (D)(2) of this section until the	5622
school district becomes eligible for state assistance under	5623
sections 3318.01 to 3318.20 of the Revised Code. In order to	5624
exercise this option, the board shall certify to the commission a	5625
resolution indicating the board's intent to do so prior to	5626
entering into an agreement under division (B) of this section.	5627

(4) If pursuant to division (D)(3) of this section a district	5628
board opts to delay levying an additional tax until the district	5629
becomes eligible for state assistance, it shall submit the	5630
question of levying that tax to the district electors as follows:	5631

(a) In accordance with section 3318.06 of the Revised Code if	5632
it will also be necessary pursuant to division (E) of this section	5633
to submit a proposal for approval of a bond issue;	5634

(b) In accordance with section 3318.361 of the Revised Code	5635
if it is not necessary to also submit a proposal for approval of a	5636
bond issue pursuant to division (E) of this section.	5637

(5) No state assistance under sections 3318.01 to 3318.20 of	5638
the Revised Code shall be released until a school district board	5639
that adopts and certifies a resolution under division (D) of this	5640
section also demonstrates to the satisfaction of the commission	5641
compliance with the provisions of division (D)(2) of this section.	5642

Any amount required for maintenance under division (D)(2) of	5643
this section shall be deposited into a separate fund as specified	5644
in division (B) of section 3318.05 of the Revised Code.	5645

(E)(1) If the school district becomes eligible for state	5646
assistance under sections 3318.01 to 3318.20 of the Revised Code	5647
based on its percentile ranking under division (B)(3) of this	5648
section or is offered assistance under section 3318.364 of the	5649
Revised Code, the commission shall conduct a new assessment of the	5650
school district's classroom facilities needs and shall recalculate	5651
the basic project cost based on this new assessment. The basic	5652
project cost recalculated under this division shall include the	5653
amount of expenditures made by the school district board under	5654
division (D)(1) of this section. The commission shall then	5655
recalculate the school district's portion of the new basic project	5656
cost, which shall be the percentage of the original basic project	5657
cost assigned to the school district as its portion under division	5658
(C) of this section. The commission shall deduct the expenditure	5659
of school district moneys made under division (D)(1) of this	5660
section from the school district's portion of the basic project	5661
cost as recalculated under this division. If the amount of school	5662
district resources applied by the school district board to the	5663
school district's portion of the basic project cost under this	5664
section is less than the total amount of such portion as	5665
recalculated under this division, the school district board by a	5666
majority vote of all of its members shall, if it desires to seek	5667
state assistance under sections 3318.01 to 3318.20 of the Revised	5668
Code, adopt a resolution as specified in section 3318.06 of the	5669
Revised Code to submit to the electors of the school district the	5670
question of approval of a bond issue in order to pay any	5671
additional amount of school district portion required for state	5672
assistance. Any tax levy approved under division (D) of this	5673
section satisfies the requirements to levy the additional tax	5674
under section 3318.06 of the Revised Code.	5675

(2) If the amount of school district resources applied by the	5676
school district board to the school district's portion of the	5677
basic project cost under this section is more than the total	5678
amount of such portion as recalculated under this division, within	5679
one year after the school district's portion is recalculated under	5680
division (E)(1) of this section the commission may grant to the	5681
school district the difference between the two calculated	5682
portions, but at no time shall the commission expend any state	5683
funds on a project in an amount greater than the state's portion	5684
of the basic project cost as recalculated under this division.	5685

Any reimbursement under this division shall be only for local	5686
resources the school district has applied toward construction cost	5687
expenditures for the classroom facilities approved by the	5688
commission, which shall not include any financing costs associated	5689
with that construction.	5690

The school district board shall use any moneys reimbursed to	5691
the district under this division to pay off any debt service the	5692
district owes for classroom facilities constructed under its	5693
project under this section before such moneys are applied to any	5694
other purpose. However, the district board first may deposit	5695
moneys reimbursed under this division into the district's general	5696
fund or a permanent improvement fund to replace local resources	5697
the district withdrew from those funds, as long as, and to the	5698
extent that, those local resources were used by the district for	5699
constructing classroom facilities included in the district's basic	5700
project cost.	5701

Sec. 3318.364. In any fiscal year, the Ohio school	5702
facilities commission may, at its discretion, provide assistance	5703
under sections 3318.01 to 3318.20 of the Revised Code to a school	5704
district that has entered into an expedited local partnership	5705
agreement under section 3318.36 of the Revised Code before the	5706
district is otherwise eligible for that assistance based on its	5707
percentile rank, if the commission determines all of the	5708
following:	5709

(A) The district has made an expenditure of local resources	5710
under its expedited local partnership agreement on a discrete part	5711
of its district-wide project.	5712

(B) The district is ready to complete its district-wide	5713
project or a segment of the project, in accordance with section	5714
3318.034 of the Revised Code.	5715

(C) The district is in compliance with division (D)(2) of	5716
section 3318.36 of the Revised Code.	5717

(D) Sufficient state funds have been appropriated for	5718
classroom facilities projects for the fiscal year to pay the state	5719
share of the district's project or segment after paying the state	5720
share of projects for all of the following:	5721

(1) Districts that previously had their conditional approval	5722
lapse pursuant to section 3318.05 and currently have a new	5723
conditional approval under section 3318.054 of the Revised Code;	5724

(2) Districts eligible for assistance under division (B)(2)	5725
of section 3318.04 of the Revised Code;	5726

(3) Districts participating in the exceptional needs school	5727
facilities assistance program under section 3318.37 or 3318.371 of	5728
the Revised Code;	5729

(4) Districts participating in the accelerated urban school	5730
building assistance program under section 3318.38 of the Revised	5731
Code.	5732

A district that is eligible for assistance under this section	5733
shall have priority over any of the current next ten school	5734
districts identified under section 3318.023 of the Revised Code.	5735
Assistance under this section shall be offered to eligible	5736
districts in the order of their percentile rankings at the time	5737
they entered into their expedited local partnership agreements,	5738
from lowest to highest percentile. In the event that more than one	5739
district has the same percentile ranking, those districts shall be	5740
offered assistance in the order of the date they entered into	5741
their expedited local partnership agreements, from earliest to	5742
latest date.	5743

As used in this section, "local resources" and "percentile"	5744
have the same meanings as in section 3318.36 of the Revised Code.	5745

Sec. 3318.37. (A)(1) As used in this section:

5746

~~(a) "Large land area school district" means a school district~~	5747
~~with a territory of greater than three hundred square miles in any~~	5748
~~percentile as determined under section 3318.011 of the Revised~~	5749
~~Code.~~	5750

~~(b) "Low wealth school district" means a school district in~~	5751
~~the first through seventy-fifth percentiles as determined under~~	5752
~~section 3318.011 of the Revised Code.~~	5753

~~(c) A~~, a "school district with an exceptional need for	5754
immediate classroom facilities assistance" means a ~~low wealth or~~	5755
~~large land area~~ school district with an exceptional need for new	5756
facilities in order to protect the health and safety of all or a	5757
portion of its students.	5758

(2) No school district that participates in the school	5759
building assistance expedited local partnership program under	5760
section 3318.36 of the Revised Code shall receive assistance under	5761
the program established under this section unless the following	5762
conditions are satisfied:	5763

(a) The district board adopted a resolution certifying its	5764
intent to participate in the school building assistance expedited	5765
local partnership program under section 3318.36 of the Revised	5766
Code prior to September 14, 2000.	5767

(b) The district was selected by the Ohio school facilities	5768
commission for participation in the school building assistance	5769
expedited local partnership program under section 3318.36 of the	5770
Revised Code in the manner prescribed by the commission under that	5771
section as it existed prior to September 14, 2000.	5772

(B)(1) There is hereby established the exceptional needs	5773
school facilities assistance program. Under the program, the Ohio	5774
school facilities commission may set aside from the moneys	5775
annually appropriated to it for classroom facilities assistance	5776
projects up to twenty-five per cent for assistance to school	5777
districts with exceptional needs for immediate classroom	5778
facilities assistance.	5779

(2)(a) After consulting with education and construction	5780
experts, the commission shall adopt guidelines for identifying	5781
school districts with an exceptional need for immediate classroom	5782
facilities assistance.	5783

(b) The guidelines shall include application forms and	5784
instructions for school districts to use in applying for	5785
assistance under this section.	5786

(3) The commission shall evaluate the classroom facilities,	5787
and the need for replacement classroom facilities from the	5788
applications received under this section. The commission,	5789
utilizing the guidelines adopted under division (B)(2)(a) of this	5790
section, shall prioritize the school districts to be assessed.	5791

Notwithstanding section 3318.02 of the Revised Code, the	5792
commission may conduct on-site evaluation of the school districts	5793
prioritized under this section and approve and award funds until	5794
such time as all funds set aside under division (B)(1) of this	5795
section have been encumbered. However, the commission need not	5796
conduct the evaluation of facilities if the commission determines	5797
that a district's assessment conducted under section 3318.36 of	5798
the Revised Code is sufficient for purposes of this section.	5799

(4) Notwithstanding division (A) of section 3318.05 of the	5800
Revised Code, the school district's portion of the basic project	5801
cost under this section shall be the "required percentage of the	5802
basic project costs," as defined in division (K) of section	5803
3318.01 of the Revised Code.	5804

(5) Except as otherwise specified in this section, any	5805
project undertaken with assistance under this section shall comply	5806
with all provisions of sections 3318.01 to 3318.20 of the Revised	5807
Code. A school district may receive assistance under sections	5808
3318.01 to 3318.20 of the Revised Code for the remainder of the	5809
district's classroom facilities needs as assessed under this	5810
section when the district is eligible for such assistance pursuant	5811
to section 3318.02 of the Revised Code, but any classroom facility	5812
constructed with assistance under this section shall not be	5813
included in a district's project at that time unless the	5814
commission determines the district has experienced the increased	5815
enrollment specified in division (B)(1) of section 3318.04 of the	5816
Revised Code.	5817

(C) No school district shall receive assistance under this	5818
section for a classroom facility that has been included in the	5819
discrete part of the district's classroom facilities needs	5820
identified and addressed in the district's project pursuant to an	5821
agreement entered into under section 3318.36 of the Revised Code,	5822
unless the district's entire classroom facilities plan consists of	5823
only a single building designed to house grades kindergarten	5824
through twelve.	5825

Sec. 3318.371. The Ohio school facilities commission may	5826
provide assistance under the exceptional needs school facilities	5827
program established by section 3318.37 of the Revised Code to any	5828
school district for the purpose of the relocation or replacement	5829
of classroom facilities required as a result of any contamination	5830
of air, soil, or water that impacts the occupants of the facility.	5831
~~Assistance under this section is not limited to school districts~~	5832
~~in the first through seventy-fifth percentiles as determined under~~	5833
~~section 3318.011 of the Revised Code.~~	5834

The commission shall make a determination in accordance with	5835
guidelines adopted by the commission regarding eligibility and	5836
funding for projects under this section. The commission may	5837
contract with an independent environmental consultant to conduct a	5838
study to assist the commission in making the determination.	5839

If the federal government or other public or private entity	5840
provides funds for restitution of costs incurred by the state or	5841
school district in the relocation or replacement of the classroom	5842
facilities, the school district shall use such funds in excess of	5843
the school district's share to refund the state for the state's	5844
contribution to the environmental contamination portion of the	5845
project. The school district may apply an amount of such	5846
restitution funds up to an amount equal to the school district's	5847
portion of the project, as defined by the commission, toward	5848
paying its portion of that project to reduce the amount of bonds	5849
the school district otherwise must issue to receive state	5850
assistance under sections 3318.01 to 3318.20 of the Revised Code.	5851

Sec. 3319.02. (A)(1) As used in this section, "other	5852
administrator" means any of the following:	5853

(a) Except as provided in division (A)(2) of this section,	5854
any employee in a position for which a board of education requires	5855
a license designated by rule of the department of education for	5856
being an administrator issued under section 3319.22 of the Revised	5857
Code, including a professional pupil services employee or	5858
administrative specialist or an equivalent of either one who is	5859
not employed as a school counselor and spends less than fifty per	5860
cent of the time employed teaching or working with students;	5861

(b) Any nonlicensed employee whose job duties enable such	5862
employee to be considered as either a "supervisor" or a	5863
"management level employee," as defined in section 4117.01 of the	5864
Revised Code;	5865

(c) A business manager appointed under section 3319.03 of the	5866
Revised Code.	5867

(2) As used in this section, "other administrator" does not	5868
include a superintendent, assistant superintendent, principal, or	5869
assistant principal.	5870

(B) The board of education of each school district and the	5871
governing board of an educational service center may appoint one	5872
or more assistant superintendents and such other administrators as	5873
are necessary. An assistant educational service center	5874
superintendent or service center supervisor employed on a	5875
part-time basis may also be employed by a local board as a	5876
teacher. The board of each city, exempted village, and local	5877
school district shall employ principals for all high schools and	5878
for such other schools as the board designates, and those boards	5879
may appoint assistant principals for any school that they	5880
designate.	5881

(C) In educational service centers and in city, exempted	5882
village, and local school districts, assistant superintendents,	5883
principals, assistant principals, and other administrators shall	5884
only be employed or reemployed in accordance with nominations of	5885
the superintendent, except that a board of education of a school	5886
district or the governing board of a service center, by a	5887
three-fourths vote of its full membership, may reemploy any	5888
assistant superintendent, principal, assistant principal, or other	5889
administrator whom the superintendent refuses to nominate.	5890

The board of education or governing board shall execute a	5891
written contract of employment with each assistant superintendent,	5892
principal, assistant principal, and other administrator it employs	5893
or reemploys. The term of such contract shall not exceed three	5894
years except that in the case of a person who has been employed as	5895
an assistant superintendent, principal, assistant principal, or	5896
other administrator in the district or center for three years or	5897
more, the term of the contract shall be for not more than five	5898
years and, unless the superintendent of the district recommends	5899
otherwise, not less than two years. If the superintendent so	5900
recommends, the term of the contract of a person who has been	5901
employed by the district or service center as an assistant	5902
superintendent, principal, assistant principal, or other	5903
administrator for three years or more may be one year, but all	5904
subsequent contracts granted such person shall be for a term of	5905
not less than two years and not more than five years. When a	5906
teacher with continuing service status becomes an assistant	5907
superintendent, principal, assistant principal, or other	5908
administrator with the district or service center with which the	5909
teacher holds continuing service status, the teacher retains such	5910
status in the teacher's nonadministrative position as provided in	5911
sections 3319.08 and 3319.09 of the Revised Code.	5912

A board of education or governing board may reemploy an	5913
assistant superintendent, principal, assistant principal, or other	5914
administrator at any regular or special meeting held during the	5915
period beginning on the first day of January of the calendar year	5916
immediately preceding the year of expiration of the employment	5917
contract and ending on the last day of March of the year the	5918
employment contract expires.	5919

Except by mutual agreement of the parties thereto, no	5920
assistant superintendent, principal, assistant principal, or other	5921
administrator shall be transferred during the life of a contract	5922
to a position of lesser responsibility. No contract may be	5923
terminated by a board except pursuant to section 3319.16 of the	5924
Revised Code. No contract may be suspended except pursuant to	5925
section 3319.17 or 3319.171 of the Revised Code. The salaries and	5926
compensation prescribed by such contracts shall not be reduced by	5927
a board unless such reduction is a part of a uniform plan	5928
affecting the entire district or center. The contract shall	5929
specify the employee's administrative position and duties as	5930
included in the job description adopted under division (D) of this	5931
section, the salary and other compensation to be paid for	5932
performance of duties, the number of days to be worked, the number	5933
of days of vacation leave, if any, and any paid holidays in the	5934
contractual year.	5935

An assistant superintendent, principal, assistant principal,	5936
or other administrator is, at the expiration of the current term	5937
of employment, deemed reemployed at the same salary plus any	5938
increments that may be authorized by the board, unless such	5939
employee notifies the board in writing to the contrary on or	5940
before the first day of June, or unless such board, on or before	5941
the last day of March of the year in which the contract of	5942
employment expires, either reemploys such employee for a	5943
succeeding term or gives written notice of its intention not to	5944
reemploy the employee. The term of reemployment of a person	5945
reemployed under this paragraph shall be one year, except that if	5946
such person has been employed by the school district or service	5947
center as an assistant superintendent, principal, assistant	5948
principal, or other administrator for three years or more, the	5949
term of reemployment shall be two years.	5950

(D)(1) Each board shall adopt procedures for the evaluation	5951
of all assistant superintendents, principals, assistant	5952
principals, and other administrators and shall evaluate such	5953
employees in accordance with those procedures. The procedures for	5954
the evaluation of principals and assistant principals shall be	5955
based on principles comparable to the teacher evaluation policy	5956
adopted by the board under section 3319.111 of the Revised Code,	5957
but shall be tailored to the duties and responsibilities of	5958
principals and assistant principals and the environment in which	5959
~~principals~~they work. An evaluation based upon procedures adopted	5960
under this division shall be considered by the board in deciding	5961
whether to renew the contract of employment of an assistant	5962
superintendent, principal, assistant principal, or other	5963
administrator.	5964

(2) The evaluation shall measure each assistant	5965
superintendent's, principal's, assistant principal's, and other	5966
administrator's effectiveness in performing the duties included in	5967
the job description and the evaluation procedures shall provide	5968
for, but not be limited to, the following:	5969

(a) Each assistant superintendent, principal, assistant	5970
principal, and other administrator shall be evaluated annually	5971
through a written evaluation process.	5972

(b) The evaluation shall be conducted by the superintendent	5973
or designee.	5974

(c) In order to provide time to show progress in correcting	5975
the deficiencies identified in the evaluation process, the	5976
evaluation process shall be completed as follows:	5977

(i) In any school year that the employee's contract of	5978
employment is not due to expire, at least one evaluation shall be	5979
completed in that year. A written copy of the evaluation shall be	5980
provided to the employee no later than the end of the employee's	5981
contract year as defined by the employee's annual salary notice.	5982

(ii) In any school year that the employee's contract of	5983
employment is due to expire, at least a preliminary evaluation and	5984
at least a final evaluation shall be completed in that year. A	5985
written copy of the preliminary evaluation shall be provided to	5986
the employee at least sixty days prior to any action by the board	5987
on the employee's contract of employment. The final evaluation	5988
shall indicate the superintendent's intended recommendation to the	5989
board regarding a contract of employment for the employee. A	5990
written copy of the evaluation shall be provided to the employee	5991
at least five days prior to the board's acting to renew or not	5992
renew the contract.	5993

(3) Termination of an assistant superintendent, principal,	5994
assistant principal, or other administrator's contract shall be	5995
pursuant to section 3319.16 of the Revised Code. Suspension of any	5996
such employee shall be pursuant to section 3319.17 or 3319.171 of	5997
the Revised Code.	5998

(4) Before taking action to renew or nonrenew the contract of	5999
an assistant superintendent, principal, assistant principal, or	6000
other administrator under this section and prior to the last day	6001
of March of the year in which such employee's contract expires,	6002
the board shall notify each such employee of the date that the	6003
contract expires and that the employee may request a meeting with	6004
the board. Upon request by such an employee, the board shall grant	6005
the employee a meeting in executive session. In that meeting, the	6006
board shall discuss its reasons for considering renewal or	6007
nonrenewal of the contract. The employee shall be permitted to	6008
have a representative, chosen by the employee, present at the	6009
meeting.	6010

(5) The establishment of an evaluation procedure shall not	6011
create an expectancy of continued employment. Nothing in division	6012
(D) of this section shall prevent a board from making the final	6013
determination regarding the renewal or nonrenewal of the contract	6014
of any assistant superintendent, principal, assistant principal,	6015
or other administrator. However, if a board fails to provide	6016
evaluations pursuant to division (D)(2)(c)(i) or (ii) of this	6017
section, or if the board fails to provide at the request of the	6018
employee a meeting as prescribed in division (D)(4) of this	6019
section, the employee automatically shall be reemployed at the	6020
same salary plus any increments that may be authorized by the	6021
board for a period of one year, except that if the employee has	6022
been employed by the district or service center as an assistant	6023
superintendent, principal, assistant principal, or other	6024
administrator for three years or more, the period of reemployment	6025
shall be for two years.	6026

(E) On nomination of the superintendent of a service center a	6027
governing board may employ supervisors who shall be employed under	6028
written contracts of employment for terms not to exceed five years	6029
each. Such contracts may be terminated by a governing board	6030
pursuant to section 3319.16 of the Revised Code. Any supervisor	6031
employed pursuant to this division may terminate the contract of	6032
employment at the end of any school year after giving the board at	6033
least thirty days' written notice prior to such termination. On	6034
the recommendation of the superintendent the contract or contracts	6035
of any supervisor employed pursuant to this division may be	6036
suspended for the remainder of the term of any such contract	6037
pursuant to section 3319.17 or 3319.171 of the Revised Code.	6038

(F) A board may establish vacation leave for any individuals	6039
employed under this section. Upon such an individual's separation	6040
from employment, a board that has such leave may compensate such	6041
an individual at the individual's current rate of pay for all	6042
lawfully accrued and unused vacation leave credited at the time of	6043
separation, not to exceed the amount accrued within three years	6044
before the date of separation. In case of the death of an	6045
individual employed under this section, such unused vacation leave	6046
as the board would have paid to the individual upon separation	6047
under this section shall be paid in accordance with section	6048
2113.04 of the Revised Code, or to the estate.	6049

(G) The board of education of any school district may	6050
contract with the governing board of the educational service	6051
center from which it otherwise receives services to conduct	6052
searches and recruitment of candidates for assistant	6053
superintendent, principal, assistant principal, and other	6054
administrator positions authorized under this section.	6055

Sec. 3319.031. Notwithstanding any provision of the Revised	6056
Code to the contrary, if the board of education of a city, local,	6057
or exempted village school district does not appoint a business	6058
manager under section 3319.03 of the Revised Code, the board may	6059
assign powers and duties specified in section 3319.04 of the	6060
Revised Code to one or more employees or officers of the board,	6061
including the treasurer, and may give the employees or officers	6062
any title recognizing the assignment of the powers and duties. The	6063
prohibition, in section 3319.04 of the Revised Code, against a	6064
business manager having possession of moneys does not prevent a	6065
board from assigning powers and duties specified in that section	6066
to the treasurer and does not prevent a treasurer who is assigned	6067
those powers and duties from exercising the powers and duties of	6068
treasurer.	6069

Sec. 3319.111. Notwithstanding section 3319.09 of the Revised	6070
Code, this section applies to any person who is employed under a	6071
teacher license issued under this chapter, or under a professional	6072
or permanent teacher's certificate issued under former section	6073
3319.222 of the Revised Code, and who spends at least fifty per	6074
cent of the time employed providing student instruction.	6075

(A) Not later than July 1, 2013, the board of education of	6076
each school district, in consultation with teachers employed by	6077
the board, shall adopt a standards-based teacher evaluation policy	6078
that conforms with the framework for evaluation of teachers	6079
developed under section 3319.112 of the Revised Code. ~~The policy~~	6080
~~shall become operative at the expiration of any collective~~	6081
~~bargaining agreement covering teachers employed by the board that~~	6082
~~is in effect on the effective date of this section and shall be~~	6083
~~included in any renewal or extension of such an agreement.~~	6084

(B) When using measures of student academic growth as a	6085
component of a teacher's evaluation, those measures shall include	6086
the value-added progress dimension prescribed by section 3302.021	6087
of the Revised Code. For teachers of grade levels and subjects for	6088
which the value-added progress dimension is not applicable, the	6089
board shall administer assessments on the list developed under	6090
division (B)(2) of section 3319.112 of the Revised Code.	6091

(C)(1) The board shall conduct an evaluation of each teacher	6092
employed by the board at least once each school year, except as	6093
provided in divisions (C)(2) and (3) of this section. The	6094
evaluation shall be completed by the first day of April and the	6095
teacher shall receive a written report of the results of the	6096
evaluation by the tenth day of April.	6097

(2) If the board has entered into a limited contract or	6098
extended limited contract with the teacher pursuant to section	6099
3319.11 of the Revised Code, the board shall evaluate the teacher	6100
at least twice in any school year in which the board may wish to	6101
declare its intention not to re-employ the teacher pursuant to	6102
division (B), (C)(3), (D), or (E) of that section. One evaluation	6103
shall be conducted and completed not later than the fifteenth day	6104
of January and the teacher being evaluated shall receive a written	6105
report of the results of this evaluation not later than the	6106
twenty-fifth day of January. One evaluation shall be conducted and	6107
completed between the tenth day of February and the first day of	6108
April and the teacher being evaluated shall receive a written	6109
report of the results of this evaluation not later than the tenth	6110
day of April.	6111

(3) The board may elect, by adoption of a resolution, to	6112
evaluate each teacher who received a rating of accomplished on the	6113
teacher's most recent evaluation conducted under this section once	6114
every two school years. In that case, the biennial evaluation	6115
shall be completed by the first day of April of the applicable	6116
school year, and the teacher shall receive a written report of the	6117
results of the evaluation by the tenth day of April of that school	6118
year.	6119

(D) Each evaluation conducted pursuant to this section shall	6120
be conducted by one or more of the following persons who hold a	6121
credential established by the department of education for being an	6122
evaluator:	6123

(1) A person who is under contract with the board pursuant to	6124
section 3319.01 or 3319.02 of the Revised Code and holds a license	6125
designated for being a superintendent, assistant superintendent,	6126
or principal issued under section 3319.22 of the Revised Code;	6127

(2) A person who is under contract with the board pursuant to	6128
section 3319.02 of the Revised Code and holds a license designated	6129
for being a vocational director or a supervisor in any educational	6130
area issued under section 3319.22 of the Revised Code;	6131

(3) A person designated to conduct evaluations under an	6132
agreement ~~providing for peer review~~ entered into by the board ~~and~~	6133
~~representatives of teachers employed by the board~~;	6134

(4) A person who is employed by an entity contracted by the	6135
board to conduct evaluations and who holds a license designated	6136
for being a superintendent, assistant superintendent, principal,	6137
vocational director, or supervisor in any educational area issued	6138
under section 3319.22 of the Revised Code.	6139

(E) Notwithstanding division (A)(3) of section 3319.112 of	6140
the Revised Code, the board may elect, by adoption of a	6141
resolution, to require only one formal observation of a teacher	6142
who received a rating of accomplished on the teacher's most recent	6143
evaluation conducted under this section, provided the teacher	6144
completes a project that has been approved by the board to	6145
demonstrate the teacher's continued growth and practice at the	6146
accomplished level.	6147

(F) The board shall include in its evaluation policy	6148
procedures for using the evaluation results for retention and	6149
promotion decisions and for removal of poorly performing teachers.	6150
Seniority shall not be the basis for a decision to retain a	6151
teacher, except when making a decision between teachers who have	6152
comparable evaluations.	6153

~~(F) This section does not apply to superintendents and~~	6154
~~administrators subject to evaluation procedures under sections~~	6155
~~3319.01 and 3319.02 of the Revised Code or to any teacher employed~~	6156
~~as a substitute for less than one hundred twenty days during a~~	6157
~~school year pursuant to section 3319.10 of the Revised Code.~~	6158

(G) For purposes of section 3333.0411 of the Revised Code,	6159
the board annually shall submit to the department of education the	6160
name of each teacher employed by the board for whom an evaluation	6161
is conducted under this section and the rating assigned to the	6162
teacher on that evaluation.	6163

(H) Notwithstanding any provision to the contrary in Chapter	6164
4117. of the Revised Code, the requirements of this section	6165
prevail over any conflicting provisions of a collective bargaining	6166
agreement entered into on or after September 29, 2011.	6167

Sec. 3319.112. (A) Not later than December 31, 2011, the	6168
state board of education shall develop a standards-based state	6169
framework for the evaluation of teachers. The state board may	6170
update the framework periodically. The framework shall establish	6171
an evaluation system that does the following:	6172

(1) Provides for multiple evaluation factors, including	6173
student academic growth which shall account for fifty per cent of	6174
each evaluation;	6175

(2) Is aligned with the standards for teachers adopted under	6176
section 3319.61 of the Revised Code;	6177

(3) Requires observation of the teacher being evaluated,	6178
including at least two formal observations by the evaluator of at	6179
least thirty minutes each and classroom walkthroughs;	6180

(4) Assigns a rating on each evaluation in accordance with	6181
division (B) of this section;	6182

(5) Requires each teacher to be provided with a written	6183
report of the results of the teacher's evaluation;	6184

(6) Identifies measures of student academic growth for grade	6185
levels and subjects for which the value-added progress dimension	6186
prescribed by section 3302.021 of the Revised Code does not apply;	6187

(7) Implements a classroom-level, value-added program	6188
developed by a nonprofit organization described in division (B) of	6189
section 3302.021 of the Revised Code;	6190

(8) Provides for professional development to accelerate and	6191
continue teacher growth and provide support to poorly performing	6192
teachers;	6193

(9) Provides for the allocation of financial resources to	6194
support professional development.	6195

(B) For purposes of the framework developed under this	6196
section, the state board also shall do the following:	6197

(1) Develop specific standards and criteria that distinguish	6198
between the following levels of performance for teachers and	6199
principals for the purpose of assigning ratings on the evaluations	6200
conducted under sections 3319.02 and 3319.111 of the Revised Code:	6201

(a) Accomplished;

6202

(b) Proficient;

6203

6204

(d) Ineffective.

6205

(2) For grade levels and subjects for which the assessments	6206
prescribed under sections 3301.0710 and 3301.0712 of the Revised	6207
Code and the value-added progress dimension prescribed by section	6208
3302.021 of the Revised Code do not apply, develop a list of	6209
student assessments that measure mastery of the course content for	6210
the appropriate grade level, which may include nationally normed	6211
standardized assessments, industry certification examinations, or	6212
end-of-course examinations.	6213

(C) The state board shall consult with experts, teachers and	6214
principals employed in public schools, and representatives of	6215
stakeholder groups in developing the standards and criteria	6216
required by division (B)(1) of this section.	6217

(D) To assist school districts in developing evaluation	6218
policies under sections 3319.02 and 3319.111 of the Revised Code,	6219
the department shall do both of the following:	6220

(1) Serve as a clearinghouse of promising evaluation	6221
procedures and evaluation models that districts may use;	6222

(2) Provide technical assistance to districts in creating	6223
evaluation policies.	6224

(E) Not later than June 30, 2013, the state board, in	6225
consultation with state agencies that employ teachers, shall	6226
develop a standards-based framework for the evaluation of teachers	6227
employed by those agencies. Each state agency that employs	6228
teachers shall adopt a standards-based teacher evaluation policy	6229
that conforms with the framework developed under this division.	6230
The policy shall become operative at the expiration of any	6231
collective bargaining agreement covering teachers employed by the	6232
agency that is in effect on the effective date of this amendment	6233
and shall be included in any renewal or extension of such an	6234
agreement.	6235

Sec. 3319.58. (A) As used in this section, "core subject	6236
area" has the same meaning as in section 3319.074 of the Revised	6237
Code.	6238

(B) Each year, the board of education of each city, exempted	6239
village, and local school district shall require each classroom	6240
teacher who is currently teaching in a core subject area and has	6241
received a rating of ineffective on the evaluations conducted	6242
under section 3319.111 of the Revised Code for two of the three	6243
most recent school years to register for and take all written	6244
examinations of content knowledge selected by the department as	6245
appropriate to determine expertise to teach that core subject area	6246
and the grade level to which the teacher is assigned.	6247

(C) Each year, the ~~board of education of each city, exempted~~	6248
~~village, and local school district,~~ governing authority of each	6249
community school established under Chapter 3314. of the Revised	6250
Code, and governing body of each STEM school established under	6251
Chapter 3326. of the Revised Code with a building ranked in the	6252
lowest ten per cent of all public school buildings according to	6253
performance index score, under section 3302.21 of the Revised	6254
Code, shall require each classroom teacher currently teaching in a	6255
core subject area in such a building to register for and take all	6256
written examinations ~~prescribed by the state board of education~~	6257
~~for licensure~~of content knowledge selected by the department of	6258
education as appropriate to determine expertise to teach that core	6259
subject area and the grade level to which the teacher is assigned	6260
~~under section 3319.22 of the Revised Code~~. ~~However, if~~	6261

(D) If a teacher who takes ~~a prescribed~~an examination under	6262
this ~~division~~section passes that examination and provides proof	6263
of that passage to the teacher's employer, the teacher shall not	6264
be required to take the examination again for three years,	6265
regardless of the teacher's evaluation ratings or the performance	6266
index score ranking of the building in which the teacher teaches.	6267
No teacher shall be responsible for the cost of taking an	6268
examination under this ~~division~~section.	6269

~~(C)~~(E) Each district board of education, each community	6270
school governing authority, and each STEM school governing body	6271
may use the results of a teacher's examinations required under	6272
division (B) or (C) of this section in developing and revising	6273
professional development plans and in deciding whether or not to	6274
continue employing the teacher in accordance with the provisions	6275
of this chapter or Chapter 3314. or 3326. of the Revised Code.	6276
However, no decision to terminate or not to renew a teacher's	6277
employment contract shall be made solely on the basis of the	6278
results of a teacher's examination under this section until and	6279
unless the teacher has not attained a passing score on the same	6280
required examination for at least three consecutive	6281
administrations of that examination.	6282

Sec. 3321.01. (A)(1) As used in this chapter, "parent,"	6283
"guardian," or "other person having charge or care of a child"	6284
means either parent unless the parents are separated or divorced	6285
or their marriage has been dissolved or annulled, in which case	6286
"parent" means the parent who is the residential parent and legal	6287
custodian of the child. If the child is in the legal or permanent	6288
custody of a person or government agency, "parent" means that	6289
person or government agency. When a child is a resident of a home,	6290
as defined in section 3313.64 of the Revised Code, and the child's	6291
parent is not a resident of this state, "parent," "guardian," or	6292
"other person having charge or care of a child" means the head of	6293
the home.	6294

A child between six and eighteen years of age is "of	6295
compulsory school age" for the purpose of sections 3321.01 to	6296
3321.13 of the Revised Code. A child under six years of age who	6297
has been enrolled in kindergarten also shall be considered "of	6298
compulsory school age" for the purpose of sections 3321.01 to	6299
3321.13 of the Revised Code unless at any time the child's parent	6300
or guardian, at the parent's or guardian's discretion and in	6301
consultation with the child's teacher and principal, formally	6302
withdraws the child from kindergarten. The compulsory school age	6303
of a child shall not commence until the beginning of the term of	6304
such schools, or other time in the school year fixed by the rules	6305
of the board of the district in which the child resides.	6306

(2) No child shall be admitted to a kindergarten or a first	6307
grade of a public school in a district in which all children are	6308
admitted to kindergarten and the first grade in August or	6309
September unless the child is five or six years of age,	6310
respectively, by the thirtieth day of September of the year of	6311
admittance, or by the first day of a term or semester other than	6312
one beginning in August or September in school districts granting	6313
admittance at the beginning of such term or semester, except that	6314
in those school districts using or obtaining educationally	6315
accepted standardized testing programs for determining entrance,	6316
as approved by the board of education of such districts, the board	6317
shall admit a child to kindergarten or the first grade who fails	6318
to meet the age requirement, provided the child meets necessary	6319
standards as determined by such standardized testing programs. If	6320
the board of education has not established a standardized testing	6321
program, the board shall designate the necessary standards and a	6322
testing program it will accept for the purpose of admitting a	6323
child to kindergarten or first grade who fails to meet the age	6324
requirement. Each child who will be the proper age for entrance to	6325
kindergarten or first grade by the first day of January of the	6326
school year for which admission is requested shall be so tested	6327
upon the request of the child's parent.	6328

(3) Notwithstanding divisions (A)(2) and (D) of this section,	6329
beginning with the school year that starts in 2001 and continuing	6330
thereafter the board of education of any district may adopt a	6331
resolution establishing the first day of August in lieu of the	6332
thirtieth day of September as the required date by which students	6333
must have attained the age specified in those divisions.	6334

(4) After a student has been admitted to kindergarten in a	6335
school district or chartered nonpublic school, no board of	6336
education of a school district to which the student transfers	6337
shall deny that student admission based on the student's age.	6338

(B) As used in divisions (C) and (D) of this section,	6339
"successfully completed kindergarten" and "successful completion	6340
of kindergarten" mean that the child has completed the	6341
kindergarten requirements at one of the following:	6342

(1) A public or chartered nonpublic school;

6343

(2) A kindergarten class that is both of the following:

6344

(a) Offered by a day-care provider licensed under Chapter	6345
5104. of the Revised Code;	6346

(b) If offered after July 1, 1991, is directly taught by a	6347
teacher who holds one of the following:	6348

(i) A valid educator license issued under section 3319.22 of	6349
the Revised Code;	6350

(ii) A Montessori preprimary credential or age-appropriate	6351
diploma granted by the American Montessori society or the	6352
association Montessori internationale;	6353

(iii) Certification determined under division (G) of this	6354
section to be equivalent to that described in division	6355
(B)(2)(b)(ii) of this section;	6356

(iv) Certification for teachers in nontax-supported schools	6357
pursuant to section 3301.071 of the Revised Code.	6358

(C) Except as provided in division (D) of this section, no	6359
school district shall admit to the first grade any child who has	6360
not successfully completed kindergarten.	6361

(D) Upon request of a parent, the requirement of division (C)	6362
of this section may be waived by the district's pupil personnel	6363
services committee in the case of a child who is at least six	6364
years of age by the thirtieth day of September of the year of	6365
admittance and who demonstrates to the satisfaction of the	6366
committee the possession of the social, emotional, and cognitive	6367
skills necessary for first grade.	6368

The board of education of each city, local, and exempted	6369
village school district shall establish a pupil personnel services	6370
committee. The committee shall be composed of all of the following	6371
to the extent such personnel are either employed by the district	6372
or employed by the governing board of the educational service	6373
center within whose territory the district is located and the	6374
educational service center generally furnishes the services of	6375
such personnel to the district:	6376

(1) The director of pupil personnel services;

6377

(2) An elementary school counselor;

6378

(3) An elementary school principal;

6379

(4) A school psychologist;

6380

(5) A teacher assigned to teach first grade;

6381

(6) A gifted coordinator.

6382

The responsibilities of the pupil personnel services	6383
committee shall be limited to the issuing of waivers allowing	6384
admittance to the first grade without the successful completion of	6385
kindergarten. The committee shall have no other authority except	6386
as specified in this section.	6387

(E) The scheduling of times for kindergarten classes and	6388
length of the school day for kindergarten shall be determined by	6389
the board of education of a city, exempted village, or local	6390
school district.	6391

(F) Any kindergarten class offered by a day-care provider or	6392
school described by division (B)(1) or (B)(2)(a) of this section	6393
shall be developmentally appropriate.	6394

(G) Upon written request of a day-care provider described by	6395
division (B)(2)(a) of this section, the department of education	6396
shall determine whether certification held by a teacher employed	6397
by the provider meets the requirement of division (B)(2)(b)(iii)	6398
of this section and, if so, shall furnish the provider a statement	6399
to that effect.	6400

(H) As used in this division, "all-day kindergarten" has the	6401
same meaning as in section 3321.05 of the Revised Code.	6402

(1) Any school district that did not receive for fiscal year	6403
2009 poverty-based assistance for all-day kindergarten under	6404
division (D) of section 3317.029 of the Revised Code may charge	6405
fees or tuition for students enrolled in all-day kindergarten. If	6406
a district charges fees or tuition for all-day kindergarten under	6407
this division, the district shall develop a sliding fee scale	6408
based on family incomes.	6409

(2) The department of education shall conduct an annual	6410
survey of each school district described in division (H)(1) of	6411
this section to determine the following:	6412

(a) Whether the district charges fees or tuition for students	6413
enrolled in all-day kindergarten;	6414

(b) The amount of the fees or tuition charged;

6415

(c) How many of the students for whom tuition is charged are	6416
eligible for free lunches under the "National School Lunch Act,"	6417
60 Stat. 230 (1946), 42 U.S.C. 1751, as amended, and the "Child	6418
Nutrition Act of 1966," 80 Stat. 885, 42 U.S.C. 1771, as amended,	6419
and how many of the students for whom tuition is charged are	6420
eligible for reduced price lunches under those acts;	6421

(d) How many students are enrolled in traditional half-day	6422
kindergarten rather than all-day kindergarten.	6423

Each district shall report to the department, in the manner	6424
prescribed by the department, the information described in	6425
divisions (H)(2)(a) to (d) of this section.	6426

The department shall issue an annual report on the results of	6427
the survey and shall post the report on its web site. The	6428
department shall issue the first report not later than April 30,	6429
2008, and shall issue a report not later than the thirtieth day of	6430
April each year thereafter.	6431

Sec. 3323.011. As used in this chapter, "individualized	6432
education program" or "IEP" means a written statement for each	6433
child with a disability that is developed, reviewed, and revised	6434
in accordance with this definition and that includes:	6435

(A) A statement of the child's present levels of academic	6436
achievement and functional performance, including:	6437

(1) How the child's disability affects the child's	6438
involvement and progress in the general education curriculum;	6439

(2) For a preschool child with a disability, as appropriate,	6440
how the disability affects the child's participation in	6441
appropriate activities;	6442

(3) For a child with a disability who is not a preschool	6443
child and who will take alternate assessments aligned to alternate	6444
achievement standards, a description of benchmarks or short-term	6445
objectives.	6446

(B) A statement of measurable annual goals, including	6447
academic and functional goals and, at the discretion of the	6448
department of education, short-term instructional objectives that	6449
are designed to:	6450

(1) Meet the child's needs that result from the child's	6451
disability so as to enable the child to be involved in and make	6452
progress in the general education curriculum;	6453

(2) Meet each of the child's other educational needs that	6454
result from the child's disability.	6455

(C) A description of how the child's progress toward meeting	6456
the annual goals described pursuant to division (B) of this	6457
section will be measured and when periodic reports on the progress	6458
the child is making toward meeting the annual goals will be	6459
provided. Such reports may be quarterly or other periodic reports	6460
that are issued concurrent with the issuance of regular report	6461
cards.	6462

(D) A statement of the special education and related services	6463
and supplementary aids and services, based on peer-reviewed	6464
research to the extent practicable, to be provided to the child,	6465
or on behalf of the child, and a statement of the program	6466
modifications or supports for school personnel that will be	6467
provided for the child so that the child may:	6468

(1) Advance appropriately toward attaining the annual goals	6469
described pursuant to division (B) of this section;	6470

(2) Be involved in and make progress in the general education	6471
curriculum and participate in extracurricular and other	6472
nonacademic activities;	6473

(3) Be educated with and participate with both other children	6474
with disabilities and nondisabled children in the specific	6475
activities described pursuant to division (D) of this section.	6476

(E) An explanation of the extent, if any, to which the child	6477
will not participate with nondisabled children in the regular	6478
class, including an early childhood education setting, and in the	6479
activities described pursuant to division (D) of this section;	6480

(F) A statement of any individual appropriate accommodations	6481
that are necessary to measure the academic achievement and	6482
functional performance of the child on state and districtwide	6483
assessments consistent with section 612(a)(16) of the "Individuals	6484
with Disabilities Education Improvement Act of 2004," 20 U.S.C.	6485
1412(a)(16). If the IEP team determines that the child shall take	6486
an alternate assessment on a particular state or districtwide	6487
assessment of student achievement, the IEP shall contain a	6488
statement of why the child cannot participate in the regular	6489
assessment and why the particular alternate assessment selected is	6490
appropriate for the child.	6491

(G) The projected date for the beginning of the services and	6492
modifications described pursuant to division (D) of this section	6493
and the anticipated frequency, location, and duration of those	6494
services and modifications;	6495

(H) Beginning not later than the first IEP to be in effect	6496
when the child is ~~sixteen~~fourteen years of age, and updated	6497
annually thereafter, a statement describing:	6498

(1) Appropriate measurable post-secondary goals based upon	6499
age-appropriate transition assessments related to training,	6500
education, ~~employment,~~ and independent living skills;	6501

(2) Appropriate measurable post-secondary goals based on	6502
age-appropriate transition assessments related to employment in a	6503
competitive environment in which workers are integrated regardless	6504
of disability;	6505

(3) The transition services, including courses of study,	6506
needed to assist the child in reaching the goals described in	6507
~~division~~divisions (H)(1) and (2) of this section.	6508

(I) Beginning not later than one year before the child	6509
reaches eighteen years of age, a statement that the child has been	6510
informed of the child's rights under Title XX of the United States	6511
Code that will transfer to the child on reaching eighteen years of	6512
age in accordance with section 615(m) of the "Individuals with	6513
Disabilities Education Improvement Act of 2004," 20 U.S.C.	6514
1415(m).	6515

Nothing in this section shall be construed to require that	6516
additional information be included in a child's IEP beyond the	6517
items explicitly required by this section and that the IEP team	6518
include information under one component of a child's IEP that is	6519
already contained under another component of the IEP.	6520

Sec. 3333.0411. Not later than December 31, 2012, and	6521
annually thereafter, the chancellor of the Ohio board of regents	6522
shall report ~~aggregate~~both of the following:	6523

(A) Aggregate academic growth data for students assigned to	6524
graduates of teacher preparation programs approved under section	6525
3333.048 of the Revised Code who teach English language arts or	6526
mathematics in any of grades four to eight in a public school in	6527
Ohio. For this purpose, the chancellor shall use the value-added	6528
progress dimension prescribed by section 3302.021 of the Revised	6529
Code. The chancellor shall aggregate the data by graduating class	6530
for each approved teacher preparation program, except that if a	6531
particular class has ten or fewer graduates to which this section	6532
applies, the chancellor shall report the data for a group of	6533
classes over a three-year period;	6534

(B) For each approved teacher preparation program, the number	6535
and percentage of all graduates of the program who were rated at	6536
each of the performance levels prescribed by division (B)(1) of	6537
section 3319.112 of the Revised Code on an evaluation conducted in	6538
accordance with section 3319.111 of the Revised Code in the	6539
previous school year. In	6540

In no case shall the report identify any individual graduate.	6541
The department of education shall share any data necessary for the	6542
report with the chancellor.	6543

Sec. 3333.391. (A) As used in this section and in section	6544
3333.392 of the Revised Code:	6545

(1) "Academic year" shall be as defined by the chancellor of	6546
the Ohio board of regents.	6547

(2) "Hard-to-staff school" and "hard-to-staff subject" shall	6548
be as defined by the department of education.	6549

(3) "Parent" means the parent, guardian, or custodian of a	6550
qualified student.	6551

(4) "Qualified service" means teaching at a qualifying	6552
school.	6553

(5) "Qualifying school" means a hard-to-staff school district	6554
building or a school district building that has a performance	6555
rating of academic watch or academic emergency or of "D" or "F"	6556
under section 3302.03 of the Revised Code at the time the	6557
recipient becomes employed by the district.	6558

(B) If the chancellor of the Ohio board of regents determines	6559
that sufficient funds are available from general revenue fund	6560
appropriations made to the Ohio board of regents or to the	6561
chancellor, the chancellor and the superintendent of public	6562
instruction jointly may develop and agree on a plan for the Ohio	6563
teaching fellows program to promote and encourage high school	6564
seniors to enter and remain in the teaching profession. Upon	6565
agreement of such a plan, the chancellor shall establish and	6566
administer the program in conjunction with the superintendent and	6567
with the cooperation of teacher training institutions. Under the	6568
program, the chancellor annually shall provide scholarships to	6569
students who commit to teaching in a qualifying school for a	6570
minimum of four years upon graduation from a teacher training	6571
program at a state institution of higher education or an Ohio	6572
nonprofit institution of higher education that has a certificate	6573
of authorization under Chapter 1713. of the Revised Code. The	6574
scholarships shall be for up to four years at the undergraduate	6575
level at an amount determined by the chancellor based on state	6576
appropriations.	6577

(C) The chancellor shall adopt a competitive process for	6578
awarding scholarships under the teaching fellows program, which	6579
shall include minimum grade point average and scores on national	6580
standardized tests for college admission. The process shall also	6581
give additional consideration to all of the following:	6582

(1) A person who has participated in the program described in	6583
division (A) of section 3333.39 of the Revised Code;	6584

(2) A person who plans to specialize in teaching students	6585
with special needs;	6586

(3) A person who plans to teach in the disciplines of	6587
science, technology, engineering, or mathematics.	6588

The chancellor shall require that all applicants to the	6589
teaching fellows program shall file a statement of service status	6590
in compliance with section 3345.32 of the Revised Code, if	6591
applicable, and that all applicants have not been convicted of,	6592
plead guilty to, or adjudicated a delinquent child for any	6593
violation listed in section 3333.38 of the Revised Code.	6594

(D) Teaching fellows shall complete the four-year teaching	6595
commitment within not more than seven years after graduating from	6596
the teacher training program. Failure to fulfill the commitment	6597
shall convert the scholarship into a loan to be repaid under	6598
section 3333.392 of the Revised Code.	6599

(E) The chancellor shall adopt rules in accordance with	6600
Chapter 119. of the Revised Code to administer this section and	6601
section 3333.392 of the Revised Code.	6602

Sec. 4123.391. (A) For purposes of this section, "learn to	6603
earn program" means any program established by the department of	6604
job and family services that is designed to increase an	6605
individual's opportunity to move to permanent employment through a	6606
short-term work experience placement with an eligible employer.	6607

(B) A participant in a learn to earn program is entitled to	6608
compensation and benefits under this chapter as provided in this	6609
section.	6610

(C)(1) A learn to earn program participant who suffers an	6611
injury or contracts an occupational disease that produces a	6612
disability arising out of and in the course of participation in	6613
the learn to earn program, and who remains otherwise eligible for	6614
unemployment compensation benefits pursuant to Chapter 4141. of	6615
the Revised Code, shall receive unemployment compensation benefits	6616
while otherwise eligible for those benefits.	6617

(2) If a disability arising out of and in the course of	6618
participation in a learn to earn program causes a participant to	6619
become ineligible for unemployment compensation benefits or unable	6620
to work after the expiration of the participant's eligibility for	6621
unemployment compensation benefits, the participant shall receive	6622
compensation and benefits under this chapter.	6623

(D) For purposes of this section, a participant in a learn to	6624
earn program is an employee of the department, and not an employee	6625
of the entity conducting the training.	6626

(E)(1) A learn to earn participant is considered to have	6627
accepted the terms and conditions of this chapter and to have	6628
waived on behalf of the participant or the participant's personal	6629
or legal representatives all rights of action on account of the	6630
participant's injury or occupational disease arising out of and in	6631
the course of participation in the program whether at common law,	6632
by statute, or under the laws of any other state against the	6633
entity conducting the training, the department, or any learn to	6634
earn program established by the department.	6635

(2) The dependents of a participant shall have no direct	6636
cause of action to recover for damages on account of the	6637
participant's personal injury or death against any person	6638
identified in division (E)(1) of this section, whether at common	6639
law, by statute, or under the laws of any other state.	6640

(3) Notwithstanding division (E)(1) of this section, a	6641
participant does not waive on behalf of the participant or the	6642
participant's personal or legal representatives, any cause of	6643
action for intentional torts against any officer, director, agent,	6644
or employee acting on behalf of the entities listed in division	6645
(E)(1) of this section.	6646

(F) Notwithstanding sections 4123.39 and 4123.40 of the	6647
Revised Code, the department may insure the compensation and	6648
benefits provided under this chapter pursuant to this section. The	6649
department may include a learn to earn participant in its	6650
department workers' compensation coverage, or may establish a	6651
separate workers' compensation coverage policy with the bureau of	6652
workers' compensation upon the terms and conditions for insurance	6653
to be established by the bureau consistent with insurance	6654
principles, as is equitable in the view of degree and hazard.	6655

(G) Notwithstanding section 4123.82 of the Revised Code, the	6656
department may enter into a contract to indemnify the department	6657
against all or part of the department's loss as a result of	6658
liability of the department that is attributable to any claims for	6659
compensation or benefits under this chapter arising from	6660
participation in any learn to earn program.	6661

Sec. 4139.01. As used in ~~sections 4139.01 to 4139.06 of the~~	6662
~~Revised Code~~this chapter:	6663

(A) "Apprentice" means a person at least sixteen years of	6664
age, except when a higher minimum age standard is otherwise fixed	6665
by law, who is ~~covered by an~~in a registered apprenticeship	6666
program to learn a skilled occupation, pursuant to a registered	6667
apprenticeship agreement.	6668

(B) "Apprenticeship agreement" means a written agreement,	6669
registered with the ~~Ohio state~~ apprenticeship council, providing	6670
for not less than two thousand hours of reasonably continuous	6671
employment, and for participation in an approved schedule of work	6672
experience through employment, which shall be supplemented by a	6673
minimum of one hundred forty-four hours per year of related and	6674
supplemental instructions.	6675

(C) "Council office" means the unit of the department of job	6676
and family services that staffs the apprenticeship council and	6677
performs the administrative and oversight functions concerning	6678
this state's registered apprenticeship system.	6679

Sec. 4139.03. The apprenticeship council may ~~establish~~	6680
recommend minimum standards for apprenticeship programs and may	6681
formulate policies and ~~issue~~recommend rules as may be necessary	6682
to carry out the purpose of ~~sections 4139.01 to 4139.06 of the~~	6683
~~Revised Code~~this chapter. The council shall determine the date	6684
and place of its meetings and shall prescribe its own rules of	6685
procedure.	6686

Sec. 4139.04. The director of job and family services shall	6687
appoint the executive secretary of the ~~apprenticeship~~ council	6688
office, which appointment shall be subject to confirmation by a	6689
majority vote of the apprenticeship council. The director shall	6690
appoint such additional personnel as may be necessary, subject to	6691
Chapter 124. of the Revised Code.	6692

Sec. 4139.05. The executive secretary of the ~~apprenticeship~~	6693
council office has the following duties:	6694

(A) Encourage the voluntary participation of employers and	6695
employees in the furtherance of the objective of ~~sections 4139.01~~	6696
~~to 4139.06 of the Revised Code~~this chapter;	6697

(B) Register any apprenticeship programs and agreements that	6698
meet the minimum standards established by ~~the council~~federal	6699
regulations and state rules governing the registered	6700
apprenticeship system;	6701

(C) Terminate or cancel ~~on the authority of~~in consultation	6702
with the apprenticeship council any registered apprenticeship	6703
programs and agreements not in ~~accordance~~compliance with the	6704
provisions of such standards;	6705

(D) Keep a record of apprenticeship programs and their	6706
disposition;	6707

(E) ~~Issue certificate of completion of apprenticeship in~~	6708
~~accordance with the council's standards;~~	6709

~~(F)~~ Devise and implement all ~~necessary~~ procedures and ~~records~~	6710
minimum standards as are necessary for the administration of the	6711
registered apprenticeship system;	6712

(F) Implement administrative rules adopted by the director of	6713
job and family services as necessary for the administration of the	6714
registered apprenticeship system;	6715

(G) Prepare statistical reports regarding apprenticeship	6716
training;	6717

(H) Issue information related to apprenticeship;

6718

(I) Perform such other duties as ~~the council may direct~~	6719
appropriate under the applicable rules and regulations.	6720

Sec. 5104.01. As used in this chapter:

6721

(A) "Administrator" means the person responsible for the	6722
daily operation of a center or type A home. The administrator and	6723
the owner may be the same person.	6724

(B) "Approved child day camp" means a child day camp approved	6725
pursuant to section 5104.22 of the Revised Code.	6726

(C) "Authorized provider" means a person authorized by a	6727
county director of job and family services to operate a certified	6728
type B family day-care home.	6729

(D) "Border state child care provider" means a child care	6730
provider that is located in a state bordering Ohio and that is	6731
licensed, certified, or otherwise approved by that state to	6732
provide child care.	6733

(E) "Career pathways model" means an alternative pathway to	6734
meeting the requirements ~~for~~to be a child-care staff member or	6735
administrator that ~~uses one~~does both of the following:	6736

(1) Uses a framework approved by the director of job and	6737
family services to ~~integrate the pathways of~~document formal	6738
education, training, experience, and specialized credentials, and	6739
certifications~~, and that allows~~;	6740

(2) Allows the child-care staff member or administrator to	6741
achieve a designation as an early childhood professional level	6742
one, two, three, four, five, or six.	6743

(F) "Caretaker parent" means the father or mother of a child	6744
whose presence in the home is needed as the caretaker of the	6745
child, a person who has legal custody of a child and whose	6746
presence in the home is needed as the caretaker of the child, a	6747
guardian of a child whose presence in the home is needed as the	6748
caretaker of the child, and any other person who stands in loco	6749
parentis with respect to the child and whose presence in the home	6750
is needed as the caretaker of the child.	6751

(G) "Certified type B family day-care home" and "certified	6752
type B home" mean a type B family day-care home that is certified	6753
by the director of the county department of job and family	6754
services pursuant to section 5104.11 of the Revised Code to	6755
receive public funds for providing child care pursuant to this	6756
chapter and any rules adopted under it.	6757

(H) "Chartered nonpublic school" means a school that meets	6758
standards for nonpublic schools prescribed by the state board of	6759
education for nonpublic schools pursuant to section 3301.07 of the	6760
Revised Code.	6761

(I) "Child" includes an infant, toddler, ~~preschool~~	6762
preschool-age child, or ~~school~~school-age child.	6763

(J) "Child care block grant act" means the "Child Care and	6764
Development Block Grant Act of 1990," established in section 5082	6765
of the "Omnibus Budget Reconciliation Act of 1990," 104 Stat.	6766
1388-236 (1990), 42 U.S.C. 9858, as amended.	6767

(K) "Child day camp" means a program in which only ~~school~~	6768
school-age children attend or participate, that operates for no	6769
more than seven hours per day, that operates only during one or	6770
more public school district's regular vacation periods or for no	6771
more than fifteen weeks during the summer, and that operates	6772
outdoor activities for each child who attends or participates in	6773
the program for a minimum of fifty per cent of each day that	6774
children attend or participate in the program, except for any day	6775
when hazardous weather conditions prevent the program from	6776
operating outdoor activities for a minimum of fifty per cent of	6777
that day. For purposes of this division, the maximum seven hours	6778
of operation time does not include transportation time from a	6779
child's home to a child day camp and from a child day camp to a	6780
child's home.	6781

(L) "Child care" means administering to the needs of infants,	6782
toddlers, ~~preschool~~preschool-age children, and ~~school~~school-age	6783
children outside of school hours by persons other than their	6784
parents or guardians, custodians, or relatives by blood, marriage,	6785
or adoption for any part of the twenty-four-hour day in a place or	6786
residence other than a child's own home.	6787

(M) "Child day-care center" and "center" mean any place in	6788
which child care or publicly funded child care is provided for	6789
thirteen or more children at one time or any place that is not the	6790
permanent residence of the licensee or administrator in which	6791
child care or publicly funded child care is provided for seven to	6792
twelve children at one time. In counting children for the purposes	6793
of this division, any children under six years of age who are	6794
related to a licensee, administrator, or employee and who are on	6795
the premises of the center shall be counted. "Child day-care	6796
center" and "center" do not include any of the following:	6797

(1) A place located in and operated by a hospital, as defined	6798
in section 3727.01 of the Revised Code, in which the needs of	6799
children are administered to, if all the children whose needs are	6800
being administered to are monitored under the on-site supervision	6801
of a physician licensed under Chapter 4731. of the Revised Code or	6802
a registered nurse licensed under Chapter 4723. of the Revised	6803
Code, and the services are provided only for children who, in the	6804
opinion of the child's parent, guardian, or custodian, are	6805
exhibiting symptoms of a communicable disease or other illness or	6806
are injured;	6807

(2) A child day camp;

6808

(3) A place that provides child care, but not publicly funded	6809
child care, if all of the following apply:	6810

(a) An organized religious body provides the child care;

6811

(b) A parent, custodian, or guardian of at least one child	6812
receiving child care is on the premises and readily accessible at	6813
all times;	6814

(c) The child care is not provided for more than thirty days	6815
a year;	6816

(d) The child care is provided only for ~~preschool~~	6817
preschool-age and ~~school~~school-age children.	6818

(N) "Child care resource and referral service organization"	6819
means a community-based nonprofit organization that provides child	6820
care resource and referral services but not child care.	6821

(O) "Child care resource and referral services" means all of	6822
the following services:	6823

(1) Maintenance of a uniform data base of all child care	6824
providers in the community that are in compliance with this	6825
chapter, including current occupancy and vacancy data;	6826

(2) Provision of individualized consumer education to	6827
families seeking child care;	6828

(3) Provision of timely referrals of available child care	6829
providers to families seeking child care;	6830

(4) Recruitment of child care providers;

6831

(5) Assistance in the development, conduct, and dissemination	6832
of training for child care providers and provision of technical	6833
assistance to current and potential child care providers,	6834
employers, and the community;	6835

(6) Collection and analysis of data on the supply of and	6836
demand for child care in the community;	6837

(7) Technical assistance concerning locally, state, and	6838
federally funded child care and early childhood education	6839
programs;	6840

(8) Stimulation of employer involvement in making child care	6841
more affordable, more available, safer, and of higher quality for	6842
their employees and for the community;	6843

(9) Provision of written educational materials to caretaker	6844
parents and informational resources to child care providers;	6845

(10) Coordination of services among child care resource and	6846
referral service organizations to assist in developing and	6847
maintaining a statewide system of child care resource and referral	6848
services if required by the department of job and family services;	6849

(11) Cooperation with the county department of job and family	6850
services in encouraging the establishment of parent cooperative	6851
child care centers and parent cooperative type A family day-care	6852
homes.	6853

(P) "Child-care staff member" means an employee of a child	6854
day-care center or type A family day-care home who is primarily	6855
responsible for the care and supervision of children. The	6856
administrator may be a part-time child-care staff member when not	6857
involved in other duties.	6858

(Q) "Drop-in child day-care center," "drop-in center,"	6859
"drop-in type A family day-care home," and "drop-in type A home"	6860
mean a center or type A home that provides child care or publicly	6861
funded child care for children on a temporary, irregular basis.	6862

(R) "Employee" means a person who either:

6863

(1) Receives compensation for duties performed in a child	6864
day-care center or type A family day-care home;	6865

(2) Is assigned specific working hours or duties in a child	6866
day-care center or type A family day-care home.	6867

(S) "Employer" means a person, firm, institution,	6868
organization, or agency that operates a child day-care center or	6869
type A family day-care home subject to licensure under this	6870
chapter.	6871

(T) "Federal poverty line" means the official poverty	6872
guideline as revised annually in accordance with section 673(2) of	6873
the "Omnibus Budget Reconciliation Act of 1981," 95 Stat. 511, 42	6874
U.S.C. 9902, as amended, for a family size equal to the size of	6875
the family of the person whose income is being determined.	6876

(U) "Head start program" means a comprehensive child	6877
development program that receives funds distributed under the	6878
"Head Start Act," 95 Stat. 499 (1981), 42 U.S.C.A. 9831, as	6879
amended, and is licensed as a child day-care center.	6880

(V) "Income" means gross income, as defined in section	6881
5107.10 of the Revised Code, less any amounts required by federal	6882
statutes or regulations to be disregarded.	6883

(W) "Indicator checklist" means an inspection tool, used in	6884
conjunction with an instrument-based program monitoring	6885
information system, that contains selected licensing requirements	6886
that are statistically reliable indicators or predictors of a	6887
child day-care center or type A family day-care home's compliance	6888
with licensing requirements.	6889

(X) "Infant" means a child who is less than eighteen months	6890
of age.	6891

(Y) "In-home aide" means a person who does not reside with	6892
the child but provides care in the child's home and is certified	6893
by a county director of job and family services pursuant to	6894
section 5104.12 of the Revised Code to provide publicly funded	6895
child care to a child in a child's own home pursuant to this	6896
chapter and any rules adopted under it.	6897

(Z) "Instrument-based program monitoring information system"	6898
means a method to assess compliance with licensing requirements	6899
for child day-care centers and type A family day-care homes in	6900
which each licensing requirement is assigned a weight indicative	6901
of the relative importance of the requirement to the health,	6902
growth, and safety of the children that is used to develop an	6903
indicator checklist.	6904

(AA) "License capacity" means the maximum number in each age	6905
category of children who may be cared for in a child day-care	6906
center or type A family day-care home at one time as determined by	6907
the director of job and family services considering building	6908
occupancy limits established by the department of commerce, amount	6909
of available indoor floor space and outdoor play space, and amount	6910
of available play equipment, materials, and supplies. For the	6911
purposes of a provisional license issued under this chapter, the	6912
director shall also consider the number of available child-care	6913
staff members when determining "license capacity" for the	6914
provisional license.	6915

(BB) "Licensed child care program" means any of the	6916
following:	6917

(1) A child day-care center licensed by the department of job	6918
and family services pursuant to this chapter;	6919

(2) A type A family day-care home licensed by the department	6920
of job and family services pursuant to this chapter;	6921

(3) A type B family day-care home certified by a county	6922
department of job and family services pursuant to this chapter;	6923

(4) A licensed preschool program or licensed school child	6924
program.	6925

(CC) "Licensed preschool program" or "licensed school child	6926
program" means a preschool program or school child program, as	6927
defined in section 3301.52 of the Revised Code, that is licensed	6928
by the department of education pursuant to sections 3301.52 to	6929
3301.59 of the Revised Code.	6930

~~(CC)~~(DD) "Licensee" means the owner of a child day-care	6931
center or type A family day-care home that is licensed pursuant to	6932
this chapter and who is responsible for ensuring its compliance	6933
with this chapter and rules adopted pursuant to this chapter.	6934

~~(DD)~~(EE) "Operate a child day camp" means to operate,	6935
establish, manage, conduct, or maintain a child day camp.	6936

~~(EE)~~(FF) "Owner" includes a person, as defined in section	6937
1.59 of the Revised Code, or government entity.	6938

~~(FF)~~(GG) "Parent cooperative child day-care center," "parent	6939
cooperative center," "parent cooperative type A family day-care	6940
home," and "parent cooperative type A home" mean a corporation or	6941
association organized for providing educational services to the	6942
children of members of the corporation or association, without	6943
gain to the corporation or association as an entity, in which the	6944
services of the corporation or association are provided only to	6945
children of the members of the corporation or association,	6946
ownership and control of the corporation or association rests	6947
solely with the members of the corporation or association, and at	6948
least one parent-member of the corporation or association is on	6949
the premises of the center or type A home during its hours of	6950
operation.	6951

~~(GG)~~(HH) "Part-time child day-care center," "part-time	6952
center," "part-time type A family day-care home," and "part-time	6953
type A home" mean a center or type A home that provides child care	6954
or publicly funded child care for no more than four hours a day	6955
for any child.	6956

~~(HH)~~(II) "Place of worship" means a building where activities	6957
of an organized religious group are conducted and includes the	6958
grounds and any other buildings on the grounds used for such	6959
activities.	6960

~~(II)~~(JJ) "~~Preschool~~Preschool-age child" means a child who is	6961
three years old or older but is not a ~~school~~school-age child.	6962

~~(JJ)~~(KK) "Protective child care" means publicly funded child	6963
care for the direct care and protection of a child to whom either	6964
of the following applies:	6965

(1) A case plan prepared and maintained for the child	6966
pursuant to section 2151.412 of the Revised Code indicates a need	6967
for protective care and the child resides with a parent,	6968
stepparent, guardian, or another person who stands in loco	6969
parentis as defined in rules adopted under section 5104.38 of the	6970
Revised Code;	6971

(2) The child and the child's caretaker either temporarily	6972
reside in a facility providing emergency shelter for homeless	6973
families or are determined by the county department of job and	6974
family services to be homeless, and are otherwise ineligible for	6975
publicly funded child care.	6976

~~(KK)~~(LL) "Publicly funded child care" means administering to	6977
the needs of infants, toddlers, ~~preschool~~preschool-age children,	6978
and ~~school~~school-age children under age thirteen during any part	6979
of the twenty-four-hour day by persons other than their caretaker	6980
parents for remuneration wholly or in part with federal or state	6981
funds, including funds available under the child care block grant	6982
act, Title IV-A, and Title XX, distributed by the department of	6983
job and family services.	6984

~~(LL)~~(MM) "Religious activities" means any of the following:	6985
worship or other religious services; religious instruction; Sunday	6986
school classes or other religious classes conducted during or	6987
prior to worship or other religious services; youth or adult	6988
fellowship activities; choir or other musical group practices or	6989
programs; meals; festivals; or meetings conducted by an organized	6990
religious group.	6991

~~(MM)~~(NN) "~~School~~School-age child" means a child who is	6992
enrolled in or is eligible to be enrolled in a grade of	6993
kindergarten or above but is less than fifteen years old.	6994

~~(NN)~~(OO) "~~School child day-care center," "school~~School-age	6995
child care center," ~~"school child type A family day-care home,"~~	6996
and "~~school~~school-age child type A ~~family~~ home" mean a center or	6997
type A home that provides child care for ~~school~~school-age	6998
children only and that does either or both of the following:	6999

(1) Operates only during that part of the day that	7000
immediately precedes or follows the public school day of the	7001
school district in which the center or type A home is located;	7002

(2) Operates only when the public schools in the school	7003
district in which the center or type A home is located are not	7004
open for instruction with pupils in attendance.	7005

~~(OO)~~(PP) "Serious risk noncompliance" means a licensure or	7006
certification rule violation that leads to a great risk of harm	7007
to, or death of, a child, and is observable, not inferable.	7008

~~(PP)~~(QQ) "State median income" means the state median income	7009
calculated by the department of development pursuant to division	7010
(A)(1)(g) of section 5709.61 of the Revised Code.	7011

~~(QQ)~~(RR) "Title IV-A" means Title IV-A of the "Social	7012
Security Act," 110 Stat. 2113 (1996), 42 U.S.C. 601, as amended.	7013

~~(RR)~~(SS) "Title XX" means Title XX of the "Social Security	7014
Act," 88 Stat. 2337 (1974), 42 U.S.C. 1397, as amended.	7015

~~(SS)~~(TT) "Toddler" means a child who is at least eighteen	7016
months of age but less than three years of age.	7017

~~(TT)~~(UU) "Type A family day-care home" and "type A home" mean	7018
a permanent residence of the administrator in which child care or	7019
publicly funded child care is provided for seven to twelve	7020
children at one time or a permanent residence of the administrator	7021
in which child care is provided for four to twelve children at one	7022
time if four or more children at one time are under two years of	7023
age. In counting children for the purposes of this division, any	7024
children under six years of age who are related to a licensee,	7025
administrator, or employee and who are on the premises of the type	7026
A home shall be counted. "Type A family day-care home" and "type A	7027
home" do not include any child day camp.	7028

~~(UU)~~(VV) "Type B family day-care home" and "type B home" mean	7029
a permanent residence of the provider in which child care is	7030
provided for one to six children at one time and in which no more	7031
than three children are under two years of age at one time. In	7032
counting children for the purposes of this division, any children	7033
under six years of age who are related to the provider and who are	7034
on the premises of the type B home shall be counted. "Type B	7035
family day-care home" and "type B home" do not include any child	7036
day camp.	7037

Sec. 5104.011. (A) The director of job and family services	7038
shall adopt rules pursuant to Chapter 119. of the Revised Code	7039
governing the operation of child day-care centers, including, but	7040
not limited to, parent cooperative centers, part-time centers,	7041
drop-in centers, and ~~school~~school-age child care centers, which	7042
rules shall reflect the various forms of child care and the needs	7043
of children receiving child care or publicly funded child care and	7044
shall include specific rules for ~~school~~school-age child care	7045
centers that are developed in consultation with the department of	7046
education. The rules shall not require an existing school facility	7047
that is in compliance with applicable building codes to undergo an	7048
additional building code inspection or to have structural	7049
modifications. The rules shall include the following:	7050

(1) Submission of a site plan and descriptive plan of	7051
operation to demonstrate how the center proposes to meet the	7052
requirements of this chapter and rules adopted pursuant to this	7053
chapter for the initial license application;	7054

(2) Standards for ensuring that the physical surroundings of	7055
the center are safe and sanitary including, but not limited to,	7056
the physical environment, the physical plant, and the equipment of	7057
the center;	7058

(3) Standards for the supervision, care, and discipline of	7059
children receiving child care or publicly funded child care in the	7060
center;	7061

(4) Standards for a program of activities, and for play	7062
equipment, materials, and supplies, to enhance the development of	7063
each child; however, any educational curricula, philosophies, and	7064
methodologies that are developmentally appropriate and that	7065
enhance the social, emotional, intellectual, and physical	7066
development of each child shall be permissible. As used in this	7067
division, "program" does not include instruction in religious or	7068
moral doctrines, beliefs, or values that is conducted at child	7069
day-care centers owned and operated by churches and does include	7070
methods of disciplining children at child day-care centers.	7071

(5) Admissions policies and procedures, health care policies	7072
and procedures, including, but not limited to, procedures for the	7073
isolation of children with communicable diseases, first aid and	7074
emergency procedures, procedures for discipline and supervision of	7075
children, standards for the provision of nutritious meals and	7076
snacks, and procedures for screening children and employees, that	7077
may include any necessary physical examinations and immunizations;	7078

(6) Methods for encouraging parental participation in the	7079
center and methods for ensuring that the rights of children,	7080
parents, and employees are protected and that responsibilities of	7081
parents and employees are met;	7082

(7) Procedures for ensuring the safety and adequate	7083
supervision of children traveling off the premises of the center	7084
while under the care of a center employee;	7085

(8) Procedures for record keeping, organization, and	7086
administration;	7087

(9) Procedures for issuing, denying, and revoking a license	7088
that are not otherwise provided for in Chapter 119. of the Revised	7089
Code;	7090

(10) Inspection procedures;

7091

(11) Procedures and standards for setting initial license	7092
application fees;	7093

(12) Procedures for receiving, recording, and responding to	7094
complaints about centers;	7095

(13) Procedures for enforcing section 5104.04 of the Revised	7096
Code;	7097

(14) A standard requiring the inclusion, on and after July 1,	7098
1987, of a current department of job and family services toll-free	7099
telephone number on each center provisional license or license	7100
which any person may use to report a suspected violation by the	7101
center of this chapter or rules adopted pursuant to this chapter;	7102

(15) Requirements for the training of administrators and	7103
child-care staff members in first aid, in prevention, recognition,	7104
and management of communicable diseases, and in child abuse	7105
recognition and prevention. Training requirements for child	7106
day-care centers adopted under this division shall be consistent	7107
with divisions (B)(6) and (C)(1) of this section.	7108

(16) Standards providing for the special needs of children	7109
who are handicapped or who require treatment for health conditions	7110
while the child is receiving child care or publicly funded child	7111
care in the center;	7112

(17) A procedure for reporting of injuries of children that	7113
occur at the center;	7114

(18) Any other procedures and standards necessary to carry	7115
out this chapter.	7116

(B)(1) The child day-care center shall have, for each child	7117
for whom the center is licensed, at least thirty-five square feet	7118
of usable indoor floor space wall-to-wall regularly available for	7119
the child care operation exclusive of any parts of the structure	7120
in which the care of children is prohibited by law or by rules	7121
adopted by the board of building standards. The minimum of	7122
thirty-five square feet of usable indoor floor space shall not	7123
include hallways, kitchens, storage areas, or any other areas that	7124
are not available for the care of children, as determined by the	7125
director, in meeting the space requirement of this division, and	7126
bathrooms shall be counted in determining square footage only if	7127
they are used exclusively by children enrolled in the center,	7128
except that the exclusion of hallways, kitchens, storage areas,	7129
bathrooms not used exclusively by children enrolled in the center,	7130
and any other areas not available for the care of children from	7131
the minimum of thirty-five square feet of usable indoor floor	7132
space shall not apply to:	7133

(a) Centers licensed prior to or on September 1, 1986, that	7134
continue under licensure after that date;	7135

(b) Centers licensed prior to or on September 1, 1986, that	7136
are issued a new license after that date solely due to a change of	7137
ownership of the center.	7138

(2) The child day-care center shall have on the site a safe	7139
outdoor play space which is enclosed by a fence or otherwise	7140
protected from traffic or other hazards. The play space shall	7141
contain not less than sixty square feet per child using such space	7142
at any one time, and shall provide an opportunity for supervised	7143
outdoor play each day in suitable weather. The director may exempt	7144
a center from the requirement of this division, if an outdoor play	7145
space is not available and if all of the following are met:	7146

(a) The center provides an indoor recreation area that has	7147
not less than sixty square feet per child using the space at any	7148
one time, that has a minimum of one thousand four hundred forty	7149
square feet of space, and that is separate from the indoor space	7150
required under division (B)(1) of this section.	7151

(b) The director has determined that there is regularly	7152
available and scheduled for use a conveniently accessible and safe	7153
park, playground, or similar outdoor play area for play or	7154
recreation.	7155

(c) The children are closely supervised during play and while	7156
traveling to and from the area.	7157

The director also shall exempt from the requirement of this	7158
division a child day-care center that was licensed prior to	7159
September 1, 1986, if the center received approval from the	7160
director prior to September 1, 1986, to use a park, playground, or	7161
similar area, not connected with the center, for play or	7162
recreation in lieu of the outdoor space requirements of this	7163
section and if the children are closely supervised both during	7164
play and while traveling to and from the area and except if the	7165
director determines upon investigation and inspection pursuant to	7166
section 5104.04 of the Revised Code and rules adopted pursuant to	7167
that section that the park, playground, or similar area, as well	7168
as access to and from the area, is unsafe for the children.	7169

(3) The child day-care center shall have at least two	7170
responsible adults available on the premises at all times when	7171
seven or more children are in the center. The center shall	7172
organize the children in the center in small groups, shall provide	7173
child-care staff to give continuity of care and supervision to the	7174
children on a day-by-day basis, and shall ensure that no child is	7175
left alone or unsupervised. Except as otherwise provided in	7176
division (E) of this section, the maximum number of children per	7177
child-care staff member and maximum group size, by age category of	7178
children, are as follows:	7179

	Maximum Number of		7180
	Children Per	Maximum	7181
Age Category	Child-Care	Group	7182
of Children	Staff Member	Size	7183
(a) Infants:			7184
(i) Less than twelve			7185
months old	5:1, or		7186
	12:2 if two		7187
	child-care		7188
	staff members		7189
	are in the room	12	7190
(ii) At least twelve			7191
months old, but			7192
less than eighteen			7193
months old	6:1	12	7194
(b) Toddlers:			7195
(i) At least eighteen			7196
months old, but			7197
less than thirty			7198
months old	7:1	14	7199
(ii) At least thirty months			7200
old, but less than			7201
three years old	8:1	16	7202
(c) ~~Preschool~~ Preschool-age			7203
children:			7204
(i) Three years old	12:1	24	7205
(ii) Four years old and			7206
five years old who			7207
are not school			7208
children	14:1	28	7209
(d) ~~School~~ School-age children:			7210
(i) A child who is			7211
enrolled in or is			7212
eligible to be			7213
enrolled in a grade			7214
of kindergarten			7215
or above, but			7216
is less than			7217
eleven years old	18:1	36	7218
(ii) Eleven through fourteen			7219
years old	20:1	40	7220

Except as otherwise provided in division (E) of this section,	7221
the maximum number of children per child-care staff member and	7222
maximum group size requirements of the younger age group shall	7223
apply when age groups are combined.	7224

~~(4)(a) The child day-care center administrator shall show the~~	7225
~~director both of the following:~~	7226

~~(i) Evidence of at least high school graduation or~~	7227
~~certification of high school equivalency by the state board of~~	7228
~~education or the appropriate agency of another state;~~	7229

~~(ii) Evidence of having completed at least two years of~~	7230
~~training in an accredited college, university, or technical~~	7231
~~college, including courses in child development or early childhood~~	7232
~~education, at least two years of experience in supervising and~~	7233
~~giving daily care to children attending an organized group~~	7234
~~program, or the equivalent based on a designation as an "early~~	7235
~~childhood professional level three" under the career pathways~~	7236
~~model of the quality-rating program established under section~~	7237
~~5104.30 of the Revised Code.~~	7238

~~(b) In addition to the requirements of division (B)(4)(a) of~~	7239
~~this section and except as provided in division (B)(4)(c) of this~~	7240
~~section, any administrator employed or designated as such prior to~~	7241
~~the effective date of this section, as amended, shall show~~	7242
~~evidence of at least one of the following within six years after~~	7243
~~the date of employment or designation:~~	7244

~~(i) Two years of experience working as a child-care staff~~	7245
~~member in a center and at least four courses in child development~~	7246
~~or early childhood education from an accredited college,~~	7247
~~university, or technical college, except that a person who has two~~	7248
~~years of experience working as a child-care staff member in a~~	7249
~~particular center and who has been promoted to or designated as~~	7250
~~administrator of that center shall have one year from the time the~~	7251
~~person was promoted to or designated as administrator to complete~~	7252
~~the required four courses;~~	7253

~~(ii) Two years of training, including at least four courses~~	7254
~~in child development or early childhood education from an~~	7255
~~accredited college, university, or technical college;~~	7256

~~(iii) A child development associate credential issued by the~~	7257
~~national child development associate credentialing commission;~~	7258

~~(iv) An associate or higher degree in child development or~~	7259
~~early childhood education from an accredited college, technical~~	7260
~~college, or university, or a license designated for teaching in an~~	7261
~~associate teaching position in a preschool setting issued by the~~	7262
~~state board of education.~~	7263

~~(c) For the purposes of division (B)(4)(b) of this section,~~	7264
~~any administrator employed or designated as such prior to the~~	7265
~~effective date of this section, as amended, may also show evidence~~	7266
~~of an administrator's credential as approved by the department of~~	7267
~~job and family services in lieu of, or in addition to, the~~	7268
~~evidence required under division (B)(4)(b) of this section. The~~	7269
~~evidence of an administrator's credential must be shown to the~~	7270
~~director not later than one year after the date of employment or~~	7271
~~designation.~~	7272

~~(d) In addition to the requirements of division (B)(4)(a) of~~	7273
~~this section, any administrator employed or designated as such on~~	7274
~~or after the effective date of this section, as amended, shall~~	7275
~~show evidence of at least one of the following not later than one~~	7276
~~year after the date of employment or designation:~~	7277

~~(i) Two years of experience working as a child-care staff~~	7278
~~member in a center and at least four courses in child development~~	7279
~~or early childhood education from an accredited college,~~	7280
~~university, or technical college, except that a person who has two~~	7281
~~years of experience working as a child-care staff member in a~~	7282
~~particular center and who has been promoted to or designated as~~	7283
~~administrator of that center shall have one year from the time the~~	7284
~~person was promoted to or designated as administrator to complete~~	7285
~~the required four courses;~~	7286

~~(ii) Two years of training, including at least four courses~~	7287
~~in child development or early childhood education from an~~	7288
~~accredited college, university, or technical college;~~	7289

~~(iii) A child development associate credential issued by the~~	7290
~~national child development associate credentialing commission;~~	7291

~~(iv) An associate or higher degree in child development or~~	7292
~~early childhood education from an accredited college, technical~~	7293
~~college, or university, or a license designated for teaching in an~~	7294
~~associate teaching position in a preschool setting issued by the~~	7295
~~state board of education;~~	7296

~~(v) An administrator's credential as approved by the~~	7297
~~department of job and family services.~~	7298

~~(5) All child-care staff members of a child day-care center~~	7299
~~shall be at least eighteen years of age, and shall furnish the~~	7300
~~director evidence of at least high school graduation or~~	7301
~~certification of high school equivalency by the state board of~~	7302
~~education or the appropriate agency of another state or evidence~~	7303
~~of completion of a training program approved by the department of~~	7304
~~job and family services or state board of education, except as~~	7305
~~follows:~~	7306

~~(a) A child-care staff member may be less than eighteen years~~	7307
~~of age if the staff member is either of the following:~~	7308

~~(i) A graduate of a two-year vocational child-care training~~	7309
~~program approved by the state board of education;~~	7310

~~(ii) A student enrolled in the second year of a vocational~~	7311
~~child-care training program approved by the state board of~~	7312
~~education which leads to high school graduation, provided that the~~	7313
~~student performs the student's duties in the child day-care center~~	7314
~~under the continuous supervision of an experienced child-care~~	7315
~~staff member, receives periodic supervision from the vocational~~	7316
~~child-care training program teacher-coordinator in the student's~~	7317
~~high school, and meets all other requirements of this chapter and~~	7318
~~rules adopted pursuant to this chapter.~~	7319

~~(b) A child-care staff member shall be exempt from the~~	7320
~~educational requirements of this division if the staff member:~~	7321

~~(i) Prior to January 1, 1972, was employed or designated by a~~	7322
~~child day-care center and has been continuously employed since~~	7323
~~either by the same child day-care center employer or at the same~~	7324
~~child day-care center;~~	7325

~~(ii) Is a student enrolled in the second year of a vocational~~	7326
~~child-care training program approved by the state board of~~	7327
~~education which leads to high school graduation, provided that the~~	7328
~~student performs the student's duties in the child day-care center~~	7329
~~under the continuous supervision of an experienced child-care~~	7330
~~staff member, receives periodic supervision from the vocational~~	7331
~~child-care training program teacher-coordinator in the student's~~	7332
~~high school, and meets all other requirements of this chapter and~~	7333
~~rules adopted pursuant to this chapter;~~	7334

~~(iii) Is receiving or has completed the final year of~~	7335
~~instruction at home as authorized under section 3321.04 of the~~	7336
~~Revised Code or has graduated from a nonchartered, nonpublic~~	7337
~~school in Ohio.~~	7338

~~(6) Every child care staff member of a child day-care center~~	7339
~~annually shall complete fifteen hours of inservice training in~~	7340
~~child development or early childhood education, child abuse~~	7341
~~recognition and prevention, first aid, and in prevention,~~	7342
~~recognition, and management of communicable diseases, until a~~	7343
~~total of forty-five hours of training has been completed, unless~~	7344
~~the staff member furnishes one of the following to the director:~~	7345

~~(a) Evidence of an associate or higher degree in child~~	7346
~~development or early childhood education from an accredited~~	7347
~~college, university, or technical college;~~	7348

~~(b) A license designated for teaching in an associate~~	7349
~~teaching position in a preschool setting issued by the state board~~	7350
~~of education;~~	7351

~~(c) Evidence of a child development associate credential;~~

7352

~~(d) Evidence of a preprimary credential from the American~~	7353
~~Montessori society or the association Montessori internationale.~~	7354
~~For the purposes of division (B)(6) of this section, "hour" means~~	7355
~~sixty minutes.~~	7356

(C)(1) Each child day-care center shall have on the center	7357
premises and readily available at all times at least one	7358
child-care staff member who has completed a course in first aid,	7359
one staff member who has completed a course in prevention,	7360
recognition, and management of communicable diseases which is	7361
approved by the state department of health, and a staff member who	7362
has completed a course in child abuse recognition and prevention	7363
training which is approved by the department of job and family	7364
services.	7365

(2) The administrator of each child day-care center shall	7366
maintain enrollment, health, and attendance records for all	7367
children attending the center and health and employment records	7368
for all center employees. The records shall be confidential,	7369
except that they shall be disclosed by the administrator to the	7370
director upon request for the purpose of administering and	7371
enforcing this chapter and rules adopted pursuant to this chapter.	7372
Neither the center nor the licensee, administrator, or employees	7373
of the center shall be civilly or criminally liable in damages or	7374
otherwise for records disclosed to the director by the	7375
administrator pursuant to this division. It shall be a defense to	7376
any civil or criminal charge based upon records disclosed by the	7377
administrator to the director that the records were disclosed	7378
pursuant to this division.	7379

(3)(a) Any parent who is the residential parent and legal	7380
custodian of a child enrolled in a child day-care center and any	7381
custodian or guardian of such a child shall be permitted unlimited	7382
access to the center during its hours of operation for the	7383
purposes of contacting their children, evaluating the care	7384
provided by the center, evaluating the premises of the center, or	7385
for other purposes approved by the director. A parent of a child	7386
enrolled in a child day-care center who is not the child's	7387
residential parent shall be permitted unlimited access to the	7388
center during its hours of operation for those purposes under the	7389
same terms and conditions under which the residential parent of	7390
that child is permitted access to the center for those purposes.	7391
However, the access of the parent who is not the residential	7392
parent is subject to any agreement between the parents and, to the	7393
extent described in division (C)(3)(b) of this section, is subject	7394
to any terms and conditions limiting the right of access of the	7395
parent who is not the residential parent, as described in division	7396
(I) of section 3109.051 of the Revised Code, that are contained in	7397
a parenting time order or decree issued under that section,	7398
section 3109.12 of the Revised Code, or any other provision of the	7399
Revised Code.	7400

(b) If a parent who is the residential parent of a child has	7401
presented the administrator or the administrator's designee with a	7402
copy of a parenting time order that limits the terms and	7403
conditions under which the parent who is not the residential	7404
parent is to have access to the center, as described in division	7405
(I) of section 3109.051 of the Revised Code, the parent who is not	7406
the residential parent shall be provided access to the center only	7407
to the extent authorized in the order. If the residential parent	7408
has presented such an order, the parent who is not the residential	7409
parent shall be permitted access to the center only in accordance	7410
with the most recent order that has been presented to the	7411
administrator or the administrator's designee by the residential	7412
parent or the parent who is not the residential parent.	7413

(c) Upon entering the premises pursuant to division (C)(3)(a)	7414
or (b) of this section, the parent who is the residential parent	7415
and legal custodian, the parent who is not the residential parent,	7416
or the custodian or guardian shall notify the administrator or the	7417
administrator's designee of the parent's, custodian's, or	7418
guardian's presence.	7419

(D) The director of job and family services, in addition to	7420
the rules adopted under division (A) of this section, shall adopt	7421
rules establishing minimum requirements for child day-care	7422
centers. The rules shall include, but not be limited to, the	7423
requirements set forth in divisions (B) and (C) of this section	7424
and sections 5104.031, 5104.032, and 5104.033 of the Revised Code.	7425
Except as provided in section 5104.07 of the Revised Code, the	7426
rules shall not change the square footage requirements of division	7427
(B)(1) or (2) of this section; the maximum number of children per	7428
child-care staff member and maximum group size requirements of	7429
division (B)(3) of this section; the educational and experience	7430
requirements of ~~division (B)(4) of this~~ section 5104.031 of the	7431
Revised Code; the age, educational, and experience requirements of	7432
~~division (B)(5) of this~~ section 5104.032 of the Revised Code; the	7433
number and type of inservice training hours required under	7434
~~division (B)(6) of this~~ section 5104.033 of the Revised Code;	7435
however, the rules shall provide procedures for determining	7436
compliance with those requirements.	7437

(E)(1) When age groups are combined, the maximum number of	7438
children per child-care staff member shall be determined by the	7439
age of the youngest child in the group, except that when no more	7440
than one child thirty months of age or older receives services in	7441
a group in which all the other children are in the next older age	7442
group, the maximum number of children per child-care staff member	7443
and maximum group size requirements of the older age group	7444
established under division (B)(3) of this section shall apply.	7445

(2) The maximum number of toddlers or ~~preschool~~preschool-age	7446
children per child-care staff member in a room where children are	7447
napping shall be twice the maximum number of children per	7448
child-care staff member established under division (B)(3) of this	7449
section if all the following criteria are met:	7450

(a) At least one child-care staff member is present in the	7451
room.	7452

(b) Sufficient child-care staff members are on the child	7453
day-care center premises to meet the maximum number of children	7454
per child-care staff member requirements established under	7455
division (B)(3) of this section.	7456

(c) Naptime preparations are complete and all napping	7457
children are resting or sleeping on cots.	7458

(d) The maximum number established under division (E)(2) of	7459
this section is in effect for no more than two hours during a	7460
twenty-four-hour day.	7461

(F) The director of job and family services shall adopt rules	7462
pursuant to Chapter 119. of the Revised Code governing the	7463
operation of type A family day-care homes, including, but not	7464
limited to, parent cooperative type A homes, part-time type A	7465
homes, drop-in type A homes, and ~~school~~school-age child type A	7466
homes, which shall reflect the various forms of child care and the	7467
needs of children receiving child care. The rules shall include	7468
the following:	7469

(1) Submission of a site plan and descriptive plan of	7470
operation to demonstrate how the type A home proposes to meet the	7471
requirements of this chapter and rules adopted pursuant to this	7472
chapter for the initial license application;	7473

(2) Standards for ensuring that the physical surroundings of	7474
the type A home are safe and sanitary, including, but not limited	7475
to, the physical environment, the physical plant, and the	7476
equipment of the type A home;	7477

(3) Standards for the supervision, care, and discipline of	7478
children receiving child care or publicly funded child care in the	7479
type A home;	7480

(4) Standards for a program of activities, and for play	7481
equipment, materials, and supplies, to enhance the development of	7482
each child; however, any educational curricula, philosophies, and	7483
methodologies that are developmentally appropriate and that	7484
enhance the social, emotional, intellectual, and physical	7485
development of each child shall be permissible;	7486

(5) Admissions policies and procedures, health care policies	7487
and procedures, including, but not limited to, procedures for the	7488
isolation of children with communicable diseases, first aid and	7489
emergency procedures, procedures for discipline and supervision of	7490
children, standards for the provision of nutritious meals and	7491
snacks, and procedures for screening children and employees,	7492
including, but not limited to, any necessary physical examinations	7493
and immunizations;	7494

(6) Methods for encouraging parental participation in the	7495
type A home and methods for ensuring that the rights of children,	7496
parents, and employees are protected and that the responsibilities	7497
of parents and employees are met;	7498

(7) Procedures for ensuring the safety and adequate	7499
supervision of children traveling off the premises of the type A	7500
home while under the care of a type A home employee;	7501

(8) Procedures for record keeping, organization, and	7502
administration;	7503

(9) Procedures for issuing, denying, and revoking a license	7504
that are not otherwise provided for in Chapter 119. of the Revised	7505
Code;	7506

(10) Inspection procedures;

7507

(11) Procedures and standards for setting initial license	7508
application fees;	7509

(12) Procedures for receiving, recording, and responding to	7510
complaints about type A homes;	7511

(13) Procedures for enforcing section 5104.04 of the Revised	7512
Code;	7513

(14) A standard requiring the inclusion, on or after July 1,	7514
1987, of a current department of job and family services toll-free	7515
telephone number on each type A home provisional license or	7516
license which any person may use to report a suspected violation	7517
by the type A home of this chapter or rules adopted pursuant to	7518
this chapter;	7519

(15) Requirements for the training of administrators and	7520
child-care staff members in first aid, in prevention, recognition,	7521
and management of communicable diseases, and in child abuse	7522
recognition and prevention;	7523

(16) Standards providing for the special needs of children	7524
who are handicapped or who require treatment for health conditions	7525
while the child is receiving child care or publicly funded child	7526
care in the type A home;	7527

(17) Standards for the maximum number of children per	7528
child-care staff member;	7529

(18) Requirements for the amount of usable indoor floor space	7530
for each child;	7531

(19) Requirements for safe outdoor play space;

7532

(20) Qualifications and training requirements for	7533
administrators and for child-care staff members;	7534

(21) Procedures for granting a parent who is the residential	7535
parent and legal custodian, or a custodian or guardian access to	7536
the type A home during its hours of operation;	7537

(22) Standards for the preparation and distribution of a	7538
roster of parents, custodians, and guardians;	7539

(23) Any other procedures and standards necessary to carry	7540
out this chapter.	7541

(G) The director of job and family services shall adopt rules	7542
pursuant to Chapter 119. of the Revised Code governing the	7543
certification of type B family day-care homes.	7544

(1) The rules shall include all of the following:

7545

(a) Procedures, standards, and other necessary provisions for	7546
granting limited certification to type B family day-care homes	7547
that are operated by the following adult providers:	7548

(i) Persons who provide child care for eligible children who	7549
are great-grandchildren, grandchildren, nieces, nephews, or	7550
siblings of the provider or for eligible children whose caretaker	7551
parent is a grandchild, child, niece, nephew, or sibling of the	7552
provider;	7553

(ii) Persons who provide child care for eligible children all	7554
of whom are the children of the same caretaker parent;	7555

(b) Procedures for the director to ensure, that type B homes	7556
that receive a limited certification provide child care to	7557
children in a safe and sanitary manner;	7558

(c) Requirements for the type B home to notify parents with	7559
children in the type B home that the type B home is also certified	7560
as a foster home under section 5103.03 of the Revised Code.	7561

With regard to providers who apply for limited certification,	7562
a provider shall be granted a provisional limited certification on	7563
signing a declaration under oath attesting that the provider meets	7564
the standards for limited certification. Such provisional limited	7565
certifications shall remain in effect for no more than sixty	7566
calendar days and shall entitle the provider to offer publicly	7567
funded child care during the provisional period. Except as	7568
otherwise provided in division (G)(1) of this section, section	7569
5104.013 or 5104.09 of the Revised Code, or division (A)(2) of	7570
section 5104.11 of the Revised Code, prior to the expiration of	7571
the provisional limited certificate, a county department of job	7572
and family services shall inspect the home and shall grant limited	7573
certification to the provider if the provider meets the	7574
requirements of this division. Limited certificates remain valid	7575
for two years unless earlier revoked. Except as otherwise provided	7576
in division (G)(1) of this section, providers operating under	7577
limited certification shall be inspected annually.	7578

If a provider is a person described in division (G)(1)(a)(i)	7579
of this section or a person described in division (G)(1)(a)(ii) of	7580
this section who is a friend of the caretaker parent, the provider	7581
and the caretaker parent may verify in writing to the county	7582
department of job and family services that minimum health and	7583
safety requirements are being met in the home. Except as otherwise	7584
provided in section 5104.013 or 5104.09 or in division (A)(2) of	7585
section 5104.11 of the Revised Code, if such verification is	7586
provided, the county shall waive any inspection required by this	7587
chapter and grant limited certification to the provider.	7588

(2) The rules shall provide for safeguarding the health,	7589
safety, and welfare of children receiving child care or publicly	7590
funded child care in a certified type B home and shall include the	7591
following:	7592

(a) Standards for ensuring that the type B home and the	7593
physical surroundings of the type B home are safe and sanitary,	7594
including, but not limited to, physical environment, physical	7595
plant, and equipment;	7596

(b) Standards for the supervision, care, and discipline of	7597
children receiving child care or publicly funded child care in the	7598
home;	7599

(c) Standards for a program of activities, and for play	7600
equipment, materials, and supplies to enhance the development of	7601
each child; however, any educational curricula, philosophies, and	7602
methodologies that are developmentally appropriate and that	7603
enhance the social, emotional, intellectual, and physical	7604
development of each child shall be permissible;	7605

(d) Admission policies and procedures, health care, first aid	7606
and emergency procedures, procedures for the care of sick	7607
children, procedures for discipline and supervision of children,	7608
nutritional standards, and procedures for screening children and	7609
authorized providers, including, but not limited to, any necessary	7610
physical examinations and immunizations;	7611

(e) Methods of encouraging parental participation and	7612
ensuring that the rights of children, parents, and authorized	7613
providers are protected and the responsibilities of parents and	7614
authorized providers are met;	7615

(f) Standards for the safe transport of children when under	7616
the care of authorized providers;	7617

(g) Procedures for issuing, renewing, denying, refusing to	7618
renew, or revoking certificates;	7619

(h) Procedures for the inspection of type B homes that	7620
require, at a minimum, that each type B home be inspected prior to	7621
certification to ensure that the home is safe and sanitary;	7622

(i) Procedures for record keeping and evaluation;

7623

(j) Procedures for receiving, recording, and responding to	7624
complaints;	7625

(k) Standards providing for the special needs of children who	7626
are handicapped or who receive treatment for health conditions	7627
while the child is receiving child care or publicly funded child	7628
care in the type B home;	7629

(l) Requirements for the amount of usable indoor floor space	7630
for each child;	7631

(m) Requirements for safe outdoor play space;

7632

(n) Qualification and training requirements for authorized	7633
providers;	7634

(o) Procedures for granting a parent who is the residential	7635
parent and legal custodian, or a custodian or guardian access to	7636
the type B home during its hours of operation;	7637

(p) Requirements for the type B home to notify parents with	7638
children in the type B home that the type B home is also certified	7639
as a foster home under section 5103.03 of the Revised Code;	7640

(q) Any other procedures and standards necessary to carry out	7641
this chapter.	7642

(H) The director shall adopt rules pursuant to Chapter 119.	7643
of the Revised Code governing the certification of in-home aides.	7644
The rules shall include procedures, standards, and other necessary	7645
provisions for granting limited certification to in-home aides who	7646
provide child care for eligible children who are	7647
great-grandchildren, grandchildren, nieces, nephews, or siblings	7648
of the in-home aide or for eligible children whose caretaker	7649
parent is a grandchild, child, niece, nephew, or sibling of the	7650
in-home aide. The rules shall require, and shall include	7651
procedures for the director to ensure, that in-home aides that	7652
receive a limited certification provide child care to children in	7653
a safe and sanitary manner. The rules shall provide for	7654
safeguarding the health, safety, and welfare of children receiving	7655
publicly funded child care in their own home and shall include the	7656
following:	7657

(1) Standards for ensuring that the child's home and the	7658
physical surroundings of the child's home are safe and sanitary,	7659
including, but not limited to, physical environment, physical	7660
plant, and equipment;	7661

(2) Standards for the supervision, care, and discipline of	7662
children receiving publicly funded child care in their own home;	7663

(3) Standards for a program of activities, and for play	7664
equipment, materials, and supplies to enhance the development of	7665
each child; however, any educational curricula, philosophies, and	7666
methodologies that are developmentally appropriate and that	7667
enhance the social, emotional, intellectual, and physical	7668
development of each child shall be permissible;	7669

(4) Health care, first aid, and emergency procedures,	7670
procedures for the care of sick children, procedures for	7671
discipline and supervision of children, nutritional standards, and	7672
procedures for screening children and in-home aides, including,	7673
but not limited to, any necessary physical examinations and	7674
immunizations;	7675

(5) Methods of encouraging parental participation and	7676
ensuring that the rights of children, parents, and in-home aides	7677
are protected and the responsibilities of parents and in-home	7678
aides are met;	7679

(6) Standards for the safe transport of children when under	7680
the care of in-home aides;	7681

(7) Procedures for issuing, renewing, denying, refusing to	7682
renew, or revoking certificates;	7683

(8) Procedures for inspection of homes of children receiving	7684
publicly funded child care in their own homes;	7685

(9) Procedures for record keeping and evaluation;

7686

(10) Procedures for receiving, recording, and responding to	7687
complaints;	7688

(11) Qualifications and training requirements for in-home	7689
aides;	7690

(12) Standards providing for the special needs of children	7691
who are handicapped or who receive treatment for health conditions	7692
while the child is receiving publicly funded child care in the	7693
child's own home;	7694

(13) Any other procedures and standards necessary to carry	7695
out this chapter.	7696

(I) To the extent that any rules adopted for the purposes of	7697
this section require a health care professional to perform a	7698
physical examination, the rules shall include as a health care	7699
professional a physician assistant, a clinical nurse specialist, a	7700
certified nurse practitioner, or a certified nurse-midwife.	7701

(J)(1) The director of job and family services shall do all	7702
of the following:	7703

(a) Provide or make available in either paper or electronic	7704
form to each licensee notice of proposed rules governing the	7705
licensure of child day-care centers and type A homes;	7706

(b) Give public notice of hearings regarding the rules to	7707
each licensee at least thirty days prior to the date of the public	7708
hearing, in accordance with section 119.03 of the Revised Code;	7709

(c) At least thirty days before the effective date of a rule,	7710
provide, in either paper or electronic form, a copy of the adopted	7711
rule to each licensee.	7712

(2) The director shall do all of the following:

7713

(a) Send to each county director of job and family services a	7714
notice of proposed rules governing the certification of type B	7715
family homes and in-home aides that includes an internet web site	7716
address where the proposed rules can be viewed;	7717

(b) Give public notice of hearings regarding the proposed	7718
rules not less than thirty days in advance;	7719

(c) Provide to each county director of job and family	7720
services an electronic copy of each adopted rule at least	7721
forty-five days prior to the rule's effective date.	7722

(3) The county director of job and family services shall	7723
provide or make available in either paper or electronic form to	7724
each authorized provider and in-home aide copies of proposed rules	7725
and shall give public notice of hearings regarding the rules to	7726
each authorized provider and in-home aide at least thirty days	7727
prior to the date of the public hearing, in accordance with	7728
section 119.03 of the Revised Code. At least thirty days before	7729
the effective date of a rule, the county director of job and	7730
family services shall provide, in either paper or electronic form,	7731
copies of the adopted rule to each authorized provider and in-home	7732
aide.	7733

(4) Additional copies of proposed and adopted rules shall be	7734
made available by the director of job and family services to the	7735
public on request at no charge.	7736

(5) The director of job and family services may adopt rules	7737
pursuant to Chapter 119. of the Revised Code for imposing	7738
sanctions on persons and entities that are licensed or certified	7739
under this chapter. Sanctions may be imposed only for an action or	7740
omission that constitutes a serious risk noncompliance. The	7741
sanctions imposed shall be based on the scope and severity of the	7742
violations.	7743

The director shall make a dispute resolution process	7744
available for the implementation of sanctions. The process may	7745
include an opportunity for appeal pursuant to Chapter 119. of the	7746
Revised Code.	7747

(6) The director of job and family services shall adopt rules	7748
pursuant to Chapter 119. of the Revised Code that establish	7749
standards for the training of individuals whom any county	7750
department of job and family services employs, with whom any	7751
county department of job and family services contracts, or with	7752
whom the director of job and family services contracts, to inspect	7753
or investigate type B family day-care homes pursuant to section	7754
5104.11 of the Revised Code. The department shall provide training	7755
in accordance with those standards for individuals in the	7756
categories described in this division.	7757

(K) The director of job and family services shall review all	7758
rules adopted pursuant to this chapter at least once every seven	7759
years.	7760

(L) Notwithstanding any provision of the Revised Code, the	7761
director of job and family services shall not regulate in any way	7762
under this chapter or rules adopted pursuant to this chapter,	7763
instruction in religious or moral doctrines, beliefs, or values.	7764

Sec. 5104.02. (A) The director of job and family services is	7765
responsible for the licensing of child day-care centers and type A	7766
family day-care homes. Each entity operating a head start program	7767
shall meet the criteria for, and be licensed as, a child day-care	7768
center. The director is responsible for the enforcement of this	7769
chapter and of rules promulgated pursuant to this chapter.	7770

No person, firm, organization, institution, or agency shall	7771
operate, establish, manage, conduct, or maintain a child day-care	7772
center or type A family day-care home without a license issued	7773
under section 5104.03 of the Revised Code. The current license	7774
shall be posted in a conspicuous place in the center or type A	7775
home that is accessible to parents, custodians, or guardians and	7776
employees of the center or type A home at all times when the	7777
center or type A home is in operation.	7778

(B) A person, firm, institution, organization, or agency	7779
operating any of the following programs is exempt from the	7780
requirements of this chapter:	7781

(1) A program of child care that operates for two or less	7782
consecutive weeks;	7783

(2) Child care in places of worship during religious	7784
activities during which children are cared for while at least one	7785
parent, guardian, or custodian of each child is participating in	7786
such activities and is readily available;	7787

(3) Religious activities which do not provide child care;

7788

(4) Supervised training, instruction, or activities of	7789
children in specific areas, including, but not limited to: art;	7790
drama; dance; music; gymnastics, swimming, or another athletic	7791
skill or sport; computers; or an educational subject conducted on	7792
an organized or periodic basis no more than one day a week and for	7793
no more than six hours duration;	7794

(5) Programs in which the director determines that at least	7795
one parent, custodian, or guardian of each child is on the	7796
premises of the facility offering child care and is readily	7797
accessible at all times, except that child care provided on the	7798
premises at which a parent, custodian, or guardian is employed	7799
more than two and one-half hours a day shall be licensed in	7800
accordance with division (A) of this section;	7801

(6)(a) Programs that provide child care funded and regulated	7802
or operated and regulated by state departments other than the	7803
department of job and family services or the state board of	7804
education when the director of job and family services has	7805
determined that the rules governing the program are equivalent to	7806
or exceed the rules promulgated pursuant to this chapter.	7807

Notwithstanding any exemption from regulation under this	7808
chapter, each state department shall submit to the director of job	7809
and family services a copy of the rules that govern programs that	7810
provide child care and are regulated or operated and regulated by	7811
the department. Annually, each state department shall submit to	7812
the director a report for each such program it regulates or	7813
operates and regulates that includes the following information:	7814

(i) The site location of the program;

7815

(ii) The maximum number of infants, toddlers, ~~preschool~~	7816
preschool-age children, or ~~school~~school-age children served by	7817
the program at one time;	7818

(iii) The number of adults providing child care for the	7819
number of infants, toddlers, ~~preschool~~preschool-age children, or	7820
~~school~~school-age children;	7821

(iv) Any changes in the rules made subsequent to the time	7822
when the rules were initially submitted to the director.	7823

The director shall maintain a record of the child care	7824
information submitted by other state departments and shall provide	7825
this information upon request to the general assembly or the	7826
public.	7827

(b) Child care programs conducted by boards of education or	7828
by chartered nonpublic schools that are conducted in school	7829
buildings and that provide child care to ~~school~~school-age	7830
children only shall be exempt from meeting or exceeding rules	7831
promulgated pursuant to this chapter.	7832

(7) Any preschool program or school child program, except a	7833
head start program, that is subject to licensure by the department	7834
of education under sections 3301.52 to 3301.59 of the Revised	7835
Code.	7836

(8) Any program providing child care that meets all of the	7837
following requirements and, on October 20, 1987, was being	7838
operated by a nonpublic school that holds a charter issued by the	7839
state board of education for kindergarten only:	7840

(a) The nonpublic school has given the notice to the state	7841
board and the director of job and family services required by	7842
Section 4 of Substitute House Bill No. 253 of the 117th general	7843
assembly;	7844

(b) The nonpublic school continues to be chartered by the	7845
state board for kindergarten, or receives and continues to hold a	7846
charter from the state board for kindergarten through grade five;	7847

7848

(d) The program is operated in accordance with rules	7849
promulgated by the state board under sections 3301.52 to 3301.57	7850
of the Revised Code.	7851

(9) A youth development program operated outside of school	7852
hours by a community-based center to which all of the following	7853
apply:	7854

(a) The children enrolled in the program are under nineteen	7855
years of age and enrolled in or eligible to be enrolled in a grade	7856
of kindergarten or above.	7857

(b) The program provides informal child care and at least two	7858
of the following supervised activities: educational, recreational,	7859
culturally enriching, social, and personal development activities.	7860

(c) The program is eligible for participation in the child	7861
and adult care food program as an outside-school-hours care center	7862
pursuant to standards established under section 3313.813 of the	7863
Revised Code.	7864

(d) The community-based center operating the program is	7865
exempt from federal income taxation pursuant to 26 U.S.C. 501(a)	7866
and (c)(3).	7867

Sec. 5104.031. (A) A child day-care center administrator	7868
shall show the director of job and family services both of the	7869
following:	7870

(1) Evidence of at least high school graduation or	7871
certification of high school equivalency by the state board of	7872
education or the appropriate agency of another state;	7873

(2) Evidence of having at least one of the following:

7874

(a) An associate, bachelor's, master's, doctoral, or other	7875
postgraduate degree in child development or early childhood	7876
education, or in a related field approved by the director, from an	7877
accredited college, university, or technical college;	7878

(b) A license designated as appropriate for teaching in an	7879
associate teaching position in a preschool setting issued by the	7880
state board of education pursuant to section 3319.22 of the	7881
Revised Code;	7882

(c) Designation under the career pathways model as an early	7883
childhood professional level three;	7884

(d) Two years of experience working as a child-care staff	7885
member in a licensed child care program, designation under the	7886
career pathways model as an early childhood professional level	7887
one, and, not later than one year after being named as	7888
administrator, designation under the career pathways model as an	7889
early childhood professional level two;	7890

(e) Two years of experience working as a child-care staff	7891
member in a licensed child care program and, except as provided in	7892
division (B) of this section, at least four courses in child	7893
development or early childhood education from an accredited	7894
college, university, or technical college;	7895

(f) Two years of experience working as a child-care staff	7896
member in a licensed child care program and a child development	7897
associate credential issued by the council for professional	7898
recognition;	7899

(g) Two years of training, including at least four courses in	7900
child development or early childhood education from an accredited	7901
college, university, or technical college;	7902

(h) An infant and toddler or early childhood credential from	7903
a program accredited by the Montessori accreditation council for	7904
teacher education.	7905

(B) A person who has two years of experience working as a	7906
child-care staff member in a child day-care center and is promoted	7907
to or designated as administrator of that center shall have one	7908
year from the date of the promotion or designation to complete the	7909
courses required by division (A)(1)(e) of this section.	7910

Sec. 5104.032. (A) All child-care staff members of a child	7911
day-care center shall be at least eighteen years of age, and shall	7912
furnish the director of job and family services evidence of at	7913
least high school graduation or certification of high school	7914
equivalency by the state board of education or the appropriate	7915
agency of another state or evidence of completion of a training	7916
program approved by the department of job and family services or	7917
state board of education, except as follows:	7918

(B) A child-care staff member may be less than eighteen years	7919
of age if the staff member is either of the following:	7920

(1) A graduate of a two-year vocational child-care training	7921
program approved by the state board of education;	7922

(2) A student enrolled in the second year of a vocational	7923
child-care training program approved by the state board of	7924
education which leads to high school graduation, provided that the	7925
student performs the student's duties in the child day-care center	7926
under the continuous supervision of an experienced child-care	7927
staff member, receives periodic supervision from the vocational	7928
child-care training program teacher-coordinator in the student's	7929
high school, and meets all other requirements of this chapter and	7930
rules adopted pursuant to this chapter.	7931

(C) A child-care staff member shall be exempt from the	7932
educational requirements of division (A) of this section if the	7933
staff member:	7934

(1) Prior to January 1, 1972, was employed or designated by a	7935
child day-care center and has been continuously employed since	7936
either by the same child day-care center employer or at the same	7937
child day-care center;	7938

(2) Is a student enrolled in the second year of a vocational	7939
child-care training program approved by the state board of	7940
education which leads to high school graduation, provided that the	7941
student performs the student's duties in the child day-care center	7942
under the continuous supervision of an experienced child-care	7943
staff member, receives periodic supervision from the vocational	7944
child-care training program teacher-coordinator in the student's	7945
high school, and meets all other requirements of this chapter and	7946
rules adopted pursuant to this chapter;	7947

(3) Is receiving or has completed the final year of	7948
instruction at home as authorized under section 3321.04 of the	7949
Revised Code or has graduated from a nonchartered, nonpublic	7950
school in Ohio.	7951

Sec. 5104.033. (A) Except as provided in division (B) of	7952
this section, each child-care staff member of a child day-care	7953
center annually shall complete fifteen hours of inservice training	7954
that includes the following subjects until the staff member has	7955
completed a total of forty-five hours of training:	7956

(1) Child development or early childhood education;

7957

(2) Child abuse recognition and prevention;

7958

(3) First aid;

7959

(4) Prevention, recognition, and management of communicable	7960
diseases.	7961

(B) A child-care staff member is exempt from the inservice	7962
training requirements established by division (A) of this section	7963
if the staff member furnishes one of the following to the director	7964
of job and family services:	7965

(1) Evidence of an associate or higher degree in child	7966
development or early childhood education from an accredited	7967
college, university, or technical college;	7968

(2) A license designated for teaching in an associate	7969
teaching position in a preschool setting issued by the state board	7970
of education;	7971

(3) Evidence of a child development associate credential;

7972

(4) Evidence of an infant and toddler or early childhood	7973
credential from a program accredited by the Montessori	7974
accreditation council for teacher education.	7975

(C) For purposes of this section, each hour of inservice	7976
training shall consist of sixty minutes of training.	7977

Sec. 5104.21. (A) The department of job and family services	7978
shall register child day camps and enforce this section and	7979
section 5104.22 of the Revised Code and the rules adopted pursuant	7980
to those sections. No person, firm, organization, institution, or	7981
agency shall operate a child day camp without annually registering	7982
with the department.	7983

(B) A person, firm, institution, organization, or agency	7984
operating any of the following programs is exempt from the	7985
provisions of this section and section 5104.22 of the Revised	7986
Code:	7987

(1) A child day camp that operates for two or less	7988
consecutive weeks and for no more than a total of two weeks during	7989
each calendar year;	7990

(2) Supervised training, instruction, or activities of	7991
children that is conducted on an organized or periodic basis no	7992
more than one day a week and for no more than six hours' duration	7993
and that is conducted in specific areas, including, but not	7994
limited to, art; drama; dance; music; gymnastics, swimming, or	7995
another athletic skill or sport; computers; or an educational	7996
subject;	7997

(3) Programs in which the department determines that at least	7998
one parent, custodian, or guardian of each child attending or	7999
participating in the child day camp is on the child day camp	8000
activity site and is readily accessible at all times, except that	8001
a child day camp on the premises of a parent's, custodian's, or	8002
guardian's place of employment shall be registered in accordance	8003
with division (A) of this section;	8004

(4) Child day camps funded and regulated or operated and	8005
regulated by any state department, other than the department of	8006
job and family services, when the department of job and family	8007
services has determined that the rules governing the child day	8008
camp are equivalent to or exceed the rules adopted pursuant to	8009
this section and section 5104.22 of the Revised Code.	8010

(C) A person, firm, organization, institution, or agency	8011
operating a child day camp that is exempt under division (B) of	8012
this section from registering under division (A) of this section	8013
may elect to register itself under division (A) of this section.	8014
All requirements of this section and the rules adopted pursuant to	8015
this section shall apply to any exempt child day camp that so	8016
elects to register.	8017

(D) The director of job and family services shall adopt	8018
pursuant to Chapter 119. of the Revised Code rules prescribing the	8019
registration form and establishing the procedure for the child day	8020
camps to register. The form shall not be longer than one	8021
typewritten page and shall state both of the following:	8022

(1) That the child day camp administrator or the	8023
administrator's representative agrees to provide the parents of	8024
each ~~school~~school-age child who attends or participates in that	8025
child day camp with the telephone number of the county department	8026
of health and the public children services agency of the county in	8027
which the child day camp is located;	8028

(2) That the child day camp administrator or the	8029
administrator's representative agrees to permit a public children	8030
services agency or the county department of health to review or	8031
inspect the child day camp if a complaint is made to that	8032
department or any other state department or public children	8033
services agency against that child day camp.	8034

(E) The department may charge a fee to register a child day	8035
camp. The fee for each child day camp shall be twenty-five	8036
dollars. No organization that operates, or owner of, child day	8037
camps shall pay a fee that exceeds two hundred fifty dollars for	8038
all of its child day camps.	8039

(F) If a child day camp that is required to register under	8040
this section fails to register with the department in accordance	8041
with this section or the rules adopted pursuant to it or if a	8042
child day camp that files a registration form under this section	8043
knowingly provides false or misleading information on the	8044
registration form, the department shall require the child day camp	8045
to register or register correctly and to pay a registration fee	8046
that equals three times the registration fee as set forth in	8047
division (E) of this section.	8048

(G) A child day camp administrator or the administrator's	8049
representative shall provide the parents of each ~~school~~school-age	8050
child who attends or participates in that child day camp with the	8051
telephone numbers of the county department of health and the	8052
county public children services agency of the county in which the	8053
child day camp is located and a statement that the parents may use	8054
these telephone numbers to contact or otherwise contact the	8055
departments or agency to make a complaint regarding the child day	8056
camp.	8057

Sec. 5104.30. (A) The department of job and family services	8058
is hereby designated as the state agency responsible for	8059
administration and coordination of federal and state funding for	8060
publicly funded child care in this state. Publicly funded child	8061
care shall be provided to the following:	8062

(1) Recipients of transitional child care as provided under	8063
section 5104.34 of the Revised Code;	8064

(2) Participants in the Ohio works first program established	8065
under Chapter 5107. of the Revised Code;	8066

(3) Individuals who would be participating in the Ohio works	8067
first program if not for a sanction under section 5107.16 of the	8068
Revised Code and who continue to participate in a work activity,	8069
developmental activity, or alternative work activity pursuant to	8070
an assignment under section 5107.42 of the Revised Code;	8071

(4) A family receiving publicly funded child care on October	8072
1, 1997, until the family's income reaches one hundred fifty per	8073
cent of the federal poverty line;	8074

(5) Subject to available funds, other individuals determined	8075
eligible in accordance with rules adopted under section 5104.38 of	8076
the Revised Code.	8077

The department shall apply to the United States department of	8078
health and human services for authority to operate a coordinated	8079
program for publicly funded child care, if the director of job and	8080
family services determines that the application is necessary. For	8081
purposes of this section, the department of job and family	8082
services may enter into agreements with other state agencies that	8083
are involved in regulation or funding of child care. The	8084
department shall consider the special needs of migrant workers	8085
when it administers and coordinates publicly funded child care and	8086
shall develop appropriate procedures for accommodating the needs	8087
of migrant workers for publicly funded child care.	8088

(B) The department of job and family services shall	8089
distribute state and federal funds for publicly funded child care,	8090
including appropriations of state funds for publicly funded child	8091
care and appropriations of federal funds available under the child	8092
care block grant act, Title IV-A, and Title XX. The department may	8093
use any state funds appropriated for publicly funded child care as	8094
the state share required to match any federal funds appropriated	8095
for publicly funded child care.	8096

(C) In the use of federal funds available under the child	8097
care block grant act, all of the following apply:	8098

(1) The department may use the federal funds to hire staff to	8099
prepare any rules required under this chapter and to administer	8100
and coordinate federal and state funding for publicly funded child	8101
care.	8102

(2) Not more than five per cent of the aggregate amount of	8103
the federal funds received for a fiscal year may be expended for	8104
administrative costs.	8105

(3) The department shall allocate and use at least four per	8106
cent of the federal funds for the following:	8107

(a) Activities designed to provide comprehensive consumer	8108
education to parents and the public;	8109

(b) Activities that increase parental choice;

8110

(c) Activities, including child care resource and referral	8111
services, designed to improve the quality, and increase the	8112
supply, of child care;	8113

(d) Establishing a ~~voluntary child day-care center~~	8114
~~quality-rating program~~tiered quality rating and improvement	8115
system in which participation in the program may allow a child	8116
day-care ~~center~~providers to be eligible for grants, technical	8117
assistance, training, or other assistance and become eligible for	8118
unrestricted monetary awards for maintaining a quality rating.	8119

(4) The department shall ensure that the federal funds will	8120
be used only to supplement, and will not be used to supplant,	8121
federal, state, and local funds available on the effective date of	8122
the child care block grant act for publicly funded child care and	8123
related programs. If authorized by rules adopted by the department	8124
pursuant to section 5104.42 of the Revised Code, county	8125
departments of job and family services may purchase child care	8126
from funds obtained through any other means.	8127

(D) The department shall encourage the development of	8128
suitable child care throughout the state, especially in areas with	8129
high concentrations of recipients of public assistance and	8130
families with low incomes. The department shall encourage the	8131
development of suitable child care designed to accommodate the	8132
special needs of migrant workers. On request, the department,	8133
through its employees or contracts with state or community child	8134
care resource and referral service organizations, shall provide	8135
consultation to groups and individuals interested in developing	8136
child care. The department of job and family services may enter	8137
into interagency agreements with the department of education, the	8138
board of regents, the department of development, and other state	8139
agencies and entities whenever the cooperative efforts of the	8140
other state agencies and entities are necessary for the department	8141
of job and family services to fulfill its duties and	8142
responsibilities under this chapter.	8143

The department shall develop and maintain a registry of	8144
persons providing child care. The director shall adopt rules	8145
pursuant to Chapter 119. of the Revised Code establishing	8146
procedures and requirements for the registry's administration.	8147

(E)(1) The director shall adopt rules in accordance with	8148
Chapter 119. of the Revised Code establishing both of the	8149
following:	8150

(a) Reimbursement ceilings for providers of publicly funded	8151
child care not later than the first day of July in each	8152
odd-numbered year;	8153

(b) A procedure for reimbursing and paying providers of	8154
publicly funded child care.	8155

(2) In establishing reimbursement ceilings under division	8156
(E)(1)(a) of this section, the director shall do all of the	8157
following:	8158

(a) Use the information obtained under division (B)(3) of	8159
section 5104.04 of the Revised Code;	8160

(b) Establish an enhanced reimbursement ceiling for providers	8161
who provide child care for caretaker parents who work	8162
nontraditional hours;	8163

(c) For a type B family day-care home provider that has	8164
received limited certification pursuant to rules adopted under	8165
division (G)(1) of section 5104.011 of the Revised Code, establish	8166
a reimbursement ceiling that is the following:	8167

(i) If the provider is a person described in division	8168
(G)(1)(a)(i) of section 5104.011 of the Revised Code, seventy-five	8169
per cent of the reimbursement ceiling that applies to a type B	8170
family day-care home certified by the same county department of	8171
job and family services pursuant to section 5104.11 of the Revised	8172
Code;	8173

(ii) If the provider is a person described in division	8174
(G)(1)(a)(ii) of section 5104.011 of the Revised Code, sixty per	8175
cent of the reimbursement ceiling that applies to a type B family	8176
day-care home certified by the same county department pursuant to	8177
section 5104.11 of the Revised Code.	8178

(d) With regard to the ~~voluntary child day-care center~~	8179
~~quality-rating program~~tiered quality rating and improvement	8180
system established pursuant to division (C)(3)(d) of this section,	8181
do both of the following:	8182

(i) Establish enhanced reimbursement ceilings for child	8183
day-care ~~centers~~providers that participate in the ~~program~~system	8184
and maintain quality ratings under the ~~program~~system;	8185

(ii) Weigh any reduction in reimbursement ceilings more	8186
heavily against child day-care ~~centers~~providers that do not	8187
participate in the ~~program~~system or do not maintain quality	8188
ratings under the ~~program~~system.	8189

(3) In establishing reimbursement ceilings under division	8190
(E)(1)(a) of this section, the director may establish different	8191
reimbursement ceilings based on any of the following:	8192

(a) Geographic location of the provider;

8193

(b) Type of care provided;

8194

8195

(d) Special needs of the child served;

8196

(e) Whether the expanded hours of service are provided;

8197

(f) Whether weekend service is provided;

8198

(g) Whether the provider has exceeded the minimum	8199
requirements of state statutes and rules governing child care;	8200

(h) Any other factors the director considers appropriate.

8201

(F) The director shall adopt rules in accordance with Chapter	8202
119. of the Revised Code to implement the ~~voluntary child day-care~~	8203
~~center quality-rating program~~tiered quality rating and	8204
improvement system described in division (C)(3)(d) of this	8205
section.	8206

Sec. 5104.31. (A) Publicly funded child care may be provided	8207
only by the following:	8208

(1) A child day-care center or type A family day-care home,	8209
including a parent cooperative child day-care center or parent	8210
cooperative type A family day-care home, licensed by the	8211
department of job and family services pursuant to section 5104.03	8212
of the Revised Code;	8213

(2) A type B family day-care home certified by the county	8214
department of job and family services pursuant to section 5104.11	8215
of the Revised Code;	8216

(3) A type B family day-care home that has received a limited	8217
certification pursuant to rules adopted under division (G)(1) of	8218
section 5104.011 of the Revised Code;	8219

(4) An in-home aide who has been certified by the county	8220
department of job and family services pursuant to section 5104.12	8221
of the Revised Code;	8222

(5) A child day camp approved pursuant to section 5104.22 of	8223
the Revised Code;	8224

(6) A licensed preschool program;

8225

(7) A licensed school child program;

8226

(8) A border state child care provider, except that a border	8227
state child care provider may provide publicly funded child care	8228
only to an individual who resides in an Ohio county that borders	8229
the state in which the provider is located.	8230

(B) Publicly funded child day-care may be provided in a	8231
child's own home only by an in-home aide.	8232

(C) Beginning July 1, 2020, publicly funded child care may be	8233
provided only by a provider that is rated through the tiered	8234
quality rating and improvement system established pursuant to	8235
section 5104.30 of the Revised Code.	8236

Sec. 5104.34. (A)(1) Each county department of job and	8237
family services shall implement procedures for making	8238
determinations of eligibility for publicly funded child care.	8239
Under those procedures, the eligibility determination for each	8240
applicant shall be made no later than thirty calendar days from	8241
the date the county department receives a completed application	8242
for publicly funded child care. Each applicant shall be notified	8243
promptly of the results of the eligibility determination. An	8244
applicant aggrieved by a decision or delay in making an	8245
eligibility determination may appeal the decision or delay to the	8246
department of job and family services in accordance with section	8247
5101.35 of the Revised Code. The due process rights of applicants	8248
shall be protected.	8249

To the extent permitted by federal law, the county department	8250
may make all determinations of eligibility for publicly funded	8251
child care, may contract with child care providers or child care	8252
resource and referral service organizations for the providers or	8253
resource and referral service organizations to make all or any	8254
part of the determinations, and may contract with child care	8255
providers or child care resource and referral service	8256
organizations for the providers or resource and referral service	8257
organizations to collect specified information for use by the	8258
county department in making determinations. If a county department	8259
contracts with a child care provider or a child care resource and	8260
referral service organization for eligibility determinations or	8261
for the collection of information, the contract shall require the	8262
provider or resource and referral service organization to make	8263
each eligibility determination no later than thirty calendar days	8264
from the date the provider or resource and referral organization	8265
receives a completed application that is the basis of the	8266
determination and to collect and transmit all necessary	8267
information to the county department within a period of time that	8268
enables the county department to make each eligibility	8269
determination no later than thirty days after the filing of the	8270
application that is the basis of the determination.	8271

The county department may station employees of the department	8272
in various locations throughout the county to collect information	8273
relevant to applications for publicly funded child care and to	8274
make eligibility determinations. The county department, child care	8275
provider, and child care resource and referral service	8276
organization shall make each determination of eligibility for	8277
publicly funded child care no later than thirty days after the	8278
filing of the application that is the basis of the determination,	8279
shall make each determination in accordance with any relevant	8280
rules adopted pursuant to section 5104.38 of the Revised Code, and	8281
shall notify promptly each applicant for publicly funded child	8282
care of the results of the determination of the applicant's	8283
eligibility.	8284

The director of job and family services shall adopt rules in	8285
accordance with Chapter 119. of the Revised Code for monitoring	8286
the eligibility determination process. In accordance with those	8287
rules, the state department shall monitor eligibility	8288
determinations made by county departments of job and family	8289
services and shall direct any entity that is not in compliance	8290
with this division or any rule adopted under this division to	8291
implement corrective action specified by the department.	8292

(2) All eligibility determinations for publicly funded child	8293
care shall be made in accordance with rules adopted pursuant to	8294
division (A) of section 5104.38 of the Revised Code and, if a	8295
county department of job and family services specifies, pursuant	8296
to rules adopted under division (B) of that section, a maximum	8297
amount of income a family may have to be eligible for publicly	8298
funded child care, the income maximum specified by the county	8299
department. Publicly funded child care may be provided only to	8300
eligible infants, toddlers, ~~preschool~~preschool-age children, and	8301
~~school~~school-age children under age thirteen. For an applicant to	8302
be eligible for publicly funded child care, the caretaker parent	8303
must be employed or participating in a program of education or	8304
training for an amount of time reasonably related to the time that	8305
the parent's children are receiving publicly funded child care.	8306
This restriction does not apply to families whose children are	8307
eligible for protective child care.	8308

Subject to available funds, a county department of job and	8309
family services shall allow a family to receive publicly funded	8310
child care unless the family's income exceeds the maximum income	8311
eligibility limit. Initial and continued eligibility for publicly	8312
funded child care is subject to available funds unless the family	8313
is receiving child care pursuant to division (A)(1), (2), (3), or	8314
(4) of section 5104.30 of the Revised Code. If the county	8315
department must limit eligibility due to lack of available funds,	8316
it shall give first priority for publicly funded child care to an	8317
assistance group whose income is not more than the maximum income	8318
eligibility limit that received transitional child care in the	8319
previous month but is no longer eligible because the twelve-month	8320
period has expired. Such an assistance group shall continue to	8321
receive priority for publicly funded child care until its income	8322
exceeds the maximum income eligibility limit.	8323

(3) An assistance group that ceases to participate in the	8324
Ohio works first program established under Chapter 5107. of the	8325
Revised Code is eligible for transitional child care at any time	8326
during the immediately following twelve-month period that both of	8327
the following apply:	8328

(a) The assistance group requires child care due to	8329
employment;	8330

(b) The assistance group's income is not more than one	8331
hundred fifty per cent of the federal poverty line.	8332

An assistance group ineligible to participate in the Ohio	8333
works first program pursuant to section 5101.83 or section 5107.16	8334
of the Revised Code is not eligible for transitional child care.	8335

(B) To the extent permitted by federal law, a county	8336
department of job and family services may require a caretaker	8337
parent determined to be eligible for publicly funded child care to	8338
pay a fee according to the schedule of fees established in rules	8339
adopted under section 5104.38 of the Revised Code. Each county	8340
department shall make protective child care services available to	8341
children without regard to the income or assets of the caretaker	8342
parent of the child.	8343

(C) A caretaker parent receiving publicly funded child care	8344
shall report to the entity that determined eligibility any changes	8345
in status with respect to employment or participation in a program	8346
of education or training not later than ten calendar days after	8347
the change occurs.	8348

(D) If a county department of job and family services	8349
determines that available resources are not sufficient to provide	8350
publicly funded child care to all eligible families who request	8351
it, the county department may establish a waiting list. A county	8352
department may establish separate waiting lists within the waiting	8353
list based on income. When resources become available to provide	8354
publicly funded child care to families on the waiting list, a	8355
county department that establishes a waiting list shall assess the	8356
needs of the next family scheduled to receive publicly funded	8357
child care. If the assessment demonstrates that the family	8358
continues to need and is eligible for publicly funded child care,	8359
the county department shall offer it to the family. If the county	8360
department determines that the family is no longer eligible or no	8361
longer needs publicly funded child care, the county department	8362
shall remove the family from the waiting list.	8363

(E) A caretaker parent shall not receive full-time publicly	8364
funded child care from more than one child care provider per child	8365
during any period.	8366

(F) As used in this section, "maximum income eligibility	8367
limit" means the amount of income specified in rules adopted under	8368
division (A) of section 5104.38 of the Revised Code or, if a	8369
county department of job and family services specifies a higher	8370
amount pursuant to rules adopted under division (B) of that	8371
section, the amount the county department specifies.	8372

Sec. 5104.38. In addition to any other rules adopted under	8373
this chapter, the director of job and family services shall adopt	8374
rules in accordance with Chapter 119. of the Revised Code	8375
governing financial and administrative requirements for publicly	8376
funded child care and establishing all of the following:	8377

(A) Procedures and criteria to be used in making	8378
determinations of eligibility for publicly funded child care that	8379
give priority to children of families with lower incomes and	8380
procedures and criteria for eligibility for publicly funded	8381
protective child care. The rules shall specify the maximum amount	8382
of income a family may have for initial and continued eligibility.	8383
The maximum amount shall not exceed two hundred per cent of the	8384
federal poverty line. The rules may specify exceptions to the	8385
eligibility requirements in the case of a family that previously	8386
received publicly funded child care and is seeking to have the	8387
child care reinstated after the family's eligibility was	8388
terminated.	8389

(B) Procedures under which a county department of job and	8390
family services may, if the department, under division (A) of this	8391
section, specifies a maximum amount of income a family may have	8392
for eligibility for publicly funded child care that is less than	8393
the maximum amount specified in that division, specify a maximum	8394
amount of income a family residing in the county the county	8395
department serves may have for initial and continued eligibility	8396
for publicly funded child care that is higher than the amount	8397
specified by the department but does not exceed the maximum amount	8398
specified in division (A) of this section;	8399

(C) A schedule of fees requiring all eligible caretaker	8400
parents to pay a fee for publicly funded child care according to	8401
income and family size, which shall be uniform for all types of	8402
publicly funded child care, except as authorized by rule, and, to	8403
the extent permitted by federal law, shall permit the use of state	8404
and federal funds to pay the customary deposits and other advance	8405
payments that a provider charges all children who receive child	8406
care from that provider. The schedule of fees may not provide for	8407
a caretaker parent to pay a fee that exceeds ten per cent of the	8408
parent's family income.	8409

(D) A formula for determining the amount of state and federal	8410
funds appropriated for publicly funded child care that may be	8411
allocated to a county department to use for administrative	8412
purposes;	8413

(E) Procedures to be followed by the department and county	8414
departments in recruiting individuals and groups to become	8415
providers of child care;	8416

(F) Procedures to be followed in establishing state or local	8417
programs designed to assist individuals who are eligible for	8418
publicly funded child care in identifying the resources available	8419
to them and to refer the individuals to appropriate sources to	8420
obtain child care;	8421

(G) Procedures to deal with fraud and abuse committed by	8422
either recipients or providers of publicly funded child care;	8423

(H) Procedures for establishing a child care grant or loan	8424
program in accordance with the child care block grant act;	8425

(I) Standards and procedures for applicants to apply for	8426
grants and loans, and for the department to make grants and loans;	8427

(J) A definition of "person who stands in loco parentis" for	8428
the purposes of division ~~(JJ)~~(KK)(1) of section 5104.01 of the	8429
Revised Code;	8430

(K) Procedures for a county department of job and family	8431
services to follow in making eligibility determinations and	8432
redeterminations for publicly funded child care available through	8433
telephone, computer, and other means at locations other than the	8434
county department;	8435

(L) If the director establishes a different reimbursement	8436
ceiling under division (E)(3)(d) of section 5104.30 of the Revised	8437
Code, standards and procedures for determining the amount of the	8438
higher payment that is to be issued to a child care provider based	8439
on the special needs of the child being served;	8440

(M) To the extent permitted by federal law, procedures for	8441
paying for up to thirty days of child care for a child whose	8442
caretaker parent is seeking employment, taking part in employment	8443
orientation activities, or taking part in activities in	8444
anticipation of enrolling in or attending an education or training	8445
program or activity, if the employment or the education or	8446
training program or activity is expected to begin within the	8447
thirty-day period;	8448

(N) Any other rules necessary to carry out sections 5104.30	8449
to 5104.43 of the Revised Code.	8450

Sec. 5123.022. It is hereby declared to be the policy of this	8451
state that employment services for individuals with developmental	8452
disabilities be directed at placement whenever possible of each	8453
individual in a position in the community in which the individual	8454
is integrated with the employer's other workers who are not	8455
developmentally disabled. The departments of developmental	8456
disabilities, education, job and family services, and mental	8457
health; the rehabilitation services commission; and each other	8458
state agency that provides employment services to individuals with	8459
developmental disabilities shall implement this policy and ensure	8460
that it is followed whenever employment services are provided to	8461
individuals with developmental disabilities.	8462

The department of developmental disabilities shall coordinate	8463
the actions taken by state agencies to comply with the state's	8464
policy. Agencies shall collaborate within their divisions and with	8465
each other to ensure that state programs, policies, procedures,	8466
and funding support competitive and integrated employment of	8467
individuals with developmental disabilities. State agencies shall	8468
share information with the department, and the department shall	8469
track progress toward full implementation of the policy. The	8470
department, in coordination with any task force established by the	8471
governor, shall compile data and annually submit to the governor a	8472
report on implementation of the policy.	8473

The department and state agencies may adopt rules to	8474
implement the policy.	8475

The policy articulated in this section is intended to promote	8476
the right of each individual with a developmental disability to	8477
informed choice; however, nothing in this section requires any	8478
employer to give preference in hiring to an individual because the	8479
individual has a disability.	8480

Sec. 5751.20. (A) As used in sections 5751.20 to 5751.22 of	8481
the Revised Code:	8482

(1) "School district," "joint vocational school district,"	8483
"local taxing unit," "recognized valuation," "fixed-rate levy,"	8484
and "fixed-sum levy" have the same meanings as used in section	8485
5727.84 of the Revised Code.	8486

(2) "State education aid" for a school district means the	8487
following:	8488

(a) For fiscal years prior to fiscal year 2010, the sum of	8489
state aid amounts computed for the district under the following	8490
provisions, as they existed for the applicable fiscal year:	8491
division (A) of section 3317.022 of the Revised Code, including	8492
the amounts calculated under sections 3317.029 and 3317.0217 of	8493
the Revised Code; divisions (C)(1), (C)(4), (D), (E), and (F) of	8494
section 3317.022; divisions (B), (C), and (D) of section 3317.023;	8495
divisions (L) and (N) of section 3317.024; section 3317.0216; and	8496
any unit payments for gifted student services paid under sections	8497
3317.05, 3317.052, and 3317.053 of the Revised Code; except that,	8498
for fiscal years 2008 and 2009, the amount computed for the	8499
district under Section 269.20.80 of H.B. 119 of the 127th general	8500
assembly and as that section subsequently may be amended shall be	8501
substituted for the amount computed under division (D) of section	8502
3317.022 of the Revised Code, and the amount computed under	8503
Section 269.30.80 of H.B. 119 of the 127th general assembly and as	8504
that section subsequently may be amended shall be included.	8505

(b) For fiscal years 2010 and 2011, the sum of the amounts	8506
computed under former sections 3306.052, 3306.12, 3306.13,	8507
3306.19, 3306.191, and 3306.192 of the Revised Code;	8508

(c) For fiscal years 2012 and 2013, the ~~amount~~sum of the	8509
amounts paid ~~in accordance with the section~~under Sections	8510
267.30.50, 267.30.53, and 267.30.56 of H.B. 153 of the 129th	8511
general assembly ~~entitled "FUNDING FOR CITY, EXEMPTED VILLAGE, AND~~	8512
~~LOCAL SCHOOL DISTRICTS~~."	8513

(3) "State education aid" for a joint vocational school	8514
district means the following:	8515

(a) For fiscal years prior to fiscal year 2010, the sum of	8516
the state aid computed for the district under division (N) of	8517
section 3317.024 and section 3317.16 of the Revised Code, except	8518
that, for fiscal years 2008 and 2009, the amount computed under	8519
Section 269.30.80 of H.B. 119 of the 127th general assembly and as	8520
that section subsequently may be amended shall be included.	8521

(b) For fiscal years 2010 and 2011, the amount paid in	8522
accordance with ~~the section~~Section 265.30.50 of H.B. 1 of the	8523
128th general assembly ~~entitled "FUNDING FOR JOINT VOCATIONAL~~	8524
~~SCHOOL DISTRICTS~~."	8525

(c) For fiscal years 2012 and 2013, the amount paid in	8526
accordance with ~~the section~~Section 267.30.60 of H.B. 153 of the	8527
129th general assembly ~~entitled "FUNDING FOR JOINT VOCATIONAL~~	8528
~~SCHOOL DISTRICTS~~."	8529

(4) "State education aid offset" means the amount determined	8530
for each school district or joint vocational school district under	8531
division (A)(1) of section 5751.21 of the Revised Code.	8532

(5) "Machinery and equipment property tax value loss" means	8533
the amount determined under division (C)(1) of this section.	8534

(6) "Inventory property tax value loss" means the amount	8535
determined under division (C)(2) of this section.	8536

(7) "Furniture and fixtures property tax value loss" means	8537
the amount determined under division (C)(3) of this section.	8538

(8) "Machinery and equipment fixed-rate levy loss" means the	8539
amount determined under division (D)(1) of this section.	8540

(9) "Inventory fixed-rate levy loss" means the amount	8541
determined under division (D)(2) of this section.	8542

(10) "Furniture and fixtures fixed-rate levy loss" means the	8543
amount determined under division (D)(3) of this section.	8544

(11) "Total fixed-rate levy loss" means the sum of the	8545
machinery and equipment fixed-rate levy loss, the inventory	8546
fixed-rate levy loss, the furniture and fixtures fixed-rate levy	8547
loss, and the telephone company fixed-rate levy loss.	8548

(12) "Fixed-sum levy loss" means the amount determined under	8549
division (E) of this section.	8550

(13) "Machinery and equipment" means personal property	8551
subject to the assessment rate specified in division (F) of	8552
section 5711.22 of the Revised Code.	8553

(14) "Inventory" means personal property subject to the	8554
assessment rate specified in division (E) of section 5711.22 of	8555
the Revised Code.	8556

(15) "Furniture and fixtures" means personal property subject	8557
to the assessment rate specified in division (G) of section	8558
5711.22 of the Revised Code.	8559

(16) "Qualifying levies" are levies in effect for tax year	8560
2004 or applicable to tax year 2005 or approved at an election	8561
conducted before September 1, 2005. For the purpose of determining	8562
the rate of a qualifying levy authorized by section 5705.212 or	8563
5705.213 of the Revised Code, the rate shall be the rate that	8564
would be in effect for tax year 2010.	8565

(17) "Telephone property" means tangible personal property of	8566
a telephone, telegraph, or interexchange telecommunications	8567
company subject to an assessment rate specified in section	8568
5727.111 of the Revised Code in tax year 2004.	8569

(18) "Telephone property tax value loss" means the amount	8570
determined under division (C)(4) of this section.	8571

(19) "Telephone property fixed-rate levy loss" means the	8572
amount determined under division (D)(4) of this section.	8573

(20) "Taxes charged and payable" means taxes charged and	8574
payable after the reduction required by section 319.301 of the	8575
Revised Code but before the reductions required by sections	8576
319.302 and 323.152 of the Revised Code.	8577

(21) "Median estate tax collections" means, in the case of a	8578
municipal corporation to which revenue from the taxes levied in	8579
Chapter 5731. of the Revised Code was distributed in each of	8580
calendar years 2006, 2007, 2008, and 2009, the median of those	8581
distributions. In the case of a municipal corporation to which no	8582
distributions were made in one or more of those years, "median	8583
estate tax collections" means zero.	8584

(22) "Total resources," in the case of a school district,	8585
means the sum of the amounts in divisions (A)(22)(a) to (h) of	8586
this section less any reduction required under division (A)(32) of	8587
this section.	8588

(a) The state education aid for fiscal year 2010;

8589

(b) The sum of the payments received by the school district	8590
in fiscal year 2010 for current expense levy losses pursuant to	8591
division (C)(2) of section 5727.85 and divisions (C)(8) and (9) of	8592
section 5751.21 of the Revised Code, excluding the portion of such	8593
payments attributable to levies for joint vocational school	8594
district purposes;	8595

(c) The sum of fixed-sum levy loss payments received by the	8596
school district in fiscal year 2010 pursuant to division (E)(1) of	8597
section 5727.85 and division (E)(1) of section 5751.21 of the	8598
Revised Code for fixed-sum levies imposed for a purpose other than	8599
paying debt charges;	8600

(d) Fifty per cent of the school district's taxes charged and	8601
payable against all property on the tax list of real and public	8602
utility property for current expense purposes for tax year 2008,	8603
including taxes charged and payable from emergency levies imposed	8604
under section 5709.194 of the Revised Code and excluding taxes	8605
levied for joint vocational school district purposes;	8606

(e) Fifty per cent of the school district's taxes charged and	8607
payable against all property on the tax list of real and public	8608
utility property for current expenses for tax year 2009, including	8609
taxes charged and payable from emergency levies and excluding	8610
taxes levied for joint vocational school district purposes;	8611

(f) The school district's taxes charged and payable against	8612
all property on the general tax list of personal property for	8613
current expenses for tax year 2009, including taxes charged and	8614
payable from emergency levies;	8615

(g) The amount certified for fiscal year 2010 under division	8616
(A)(2) of section 3317.08 of the Revised Code;	8617

(h) Distributions received during calendar year 2009 from	8618
taxes levied under section 718.09 of the Revised Code.	8619

(23) "Total resources," in the case of a joint vocational	8620
school district, means the sum of amounts in divisions (A)(23)(a)	8621
to (g) of this section less any reduction required under division	8622
(A)(32) of this section.	8623

(a) The state education aid for fiscal year 2010;

8624

(b) The sum of the payments received by the joint vocational	8625
school district in fiscal year 2010 for current expense levy	8626
losses pursuant to division (C)(2) of section 5727.85 and	8627
divisions (C)(8) and (9) of section 5751.21 of the Revised Code;	8628

(c) Fifty per cent of the joint vocational school district's	8629
taxes charged and payable against all property on the tax list of	8630
real and public utility property for current expense purposes for	8631
tax year 2008;	8632

(d) Fifty per cent of the joint vocational school district's	8633
taxes charged and payable against all property on the tax list of	8634
real and public utility property for current expenses for tax year	8635
2009;	8636

(e) Fifty per cent of a city, local, or exempted village	8637
school district's taxes charged and payable against all property	8638
on the tax list of real and public utility property for current	8639
expenses of the joint vocational school district for tax year	8640
2008;	8641

(f) Fifty per cent of a city, local, or exempted village	8642
school district's taxes charged and payable against all property	8643
on the tax list of real and public utility property for current	8644
expenses of the joint vocational school district for tax year	8645
2009;	8646

(g) The joint vocational school district's taxes charged and	8647
payable against all property on the general tax list of personal	8648
property for current expenses for tax year 2009.	8649

(24) "Total resources," in the case of county mental health	8650
and disability related functions, means the sum of the amounts in	8651
divisions (A)(24)(a) and (b) of this section less any reduction	8652
required under division (A)(32) of this section.	8653

(a) The sum of the payments received by the county for mental	8654
health and developmental disability related functions in calendar	8655
year 2010 under division (A)(1) of section 5727.86 and ~~division~~	8656
divisions (A)(1) and (2) of section 5751.22 of the Revised Code as	8657
they existed at that time;	8658

(b) With respect to taxes levied by the county for mental	8659
health and developmental disability related purposes, the taxes	8660
charged and payable for such purposes against all property on the	8661
tax list of real and public utility property for tax year 2009.	8662

(25) "Total resources," in the case of county senior services	8663
related functions, means the sum of the amounts in divisions	8664
(A)(25)(a) and (b) of this section less any reduction required	8665
under division (A)(32) of this section.	8666

(a) The sum of the payments received by the county for senior	8667
services related functions in calendar year 2010 under division	8668
(A)(1) of section 5727.86 and divisions (A)(1) and (2) of section	8669
5751.22 of the Revised Code as they existed at that time;	8670

(b) With respect to taxes levied by the county for senior	8671
services related purposes, the taxes charged and payable for such	8672
purposes against all property on the tax list of real and public	8673
utility property for tax year 2009.	8674

(26) "Total resources," in the case of county children's	8675
services related functions, means the sum of the amounts in	8676
divisions (A)(26)(a) and (b) of this section less any reduction	8677
required under division (A)(32) of this section.	8678

(a) The sum of the payments received by the county for	8679
children's services related functions in calendar year 2010 under	8680
division (A)(1) of section 5727.86 and divisions (A)(1) and (2) of	8681
section 5751.22 of the Revised Code as they existed at that time;	8682

(b) With respect to taxes levied by the county for children's	8683
services related purposes, the taxes charged and payable for such	8684
purposes against all property on the tax list of real and public	8685
utility property for tax year 2009.	8686

(27) "Total resources," in the case of county public health	8687
related functions, means the sum of the amounts in divisions	8688
(A)(27)(a) and (b) of this section less any reduction required	8689
under division (A)(32) of this section.	8690

(a) The sum of the payments received by the county for public	8691
health related functions in calendar year 2010 under division	8692
(A)(1) of section 5727.86 and divisions (A)(1) and (2) of section	8693
5751.22 of the Revised Code as they existed at that time;	8694

(b) With respect to taxes levied by the county for public	8695
health related purposes, the taxes charged and payable for such	8696
purposes against all property on the tax list of real and public	8697
utility property for tax year 2009.	8698

(28) "Total resources," in the case of all county functions	8699
not included in divisions (A)(24) to (27) of this section, means	8700
the sum of the amounts in divisions (A)(28)(a) to (d) of this	8701
section less any reduction required under division (A)(32) of this	8702
section.	8703

(a) The sum of the payments received by the county for all	8704
other purposes in calendar year 2010 under division (A)(1) of	8705
section 5727.86 and divisions (A)(1) and (2) of section 5751.22 of	8706
the Revised Code as they existed at that time;	8707

(b) The county's percentage share of county undivided local	8708
government fund allocations as certified to the tax commissioner	8709
for calendar year 2010 by the county auditor under division (J) of	8710
section 5747.51 of the Revised Code or division (F) of section	8711
5747.53 of the Revised Code multiplied by the total amount	8712
actually distributed in calendar year 2010 from the county	8713
undivided local government fund;	8714

(c) With respect to taxes levied by the county for all other	8715
purposes, the taxes charged and payable for such purposes against	8716
all property on the tax list of real and public utility property	8717
for tax year 2009, excluding taxes charged and payable for the	8718
purpose of paying debt charges;	8719

(d) The sum of the amounts distributed to the county in	8720
calendar year 2010 for the taxes levied pursuant to sections	8721
5739.021 and 5741.021 of the Revised Code.	8722

(29) "Total resources," in the case of a municipal	8723
corporation, means the sum of the amounts in divisions (A)(29)(a)	8724
to (g) of this section less any reduction required under division	8725
(A)(32) of this section.	8726

(a) The sum of the payments received by the municipal	8727
corporation in calendar year 2010 under division (A)(1) of section	8728
5727.86 and divisions (A)(1) and (2) of section 5751.22 of the	8729
Revised Code as they existed at that time;	8730

(b) The municipal corporation's percentage share of county	8731
undivided local government fund allocations as certified to the	8732
tax commissioner for calendar year 2010 by the county auditor	8733
under division (J) of section 5747.51 of the Revised Code or	8734
division (F) of section 5747.53 of the Revised Code multiplied by	8735
the total amount actually distributed in calendar year 2010 from	8736
the county undivided local government fund;	8737

(c) The sum of the amounts distributed to the municipal	8738
corporation in calendar year 2010 pursuant to section 5747.50 of	8739
the Revised Code;	8740

(d) With respect to taxes levied by the municipal	8741
corporation, the taxes charged and payable against all property on	8742
the tax list of real and public utility property for current	8743
expenses, defined in division (A)(33) of this section, for tax	8744
year 2009;	8745

(e) The amount of admissions tax collected by the municipal	8746
corporation in calendar year 2008, or if such information has not	8747
yet been reported to the tax commissioner, in the most recent year	8748
before 2008 for which the municipal corporation has reported data	8749
to the commissioner;	8750

(f) The amount of income taxes collected by the municipal	8751
corporation in calendar year 2008, or if such information has not	8752
yet been reported to the tax commissioner, in the most recent year	8753
before 2008 for which the municipal corporation has reported data	8754
to the commissioner;	8755

(g) The municipal corporation's median estate tax	8756
collections.	8757

(30) "Total resources," in the case of a township, means the	8758
sum of the amounts in divisions (A)(30)(a) to (c) of this section	8759
less any reduction required under division (A)(32) of this	8760
section.	8761

(a) The sum of the payments received by the township in	8762
calendar year 2010 pursuant to division (A)(1) of section 5727.86	8763
of the Revised Code and divisions (A)(1) and (2) of section	8764
5751.22 of the Revised Code as they existed at that time,	8765
excluding payments received for debt purposes;	8766

(b) The township's percentage share of county undivided local	8767
government fund allocations as certified to the tax commissioner	8768
for calendar year 2010 by the county auditor under division (J) of	8769
section 5747.51 of the Revised Code or division (F) of section	8770
5747.53 of the Revised Code multiplied by the total amount	8771
actually distributed in calendar year 2010 from the county	8772
undivided local government fund;	8773

(c) With respect to taxes levied by the township, the taxes	8774
charged and payable against all property on the tax list of real	8775
and public utility property for tax year 2009 excluding taxes	8776
charged and payable for the purpose of paying debt charges.	8777

(31) "Total resources," in the case of a local taxing unit	8778
that is not a county, municipal corporation, or township, means	8779
the sum of the amounts in divisions (A)(31)(a) to (e) of this	8780
section less any reduction required under division (A)(32) of this	8781
section.	8782

(a) The sum of the payments received by the local taxing unit	8783
in calendar year 2010 pursuant to division (A)(1) of section	8784
5727.86 of the Revised Code and divisions (A)(1) and (2) of	8785
section 5751.22 of the Revised Code as they existed at that time;	8786

(b) The local taxing unit's percentage share of county	8787
undivided local government fund allocations as certified to the	8788
tax commissioner for calendar year 2010 by the county auditor	8789
under division (J) of section 5747.51 of the Revised Code or	8790
division (F) of section 5747.53 of the Revised Code multiplied by	8791
the total amount actually distributed in calendar year 2010 from	8792
the county undivided local government fund;	8793

(c) With respect to taxes levied by the local taxing unit,	8794
the taxes charged and payable against all property on the tax list	8795
of real and public utility property for tax year 2009 excluding	8796
taxes charged and payable for the purpose of paying debt charges;	8797

(d) The amount received from the tax commissioner during	8798
calendar year 2010 for sales or use taxes authorized under	8799
sections 5739.023 and 5741.022 of the Revised Code;	8800

(e) For institutions of higher education receiving tax	8801
revenue from a local levy, as identified in section 3358.02 of the	8802
Revised Code, the final state share of instruction allocation for	8803
fiscal year 2010 as calculated by the board of regents and	8804
reported to the state controlling board.	8805

(32) If a fixed-rate levy that is a qualifying levy is not	8806
imposed in any year after tax year 2010, "total resources" used to	8807
compute payments to be made under division (C)(12) of section	8808
5751.21 or division (A)(1)(b) or (c) of section 5751.22 of the	8809
Revised Code in the tax years following the last year the levy is	8810
imposed shall be reduced by the amount of payments attributable to	8811
the fixed-rate levy loss of that levy as would be computed under	8812
division (C)(2) of section 5727.85, division (A)(1) of section	8813
5727.85, divisions (C)(8) and (9) of section 5751.21, or division	8814
(A)(1) of section 5751.22 of the Revised Code.	8815

(33) "Municipal current expense property tax levies" means	8816
all property tax levies of a municipality, except those with the	8817
following levy names: airport resurfacing; bond or any levy name	8818
including the word "bond"; capital improvement or any levy name	8819
including the word "capital"; debt or any levy name including the	8820
word "debt"; equipment or any levy name including the word	8821
"equipment," unless the levy is for combined operating and	8822
equipment; employee termination fund; fire pension or any levy	8823
containing the word "pension," including police pensions;	8824
fireman's fund or any practically similar name; sinking fund; road	8825
improvements or any levy containing the word "road"; fire truck or	8826
apparatus; flood or any levy containing the word "flood";	8827
conservancy district; county health; note retirement; sewage, or	8828
any levy containing the words "sewage" or "sewer"; park	8829
improvement; parkland acquisition; storm drain; street or any levy	8830
name containing the word "street"; lighting, or any levy name	8831
containing the word "lighting"; and water.	8832

(34) "Current expense TPP allocation" means, in the case of a	8833
school district or joint vocational school district, the sum of	8834
the payments received by the school district in fiscal year 2011	8835
pursuant to divisions (C)(10) and (11) of section 5751.21 of the	8836
Revised Code to the extent paid for current expense levies. In the	8837
case of a municipal corporation, "current expense TPP allocation"	8838
means the sum of the payments received by the municipal	8839
corporation in calendar year 2010 pursuant to divisions (A)(1) and	8840
(2) of section 5751.22 of the Revised Code to the extent paid for	8841
municipal current expense property tax levies as defined in	8842
division (A)(33) of this section. If a fixed-rate levy that is a	8843
qualifying levy is not imposed in any year after tax year 2010,	8844
"current expense TPP allocation" used to compute payments to be	8845
made under division (C)(12) of section 5751.21 or division	8846
(A)(1)(b) or (c) of section 5751.22 of the Revised Code in the tax	8847
years following the last year the levy is imposed shall be reduced	8848
by the amount of payments attributable to the fixed-rate levy loss	8849
of that levy as would be computed under divisions (C)(10) and (11)	8850
of section 5751.21 or division (A)(1) of section 5751.22 of the	8851
Revised Code.	8852

(35) "TPP allocation" means the sum of payments received by a	8853
local taxing unit in calendar year 2010 pursuant to divisions	8854
(A)(1) and (2) of section 5751.22 of the Revised Code. If a	8855
fixed-rate levy that is a qualifying levy is not imposed in any	8856
year after tax year 2010, "TPP allocation" used to compute	8857
payments to be made under division (A)(1)(b) or (c) of section	8858
5751.22 of the Revised Code in the tax years following the last	8859
year the levy is imposed shall be reduced by the amount of payment	8860
attributable to the fixed-rate levy loss of that levy as would be	8861
computed under division (A)(1) of that section.	8862

(36) "Total TPP allocation" means, in the case of a school	8863
district or joint vocational school district, the sum of the	8864
amounts received in fiscal year 2011 pursuant to divisions (C)(10)	8865
and (11) and (D) of section 5751.21 of the Revised Code. In the	8866
case of a local taxing unit, "total TPP allocation" means the sum	8867
of payments received by the unit in calendar year 2010 pursuant to	8868
divisions (A)(1), (2), and (3) of section 5751.22 of the Revised	8869
Code. If a fixed-rate levy that is a qualifying levy is not	8870
imposed in any year after tax year 2010, "total TPP allocation"	8871
used to compute payments to be made under division (C)(12) of	8872
section 5751.21 or division (A)(1)(b) or (c) of section 5751.22 of	8873
the Revised Code in the tax years following the last year the levy	8874
is imposed shall be reduced by the amount of payments attributable	8875
to the fixed-rate levy loss of that levy as would be computed	8876
under divisions (C)(10) and (11) of section 5751.21 or division	8877
(A)(1) of section 5751.22 of the Revised Code.	8878

(37) "Non-current expense TPP allocation" means the	8879
difference of total TPP allocation minus the sum of current	8880
expense TPP allocation and the portion of total TPP allocation	8881
constituting reimbursement for debt levies, pursuant to division	8882
(D) of section 5751.21 of the Revised Code in the case of a school	8883
district or joint vocational school district and pursuant to	8884
division (A)(3) of section 5751.22 of the Revised Code in the case	8885
of a municipal corporation.	8886

(38) "Threshold per cent" means, in the case of a school	8887
district or joint vocational school district, two per cent for	8888
fiscal year 2012 and four per cent for fiscal years 2013 and	8889
thereafter. In the case of a local taxing unit, "threshold per	8890
cent" means two per cent for tax year 2011, four per cent for tax	8891
year 2012, and six per cent for tax years 2013 and thereafter.	8892

(B) The commercial activities tax receipts fund is hereby	8893
created in the state treasury and shall consist of money arising	8894
from the tax imposed under this chapter. Eighty-five	8895
one-hundredths of one per cent of the money credited to that fund	8896
shall be credited to the tax reform system implementation fund,	8897
which is hereby created in the state treasury, and shall be used	8898
to defray the costs incurred by the department of taxation in	8899
administering the tax imposed by this chapter and in implementing	8900
tax reform measures. The remainder in the commercial activities	8901
tax receipts fund shall be credited for each fiscal year in the	8902
following percentages to the general revenue fund, to the school	8903
district tangible property tax replacement fund, which is hereby	8904
created in the state treasury for the purpose of making the	8905
payments described in section 5751.21 of the Revised Code, and to	8906
the local government tangible property tax replacement fund, which	8907
is hereby created in the state treasury for the purpose of making	8908
the payments described in section 5751.22 of the Revised Code, in	8909
the following percentages:	8910

Fiscal year	General Revenue Fund	School District Tangible Property Tax Replacement Fund	Local Government Tangible Property Tax Replacement Fund	8911
2006	67.7%	22.6%	9.7%	8912
2007	0%	70.0%	30.0%	8913
2008	0%	70.0%	30.0%	8914
2009	0%	70.0%	30.0%	8915
2010	0%	70.0%	30.0%	8916
2011	0%	70.0%	30.0%	8917
2012	25.0%	52.5%	22.5%	8918
2013 and thereafter	50.0%	35.0%	15.0%	8919

(C) Not later than September 15, 2005, the tax commissioner	8920
shall determine for each school district, joint vocational school	8921
district, and local taxing unit its machinery and equipment,	8922
inventory property, furniture and fixtures property, and telephone	8923
property tax value losses, which are the applicable amounts	8924
described in divisions (C)(1), (2), (3), and (4) of this section,	8925
except as provided in division (C)(5) of this section:	8926

(1) Machinery and equipment property tax value loss is the	8927
taxable value of machinery and equipment property as reported by	8928
taxpayers for tax year 2004 multiplied by:	8929

(a) For tax year 2006, thirty-three and eight-tenths per	8930
cent;	8931

(b) For tax year 2007, sixty-one and three-tenths per cent;

8932

8933

(d) For tax year 2009 and thereafter, one hundred per cent.

8934

(2) Inventory property tax value loss is the taxable value of	8935
inventory property as reported by taxpayers for tax year 2004	8936
multiplied by:	8937

(a) For tax year 2006, a fraction, the numerator of which is	8938
five and three-fourths and the denominator of which is	8939
twenty-three;	8940

(b) For tax year 2007, a fraction, the numerator of which is	8941
nine and one-half and the denominator of which is twenty-three;	8942

(c) For tax year 2008, a fraction, the numerator of which is	8943
thirteen and one-fourth and the denominator of which is	8944
twenty-three;	8945

(d) For tax year 2009 and thereafter a fraction, the	8946
numerator of which is seventeen and the denominator of which is	8947
twenty-three.	8948

(3) Furniture and fixtures property tax value loss is the	8949
taxable value of furniture and fixture property as reported by	8950
taxpayers for tax year 2004 multiplied by:	8951

(a) For tax year 2006, twenty-five per cent;

8952

(b) For tax year 2007, fifty per cent;

8953

8954

(d) For tax year 2009 and thereafter, one hundred per cent.

8955

The taxable value of property reported by taxpayers used in	8956
divisions (C)(1), (2), and (3) of this section shall be such	8957
values as determined to be final by the tax commissioner as of	8958
August 31, 2005. Such determinations shall be final except for any	8959
correction of a clerical error that was made prior to August 31,	8960
2005, by the tax commissioner.	8961

(4) Telephone property tax value loss is the taxable value of	8962
telephone property as taxpayers would have reported that property	8963
for tax year 2004 if the assessment rate for all telephone	8964
property for that year were twenty-five per cent, multiplied by:	8965

(a) For tax year 2006, zero per cent;

8966

(b) For tax year 2007, zero per cent;

8967

8968

(d) For tax year 2009, sixty per cent;

8969

(e) For tax year 2010, eighty per cent;

8970

(f) For tax year 2011 and thereafter, one hundred per cent.

8971

(5) Division (C)(5) of this section applies to any school	8972
district, joint vocational school district, or local taxing unit	8973
in a county in which is located a facility currently or formerly	8974
devoted to the enrichment or commercialization of uranium or	8975
uranium products, and for which the total taxable value of	8976
property listed on the general tax list of personal property for	8977
any tax year from tax year 2001 to tax year 2004 was fifty per	8978
cent or less of the taxable value of such property listed on the	8979
general tax list of personal property for the next preceding tax	8980
year.	8981

In computing the fixed-rate levy losses under divisions	8982
(D)(1), (2), and (3) of this section for any school district,	8983
joint vocational school district, or local taxing unit to which	8984
division (C)(5) of this section applies, the taxable value of such	8985
property as listed on the general tax list of personal property	8986
for tax year 2000 shall be substituted for the taxable value of	8987
such property as reported by taxpayers for tax year 2004, in the	8988
taxing district containing the uranium facility, if the taxable	8989
value listed for tax year 2000 is greater than the taxable value	8990
reported by taxpayers for tax year 2004. For the purpose of making	8991
the computations under divisions (D)(1), (2), and (3) of this	8992
section, the tax year 2000 valuation is to be allocated to	8993
machinery and equipment, inventory, and furniture and fixtures	8994
property in the same proportions as the tax year 2004 values. For	8995
the purpose of the calculations in division (A) of section 5751.21	8996
of the Revised Code, the tax year 2004 taxable values shall be	8997
used.	8998

To facilitate the calculations required under division (C) of	8999
this section, the county auditor, upon request from the tax	9000
commissioner, shall provide by August 1, 2005, the values of	9001
machinery and equipment, inventory, and furniture and fixtures for	9002
all single-county personal property taxpayers for tax year 2004.	9003

(D) Not later than September 15, 2005, the tax commissioner	9004
shall determine for each tax year from 2006 through 2009 for each	9005
school district, joint vocational school district, and local	9006
taxing unit its machinery and equipment, inventory, and furniture	9007
and fixtures fixed-rate levy losses, and for each tax year from	9008
2006 through 2011 its telephone property fixed-rate levy loss.	9009
Except as provided in division (F) of this section, such losses	9010
are the applicable amounts described in divisions (D)(1), (2),	9011
(3), and (4) of this section:	9012

(1) The machinery and equipment fixed-rate levy loss is the	9013
machinery and equipment property tax value loss multiplied by the	9014
sum of the tax rates of fixed-rate qualifying levies.	9015

(2) The inventory fixed-rate loss is the inventory property	9016
tax value loss multiplied by the sum of the tax rates of	9017
fixed-rate qualifying levies.	9018

(3) The furniture and fixtures fixed-rate levy loss is the	9019
furniture and fixture property tax value loss multiplied by the	9020
sum of the tax rates of fixed-rate qualifying levies.	9021

(4) The telephone property fixed-rate levy loss is the	9022
telephone property tax value loss multiplied by the sum of the tax	9023
rates of fixed-rate qualifying levies.	9024

(E) Not later than September 15, 2005, the tax commissioner	9025
shall determine for each school district, joint vocational school	9026
district, and local taxing unit its fixed-sum levy loss. The	9027
fixed-sum levy loss is the amount obtained by subtracting the	9028
amount described in division (E)(2) of this section from the	9029
amount described in division (E)(1) of this section:	9030

(1) The sum of the machinery and equipment property tax value	9031
loss, the inventory property tax value loss, and the furniture and	9032
fixtures property tax value loss, and, for 2008 through 2010, the	9033
telephone property tax value loss of the district or unit	9034
multiplied by the sum of the fixed-sum tax rates of qualifying	9035
levies. For 2006 through 2010, this computation shall include all	9036
qualifying levies remaining in effect for the current tax year and	9037
any school district levies imposed under section 5705.194 or	9038
5705.213 of the Revised Code that are qualifying levies not	9039
remaining in effect for the current year. For 2011 through 2017 in	9040
the case of school district levies imposed under section 5705.194	9041
or 5705.213 of the Revised Code and for all years after 2010 in	9042
the case of other fixed-sum levies, this computation shall include	9043
only qualifying levies remaining in effect for the current year.	9044
For purposes of this computation, a qualifying school district	9045
levy imposed under section 5705.194 or 5705.213 of the Revised	9046
Code remains in effect in a year after 2010 only if, for that	9047
year, the board of education levies a school district levy imposed	9048
under section 5705.194, 5705.199, 5705.213, or 5705.219 of the	9049
Revised Code for an annual sum at least equal to the annual sum	9050
levied by the board in tax year 2004 less the amount of the	9051
payment certified under this division for 2006.	9052

(2) The total taxable value in tax year 2004 less the sum of	9053
the machinery and equipment, inventory, furniture and fixtures,	9054
and telephone property tax value losses in each school district,	9055
joint vocational school district, and local taxing unit multiplied	9056
by one-half of one mill per dollar.	9057

(3) For the calculations in divisions (E)(1) and (2) of this	9058
section, the tax value losses are those that would be calculated	9059
for tax year 2009 under divisions (C)(1), (2), and (3) of this	9060
section and for tax year 2011 under division (C)(4) of this	9061
section.	9062

(4) To facilitate the calculation under divisions (D) and (E)	9063
of this section, not later than September 1, 2005, any school	9064
district, joint vocational school district, or local taxing unit	9065
that has a qualifying levy that was approved at an election	9066
conducted during 2005 before September 1, 2005, shall certify to	9067
the tax commissioner a copy of the county auditor's certificate of	9068
estimated property tax millage for such levy as required under	9069
division (B) of section 5705.03 of the Revised Code, which is the	9070
rate that shall be used in the calculations under such divisions.	9071

If the amount determined under division (E) of this section	9072
for any school district, joint vocational school district, or	9073
local taxing unit is greater than zero, that amount shall equal	9074
the reimbursement to be paid pursuant to division (E) of section	9075
5751.21 or division (A)(3) of section 5751.22 of the Revised Code,	9076
and the one-half of one mill that is subtracted under division	9077
(E)(2) of this section shall be apportioned among all contributing	9078
fixed-sum levies in the proportion that each levy bears to the sum	9079
of all fixed-sum levies within each school district, joint	9080
vocational school district, or local taxing unit.	9081

(F) If a school district levies a tax under section 5705.219	9082
of the Revised Code, the fixed-rate levy loss for qualifying	9083
levies, to the extent repealed under that section, shall equal the	9084
sum of the following amounts in lieu of the amounts computed for	9085
such levies under division (D) of this section:	9086

(1) The sum of the rates of qualifying levies to the extent	9087
so repealed multiplied by the sum of the machinery and equipment,	9088
inventory, and furniture and fixtures tax value losses for 2009 as	9089
determined under that division;	9090

(2) The sum of the rates of qualifying levies to the extent	9091
so repealed multiplied by the telephone property tax value loss	9092
for 2011 as determined under that division.	9093

The fixed-rate levy losses for qualifying levies to the	9094
extent not repealed under section 5705.219 of the Revised Code	9095
shall be as determined under division (D) of this section. The	9096
revised fixed-rate levy losses determined under this division and	9097
division (D) of this section first apply in the year following the	9098
first year the district levies the tax under section 5705.219 of	9099
the Revised Code.	9100

(G) Not later than October 1, 2005, the tax commissioner	9101
shall certify to the department of education for every school	9102
district and joint vocational school district the machinery and	9103
equipment, inventory, furniture and fixtures, and telephone	9104
property tax value losses determined under division (C) of this	9105
section, the machinery and equipment, inventory, furniture and	9106
fixtures, and telephone fixed-rate levy losses determined under	9107
division (D) of this section, and the fixed-sum levy losses	9108
calculated under division (E) of this section. The calculations	9109
under divisions (D) and (E) of this section shall separately	9110
display the levy loss for each levy eligible for reimbursement.	9111

(H) Not later than October 1, 2005, the tax commissioner	9112
shall certify the amount of the fixed-sum levy losses to the	9113
county auditor of each county in which a school district, joint	9114
vocational school district, or local taxing unit with a fixed-sum	9115
levy loss reimbursement has territory.	9116

(I) Not later than the twenty-eighth day of February each	9117
year beginning in 2011 and ending in 2014, the tax commissioner	9118
shall certify to the department of education for each school	9119
district first levying a tax under section 5705.219 of the Revised	9120
Code in the preceding year the revised fixed-rate levy losses	9121
determined under divisions (D) and (F) of this section.	9122

Sec. 6301.01. As used in this chapter:

9123

(A) "Local area" means any of the following:

9124

(1) A municipal corporation that is authorized to administer	9125
and enforce the "Workforce Investment Act of 1998," 112 Stat. 936,	9126
29 U.S.C.A. 2801, as amended, under this chapter and is not	9127
joining in partnership with any other political subdivisions in	9128
order to do so;	9129

(2) A single county;

9130

(3) A consortium of any of the following political	9131
subdivisions:	9132

(a) A group of two or more counties in the state;

9133

(b) One or more counties and one municipal corporation in the	9134
state;	9135

(c) One or more counties with or without one municipal	9136
corporation in the state and one or more counties with or without	9137
one municipal corporation in another state, on the condition that	9138
those in another state share a labor market area with those in the	9139
state.	9140

"Local area" does not mean a region for purposes of	9141
determinations concerning administrative incentives.	9142

(B) "Municipal corporation" means a municipal corporation	9143
that is eligible for automatic or temporary designation as a local	9144
workforce investment area pursuant to section 116(a)(2) or (3) of	9145
the "Workforce Investment Act of 1998," 112 Stat. 936, 29 U.S.C.A.	9146
2831(a)(2) or (3), but that does not request that the governor	9147
grant such automatic or temporary designation, and that instead	9148
elects to administer and enforce workforce development activities	9149
pursuant to this chapter.	9150

(C) "County" means a county that is eligible to be designated	9151
as a local workforce investment area pursuant to the "Workforce	9152
Investment Act of 1998," 112 Stat. 936, 29 U.S.C.A. 2801, as	9153
amended, but that does not request such designation, and instead	9154
elects to administer and enforce workforce development activities	9155
pursuant to this chapter.	9156

(D) "Workforce development agency" means the entity given	9157
responsibility for workforce development activities that is	9158
designated by the board of county commissioners in accordance with	9159
section 330.04 of the Revised Code, the chief elected official of	9160
a municipal corporation in accordance with section 763.05 of the	9161
Revised Code, or the chief elected officials of a local area	9162
defined in division (A)(3) of this section.	9163

(E) "Workforce development activity" means a program, grant,	9164
or other function, the primary goal of which is to do one or more	9165
of the following:	9166

(1) Help individuals maximize their employment opportunities;

9167

(2) Help employers gain access to skilled workers;

9168

(3) Help employers retain skilled workers;

9169

(4) Help develop or enhance the skills of incumbent workers;

9170

(5) Improve the quality of the state's workforce;

9171

(6) Enhance the productivity and competitiveness of the	9172
state's economy.	9173

(F) "Chief elected officials," when used in reference to a	9174
local area, means the board of county commissioners of the county	9175
or of each county in the local area or, if the county has adopted	9176
a charter under Section 3 of Article X, Ohio Constitution, the	9177
chief governing body of that county, and the chief elected	9178
official of the municipal corporation, if the local area includes	9179
a municipal corporation, except that when the local area is the	9180
type defined in division (A)(1) of this section, "chief elected	9181
officials" means the chief elected official of the municipal	9182
corporation.	9183

(G) "State board" means the state workforce policy board	9184
established by section 6301.04 of the Revised Code.	9185

(H) "Local board" means a local workforce policy board	9186
created pursuant to section 6301.06 of the Revised Code.	9187

Sec. 6301.02. The director of job and family services shall	9188
administer the "Workforce Investment Act of 1998," 112 Stat. 936,	9189
29 U.S.C.A. 2801, as amended, the "Wagner-Peyser Act," 48 Stat.	9190
113 (1933), 29 U.S.C.A. 49, as amended, and the funds received	9191
pursuant to those acts. In administering those acts and funds	9192
received pursuant to those acts, the director shall ~~establish and~~	9193
~~administer~~assist the state workforce policy board in establishing	9194
and administering a workforce development system that is designed	9195
to provide leadership, support, and oversight to locally designed	9196
workforce development ~~and family services~~ systems ~~and that~~	9197
~~provides the maximum amount of flexibility and authority to~~	9198
~~counties and municipal corporations, as permitted under the~~	9199
~~"Workforce Investment Act of 1998," 112 Stat. 936, 29 U.S.C.A.~~	9200
~~2801, as amended~~. The director shall conduct investigations and	9201
hold hearings as necessary for the administration of this chapter.	9202

To the extent permitted by state and federal law, the	9203
director may adopt rules pursuant to Chapter 119. of the Revised	9204
Code to establish any program or pilot program for the purposes of	9205
providing workforce development activities or family services to	9206
individuals who do not meet eligibility criteria for those	9207
activities or services under applicable federal law. Prior to the	9208
initiation of any program of that nature, the director of budget	9209
and management shall certify to the governor that sufficient funds	9210
are available to administer a program of that nature. The state	9211
board shall have final approval of any such program.	9212

Unless otherwise prohibited by state or federal law, every	9213
state agency, board, or commission shall provide to the state	9214
board and the director all information and assistance requested by	9215
the state board and the director in furtherance of workforce	9216
development activities.	9217

Sec. 6301.03. (A) In administering the "Workforce Investment	9218
Act of 1998," 112 Stat. 936, 29 U.S.C.A. 2801, as amended, the	9219
"Wagner-Peyser Act," 48 Stat. 113 (1933), 29 U.S.C.A. 49, as	9220
amended, the funds received pursuant to those acts, and the	9221
workforce development system, the director of job and family	9222
services may, at the direction of the state board, make	9223
allocations and payment of funds for the local administration of	9224
the workforce development activities established under this	9225
chapter. ~~Pursuant to the "Workforce Investment Act of 1998," 112~~	9226
~~Stat. 936, 29 U.S.C.A. 2801, as amended, the governor shall~~	9227
~~reserve not more than fifteen per cent of the amounts allocated to~~	9228
~~the state under Title I of that act for adults, dislocated~~	9229
~~workers, and youth for statewide activities, and not more than~~	9230
~~twenty-five per cent of funds allocated for dislocated workers~~	9231
~~under Title I of that act for statewide rapid response activities.~~	9232

(B) The director shall allocate to local areas all funds	9233
required to be allocated to local areas pursuant to the "Workforce	9234
Investment Act of 1998," 112 Stat. 936, 29 U.S.C.A. 2801, as	9235
amended. The director shall make allocations only with funds	9236
available. Local areas, as defined by either section 101 of the	9237
"Workforce Investment Act of 1998," 112 Stat. 936, 29 U.S.C.A.	9238
2801, as amended, or section 6301.01 of the Revised Code, and	9239
subrecipients of a local area shall establish a workforce	9240
development fund and the entity receiving funds shall deposit all	9241
funds received under this section into the workforce development	9242
fund. All expenditures for activities funded under this section	9243
shall be made from the workforce development fund, including	9244
reimbursements to a county public assistance fund for expenditures	9245
made for activities funded under this section.	9246

(C) The use of funds, reporting requirements, and other	9247
administrative and operational requirements governing the use of	9248
funds received by the director pursuant to this section shall be	9249
governed by internal management rules adopted by ~~the director~~and	9250
approved by the state board pursuant to section 111.15 of the	9251
Revised Code.	9252

(D) To the extent permitted by state or federal law, the	9253
state board, director, local areas, counties, and municipal	9254
corporations authorized to administer workforce development	9255
activities may assess a fee for specialized services requested by	9256
an employer. The director shall adopt rules pursuant to Chapter	9257
119. of the Revised Code governing the nature and amount of those	9258
types of fees.	9259

Sec. 6301.04. The governor shall establish a state workforce	9260
policy board and appoint members to the board, who serve at the	9261
governor's pleasure, to perform duties under the "Workforce	9262
Investment Act of 1998," 112 Stat. 936, 29 U.S.C.A. 2801, as	9263
amended, as authorized by the governor. The board is not subject	9264
to sections 101.82 to 101.87 of the Revised Code. ~~The director of~~	9265
~~job and family services may~~All state agencies engaged in	9266
workforce development activities shall assist the board in the	9267
performance of its duties.	9268

(A)(1) The governor shall designate nine members of the board	9269
to be voting members. All other members shall be ex officio,	9270
nonvoting members.	9271

(2) The governor shall choose the voting members in a way	9272
that a majority of the voting board members represent business	9273
interests.	9274

(B) The board shall have the power and authority to do all of	9275
the following:	9276

(1) Provide oversight and policy direction to ensure that the	9277
state workforce development activities are aligned and serving the	9278
needs of the state's employers, incumbent workers, and job	9279
seekers;	9280

(2) Adopt rules necessary to administer state workforce	9281
development activities;	9282

(3) Adopt rules necessary for the auditing and monitoring of	9283
subrecipients of the workforce development system grant funds;	9284

(4) Designate local workforce investment areas in accordance	9285
with 29 U.S.C. 2831;	9286

(5) Develop a unified budget for all state and federal	9287
workforce funds;	9288

(6) Establish a statewide employment and data collection	9289
system;	9290

(7) Develop statewide performance measures for workforce	9291
development and investment;	9292

(8) Develop a state workforce development plan;

9293

(9) Prepare the annual report to the United States secretary	9294
of labor, pursuant to section 136(d) of the "Workforce Investment	9295
Act of 1998," 112 Stat. 936, 29 U.S.C. 2871, as amended;	9296

(10) Carry out any additional functions, duties, or	9297
responsibilities assigned to the board by the governor.	9298

Sec. 6301.07. (A) Every local workforce policy board, under	9299
the direction and approval of the state workforce policy board and	9300
with the agreement of the chief elected officials of the local	9301
area, and after holding public hearings that allow public comment	9302
and testimony, shall prepare a workforce development plan. The	9303
plan shall accomplish all of the following:	9304

(1) Identify the workforce investment needs of businesses in	9305
the local area, identify projected employment opportunities, and	9306
identify the job skills necessary to obtain those opportunities;	9307

(2) Identify the local area's workforce development needs for	9308
youth, dislocated workers, adults, displaced homemakers, incumbent	9309
workers, and any other group of workers identified by the local	9310
workforce policy board;	9311

(3) Determine the distribution of workforce development	9312
resources and funding to be distributed for each workforce	9313
development activity to meet the identified needs, utilizing the	9314
funds allocated pursuant to the "Workforce Investment Act of	9315
1998," 112 Stat. 936, 29 U.S.C.A. 2801, as amended;	9316

(4) Give priority to youth receiving independent living	9317
services pursuant to sections 2151.81 to 2151.84 of the Revised	9318
Code when determining distribution of workforce development	9319
resources and workforce development activity funding;	9320

(5) Review the minimum curriculum required by the state	9321
workforce policy board for certifying training providers and	9322
identify any additional curriculum requirements to include in	9323
contracts between the training providers and the chief elected	9324
officials of the local area;	9325

(6) Establish performance standards for service providers	9326
that reflect local workforce development needs;	9327

(7) Describe any other information the chief elected	9328
officials of the local area require.	9329

(B) A local workforce policy board may provide policy	9330
guidance and recommendations to the chief elected officials of a	9331
local area for any workforce development activities.	9332

(C) Nothing in this section prohibits the chief elected	9333
officials of a local area from assigning, through a partnership	9334
agreement, any duties in addition to the duties under this section	9335
to a local workforce policy board, except that a local workforce	9336
policy board cannot contract with itself for the direct provision	9337
of services in its local area. A local workforce policy board may	9338
consult with the chief elected officials of its local area and	9339
make recommendations regarding the workforce development	9340
activities provided in its local area at any time.	9341

Sec. 6301.08. Every local area shall participate in a	9342
one-stop system for workforce development activities. Each board	9343
of county commissioners and the chief elected official of a	9344
municipal corporation shall ensure that at least one ~~physical~~	9345
~~location~~delivery method is available in the local area, either	9346
through a physical location, or by electronic means approved by	9347
the state board, for the provision of workforce development	9348
activities.	9349

A one-stop system may be operated by a private entity or a	9350
public agency, including a workforce development agency, any	9351
existing facility or organization that is established to	9352
administer workforce development activities in the local area, and	9353
a county family services agency.	9354

A one-stop system shall include representatives of all the	9355
partners required under the "Workforce Investment Act of 1998,"	9356
112 Stat. 936, 29 U.S.C.A. 2801, as amended. ~~Additionally, at~~	9357
~~least one representative from a county department of job and~~	9358
~~family services shall staff a one-stop system to represent all of~~	9359
~~the county family services agencies within the local area.~~	9360

Sec. 6301.10. Beginning January 1, ~~2001~~2013, and each	9361
calendar ~~quarter~~year thereafter, the ~~director of job and family~~	9362
~~services~~state board, with the assistance of all state agencies	9363
engaged in workforce development activities, shall prepare a	9364
report concerning the state of Ohio's workforce. The ~~director~~	9365
state board shall distribute the report to the president and	9366
minority leader of the senate, the speaker and minority leader of	9367
the house of representatives, ~~the state workforce policy board,~~	9368
the governor's office of Appalachian Ohio, the commission on	9369
Hispanic-Latino affairs, and the commission on African-American	9370
males.	9371

Section 101.02. That existing sections 3301.079, 3301.0711,	9372
3301.0712, 3301.0714, 3301.0715, 3301.0723, 3301.52, 3301.53,	9373
3301.58, 3301.90, 3302.01, 3302.03, 3302.04, 3302.042, 3302.05,	9374
3302.10, 3302.12, 3302.20, 3302.21, 3302.25, 3310.03, 3310.06,	9375
3310.08, 3310.15, 3313.37, 3313.411, 3313.473, 3313.608, 3313.609,	9376
3313.6013, 3313.816, 3313.845, 3313.978, 3314.012, 3314.015,	9377
3314.016, 3314.02, 3314.028, 3314.03, 3314.05, 3314.08, 3314.17,	9378
3314.35, 3314.37, 3317.01, 3318.023, 3318.034, 3318.36, 3318.37,	9379
3318.371, 3319.02, 3319.111, 3319.112, 3319.58, 3321.01, 3323.011,	9380
3333.0411, 3333.391, 4139.01, 4139.03, 4139.04, 4139.05, 5104.01,	9381
5104.011, 5104.02, 5104.21, 5104.30, 5104.31, 5104.34, 5104.38,	9382
5751.20, 6301.01, 6301.02, 6301.03, 6301.04, 6301.07, 6301.08, and	9383
6301.10 of the Revised Code are hereby repealed.	9384

Section 105.01. That sections 3314.36 and 3319.19 of the	9385
Revised Code are hereby repealed.	9386

Section 120.01. That sections 109.57, 2151.011, 2919.227,	9387
2923.124, 2923.126, 2923.1212, 2950.11, 2950.13, 3109.051,	9388
3701.63, 3737.22, 3742.01, 3797.06, 4511.81, 5101.29, 5103.03,	9389
5104.01, 5104.011, 5104.012, 5104.013, 5104.015, 5104.022,	9390
5104.03, 5104.04, 5104.041, 5104.052, 5104.053, 5104.054, 5104.06,	9391
5104.08, 5104.09, 5104.13, 5104.30, 5104.31, 5104.32, 5104.35,	9392
5104.36, 5104.38, 5107.60, and 5153.175 be amended, sections	9393
5104.011 (5104.015), 5104.015 (5104.25), 5104.031 (5104.035),	9394
5104.032 (5104.036), and 5104.033 (5104.037) be amended for the	9395
purpose of adopting new section numbers as indicated in	9396
parentheses, and new sections 5104.032 and 5104.033 and sections	9397
5104.016, 5104.017, 5104.018, 5104.019, 5104.0110, 5104.0111,	9398
5104.0112, 5104.034, 5104.038, 5104.039, and 5104.14 of the	9399
Revised Code be enacted to read as follows:	9400

Sec. 109.57. (A)(1) The superintendent of the bureau of	9401
criminal identification and investigation shall procure from	9402
wherever procurable and file for record photographs, pictures,	9403
descriptions, fingerprints, measurements, and other information	9404
that may be pertinent of all persons who have been convicted of	9405
committing within this state a felony, any crime constituting a	9406
misdemeanor on the first offense and a felony on subsequent	9407
offenses, or any misdemeanor described in division (A)(1)(a),	9408
(A)(8)(a), or (A)(10)(a) of section 109.572 of the Revised Code,	9409
of all children under eighteen years of age who have been	9410
adjudicated delinquent children for committing within this state	9411
an act that would be a felony or an offense of violence if	9412
committed by an adult or who have been convicted of or pleaded	9413
guilty to committing within this state a felony or an offense of	9414
violence, and of all well-known and habitual criminals. The person	9415
in charge of any county, multicounty, municipal, municipal-county,	9416
or multicounty-municipal jail or workhouse, community-based	9417
correctional facility, halfway house, alternative residential	9418
facility, or state correctional institution and the person in	9419
charge of any state institution having custody of a person	9420
suspected of having committed a felony, any crime constituting a	9421
misdemeanor on the first offense and a felony on subsequent	9422
offenses, or any misdemeanor described in division (A)(1)(a),	9423
(A)(8)(a), or (A)(10)(a) of section 109.572 of the Revised Code or	9424
having custody of a child under eighteen years of age with respect	9425
to whom there is probable cause to believe that the child may have	9426
committed an act that would be a felony or an offense of violence	9427
if committed by an adult shall furnish such material to the	9428
superintendent of the bureau. Fingerprints, photographs, or other	9429
descriptive information of a child who is under eighteen years of	9430
age, has not been arrested or otherwise taken into custody for	9431
committing an act that would be a felony or an offense of violence	9432
who is not in any other category of child specified in this	9433
division, if committed by an adult, has not been adjudicated a	9434
delinquent child for committing an act that would be a felony or	9435
an offense of violence if committed by an adult, has not been	9436
convicted of or pleaded guilty to committing a felony or an	9437
offense of violence, and is not a child with respect to whom there	9438
is probable cause to believe that the child may have committed an	9439
act that would be a felony or an offense of violence if committed	9440
by an adult shall not be procured by the superintendent or	9441
furnished by any person in charge of any county, multicounty,	9442
municipal, municipal-county, or multicounty-municipal jail or	9443
workhouse, community-based correctional facility, halfway house,	9444
alternative residential facility, or state correctional	9445
institution, except as authorized in section 2151.313 of the	9446
Revised Code.	9447

(2) Every clerk of a court of record in this state, other	9448
than the supreme court or a court of appeals, shall send to the	9449
superintendent of the bureau a weekly report containing a summary	9450
of each case involving a felony, involving any crime constituting	9451
a misdemeanor on the first offense and a felony on subsequent	9452
offenses, involving a misdemeanor described in division (A)(1)(a),	9453
(A)(8)(a), or (A)(10)(a) of section 109.572 of the Revised Code,	9454
or involving an adjudication in a case in which a child under	9455
eighteen years of age was alleged to be a delinquent child for	9456
committing an act that would be a felony or an offense of violence	9457
if committed by an adult. The clerk of the court of common pleas	9458
shall include in the report and summary the clerk sends under this	9459
division all information described in divisions (A)(2)(a) to (f)	9460
of this section regarding a case before the court of appeals that	9461
is served by that clerk. The summary shall be written on the	9462
standard forms furnished by the superintendent pursuant to	9463
division (B) of this section and shall include the following	9464
information:	9465

(a) The incident tracking number contained on the standard	9466
forms furnished by the superintendent pursuant to division (B) of	9467
this section;	9468

(b) The style and number of the case;

9469

9470

(d) The date that the person was convicted of or pleaded	9471
guilty to the offense, adjudicated a delinquent child for	9472
committing the act that would be a felony or an offense of	9473
violence if committed by an adult, found not guilty of the	9474
offense, or found not to be a delinquent child for committing an	9475
act that would be a felony or an offense of violence if committed	9476
by an adult, the date of an entry dismissing the charge, an entry	9477
declaring a mistrial of the offense in which the person is	9478
discharged, an entry finding that the person or child is not	9479
competent to stand trial, or an entry of a nolle prosequi, or the	9480
date of any other determination that constitutes final resolution	9481
of the case;	9482

(e) A statement of the original charge with the section of	9483
the Revised Code that was alleged to be violated;	9484

(f) If the person or child was convicted, pleaded guilty, or	9485
was adjudicated a delinquent child, the sentence or terms of	9486
probation imposed or any other disposition of the offender or the	9487
delinquent child.	9488

If the offense involved the disarming of a law enforcement	9489
officer or an attempt to disarm a law enforcement officer, the	9490
clerk shall clearly state that fact in the summary, and the	9491
superintendent shall ensure that a clear statement of that fact is	9492
placed in the bureau's records.	9493

(3) The superintendent shall cooperate with and assist	9494
sheriffs, chiefs of police, and other law enforcement officers in	9495
the establishment of a complete system of criminal identification	9496
and in obtaining fingerprints and other means of identification of	9497
all persons arrested on a charge of a felony, any crime	9498
constituting a misdemeanor on the first offense and a felony on	9499
subsequent offenses, or a misdemeanor described in division	9500
(A)(1)(a), (A)(8)(a), or (A)(10)(a) of section 109.572 of the	9501
Revised Code and of all children under eighteen years of age	9502
arrested or otherwise taken into custody for committing an act	9503
that would be a felony or an offense of violence if committed by	9504
an adult. The superintendent also shall file for record the	9505
fingerprint impressions of all persons confined in a county,	9506
multicounty, municipal, municipal-county, or multicounty-municipal	9507
jail or workhouse, community-based correctional facility, halfway	9508
house, alternative residential facility, or state correctional	9509
institution for the violation of state laws and of all children	9510
under eighteen years of age who are confined in a county,	9511
multicounty, municipal, municipal-county, or multicounty-municipal	9512
jail or workhouse, community-based correctional facility, halfway	9513
house, alternative residential facility, or state correctional	9514
institution or in any facility for delinquent children for	9515
committing an act that would be a felony or an offense of violence	9516
if committed by an adult, and any other information that the	9517
superintendent may receive from law enforcement officials of the	9518
state and its political subdivisions.	9519

(4) The superintendent shall carry out Chapter 2950. of the	9520
Revised Code with respect to the registration of persons who are	9521
convicted of or plead guilty to a sexually oriented offense or a	9522
child-victim oriented offense and with respect to all other duties	9523
imposed on the bureau under that chapter.	9524

(5) The bureau shall perform centralized recordkeeping	9525
functions for criminal history records and services in this state	9526
for purposes of the national crime prevention and privacy compact	9527
set forth in section 109.571 of the Revised Code and is the	9528
criminal history record repository as defined in that section for	9529
purposes of that compact. The superintendent or the	9530
superintendent's designee is the compact officer for purposes of	9531
that compact and shall carry out the responsibilities of the	9532
compact officer specified in that compact.	9533

(B) The superintendent shall prepare and furnish to every	9534
county, multicounty, municipal, municipal-county, or	9535
multicounty-municipal jail or workhouse, community-based	9536
correctional facility, halfway house, alternative residential	9537
facility, or state correctional institution and to every clerk of	9538
a court in this state specified in division (A)(2) of this section	9539
standard forms for reporting the information required under	9540
division (A) of this section. The standard forms that the	9541
superintendent prepares pursuant to this division may be in a	9542
tangible format, in an electronic format, or in both tangible	9543
formats and electronic formats.	9544

(C)(1) The superintendent may operate a center for	9545
electronic, automated, or other data processing for the storage	9546
and retrieval of information, data, and statistics pertaining to	9547
criminals and to children under eighteen years of age who are	9548
adjudicated delinquent children for committing an act that would	9549
be a felony or an offense of violence if committed by an adult,	9550
criminal activity, crime prevention, law enforcement, and criminal	9551
justice, and may establish and operate a statewide communications	9552
network to be known as the Ohio law enforcement gateway to gather	9553
and disseminate information, data, and statistics for the use of	9554
law enforcement agencies and for other uses specified in this	9555
division. The superintendent may gather, store, retrieve, and	9556
disseminate information, data, and statistics that pertain to	9557
children who are under eighteen years of age and that are gathered	9558
pursuant to sections 109.57 to 109.61 of the Revised Code together	9559
with information, data, and statistics that pertain to adults and	9560
that are gathered pursuant to those sections.	9561

(2) The superintendent or the superintendent's designee shall	9562
gather information of the nature described in division (C)(1) of	9563
this section that pertains to the offense and delinquency history	9564
of a person who has been convicted of, pleaded guilty to, or been	9565
adjudicated a delinquent child for committing a sexually oriented	9566
offense or a child-victim oriented offense for inclusion in the	9567
state registry of sex offenders and child-victim offenders	9568
maintained pursuant to division (A)(1) of section 2950.13 of the	9569
Revised Code and in the internet database operated pursuant to	9570
division (A)(13) of that section and for possible inclusion in the	9571
internet database operated pursuant to division (A)(11) of that	9572
section.	9573

(3) In addition to any other authorized use of information,	9574
data, and statistics of the nature described in division (C)(1) of	9575
this section, the superintendent or the superintendent's designee	9576
may provide and exchange the information, data, and statistics	9577
pursuant to the national crime prevention and privacy compact as	9578
described in division (A)(5) of this section.	9579

(4) The attorney general may adopt rules under Chapter 119.	9580
of the Revised Code establishing guidelines for the operation of	9581
and participation in the Ohio law enforcement gateway. The rules	9582
may include criteria for granting and restricting access to	9583
information gathered and disseminated through the Ohio law	9584
enforcement gateway. The attorney general shall permit the state	9585
medical board and board of nursing to access and view, but not	9586
alter, information gathered and disseminated through the Ohio law	9587
enforcement gateway.	9588

The attorney general may appoint a steering committee to	9589
advise the attorney general in the operation of the Ohio law	9590
enforcement gateway that is comprised of persons who are	9591
representatives of the criminal justice agencies in this state	9592
that use the Ohio law enforcement gateway and is chaired by the	9593
superintendent or the superintendent's designee.	9594

(D)(1) The following are not public records under section	9595
149.43 of the Revised Code:	9596

(a) Information and materials furnished to the superintendent	9597
pursuant to division (A) of this section;	9598

(b) Information, data, and statistics gathered or	9599
disseminated through the Ohio law enforcement gateway pursuant to	9600
division (C)(1) of this section;	9601

(c) Information and materials furnished to any board or	9602
person under division (F) or (G) of this section.	9603

(2) The superintendent or the superintendent's designee shall	9604
gather and retain information so furnished under division (A) of	9605
this section that pertains to the offense and delinquency history	9606
of a person who has been convicted of, pleaded guilty to, or been	9607
adjudicated a delinquent child for committing a sexually oriented	9608
offense or a child-victim oriented offense for the purposes	9609
described in division (C)(2) of this section.	9610

(E) The attorney general shall adopt rules, in accordance	9611
with Chapter 119. of the Revised Code, setting forth the procedure	9612
by which a person may receive or release information gathered by	9613
the superintendent pursuant to division (A) of this section. A	9614
reasonable fee may be charged for this service. If a temporary	9615
employment service submits a request for a determination of	9616
whether a person the service plans to refer to an employment	9617
position has been convicted of or pleaded guilty to an offense	9618
listed in division (A)(1), (3), (4), (5), or (6) of section	9619
109.572 of the Revised Code, the request shall be treated as a	9620
single request and only one fee shall be charged.	9621

(F)(1) As used in division (F)(2) of this section, "head	9622
start agency" means an entity in this state that has been approved	9623
to be an agency for purposes of subchapter II of the "Community	9624
Economic Development Act," 95 Stat. 489 (1981), 42 U.S.C.A. 9831,	9625
as amended.	9626

(2)(a) In addition to or in conjunction with any request that	9627
is required to be made under section 109.572, 2151.86, 3301.32,	9628
3301.541, division (C) of section 3310.58, or section 3319.39,	9629
3319.391, 3327.10, 3701.881, 5104.012, 5104.013, 5123.081,	9630
5126.28, 5126.281, or 5153.111 of the Revised Code or that is made	9631
under section 3314.41, 3319.392, 3326.25, or 3328.20 of the	9632
Revised Code, the board of education of any school district; the	9633
director of developmental disabilities; any county board of	9634
developmental disabilities; any entity under contract with a	9635
county board of developmental disabilities; the chief	9636
administrator of any chartered nonpublic school; the chief	9637
administrator of a registered private provider that is not also a	9638
chartered nonpublic school; the chief administrator of any home	9639
health agency; the chief administrator of or person operating any	9640
child day-care center, type A family day-care home, or type B	9641
family day-care home licensed ~~or certified~~ under Chapter 5104. of	9642
the Revised Code; ~~the administrator of any type C family day-care~~	9643
~~home certified pursuant to Section 1 of Sub. H.B. 62 of the 121st~~	9644
~~general assembly or Section 5 of Am. Sub. S.B. 160 of the 121st~~	9645
~~general assembly;~~ the chief administrator of any head start	9646
agency; the executive director of a public children services	9647
agency; a private company described in section 3314.41, 3319.392,	9648
3326.25, or 3328.20 of the Revised Code; or an employer described	9649
in division (J)(2) of section 3327.10 of the Revised Code may	9650
request that the superintendent of the bureau investigate and	9651
determine, with respect to any individual who has applied for	9652
employment in any position after October 2, 1989, or any	9653
individual wishing to apply for employment with a board of	9654
education may request, with regard to the individual, whether the	9655
bureau has any information gathered under division (A) of this	9656
section that pertains to that individual. On receipt of the	9657
request, the superintendent shall determine whether that	9658
information exists and, upon request of the person, board, or	9659
entity requesting information, also shall request from the federal	9660
bureau of investigation any criminal records it has pertaining to	9661
that individual. The superintendent or the superintendent's	9662
designee also may request criminal history records from other	9663
states or the federal government pursuant to the national crime	9664
prevention and privacy compact set forth in section 109.571 of the	9665
Revised Code. Within thirty days of the date that the	9666
superintendent receives a request, the superintendent shall send	9667
to the board, entity, or person a report of any information that	9668
the superintendent determines exists, including information	9669
contained in records that have been sealed under section 2953.32	9670
of the Revised Code, and, within thirty days of its receipt, shall	9671
send the board, entity, or person a report of any information	9672
received from the federal bureau of investigation, other than	9673
information the dissemination of which is prohibited by federal	9674
law.	9675

(b) When a board of education or a registered private	9676
provider is required to receive information under this section as	9677
a prerequisite to employment of an individual pursuant to division	9678
(C) of section 3310.58 or section 3319.39 of the Revised Code, it	9679
may accept a certified copy of records that were issued by the	9680
bureau of criminal identification and investigation and that are	9681
presented by an individual applying for employment with the	9682
district in lieu of requesting that information itself. In such a	9683
case, the board shall accept the certified copy issued by the	9684
bureau in order to make a photocopy of it for that individual's	9685
employment application documents and shall return the certified	9686
copy to the individual. In a case of that nature, a district or	9687
provider only shall accept a certified copy of records of that	9688
nature within one year after the date of their issuance by the	9689
bureau.	9690

(c) Notwithstanding division (F)(2)(a) of this section, in	9691
the case of a request under section 3319.39, 3319.391, or 3327.10	9692
of the Revised Code only for criminal records maintained by the	9693
federal bureau of investigation, the superintendent shall not	9694
determine whether any information gathered under division (A) of	9695
this section exists on the person for whom the request is made.	9696

(3) The state board of education may request, with respect to	9697
any individual who has applied for employment after October 2,	9698
1989, in any position with the state board or the department of	9699
education, any information that a school district board of	9700
education is authorized to request under division (F)(2) of this	9701
section, and the superintendent of the bureau shall proceed as if	9702
the request has been received from a school district board of	9703
education under division (F)(2) of this section.	9704

(4) When the superintendent of the bureau receives a request	9705
for information under section 3319.291 of the Revised Code, the	9706
superintendent shall proceed as if the request has been received	9707
from a school district board of education and shall comply with	9708
divisions (F)(2)(a) and (c) of this section.	9709

(5) When a recipient of a classroom reading improvement grant	9710
paid under section 3301.86 of the Revised Code requests, with	9711
respect to any individual who applies to participate in providing	9712
any program or service funded in whole or in part by the grant,	9713
the information that a school district board of education is	9714
authorized to request under division (F)(2)(a) of this section,	9715
the superintendent of the bureau shall proceed as if the request	9716
has been received from a school district board of education under	9717
division (F)(2)(a) of this section.	9718

(G) In addition to or in conjunction with any request that is	9719
required to be made under section 3701.881, 3712.09, 3721.121,	9720
5119.693, or 5119.85 of the Revised Code with respect to an	9721
individual who has applied for employment in a position that	9722
involves providing direct care to an older adult or adult	9723
resident, the chief administrator of a home health agency, hospice	9724
care program, home licensed under Chapter 3721. of the Revised	9725
Code, adult day-care program operated pursuant to rules adopted	9726
under section 3721.04 of the Revised Code, adult foster home, or	9727
adult care facility may request that the superintendent of the	9728
bureau investigate and determine, with respect to any individual	9729
who has applied after January 27, 1997, for employment in a	9730
position that does not involve providing direct care to an older	9731
adult or adult resident, whether the bureau has any information	9732
gathered under division (A) of this section that pertains to that	9733
individual.	9734

In addition to or in conjunction with any request that is	9735
required to be made under section 173.27 of the Revised Code with	9736
respect to an individual who has applied for employment in a	9737
position that involves providing ombudsperson services to	9738
residents of long-term care facilities or recipients of	9739
community-based long-term care services, the state long-term care	9740
ombudsperson, ombudsperson's designee, or director of health may	9741
request that the superintendent investigate and determine, with	9742
respect to any individual who has applied for employment in a	9743
position that does not involve providing such ombudsperson	9744
services, whether the bureau has any information gathered under	9745
division (A) of this section that pertains to that applicant.	9746

In addition to or in conjunction with any request that is	9747
required to be made under section 173.394 of the Revised Code with	9748
respect to an individual who has applied for employment in a	9749
position that involves providing direct care to an individual, the	9750
chief administrator of a community-based long-term care agency may	9751
request that the superintendent investigate and determine, with	9752
respect to any individual who has applied for employment in a	9753
position that does not involve providing direct care, whether the	9754
bureau has any information gathered under division (A) of this	9755
section that pertains to that applicant.	9756

On receipt of a request under this division, the	9757
superintendent shall determine whether that information exists	9758
and, on request of the individual requesting information, shall	9759
also request from the federal bureau of investigation any criminal	9760
records it has pertaining to the applicant. The superintendent or	9761
the superintendent's designee also may request criminal history	9762
records from other states or the federal government pursuant to	9763
the national crime prevention and privacy compact set forth in	9764
section 109.571 of the Revised Code. Within thirty days of the	9765
date a request is received, the superintendent shall send to the	9766
requester a report of any information determined to exist,	9767
including information contained in records that have been sealed	9768
under section 2953.32 of the Revised Code, and, within thirty days	9769
of its receipt, shall send the requester a report of any	9770
information received from the federal bureau of investigation,	9771
other than information the dissemination of which is prohibited by	9772
federal law.	9773

(H) Information obtained by a government entity or person	9774
under this section is confidential and shall not be released or	9775
disseminated.	9776

(I) The superintendent may charge a reasonable fee for	9777
providing information or criminal records under division (F)(2) or	9778
(G) of this section.	9779

(J) As used in this section:

9780

(1) "Sexually oriented offense" and "child-victim oriented	9781
offense" have the same meanings as in section 2950.01 of the	9782
Revised Code.	9783

(2) "Registered private provider" means a nonpublic school or	9784
entity registered with the superintendent of public instruction	9785
under section 3310.41 of the Revised Code to participate in the	9786
autism scholarship program or section 3310.58 of the Revised Code	9787
to participate in the Jon Peterson special needs scholarship	9788
program.	9789

Sec. 2151.011. (A) As used in the Revised Code:

9790

(1) "Juvenile court" means whichever of the following is	9791
applicable that has jurisdiction under this chapter and Chapter	9792
2152. of the Revised Code:	9793

(a) The division of the court of common pleas specified in	9794
section 2101.022 or 2301.03 of the Revised Code as having	9795
jurisdiction under this chapter and Chapter 2152. of the Revised	9796
Code or as being the juvenile division or the juvenile division	9797
combined with one or more other divisions;	9798

(b) The juvenile court of Cuyahoga county or Hamilton county	9799
that is separately and independently created by section 2151.08 or	9800
Chapter 2153. of the Revised Code and that has jurisdiction under	9801
this chapter and Chapter 2152. of the Revised Code;	9802

(c) If division (A)(1)(a) or (b) of this section does not	9803
apply, the probate division of the court of common pleas.	9804

(2) "Juvenile judge" means a judge of a court having	9805
jurisdiction under this chapter.	9806

(3) "Private child placing agency" means any association, as	9807
defined in section 5103.02 of the Revised Code, that is certified	9808
under section 5103.03 of the Revised Code to accept temporary,	9809
permanent, or legal custody of children and place the children for	9810
either foster care or adoption.	9811

(4) "Private noncustodial agency" means any person,	9812
organization, association, or society certified by the department	9813
of job and family services that does not accept temporary or	9814
permanent legal custody of children, that is privately operated in	9815
this state, and that does one or more of the following:	9816

(a) Receives and cares for children for two or more	9817
consecutive weeks;	9818

(b) Participates in the placement of children in certified	9819
foster homes;	9820

(c) Provides adoption services in conjunction with a public	9821
children services agency or private child placing agency.	9822

(B) As used in this chapter:

9823

(1) "Adequate parental care" means the provision by a child's	9824
parent or parents, guardian, or custodian of adequate food,	9825
clothing, and shelter to ensure the child's health and physical	9826
safety and the provision by a child's parent or parents of	9827
specialized services warranted by the child's physical or mental	9828
needs.	9829

(2) "Adult" means an individual who is eighteen years of age	9830
or older.	9831

(3) "Agreement for temporary custody" means a voluntary	9832
agreement authorized by section 5103.15 of the Revised Code that	9833
transfers the temporary custody of a child to a public children	9834
services agency or a private child placing agency.	9835

(4) "Alternative response" means the public children services	9836
agency's response to a report of child abuse or neglect that	9837
engages the family in a comprehensive evaluation of child safety,	9838
risk of subsequent harm, and family strengths and needs and that	9839
does not include a determination as to whether child abuse or	9840
neglect occurred.	9841

(5) "Certified foster home" means a foster home, as defined	9842
in section 5103.02 of the Revised Code, certified under section	9843
5103.03 of the Revised Code.	9844

(6) "Child" means a person who is under eighteen years of	9845
age, except that the juvenile court has jurisdiction over any	9846
person who is adjudicated an unruly child prior to attaining	9847
eighteen years of age until the person attains twenty-one years of	9848
age, and, for purposes of that jurisdiction related to that	9849
adjudication, a person who is so adjudicated an unruly child shall	9850
be deemed a "child" until the person attains twenty-one years of	9851
age.	9852

(7) "Child day camp," "child care," "child day-care center,"	9853
"part-time child day-care center," "type A family day-care home,"	9854
"~~certified~~licensed type B family day-care home," "type B family	9855
day-care home," "administrator of a child day-care center,"	9856
"administrator of a type A family day-care home," and "in-home	9857
aide," ~~and "authorized provider"~~ have the same meanings as in	9858
section 5104.01 of the Revised Code.	9859

(8) "Child care provider" means an individual who is a	9860
child-care staff member or administrator of a child day-care	9861
center, a type A family day-care home, or a type B family day-care	9862
home, or an in-home aide or an individual who is licensed, is	9863
regulated, is approved, operates under the direction of, or	9864
otherwise is certified by the department of job and family	9865
services, department of developmental disabilities, or the early	9866
childhood programs of the department of education.	9867

(9) "Chronic truant" has the same meaning as in section	9868
2152.02 of the Revised Code.	9869

(10) "Commit" means to vest custody as ordered by the court.

9870

(11) "Counseling" includes both of the following:

9871

(a) General counseling services performed by a public	9872
children services agency or shelter for victims of domestic	9873
violence to assist a child, a child's parents, and a child's	9874
siblings in alleviating identified problems that may cause or have	9875
caused the child to be an abused, neglected, or dependent child.	9876

(b) Psychiatric or psychological therapeutic counseling	9877
services provided to correct or alleviate any mental or emotional	9878
illness or disorder and performed by a licensed psychiatrist,	9879
licensed psychologist, or a person licensed under Chapter 4757. of	9880
the Revised Code to engage in social work or professional	9881
counseling.	9882

(12) "Custodian" means a person who has legal custody of a	9883
child or a public children services agency or private child	9884
placing agency that has permanent, temporary, or legal custody of	9885
a child.	9886

(13) "Delinquent child" has the same meaning as in section	9887
2152.02 of the Revised Code.	9888

(14) "Detention" means the temporary care of children pending	9889
court adjudication or disposition, or execution of a court order,	9890
in a public or private facility designed to physically restrict	9891
the movement and activities of children.	9892

(15) "Developmental disability" has the same meaning as in	9893
section 5123.01 of the Revised Code.	9894

(16) "Differential response approach" means an approach that	9895
a public children services agency may use to respond to accepted	9896
reports of child abuse or neglect with either an alternative	9897
response or a traditional response.	9898

(17) "Foster caregiver" has the same meaning as in section	9899
5103.02 of the Revised Code.	9900

(18) "Guardian" means a person, association, or corporation	9901
that is granted authority by a probate court pursuant to Chapter	9902
2111. of the Revised Code to exercise parental rights over a child	9903
to the extent provided in the court's order and subject to the	9904
residual parental rights of the child's parents.	9905

(19) "Habitual truant" means any child of compulsory school	9906
age who is absent without legitimate excuse for absence from the	9907
public school the child is supposed to attend for five or more	9908
consecutive school days, seven or more school days in one school	9909
month, or twelve or more school days in a school year.	9910

(20) "Juvenile traffic offender" has the same meaning as in	9911
section 2152.02 of the Revised Code.	9912

(21) "Legal custody" means a legal status that vests in the	9913
custodian the right to have physical care and control of the child	9914
and to determine where and with whom the child shall live, and the	9915
right and duty to protect, train, and discipline the child and to	9916
provide the child with food, shelter, education, and medical care,	9917
all subject to any residual parental rights, privileges, and	9918
responsibilities. An individual granted legal custody shall	9919
exercise the rights and responsibilities personally unless	9920
otherwise authorized by any section of the Revised Code or by the	9921
court.	9922

(22) A "legitimate excuse for absence from the public school	9923
the child is supposed to attend" includes, but is not limited to,	9924
any of the following:	9925

(a) The fact that the child in question has enrolled in and	9926
is attending another public or nonpublic school in this or another	9927
state;	9928

(b) The fact that the child in question is excused from	9929
attendance at school for any of the reasons specified in section	9930
3321.04 of the Revised Code;	9931

(c) The fact that the child in question has received an age	9932
and schooling certificate in accordance with section 3331.01 of	9933
the Revised Code.	9934

(23) "Mental illness" and "mentally ill person subject to	9935
hospitalization by court order" have the same meanings as in	9936
section 5122.01 of the Revised Code.	9937

(24) "Mental injury" means any behavioral, cognitive,	9938
emotional, or mental disorder in a child caused by an act or	9939
omission that is described in section 2919.22 of the Revised Code	9940
and is committed by the parent or other person responsible for the	9941
child's care.	9942

(25) "Mentally retarded person" has the same meaning as in	9943
section 5123.01 of the Revised Code.	9944

(26) "Nonsecure care, supervision, or training" means care,	9945
supervision, or training of a child in a facility that does not	9946
confine or prevent movement of the child within the facility or	9947
from the facility.	9948

(27) "Of compulsory school age" has the same meaning as in	9949
section 3321.01 of the Revised Code.	9950

(28) "Organization" means any institution, public,	9951
semipublic, or private, and any private association, society, or	9952
agency located or operating in the state, incorporated or	9953
unincorporated, having among its functions the furnishing of	9954
protective services or care for children, or the placement of	9955
children in certified foster homes or elsewhere.	9956

(29) "Out-of-home care" means detention facilities, shelter	9957
facilities, certified children's crisis care facilities, certified	9958
foster homes, placement in a prospective adoptive home prior to	9959
the issuance of a final decree of adoption, organizations,	9960
certified organizations, child day-care centers, type A family	9961
day-care homes, type B family day-care homes, child care provided	9962
by ~~type B family day-care home providers and by~~ in-home aides,	9963
group home providers, group homes, institutions, state	9964
institutions, residential facilities, residential care facilities,	9965
residential camps, day camps, public schools, chartered nonpublic	9966
schools, educational service centers, hospitals, and medical	9967
clinics that are responsible for the care, physical custody, or	9968
control of children.	9969

(30) "Out-of-home care child abuse" means any of the	9970
following when committed by a person responsible for the care of a	9971
child in out-of-home care:	9972

(a) Engaging in sexual activity with a child in the person's	9973
care;	9974

(b) Denial to a child, as a means of punishment, of proper or	9975
necessary subsistence, education, medical care, or other care	9976
necessary for a child's health;	9977

(c) Use of restraint procedures on a child that cause injury	9978
or pain;	9979

(d) Administration of prescription drugs or psychotropic	9980
medication to the child without the written approval and ongoing	9981
supervision of a licensed physician;	9982

(e) Commission of any act, other than by accidental means,	9983
that results in any injury to or death of the child in out-of-home	9984
care or commission of any act by accidental means that results in	9985
an injury to or death of a child in out-of-home care and that is	9986
at variance with the history given of the injury or death.	9987

(31) "Out-of-home care child neglect" means any of the	9988
following when committed by a person responsible for the care of a	9989
child in out-of-home care:	9990

(a) Failure to provide reasonable supervision according to	9991
the standards of care appropriate to the age, mental and physical	9992
condition, or other special needs of the child;	9993

(b) Failure to provide reasonable supervision according to	9994
the standards of care appropriate to the age, mental and physical	9995
condition, or other special needs of the child, that results in	9996
sexual or physical abuse of the child by any person;	9997

9998

(i) Administration of prescription drugs or psychotropic	9999
drugs for the child;	10000

(ii) Assuring that the instructions of the licensed physician	10001
who prescribed a drug for the child are followed;	10002

(iii) Reporting to the licensed physician who prescribed the	10003
drug all unfavorable or dangerous side effects from the use of the	10004
drug.	10005

(d) Failure to provide proper or necessary subsistence,	10006
education, medical care, or other individualized care necessary	10007
for the health or well-being of the child;	10008

(e) Confinement of the child to a locked room without	10009
monitoring by staff;	10010

(f) Failure to provide ongoing security for all prescription	10011
and nonprescription medication;	10012

(g) Isolation of a child for a period of time when there is	10013
substantial risk that the isolation, if continued, will impair or	10014
retard the mental health or physical well-being of the child.	10015

(32) "Permanent custody" means a legal status that vests in a	10016
public children services agency or a private child placing agency,	10017
all parental rights, duties, and obligations, including the right	10018
to consent to adoption, and divests the natural parents or	10019
adoptive parents of all parental rights, privileges, and	10020
obligations, including all residual rights and obligations.	10021

(33) "Permanent surrender" means the act of the parents or,	10022
if a child has only one parent, of the parent of a child, by a	10023
voluntary agreement authorized by section 5103.15 of the Revised	10024
Code, to transfer the permanent custody of the child to a public	10025
children services agency or a private child placing agency.	10026

(34) "Person" means an individual, association, corporation,	10027
or partnership and the state or any of its political subdivisions,	10028
departments, or agencies.	10029

(35) "Person responsible for a child's care in out-of-home	10030
care" means any of the following:	10031

(a) Any foster caregiver, in-home aide, or provider;

10032

(b) Any administrator, employee, or agent of any of the	10033
following: a public or private detention facility; shelter	10034
facility; certified children's crisis care facility; organization;	10035
certified organization; child day-care center; type A family	10036
day-care home; ~~certified~~licensed type B family day-care home;	10037
group home; institution; state institution; residential facility;	10038
residential care facility; residential camp; day camp; school	10039
district; community school; chartered nonpublic school;	10040
educational service center; hospital; or medical clinic;	10041

(c) Any person who supervises or coaches children as part of	10042
an extracurricular activity sponsored by a school district, public	10043
school, or chartered nonpublic school;	10044

(d) Any other person who performs a similar function with	10045
respect to, or has a similar relationship to, children.	10046

(36) "Physically impaired" means having one or more of the	10047
following conditions that substantially limit one or more of an	10048
individual's major life activities, including self-care, receptive	10049
and expressive language, learning, mobility, and self-direction:	10050

(a) A substantial impairment of vision, speech, or hearing;

10051

(b) A congenital orthopedic impairment;

10052

(c) An orthopedic impairment caused by disease, rheumatic	10053
fever or any other similar chronic or acute health problem, or	10054
amputation or another similar cause.	10055

(37) "Placement for adoption" means the arrangement by a	10056
public children services agency or a private child placing agency	10057
with a person for the care and adoption by that person of a child	10058
of whom the agency has permanent custody.	10059

(38) "Placement in foster care" means the arrangement by a	10060
public children services agency or a private child placing agency	10061
for the out-of-home care of a child of whom the agency has	10062
temporary custody or permanent custody.	10063

(39) "Planned permanent living arrangement" means an order of	10064
a juvenile court pursuant to which both of the following apply:	10065

(a) The court gives legal custody of a child to a public	10066
children services agency or a private child placing agency without	10067
the termination of parental rights.	10068

(b) The order permits the agency to make an appropriate	10069
placement of the child and to enter into a written agreement with	10070
a foster care provider or with another person or agency with whom	10071
the child is placed.	10072

(40) "Practice of social work" and "practice of professional	10073
counseling" have the same meanings as in section 4757.01 of the	10074
Revised Code.	10075

(41) "Sanction, service, or condition" means a sanction,	10076
service, or condition created by court order following an	10077
adjudication that a child is an unruly child that is described in	10078
division (A)(4) of section 2152.19 of the Revised Code.	10079

(42) "Protective supervision" means an order of disposition	10080
pursuant to which the court permits an abused, neglected,	10081
dependent, or unruly child to remain in the custody of the child's	10082
parents, guardian, or custodian and stay in the child's home,	10083
subject to any conditions and limitations upon the child, the	10084
child's parents, guardian, or custodian, or any other person that	10085
the court prescribes, including supervision as directed by the	10086
court for the protection of the child.	10087

(43) "Psychiatrist" has the same meaning as in section	10088
5122.01 of the Revised Code.	10089

(44) "Psychologist" has the same meaning as in section	10090
4732.01 of the Revised Code.	10091

(45) "Residential camp" means a program in which the care,	10092
physical custody, or control of children is accepted overnight for	10093
recreational or recreational and educational purposes.	10094

(46) "Residential care facility" means an institution,	10095
residence, or facility that is licensed by the department of	10096
mental health under section 5119.22 of the Revised Code and that	10097
provides care for a child.	10098

(47) "Residential facility" means a home or facility that is	10099
licensed by the department of developmental disabilities under	10100
section 5123.19 of the Revised Code and in which a child with a	10101
developmental disability resides.	10102

(48) "Residual parental rights, privileges, and	10103
responsibilities" means those rights, privileges, and	10104
responsibilities remaining with the natural parent after the	10105
transfer of legal custody of the child, including, but not	10106
necessarily limited to, the privilege of reasonable visitation,	10107
consent to adoption, the privilege to determine the child's	10108
religious affiliation, and the responsibility for support.	10109

(49) "School day" means the school day established by the	10110
state board of education pursuant to section 3313.48 of the	10111
Revised Code.	10112

(50) "School month" and "school year" have the same meanings	10113
as in section 3313.62 of the Revised Code.	10114

(51) "Secure correctional facility" means a facility under	10115
the direction of the department of youth services that is designed	10116
to physically restrict the movement and activities of children and	10117
used for the placement of children after adjudication and	10118
disposition.	10119

(52) "Sexual activity" has the same meaning as in section	10120
2907.01 of the Revised Code.	10121

(53) "Shelter" means the temporary care of children in	10122
physically unrestricted facilities pending court adjudication or	10123
disposition.	10124

(54) "Shelter for victims of domestic violence" has the same	10125
meaning as in section 3113.33 of the Revised Code.	10126

(55) "Temporary custody" means legal custody of a child who	10127
is removed from the child's home, which custody may be terminated	10128
at any time at the discretion of the court or, if the legal	10129
custody is granted in an agreement for temporary custody, by the	10130
person who executed the agreement.	10131

(56) "Traditional response" means a public children services	10132
agency's response to a report of child abuse or neglect that	10133
encourages engagement of the family in a comprehensive evaluation	10134
of the child's current and future safety needs and a fact-finding	10135
process to determine whether child abuse or neglect occurred and	10136
the circumstances surrounding the alleged harm or risk of harm.	10137

(C) For the purposes of this chapter, a child shall be	10138
presumed abandoned when the parents of the child have failed to	10139
visit or maintain contact with the child for more than ninety	10140
days, regardless of whether the parents resume contact with the	10141
child after that period of ninety days.	10142

Sec. 2919.227. (A)(1) No child care center licensee shall	10143
accept a child into that center without first providing to the	10144
parent, guardian, custodian, or other person responsible for the	10145
care of that child the following information, if the parent,	10146
guardian, custodian, or other person responsible for the care of	10147
the child requests the information:	10148

(a) The types of injuries to children, as reported in	10149
accordance with rules adopted under section ~~5104.011~~5104.015 of	10150
the Revised Code, that occurred at the center on or after April 1,	10151
2003, or the date that is two years before the date the	10152
information is requested, whichever date is more recent;	10153

(b) The number of each type of injury to children that	10154
occurred at the center during that period.	10155

(2) If a death described in division (A)(2)(a) or (A)(2)(b)	10156
of this section occurred during the fifteen-year period	10157
immediately preceding the date that the parent, guardian,	10158
custodian, or other person responsible for the care of a child	10159
seeks to enroll that child, no child care center licensee shall	10160
accept that child into that center without first providing to the	10161
parent, guardian, custodian, or other person responsible for the	10162
care of that child a notice that states that the death occurred.	10163

(a) A child died while under the care of the center or while	10164
receiving child care from the owner, provider, or administrator of	10165
the center;	10166

(b) A child died as a result of injuries suffered while under	10167
the care of the center or while receiving child care from the	10168
owner, provider, or administrator of the center.	10169

(3) Each child care center licensee shall keep on file at the	10170
center a copy of the information provided under this division for	10171
at least three years after providing the information.	10172

(B)(1) No child care center licensee shall fail to provide	10173
notice in accordance with division (B)(3) of this section to the	10174
persons and entities specified in division (B)(2) of this section	10175
if a child who is under the care of the center or is receiving	10176
child care from the owner, provider, or administrator of the	10177
center dies while under the care of the center or while receiving	10178
child care from the owner, provider, or administrator or dies as a	10179
result of injuries suffered while under the care of the center or	10180
while receiving child care from the owner, provider, or	10181
administrator.	10182

(2) A child care center licensee shall provide the notice	10183
required under division (B)(1) of this section to all of the	10184
following:	10185

(a) The parent, guardian, custodian, or other person	10186
responsible for the care of each child who, at the time of the	10187
death for which notice is required, is receiving or is enrolled to	10188
receive child care from the center;	10189

(b) The public children services agency of the county in	10190
which the center is located or the child care was given;	10191

(c) A municipal or county peace officer in the county in	10192
which the child resides or in which the center is located or the	10193
child care was given;	10194

(d) The child fatality review board appointed under section	10195
307.621 of the Revised Code that serves the county in which the	10196
center is located or the child care was given.	10197

(3) A child care center licensee shall provide the notice	10198
required by division (B)(1) of this section not later than	10199
forty-eight hours after the child dies. The notice shall state	10200
that the death occurred.	10201

(C) Whoever violates division (A) or (B) of this section is	10202
guilty of failure of a child care center to disclose the death or	10203
serious injury of a child, a misdemeanor of the fourth degree.	10204

Sec. 2923.124. As used in sections 2923.124 to 2923.1213 of	10205
the Revised Code:	10206

(A) "Application form" means the application form prescribed	10207
pursuant to division (A)(1) of section 109.731 of the Revised Code	10208
and includes a copy of that form.	10209

(B) "Competency certification" and "competency certificate"	10210
mean a document of the type described in division (B)(3) of	10211
section 2923.125 of the Revised Code.	10212

(C) "Detention facility" has the same meaning as in section	10213
2921.01 of the Revised Code.	10214

(D) "Licensee" means a person to whom a license to carry a	10215
concealed handgun has been issued under section 2923.125 of the	10216
Revised Code and, except when the context clearly indicates	10217
otherwise, includes a person to whom a temporary emergency license	10218
to carry a concealed handgun has been issued under section	10219
2923.1213 of the Revised Code.	10220

(E) "License fee" or "license renewal fee" means the fee for	10221
a license to carry a concealed handgun or the fee to renew that	10222
license that is prescribed pursuant to division (C) of section	10223
109.731 of the Revised Code and that is to be paid by an applicant	10224
for a license of that type.	10225

(F) "Peace officer" has the same meaning as in section	10226
2935.01 of the Revised Code.	10227

(G) "State correctional institution" has the same meaning as	10228
in section 2967.01 of the Revised Code.	10229

(H) "Valid license" means a license or temporary emergency	10230
license to carry a concealed handgun that has been issued under	10231
section 2923.125 or 2923.1213 of the Revised Code, that is	10232
currently valid, that is not under a suspension under division	10233
(A)(1) of section 2923.128 or under section 2923.1213 of the	10234
Revised Code, and that has not been revoked under division (B)(1)	10235
of section 2923.128 or under section 2923.1213 of the Revised	10236
Code.	10237

(I) "Civil protection order" means a protection order issued,	10238
or consent agreement approved, under section 2903.214 or 3113.31	10239
of the Revised Code.	10240

(J) "Temporary protection order" means a protection order	10241
issued under section 2903.213 or 2919.26 of the Revised Code.	10242

(K) "Protection order issued by a court of another state" has	10243
the same meaning as in section 2919.27 of the Revised Code.	10244

(L) "Child day-care center," "type A family day-care home"	10245
and "type B family day-care home" have the same meanings as in	10246
section 5104.01 of the Revised Code.	10247

(M) ~~"Type C family day-care home" means a family day-care~~	10248
~~home authorized to provide child care by Sub. H.B. 62 of the 121st~~	10249
~~general assembly, as amended by Am. Sub. S.B. 160 of the 121st~~	10250
~~general assembly and Sub. H.B. 407 of the 123rd general assembly.~~	10251

~~(N)~~ "Foreign air transportation," "interstate air	10252
transportation," and "intrastate air transportation" have the same	10253
meanings as in 49 U.S.C. 40102, as now or hereafter amended.	10254

~~(O)~~(N) "Commercial motor vehicle" has the same meaning as in	10255
division (A) of section 4506.25 of the Revised Code.	10256

~~(P)~~(O) "Motor carrier enforcement unit" has the same meaning	10257
as in section 2923.16 of the Revised Code.	10258

Sec. 2923.126. (A) A license to carry a concealed handgun	10259
that is issued under section 2923.125 of the Revised Code on or	10260
after March 14, 2007, shall expire five years after the date of	10261
issuance, and a license that is so issued prior to March 14, 2007,	10262
shall expire four years after the date of issuance. A licensee who	10263
has been issued a license under that section shall be granted a	10264
grace period of thirty days after the licensee's license expires	10265
during which the licensee's license remains valid. Except as	10266
provided in divisions (B) and (C) of this section, a licensee who	10267
has been issued a license under section 2923.125 or 2923.1213 of	10268
the Revised Code may carry a concealed handgun anywhere in this	10269
state if the licensee also carries a valid license and valid	10270
identification when the licensee is in actual possession of a	10271
concealed handgun. The licensee shall give notice of any change in	10272
the licensee's residence address to the sheriff who issued the	10273
license within forty-five days after that change.	10274

If a licensee is the driver or an occupant of a motor vehicle	10275
that is stopped as the result of a traffic stop or a stop for	10276
another law enforcement purpose and if the licensee is	10277
transporting or has a loaded handgun in the motor vehicle at that	10278
time, the licensee shall promptly inform any law enforcement	10279
officer who approaches the vehicle while stopped that the licensee	10280
has been issued a license or temporary emergency license to carry	10281
a concealed handgun and that the licensee currently possesses or	10282
has a loaded handgun; the licensee shall not knowingly disregard	10283
or fail to comply with lawful orders of a law enforcement officer	10284
given while the motor vehicle is stopped, knowingly fail to remain	10285
in the motor vehicle while stopped, or knowingly fail to keep the	10286
licensee's hands in plain sight after any law enforcement officer	10287
begins approaching the licensee while stopped and before the	10288
officer leaves, unless directed otherwise by a law enforcement	10289
officer; and the licensee shall not knowingly remove, attempt to	10290
remove, grasp, or hold the loaded handgun or knowingly have	10291
contact with the loaded handgun by touching it with the licensee's	10292
hands or fingers, in any manner in violation of division (E) of	10293
section 2923.16 of the Revised Code, after any law enforcement	10294
officer begins approaching the licensee while stopped and before	10295
the officer leaves. Additionally, if a licensee is the driver or	10296
an occupant of a commercial motor vehicle that is stopped by an	10297
employee of the motor carrier enforcement unit for the purposes	10298
defined in section 5503.04 of the Revised Code and if the licensee	10299
is transporting or has a loaded handgun in the commercial motor	10300
vehicle at that time, the licensee shall promptly inform the	10301
employee of the unit who approaches the vehicle while stopped that	10302
the licensee has been issued a license or temporary emergency	10303
license to carry a concealed handgun and that the licensee	10304
currently possesses or has a loaded handgun.	10305

If a licensee is stopped for a law enforcement purpose and if	10306
the licensee is carrying a concealed handgun at the time the	10307
officer approaches, the licensee shall promptly inform any law	10308
enforcement officer who approaches the licensee while stopped that	10309
the licensee has been issued a license or temporary emergency	10310
license to carry a concealed handgun and that the licensee	10311
currently is carrying a concealed handgun; the licensee shall not	10312
knowingly disregard or fail to comply with lawful orders of a law	10313
enforcement officer given while the licensee is stopped or	10314
knowingly fail to keep the licensee's hands in plain sight after	10315
any law enforcement officer begins approaching the licensee while	10316
stopped and before the officer leaves, unless directed otherwise	10317
by a law enforcement officer; and the licensee shall not knowingly	10318
remove, attempt to remove, grasp, or hold the loaded handgun or	10319
knowingly have contact with the loaded handgun by touching it with	10320
the licensee's hands or fingers, in any manner in violation of	10321
division (B) of section 2923.12 of the Revised Code, after any law	10322
enforcement officer begins approaching the licensee while stopped	10323
and before the officer leaves.	10324

(B) A valid license issued under section 2923.125 or	10325
2923.1213 of the Revised Code does not authorize the licensee to	10326
carry a concealed handgun in any manner prohibited under division	10327
(B) of section 2923.12 of the Revised Code or in any manner	10328
prohibited under section 2923.16 of the Revised Code. A valid	10329
license does not authorize the licensee to carry a concealed	10330
handgun into any of the following places:	10331

(1) A police station, sheriff's office, or state highway	10332
patrol station, premises controlled by the bureau of criminal	10333
identification and investigation, a state correctional	10334
institution, jail, workhouse, or other detention facility, an	10335
airport passenger terminal, or an institution that is maintained,	10336
operated, managed, and governed pursuant to division (A) of	10337
section 5119.02 of the Revised Code or division (A)(1) of section	10338
5123.03 of the Revised Code;	10339

(2) A school safety zone if the licensee's carrying the	10340
concealed handgun is in violation of section 2923.122 of the	10341
Revised Code;	10342

(3) A courthouse or another building or structure in which a	10343
courtroom is located, in violation of section 2923.123 of the	10344
Revised Code;	10345

(4) Any premises or open air arena for which a D permit has	10346
been issued under Chapter 4303. of the Revised Code if the	10347
licensee's carrying the concealed handgun is in violation of	10348
section 2923.121 of the Revised Code;	10349

(5) Any premises owned or leased by any public or private	10350
college, university, or other institution of higher education,	10351
unless the handgun is in a locked motor vehicle or the licensee is	10352
in the immediate process of placing the handgun in a locked motor	10353
vehicle;	10354

(6) Any church, synagogue, mosque, or other place of worship,	10355
unless the church, synagogue, mosque, or other place of worship	10356
posts or permits otherwise;	10357

(7) A child day-care center, a type A family day-care home,	10358
or a type B family day-care home~~, or a type C family day-care~~	10359
~~home~~, except that this division does not prohibit a licensee who	10360
resides in a type A family day-care home,or a type B family	10361
day-care home~~, or a type C family day-care home~~ from carrying a	10362
concealed handgun at any time in any part of the home that is not	10363
dedicated or used for day-care purposes, or from carrying a	10364
concealed handgun in a part of the home that is dedicated or used	10365
for day-care purposes at any time during which no children, other	10366
than children of that licensee, are in the home;	10367

(8) An aircraft that is in, or intended for operation in,	10368
foreign air transportation, interstate air transportation,	10369
intrastate air transportation, or the transportation of mail by	10370
aircraft;	10371

(9) Any building that is a government facility of this state	10372
or a political subdivision of this state and that is not a	10373
building that is used primarily as a shelter, restroom, parking	10374
facility for motor vehicles, or rest facility and is not a	10375
courthouse or other building or structure in which a courtroom is	10376
located that is subject to division (B)(3) of this section;	10377

(10) A place in which federal law prohibits the carrying of	10378
handguns.	10379

(C)(1) Nothing in this section shall negate or restrict a	10380
rule, policy, or practice of a private employer that is not a	10381
private college, university, or other institution of higher	10382
education concerning or prohibiting the presence of firearms on	10383
the private employer's premises or property, including motor	10384
vehicles owned by the private employer. Nothing in this section	10385
shall require a private employer of that nature to adopt a rule,	10386
policy, or practice concerning or prohibiting the presence of	10387
firearms on the private employer's premises or property, including	10388
motor vehicles owned by the private employer.	10389

(2)(a) A private employer shall be immune from liability in a	10390
civil action for any injury, death, or loss to person or property	10391
that allegedly was caused by or related to a licensee bringing a	10392
handgun onto the premises or property of the private employer,	10393
including motor vehicles owned by the private employer, unless the	10394
private employer acted with malicious purpose. A private employer	10395
is immune from liability in a civil action for any injury, death,	10396
or loss to person or property that allegedly was caused by or	10397
related to the private employer's decision to permit a licensee to	10398
bring, or prohibit a licensee from bringing, a handgun onto the	10399
premises or property of the private employer. As used in this	10400
division, "private employer" includes a private college,	10401
university, or other institution of higher education.	10402

(b) A political subdivision shall be immune from liability in	10403
a civil action, to the extent and in the manner provided in	10404
Chapter 2744. of the Revised Code, for any injury, death, or loss	10405
to person or property that allegedly was caused by or related to a	10406
licensee bringing a handgun onto any premises or property owned,	10407
leased, or otherwise under the control of the political	10408
subdivision. As used in this division, "political subdivision" has	10409
the same meaning as in section 2744.01 of the Revised Code.	10410

(3)(a) Except as provided in division (C)(3)(b) of this	10411
section, the owner or person in control of private land or	10412
premises, and a private person or entity leasing land or premises	10413
owned by the state, the United States, or a political subdivision	10414
of the state or the United States, may post a sign in a	10415
conspicuous location on that land or on those premises prohibiting	10416
persons from carrying firearms or concealed firearms on or onto	10417
that land or those premises. Except as otherwise provided in this	10418
division, a person who knowingly violates a posted prohibition of	10419
that nature is guilty of criminal trespass in violation of	10420
division (A)(4) of section 2911.21 of the Revised Code and is	10421
guilty of a misdemeanor of the fourth degree. If a person	10422
knowingly violates a posted prohibition of that nature and the	10423
posted land or premises primarily was a parking lot or other	10424
parking facility, the person is not guilty of criminal trespass in	10425
violation of division (A)(4) of section 2911.21 of the Revised	10426
Code and instead is subject only to a civil cause of action for	10427
trespass based on the violation.	10428

(b) A landlord may not prohibit or restrict a tenant who is a	10429
licensee and who on or after ~~the effective date of this amendment~~	10430
September 9, 2008, enters into a rental agreement with the	10431
landlord for the use of residential premises, and the tenant's	10432
guest while the tenant is present, from lawfully carrying or	10433
possessing a handgun on those residential premises.	10434

10435

(i) "Residential premises" has the same meaning as in section	10436
5321.01 of the Revised Code, except "residential premises" does	10437
not include a dwelling unit that is owned or operated by a college	10438
or university.	10439

(ii) "Landlord," "tenant," and "rental agreement" have the	10440
same meanings as in section 5321.01 of the Revised Code.	10441

(D) A person who holds a license to carry a concealed handgun	10442
that was issued pursuant to the law of another state that is	10443
recognized by the attorney general pursuant to a reciprocity	10444
agreement entered into pursuant to section 109.69 of the Revised	10445
Code has the same right to carry a concealed handgun in this state	10446
as a person who was issued a license to carry a concealed handgun	10447
under section 2923.125 of the Revised Code and is subject to the	10448
same restrictions that apply to a person who carries a license	10449
issued under that section.	10450

(E) A peace officer has the same right to carry a concealed	10451
handgun in this state as a person who was issued a license to	10452
carry a concealed handgun under section 2923.125 of the Revised	10453
Code. For purposes of reciprocity with other states, a peace	10454
officer shall be considered to be a licensee in this state.	10455

(F)(1) A qualified retired peace officer who possesses a	10456
retired peace officer identification card issued pursuant to	10457
division (F)(2) of this section and a valid firearms	10458
requalification certification issued pursuant to division (F)(3)	10459
of this section has the same right to carry a concealed handgun in	10460
this state as a person who was issued a license to carry a	10461
concealed handgun under section 2923.125 of the Revised Code and	10462
is subject to the same restrictions that apply to a person who	10463
carries a license issued under that section. For purposes of	10464
reciprocity with other states, a qualified retired peace officer	10465
who possesses a retired peace officer identification card issued	10466
pursuant to division (F)(2) of this section and a valid firearms	10467
requalification certification issued pursuant to division (F)(3)	10468
of this section shall be considered to be a licensee in this	10469
state.	10470

(2)(a) Each public agency of this state or of a political	10471
subdivision of this state that is served by one or more peace	10472
officers shall issue a retired peace officer identification card	10473
to any person who retired from service as a peace officer with	10474
that agency, if the issuance is in accordance with the agency's	10475
policies and procedures and if the person, with respect to the	10476
person's service with that agency, satisfies all of the following:	10477

(i) The person retired in good standing from service as a	10478
peace officer with the public agency, and the retirement was not	10479
for reasons of mental instability.	10480

(ii) Before retiring from service as a peace officer with	10481
that agency, the person was authorized to engage in or supervise	10482
the prevention, detection, investigation, or prosecution of, or	10483
the incarceration of any person for, any violation of law and the	10484
person had statutory powers of arrest.	10485

(iii) At the time of the person's retirement as a peace	10486
officer with that agency, the person was trained and qualified to	10487
carry firearms in the performance of the peace officer's duties.	10488

(iv) Before retiring from service as a peace officer with	10489
that agency, the person was regularly employed as a peace officer	10490
for an aggregate of fifteen years or more, or, in the alternative,	10491
the person retired from service as a peace officer with that	10492
agency, after completing any applicable probationary period of	10493
that service, due to a service-connected disability, as determined	10494
by the agency.	10495

(b) A retired peace officer identification card issued to a	10496
person under division (F)(2)(a) of this section shall identify the	10497
person by name, contain a photograph of the person, identify the	10498
public agency of this state or of the political subdivision of	10499
this state from which the person retired as a peace officer and	10500
that is issuing the identification card, and specify that the	10501
person retired in good standing from service as a peace officer	10502
with the issuing public agency and satisfies the criteria set	10503
forth in divisions (F)(2)(a)(i) to (iv) of this section. In	10504
addition to the required content specified in this division, a	10505
retired peace officer identification card issued to a person under	10506
division (F)(2)(a) of this section may include the firearms	10507
requalification certification described in division (F)(3) of this	10508
section, and if the identification card includes that	10509
certification, the identification card shall serve as the firearms	10510
requalification certification for the retired peace officer. If	10511
the issuing public agency issues credentials to active law	10512
enforcement officers who serve the agency, the agency may comply	10513
with division (F)(2)(a) of this section by issuing the same	10514
credentials to persons who retired from service as a peace officer	10515
with the agency and who satisfy the criteria set forth in	10516
divisions (F)(2)(a)(i) to (iv) of this section, provided that the	10517
credentials so issued to retired peace officers are stamped with	10518
the word "RETIRED."	10519

(c) A public agency of this state or of a political	10520
subdivision of this state may charge persons who retired from	10521
service as a peace officer with the agency a reasonable fee for	10522
issuing to the person a retired peace officer identification card	10523
pursuant to division (F)(2)(a) of this section.	10524

(3) If a person retired from service as a peace officer with	10525
a public agency of this state or of a political subdivision of	10526
this state and the person satisfies the criteria set forth in	10527
divisions (F)(2)(a)(i) to (iv) of this section, the public agency	10528
may provide the retired peace officer with the opportunity to	10529
attend a firearms requalification program that is approved for	10530
purposes of firearms requalification required under section	10531
109.801 of the Revised Code. The retired peace officer may be	10532
required to pay the cost of the course.	10533

If a retired peace officer who satisfies the criteria set	10534
forth in divisions (F)(2)(a)(i) to (iv) of this section attends a	10535
firearms requalification program that is approved for purposes of	10536
firearms requalification required under section 109.801 of the	10537
Revised Code, the retired peace officer's successful completion of	10538
the firearms requalification program requalifies the retired peace	10539
officer for purposes of division (F) of this section for five	10540
years from the date on which the program was successfully	10541
completed, and the requalification is valid during that five-year	10542
period. If a retired peace officer who satisfies the criteria set	10543
forth in divisions (F)(2)(a)(i) to (iv) of this section	10544
satisfactorily completes such a firearms requalification program,	10545
the retired peace officer shall be issued a firearms	10546
requalification certification that identifies the retired peace	10547
officer by name, identifies the entity that taught the program,	10548
specifies that the retired peace officer successfully completed	10549
the program, specifies the date on which the course was	10550
successfully completed, and specifies that the requalification is	10551
valid for five years from that date of successful completion. The	10552
firearms requalification certification for a retired peace officer	10553
may be included in the retired peace officer identification card	10554
issued to the retired peace officer under division (F)(2) of this	10555
section.	10556

A retired peace officer who attends a firearms	10557
requalification program that is approved for purposes of firearms	10558
requalification required under section 109.801 of the Revised Code	10559
may be required to pay the cost of the program.	10560

(G) As used in this section:

10561

(1) "Qualified retired peace officer" means a person who	10562
satisfies all of the following:	10563

(a) The person satisfies the criteria set forth in divisions	10564
(F)(2)(a)(i) to (v) of this section.	10565

(b) The person is not under the influence of alcohol or	10566
another intoxicating or hallucinatory drug or substance.	10567

(c) The person is not prohibited by federal law from	10568
receiving firearms.	10569

(2) "Retired peace officer identification card" means an	10570
identification card that is issued pursuant to division (F)(2) of	10571
this section to a person who is a retired peace officer.	10572

(3) "Government facility of this state or a political	10573
subdivision of this state" means any of the following:	10574

(a) A building or part of a building that is owned or leased	10575
by the government of this state or a political subdivision of this	10576
state and where employees of the government of this state or the	10577
political subdivision regularly are present for the purpose of	10578
performing their official duties as employees of the state or	10579
political subdivision;	10580

(b) The office of a deputy registrar serving pursuant to	10581
Chapter 4503. of the Revised Code that is used to perform deputy	10582
registrar functions.	10583

Sec. 2923.1212. (A) The following persons, boards, and	10584
entities, or designees, shall post in the following locations a	10585
sign that contains a statement in substantially the following	10586
form: "Unless otherwise authorized by law, pursuant to the Ohio	10587
Revised Code, no person shall knowingly possess, have under the	10588
person's control, convey, or attempt to convey a deadly weapon or	10589
dangerous ordnance onto these premises.":	10590

(1) The director of public safety or the person or board	10591
charged with the erection, maintenance, or repair of police	10592
stations, municipal jails, and the municipal courthouse and	10593
courtrooms in a conspicuous location at all police stations,	10594
municipal jails, and municipal courthouses and courtrooms;	10595

(2) The sheriff or sheriff's designee who has charge of the	10596
sheriff's office in a conspicuous location in that office;	10597

(3) The superintendent of the state highway patrol or the	10598
superintendent's designee in a conspicuous location at all state	10599
highway patrol stations;	10600

(4) Each sheriff, chief of police, or person in charge of	10601
every county, multicounty, municipal, municipal-county, or	10602
multicounty-municipal jail or workhouse, community-based	10603
correctional facility, halfway house, alternative residential	10604
facility, or other local or state correctional institution or	10605
detention facility within the state, or that person's designee, in	10606
a conspicuous location at that facility under that person's	10607
charge;	10608

(5) The board of trustees of a regional airport authority,	10609
chief administrative officer of an airport facility, or other	10610
person in charge of an airport facility in a conspicuous location	10611
at each airport facility under that person's control;	10612

(6) The officer or officer's designee who has charge of a	10613
courthouse or the building or structure in which a courtroom is	10614
located in a conspicuous location in that building or structure;	10615

(7) The superintendent of the bureau of criminal	10616
identification and investigation or the superintendent's designee	10617
in a conspicuous location in all premises controlled by that	10618
bureau;	10619

(8) The owner, administrator, or operator of a child day-care	10620
center, a type A family day-care home, or a type B family day-care	10621
home~~, or a type C family day-care home~~;	10622

(9) The officer of this state or of a political subdivision	10623
of this state, or the officer's designee, who has charge of a	10624
building that is a government facility of this state or the	10625
political subdivision of this state, as defined in section	10626
2923.126 of the Revised Code, and that is not a building that is	10627
used primarily as a shelter, restroom, parking facility for motor	10628
vehicles, or rest facility and is not a courthouse or other	10629
building or structure in which a courtroom is located that is	10630
subject to division (B)(3) of that section.	10631

(B) The following boards, bodies, and persons, or designees,	10632
shall post in the following locations a sign that contains a	10633
statement in substantially the following form: "Unless otherwise	10634
authorized by law, pursuant to Ohio Revised Code section 2923.122,	10635
no person shall knowingly possess, have under the person's	10636
control, convey, or attempt to convey a deadly weapon or dangerous	10637
ordnance into a school safety zone.":	10638

(1) A board of education of a city, local, exempted village,	10639
or joint vocational school district or that board's designee in a	10640
conspicuous location in each building and on each parcel of real	10641
property owned or controlled by the board;	10642

(2) A governing body of a school for which the state board of	10643
education prescribes minimum standards under section 3301.07 of	10644
the Revised Code or that body's designee in a conspicuous location	10645
in each building and on each parcel of real property owned or	10646
controlled by the school;	10647

(3) The principal or chief administrative officer of a	10648
nonpublic school in a conspicuous location on property owned or	10649
controlled by that nonpublic school.	10650

Sec. 2950.11. (A) Regardless of when the sexually oriented	10651
offense or child-victim oriented offense was committed, if a	10652
person is convicted of, pleads guilty to, has been convicted of,	10653
or has pleaded guilty to a sexually oriented offense or a	10654
child-victim oriented offense or a person is or has been	10655
adjudicated a delinquent child for committing a sexually oriented	10656
offense or a child-victim oriented offense and is classified a	10657
juvenile offender registrant or is an out-of-state juvenile	10658
offender registrant based on that adjudication, and if the	10659
offender or delinquent child is in any category specified in	10660
division (F)(1)(a), (b), or (c) of this section, the sheriff with	10661
whom the offender or delinquent child has most recently registered	10662
under section 2950.04, 2950.041, or 2950.05 of the Revised Code	10663
and the sheriff to whom the offender or delinquent child most	10664
recently sent a notice of intent to reside under section 2950.04	10665
or 2950.041 of the Revised Code, within the period of time	10666
specified in division (C) of this section, shall provide a written	10667
notice containing the information set forth in division (B) of	10668
this section to all of the persons described in divisions (A)(1)	10669
to (10) of this section. If the sheriff has sent a notice to the	10670
persons described in those divisions as a result of receiving a	10671
notice of intent to reside and if the offender or delinquent child	10672
registers a residence address that is the same residence address	10673
described in the notice of intent to reside, the sheriff is not	10674
required to send an additional notice when the offender or	10675
delinquent child registers. The sheriff shall provide the notice	10676
to all of the following persons:	10677

(1)(a) Any occupant of each residential unit that is located	10678
within one thousand feet of the offender's or delinquent child's	10679
residential premises, that is located within the county served by	10680
the sheriff, and that is not located in a multi-unit building.	10681
Division (D)(3) of this section applies regarding notices required	10682
under this division.	10683

(b) If the offender or delinquent child resides in a	10684
multi-unit building, any occupant of each residential unit that is	10685
located in that multi-unit building and that shares a common	10686
hallway with the offender or delinquent child. For purposes of	10687
this division, an occupant's unit shares a common hallway with the	10688
offender or delinquent child if the entrance door into the	10689
occupant's unit is located on the same floor and opens into the	10690
same hallway as the entrance door to the unit the offender or	10691
delinquent child occupies. Division (D)(3) of this section applies	10692
regarding notices required under this division.	10693

(c) The building manager, or the person the building owner or	10694
condominium unit owners association authorizes to exercise	10695
management and control, of each multi-unit building that is	10696
located within one thousand feet of the offender's or delinquent	10697
child's residential premises, including a multi-unit building in	10698
which the offender or delinquent child resides, and that is	10699
located within the county served by the sheriff. In addition to	10700
notifying the building manager or the person authorized to	10701
exercise management and control in the multi-unit building under	10702
this division, the sheriff shall post a copy of the notice	10703
prominently in each common entryway in the building and any other	10704
location in the building the sheriff determines appropriate. The	10705
manager or person exercising management and control of the	10706
building shall permit the sheriff to post copies of the notice	10707
under this division as the sheriff determines appropriate. In lieu	10708
of posting copies of the notice as described in this division, a	10709
sheriff may provide notice to all occupants of the multi-unit	10710
building by mail or personal contact; if the sheriff so notifies	10711
all the occupants, the sheriff is not required to post copies of	10712
the notice in the common entryways to the building. Division	10713
(D)(3) of this section applies regarding notices required under	10714
this division.	10715

(d) All additional persons who are within any category of	10716
neighbors of the offender or delinquent child that the attorney	10717
general by rule adopted under section 2950.13 of the Revised Code	10718
requires to be provided the notice and who reside within the	10719
county served by the sheriff;	10720

(2) The executive director of the public children services	10721
agency that has jurisdiction within the specified geographical	10722
notification area and that is located within the county served by	10723
the sheriff;	10724

(3)(a) The superintendent of each board of education of a	10725
school district that has schools within the specified geographical	10726
notification area and that is located within the county served by	10727
the sheriff;	10728

(b) The principal of the school within the specified	10729
geographical notification area and within the county served by the	10730
sheriff that the delinquent child attends;	10731

(c) If the delinquent child attends a school outside of the	10732
specified geographical notification area or outside of the school	10733
district where the delinquent child resides, the superintendent of	10734
the board of education of a school district that governs the	10735
school that the delinquent child attends and the principal of the	10736
school that the delinquent child attends.	10737

(4)(a) The appointing or hiring officer of each chartered	10738
nonpublic school located within the specified geographical	10739
notification area and within the county served by the sheriff or	10740
of each other school located within the specified geographical	10741
notification area and within the county served by the sheriff and	10742
that is not operated by a board of education described in division	10743
(A)(3) of this section;	10744

(b) Regardless of the location of the school, the appointing	10745
or hiring officer of a chartered nonpublic school that the	10746
delinquent child attends.	10747

(5) The director, head teacher, elementary principal, or site	10748
administrator of each preschool program governed by Chapter 3301.	10749
of the Revised Code that is located within the specified	10750
geographical notification area and within the county served by the	10751
sheriff;	10752

(6) The administrator of each child day-care center or type A	10753
family day-care home that is located within the specified	10754
geographical notification area and within the county served by the	10755
sheriff, ~~and the provider of~~ each ~~certified~~holder of a license to	10756
operate a type B family day-care home that is located within the	10757
specified geographical notification area and within the county	10758
served by the sheriff. As used in this division, "child day-care	10759
center," "type A family day-care home," and "~~certified~~ type B	10760
family day-care home" have the same meanings as in section 5104.01	10761
of the Revised Code.	10762

(7) The president or other chief administrative officer of	10763
each institution of higher education, as defined in section	10764
2907.03 of the Revised Code, that is located within the specified	10765
geographical notification area and within the county served by the	10766
sheriff, and the chief law enforcement officer of the state	10767
university law enforcement agency or campus police department	10768
established under section 3345.04 or 1713.50 of the Revised Code,	10769
if any, that serves that institution;	10770

(8) The sheriff of each county that includes any portion of	10771
the specified geographical notification area;	10772

(9) If the offender or delinquent child resides within the	10773
county served by the sheriff, the chief of police, marshal, or	10774
other chief law enforcement officer of the municipal corporation	10775
in which the offender or delinquent child resides or, if the	10776
offender or delinquent child resides in an unincorporated area,	10777
the constable or chief of the police department or police district	10778
police force of the township in which the offender or delinquent	10779
child resides;	10780

(10) Volunteer organizations in which contact with minors or	10781
other vulnerable individuals might occur or any organization,	10782
company, or individual who requests notification as provided in	10783
division (J) of this section.	10784

(B) The notice required under division (A) of this section	10785
shall include all of the following information regarding the	10786
subject offender or delinquent child:	10787

(1) The offender's or delinquent child's name;

10788

(2) The address or addresses of the offender's or public	10789
registry-qualified juvenile offender registrant's residence,	10790
school, institution of higher education, or place of employment,	10791
as applicable, or the residence address or addresses of a	10792
delinquent child who is not a public registry-qualified juvenile	10793
offender registrant;	10794

(3) The sexually oriented offense or child-victim oriented	10795
offense of which the offender was convicted, to which the offender	10796
pleaded guilty, or for which the child was adjudicated a	10797
delinquent child;	10798

(4) A statement that identifies the category specified in	10799
division (F)(1)(a), (b), or (c) of this section that includes the	10800
offender or delinquent child and that subjects the offender or	10801
delinquent child to this section;	10802

(5) The offender's or delinquent child's photograph.

10803

(C) If a sheriff with whom an offender or delinquent child	10804
registers under section 2950.04, 2950.041, or 2950.05 of the	10805
Revised Code or to whom the offender or delinquent child most	10806
recently sent a notice of intent to reside under section 2950.04	10807
or 2950.041 of the Revised Code is required by division (A) of	10808
this section to provide notices regarding an offender or	10809
delinquent child and if, pursuant to that requirement, the sheriff	10810
provides a notice to a sheriff of one or more other counties in	10811
accordance with division (A)(8) of this section, the sheriff of	10812
each of the other counties who is provided notice under division	10813
(A)(8) of this section shall provide the notices described in	10814
divisions (A)(1) to (7) and (A)(9) and (10) of this section to	10815
each person or entity identified within those divisions that is	10816
located within the specified geographical notification area and	10817
within the county served by the sheriff in question.	10818

(D)(1) A sheriff required by division (A) or (C) of this	10819
section to provide notices regarding an offender or delinquent	10820
child shall provide the notice to the neighbors that are described	10821
in division (A)(1) of this section and the notices to law	10822
enforcement personnel that are described in divisions (A)(8) and	10823
(9) of this section as soon as practicable, but no later than five	10824
days after the offender sends the notice of intent to reside to	10825
the sheriff and again no later than five days after the offender	10826
or delinquent child registers with the sheriff or, if the sheriff	10827
is required by division (C) of this section to provide the	10828
notices, no later than five days after the sheriff is provided the	10829
notice described in division (A)(8) of this section.	10830

A sheriff required by division (A) or (C) of this section to	10831
provide notices regarding an offender or delinquent child shall	10832
provide the notices to all other specified persons that are	10833
described in divisions (A)(2) to (7) and (A)(10) of this section	10834
as soon as practicable, but not later than seven days after the	10835
offender or delinquent child registers with the sheriff or, if the	10836
sheriff is required by division (C) of this section to provide the	10837
notices, no later than five days after the sheriff is provided the	10838
notice described in division (A)(8) of this section.	10839

(2) If an offender or delinquent child in relation to whom	10840
division (A) of this section applies verifies the offender's or	10841
delinquent child's current residence, school, institution of	10842
higher education, or place of employment address, as applicable,	10843
with a sheriff pursuant to section 2950.06 of the Revised Code,	10844
the sheriff may provide a written notice containing the	10845
information set forth in division (B) of this section to the	10846
persons identified in divisions (A)(1) to (10) of this section. If	10847
a sheriff provides a notice pursuant to this division to the	10848
sheriff of one or more other counties in accordance with division	10849
(A)(8) of this section, the sheriff of each of the other counties	10850
who is provided the notice under division (A)(8) of this section	10851
may provide, but is not required to provide, a written notice	10852
containing the information set forth in division (B) of this	10853
section to the persons identified in divisions (A)(1) to (7) and	10854
(A)(9) and (10) of this section.	10855

(3) A sheriff may provide notice under division (A)(1)(a) or	10856
(b) of this section, and may provide notice under division	10857
(A)(1)(c) of this section to a building manager or person	10858
authorized to exercise management and control of a building, by	10859
mail, by personal contact, or by leaving the notice at or under	10860
the entry door to a residential unit. For purposes of divisions	10861
(A)(1)(a) and (b) of this section, and the portion of division	10862
(A)(1)(c) of this section relating to the provision of notice to	10863
occupants of a multi-unit building by mail or personal contact,	10864
the provision of one written notice per unit is deemed as	10865
providing notice to all occupants of that unit.	10866

(E) All information that a sheriff possesses regarding an	10867
offender or delinquent child who is in a category specified in	10868
division (F)(1)(a), (b), or (c) of this section that is described	10869
in division (B) of this section and that must be provided in a	10870
notice required under division (A) or (C) of this section or that	10871
may be provided in a notice authorized under division (D)(2) of	10872
this section is a public record that is open to inspection under	10873
section 149.43 of the Revised Code.	10874

The sheriff shall not cause to be publicly disseminated by	10875
means of the internet any of the information described in this	10876
division that is provided by a delinquent child unless that child	10877
is in a category specified in division (F)(1)(a), (b), or (c) of	10878
this section.	10879

(F)(1) Except as provided in division (F)(2) of this section,	10880
the duties to provide the notices described in divisions (A) and	10881
(C) of this section apply regarding any offender or delinquent	10882
child who is in any of the following categories:	10883

(a) The offender is a tier III sex offender/child-victim	10884
offender, or the delinquent child is a public registry-qualified	10885
juvenile offender registrant, and a juvenile court has not removed	10886
pursuant to section 2950.15 of the Revised Code the delinquent	10887
child's duty to comply with sections 2950.04, 2950.041, 2950.05,	10888
and 2950.06 of the Revised Code.	10889

(b) The delinquent child is a tier III sex	10890
offender/child-victim offender who is not a ~~public-registry~~	10891
~~qualified~~public registry-qualified juvenile offender registrant,	10892
the delinquent child was subjected to this section prior to ~~the~~	10893
~~effective date of this amendment~~January 1, 2008, as a sexual	10894
predator, habitual sex offender, child-victim predator, or	10895
habitual child-victim offender, as those terms were defined in	10896
section 2950.01 of the Revised Code as it existed prior to ~~the~~	10897
~~effective date of this amendment~~January 1, 2008, and a juvenile	10898
court has not removed pursuant to section 2152.84 or 2152.85 of	10899
the Revised Code the delinquent child's duty to comply with	10900
sections 2950.04, 2950.041, 2950.05, and 2950.06 of the Revised	10901
Code.	10902

(c) The delinquent child is a tier III sex	10903
offender/child-victim offender who is not a public	10904
registry-qualified juvenile offender registrant, the delinquent	10905
child was classified a juvenile offender registrant on or after	10906
~~the effective date of this amendment~~January 1, 2008, the court	10907
has imposed a requirement under section 2152.82, 2152.83, or	10908
2152.84 of the Revised Code subjecting the delinquent child to	10909
this section, and a juvenile court has not removed pursuant to	10910
section 2152.84 or 2152.85 of the Revised Code the delinquent	10911
child's duty to comply with sections 2950.04, 2950.041, 2950.05,	10912
and 2950.06 of the Revised Code.	10913

(2) The notification provisions of this section do not apply	10914
to a person described in division (F)(1)(a), (b), or (c) of this	10915
section if a court finds at a hearing after considering the	10916
factors described in this division that the person would not be	10917
subject to the notification provisions of this section that were	10918
in the version of this section that existed immediately prior to	10919
~~the effective date of this amendment~~January 1, 2008. In making	10920
the determination of whether a person would have been subject to	10921
the notification provisions under prior law as described in this	10922
division, the court shall consider the following factors:	10923

(a) The offender's or delinquent child's age;

10924

(b) The offender's or delinquent child's prior criminal or	10925
delinquency record regarding all offenses, including, but not	10926
limited to, all sexual offenses;	10927

(c) The age of the victim of the sexually oriented offense	10928
for which sentence is to be imposed or the order of disposition is	10929
to be made;	10930

(d) Whether the sexually oriented offense for which sentence	10931
is to be imposed or the order of disposition is to be made	10932
involved multiple victims;	10933

(e) Whether the offender or delinquent child used drugs or	10934
alcohol to impair the victim of the sexually oriented offense or	10935
to prevent the victim from resisting;	10936

(f) If the offender or delinquent child previously has been	10937
convicted of or pleaded guilty to, or been adjudicated a	10938
delinquent child for committing an act that if committed by an	10939
adult would be, a criminal offense, whether the offender or	10940
delinquent child completed any sentence or dispositional order	10941
imposed for the prior offense or act and, if the prior offense or	10942
act was a sex offense or a sexually oriented offense, whether the	10943
offender or delinquent child participated in available programs	10944
for sexual offenders;	10945

(g) Any mental illness or mental disability of the offender	10946
or delinquent child;	10947

(h) The nature of the offender's or delinquent child's sexual	10948
conduct, sexual contact, or interaction in a sexual context with	10949
the victim of the sexually oriented offense and whether the sexual	10950
conduct, sexual contact, or interaction in a sexual context was	10951
part of a demonstrated pattern of abuse;	10952

(i) Whether the offender or delinquent child, during the	10953
commission of the sexually oriented offense for which sentence is	10954
to be imposed or the order of disposition is to be made, displayed	10955
cruelty or made one or more threats of cruelty;	10956

(j) Whether the offender or delinquent child would have been	10957
a habitual sex offender or a habitual child victim offender under	10958
the definitions of those terms set forth in section 2950.01 of the	10959
Revised Code as that section existed prior to ~~the effective date~~	10960
~~of this amendment~~January 1, 2008;	10961

(k) Any additional behavioral characteristics that contribute	10962
to the offender's or delinquent child's conduct.	10963

(G)(1) The department of job and family services shall	10964
compile, maintain, and update in January and July of each year, a	10965
list of all agencies, centers, or homes of a type described in	10966
division (A)(2) or (6) of this section that contains the name of	10967
each agency, center, or home of that type, the county in which it	10968
is located, its address and telephone number, and the name of an	10969
administrative officer or employee of the agency, center, or home.	10970

(2) The department of education shall compile, maintain, and	10971
update in January and July of each year, a list of all boards of	10972
education, schools, or programs of a type described in division	10973
(A)(3), (4), or (5) of this section that contains the name of each	10974
board of education, school, or program of that type, the county in	10975
which it is located, its address and telephone number, the name of	10976
the superintendent of the board or of an administrative officer or	10977
employee of the school or program, and, in relation to a board of	10978
education, the county or counties in which each of its schools is	10979
located and the address of each such school.	10980

(3) The Ohio board of regents shall compile, maintain, and	10981
update in January and July of each year, a list of all	10982
institutions of a type described in division (A)(7) of this	10983
section that contains the name of each such institution, the	10984
county in which it is located, its address and telephone number,	10985
and the name of its president or other chief administrative	10986
officer.	10987

(4) A sheriff required by division (A) or (C) of this	10988
section, or authorized by division (D)(2) of this section, to	10989
provide notices regarding an offender or delinquent child, or a	10990
designee of a sheriff of that type, may request the department of	10991
job and family services, department of education, or Ohio board of	10992
regents, by telephone, in person, or by mail, to provide the	10993
sheriff or designee with the names, addresses, and telephone	10994
numbers of the appropriate persons and entities to whom the	10995
notices described in divisions (A)(2) to (7) of this section are	10996
to be provided. Upon receipt of a request, the department or board	10997
shall provide the requesting sheriff or designee with the names,	10998
addresses, and telephone numbers of the appropriate persons and	10999
entities to whom those notices are to be provided.	11000

(H)(1) Upon the motion of the offender or the prosecuting	11001
attorney of the county in which the offender was convicted of or	11002
pleaded guilty to the sexually oriented offense or child-victim	11003
oriented offense for which the offender is subject to community	11004
notification under this section, or upon the motion of the	11005
sentencing judge or that judge's successor in office, the judge	11006
may schedule a hearing to determine whether the interests of	11007
justice would be served by suspending the community notification	11008
requirement under this section in relation to the offender. The	11009
judge may dismiss the motion without a hearing but may not issue	11010
an order suspending the community notification requirement without	11011
a hearing. At the hearing, all parties are entitled to be heard,	11012
and the judge shall consider all of the factors set forth in	11013
division (K) of this section. If, at the conclusion of the	11014
hearing, the judge finds that the offender has proven by clear and	11015
convincing evidence that the offender is unlikely to commit in the	11016
future a sexually oriented offense or a child-victim oriented	11017
offense and if the judge finds that suspending the community	11018
notification requirement is in the interests of justice, the judge	11019
may suspend the application of this section in relation to the	11020
offender. The order shall contain both of these findings.	11021

The judge promptly shall serve a copy of the order upon the	11022
sheriff with whom the offender most recently registered under	11023
section 2950.04, 2950.041, or 2950.05 of the Revised Code and upon	11024
the bureau of criminal identification and investigation.	11025

An order suspending the community notification requirement	11026
does not suspend or otherwise alter an offender's duties to comply	11027
with sections 2950.04, 2950.041, 2950.05, and 2950.06 of the	11028
Revised Code and does not suspend the victim notification	11029
requirement under section 2950.10 of the Revised Code.	11030

(2) A prosecuting attorney, a sentencing judge or that	11031
judge's successor in office, and an offender who is subject to the	11032
community notification requirement under this section may	11033
initially make a motion under division (H)(1) of this section upon	11034
the expiration of twenty years after the offender's duty to comply	11035
with division (A)(2), (3), or (4) of section 2950.04, division	11036
(A)(2), (3), or (4) of section 2950.041 and sections 2950.05 and	11037
2950.06 of the Revised Code begins in relation to the offense for	11038
which the offender is subject to community notification. After the	11039
initial making of a motion under division (H)(1) of this section,	11040
thereafter, the prosecutor, judge, and offender may make a	11041
subsequent motion under that division upon the expiration of five	11042
years after the judge has entered an order denying the initial	11043
motion or the most recent motion made under that division.	11044

(3) The offender and the prosecuting attorney have the right	11045
to appeal an order approving or denying a motion made under	11046
division (H)(1) of this section.	11047

(4) Divisions (H)(1) to (3) of this section do not apply to	11048
any of the following types of offender:	11049

(a) A person who is convicted of or pleads guilty to a	11050
violent sex offense or designated homicide, assault, or kidnapping	11051
offense and who, in relation to that offense, is adjudicated a	11052
sexually violent predator;	11053

(b) A person who is convicted of or pleads guilty to a	11054
sexually oriented offense that is a violation of division	11055
(A)(1)(b) of section 2907.02 of the Revised Code committed on or	11056
after January 2, 2007, and either who is sentenced under section	11057
2971.03 of the Revised Code or upon whom a sentence of life	11058
without parole is imposed under division (B) of section 2907.02 of	11059
the Revised Code;	11060

(c) A person who is convicted of or pleads guilty to a	11061
sexually oriented offense that is attempted rape committed on or	11062
after January 2, 2007, and who also is convicted of or pleads	11063
guilty to a specification of the type described in section	11064
2941.1418, 2941.1419, or 2941.1420 of the Revised Code;	11065

(d) A person who is convicted of or pleads guilty to an	11066
offense described in division (B)(3)(a), (b), (c), or (d) of	11067
section 2971.03 of the Revised Code and who is sentenced for that	11068
offense pursuant to that division;	11069

(e) An offender who is in a category specified in division	11070
(F)(1)(a), (b), or (c) of this section and who, subsequent to	11071
being subjected to community notification, has pleaded guilty to	11072
or been convicted of a sexually oriented offense or child-victim	11073
oriented offense.	11074

(I) If a person is convicted of, pleads guilty to, has been	11075
convicted of, or has pleaded guilty to a sexually oriented offense	11076
or a child-victim oriented offense or a person is or has been	11077
adjudicated a delinquent child for committing a sexually oriented	11078
offense or a child-victim oriented offense and is classified a	11079
juvenile offender registrant or is an out-of-state juvenile	11080
offender registrant based on that adjudication, and if the	11081
offender or delinquent child is not in any category specified in	11082
division (F)(1)(a), (b), or (c) of this section, the sheriff with	11083
whom the offender or delinquent child has most recently registered	11084
under section 2950.04, 2950.041, or 2950.05 of the Revised Code	11085
and the sheriff to whom the offender or delinquent child most	11086
recently sent a notice of intent to reside under section 2950.04	11087
or 2950.041 of the Revised Code, within the period of time	11088
specified in division (D) of this section, shall provide a written	11089
notice containing the information set forth in division (B) of	11090
this section to the executive director of the public children	11091
services agency that has jurisdiction within the specified	11092
geographical notification area and that is located within the	11093
county served by the sheriff.	11094

(J) Each sheriff shall allow a volunteer organization or	11095
other organization, company, or individual who wishes to receive	11096
the notice described in division (A)(10) of this section regarding	11097
a specific offender or delinquent child or notice regarding all	11098
offenders and delinquent children who are located in the specified	11099
geographical notification area to notify the sheriff by electronic	11100
mail or through the sheriff's web site of this election. The	11101
sheriff shall promptly inform the bureau of criminal	11102
identification and investigation of these requests in accordance	11103
with the forwarding procedures adopted by the attorney general	11104
pursuant to section 2950.13 of the Revised Code.	11105

(K) In making a determination under division (H)(1) of this	11106
section as to whether to suspend the community notification	11107
requirement under this section for an offender, the judge shall	11108
consider all relevant factors, including, but not limited to, all	11109
of the following:	11110

(1) The offender's age;

11111

(2) The offender's prior criminal or delinquency record	11112
regarding all offenses, including, but not limited to, all	11113
sexually oriented offenses or child-victim oriented offenses;	11114

(3) The age of the victim of the sexually oriented offense or	11115
child-victim oriented offense the offender committed;	11116

(4) Whether the sexually oriented offense or child-victim	11117
oriented offense the offender committed involved multiple victims;	11118

(5) Whether the offender used drugs or alcohol to impair the	11119
victim of the sexually oriented offense or child-victim oriented	11120
offense the offender committed or to prevent the victim from	11121
resisting;	11122

(6) If the offender previously has been convicted of, pleaded	11123
guilty to, or been adjudicated a delinquent child for committing	11124
an act that if committed by an adult would be a criminal offense,	11125
whether the offender completed any sentence or dispositional order	11126
imposed for the prior offense or act and, if the prior offense or	11127
act was a sexually oriented offense or a child-victim oriented	11128
offense, whether the offender or delinquent child participated in	11129
available programs for sex offenders or child-victim offenders;	11130

(7) Any mental illness or mental disability of the offender;

11131

(8) The nature of the offender's sexual conduct, sexual	11132
contact, or interaction in a sexual context with the victim of the	11133
sexually oriented offense the offender committed or the nature of	11134
the offender's interaction in a sexual context with the victim of	11135
the child-victim oriented offense the offender committed,	11136
whichever is applicable, and whether the sexual conduct, sexual	11137
contact, or interaction in a sexual context was part of a	11138
demonstrated pattern of abuse;	11139

(9) Whether the offender, during the commission of the	11140
sexually oriented offense or child-victim oriented offense the	11141
offender committed, displayed cruelty or made one or more threats	11142
of cruelty;	11143

(10) Any additional behavioral characteristics that	11144
contribute to the offender's conduct.	11145

(L) As used in this section, "specified geographical	11146
notification area" means the geographic area or areas within which	11147
the attorney general, by rule adopted under section 2950.13 of the	11148
Revised Code, requires the notice described in division (B) of	11149
this section to be given to the persons identified in divisions	11150
(A)(2) to (8) of this section.	11151

Sec. 2950.13. (A) The attorney general shall do all of the	11152
following:	11153

(1) No later than July 1, 1997, establish and maintain a	11154
state registry of sex offenders and child-victim offenders that is	11155
housed at the bureau of criminal identification and investigation	11156
and that contains all of the registration, change of residence,	11157
school, institution of higher education, or place of employment	11158
address, and verification information the bureau receives pursuant	11159
to sections 2950.04, 2950.041, 2950.05, and 2950.06 of the Revised	11160
Code regarding each person who is convicted of, pleads guilty to,	11161
has been convicted of, or has pleaded guilty to a sexually	11162
oriented offense or a child-victim oriented offense and each	11163
person who is or has been adjudicated a delinquent child for	11164
committing a sexually oriented offense or a child-victim oriented	11165
offense and is classified a juvenile offender registrant or is an	11166
out-of-state juvenile offender registrant based on that	11167
adjudication, all of the information the bureau receives pursuant	11168
to section 2950.14 of the Revised Code, and any notice of an order	11169
terminating or modifying an offender's or delinquent child's duty	11170
to comply with sections 2950.04, 2950.041, 2950.05, and 2950.06 of	11171
the Revised Code the bureau receives pursuant to section 2152.84,	11172
2152.85, or 2950.15 of the Revised Code. For a person who was	11173
convicted of or pleaded guilty to the sexually oriented offense or	11174
child-victim related offense, the registry also shall indicate	11175
whether the person was convicted of or pleaded guilty to the	11176
offense in a criminal prosecution or in a serious youthful	11177
offender case. The registry shall not be open to inspection by the	11178
public or by any person other than a person identified in division	11179
(A) of section 2950.08 of the Revised Code. In addition to the	11180
information and material previously identified in this division,	11181
the registry shall include all of the following regarding each	11182
person who is listed in the registry:	11183

(a) A citation for, and the name of, all sexually oriented	11184
offenses or child-victim oriented offenses of which the person was	11185
convicted, to which the person pleaded guilty, or for which the	11186
person was adjudicated a delinquent child and that resulted in a	11187
registration duty, and the date on which those offenses were	11188
committed;	11189

(b) The text of the sexually oriented offenses or	11190
child-victim oriented offenses identified in division (A)(1)(a) of	11191
this section as those offenses existed at the time the person was	11192
convicted of, pleaded guilty to, or was adjudicated a delinquent	11193
child for committing those offenses, or a link to a database that	11194
sets forth the text of those offenses;	11195

(c) A statement as to whether the person is a tier I sex	11196
offender/child-victim offender, a tier II sex	11197
offender/child-victim offender, or a tier III sex	11198
offender/child-victim offender for the sexually oriented offenses	11199
or child-victim oriented offenses identified in division (A)(1)(a)	11200
of this section;	11201

(d) The community supervision status of the person,	11202
including, but not limited to, whether the person is serving a	11203
community control sanction and the nature of any such sanction,	11204
whether the person is under supervised release and the nature of	11205
the release, or regarding a juvenile, whether the juvenile is	11206
under any type of release authorized under Chapter 2152. or 5139.	11207
of the Revised Code and the nature of any such release;	11208

(e) The offense and delinquency history of the person, as	11209
determined from information gathered or provided under sections	11210
109.57 and 2950.14 of the Revised Code;	11211

(f) The bureau of criminal identification and investigation	11212
tracking number assigned to the person if one has been so	11213
assigned, the federal bureau of investigation number assigned to	11214
the person if one has been assigned and the bureau of criminal	11215
identification and investigation is aware of the number, and any	11216
other state identification number assigned to the person of which	11217
the bureau is aware;	11218

(g) Fingerprints and palmprints of the person;

11219

(h) A DNA specimen, as defined in section 109.573 of the	11220
Revised Code, from the person;	11221

(i) Whether the person has any outstanding arrest warrants;

11222

(j) Whether the person is in compliance with the person's	11223
duties under this chapter.	11224

(2) In consultation with local law enforcement	11225
representatives and no later than July 1, 1997, adopt rules that	11226
contain guidelines necessary for the implementation of this	11227
chapter;	11228

(3) In consultation with local law enforcement	11229
representatives, adopt rules for the implementation and	11230
administration of the provisions contained in section 2950.11 of	11231
the Revised Code that pertain to the notification of neighbors of	11232
an offender or a delinquent child who has committed a sexually	11233
oriented offense or a child-victim oriented offense and ~~and~~ is in	11234
a category specified in division (F)(1) of that section and rules	11235
that prescribe a manner in which victims of a sexually oriented	11236
offense or a child-victim oriented offense committed by an	11237
offender or a delinquent child who is in a category specified in	11238
division (B)(1) of section 2950.10 of the Revised Code may make a	11239
request that specifies that the victim would like to be provided	11240
the notices described in divisions (A)(1) and (2) of section	11241
2950.10 of the Revised Code;	11242

(4) In consultation with local law enforcement	11243
representatives and through the bureau of criminal identification	11244
and investigation, prescribe the forms to be used by judges and	11245
officials pursuant to section 2950.03 or 2950.032 of the Revised	11246
Code to advise offenders and delinquent children of their duties	11247
of filing a notice of intent to reside, registration, notification	11248
of a change of residence, school, institution of higher education,	11249
or place of employment address and registration of the new,	11250
school, institution of higher education, or place of employment	11251
address, as applicable, and address verification under sections	11252
2950.04, 2950.041, 2950.05, and 2950.06 of the Revised Code, and	11253
prescribe the forms to be used by sheriffs relative to those	11254
duties of filing a notice of intent to reside, registration,	11255
change of residence, school, institution of higher education, or	11256
place of employment address notification, and address	11257
verification;	11258

(5) Make copies of the forms prescribed under division (A)(4)	11259
of this section available to judges, officials, and sheriffs;	11260

(6) Through the bureau of criminal identification and	11261
investigation, provide the notifications, the information and	11262
materials, and the documents that the bureau is required to	11263
provide to appropriate law enforcement officials and to the	11264
federal bureau of investigation pursuant to sections 2950.04,	11265
2950.041, 2950.05, and 2950.06 of the Revised Code;	11266

(7) Through the bureau of criminal identification and	11267
investigation, maintain the verification forms returned under the	11268
address verification mechanism set forth in section 2950.06 of the	11269
Revised Code;	11270

(8) In consultation with representatives of the officials,	11271
judges, and sheriffs, adopt procedures for officials, judges, and	11272
sheriffs to use to forward information, photographs, and	11273
fingerprints to the bureau of criminal identification and	11274
investigation pursuant to the requirements of sections 2950.03,	11275
2950.04, 2950.041, 2950.05, 2950.06, and 2950.11 of the Revised	11276
Code;	11277

(9) In consultation with the director of education, the	11278
director of job and family services, and the director of	11279
rehabilitation and correction, adopt rules that contain guidelines	11280
to be followed by boards of education of a school district,	11281
chartered nonpublic schools or other schools not operated by a	11282
board of education, preschool programs, child day-care centers,	11283
type A family day-care homes, ~~certified~~licensed type B family	11284
day-care homes, and institutions of higher education regarding the	11285
proper use and administration of information received pursuant to	11286
section 2950.11 of the Revised Code relative to an offender or	11287
delinquent child who has committed a sexually oriented offense or	11288
a child-victim oriented offense and is in a category specified in	11289
division (F)(1) of that section;	11290

(10) In consultation with local law enforcement	11291
representatives and no later than July 1, 1997, adopt rules that	11292
designate a geographic area or areas within which the notice	11293
described in division (B) of section 2950.11 of the Revised Code	11294
must be given to the persons identified in divisions (A)(2) to (8)	11295
and (A)(10) of that section;	11296

(11) Through the bureau of criminal identification and	11297
investigation, not later than January 1, 2004, establish and	11298
operate on the internet a sex offender and child-victim offender	11299
database that contains information for every offender who has	11300
committed a sexually oriented offense or a child-victim oriented	11301
offense and registers in any county in this state pursuant to	11302
section 2950.04 or 2950.041 of the Revised Code and for every	11303
delinquent child who has committed a sexually oriented offense, is	11304
a public registry-qualified juvenile offender registrant, and	11305
registers in any county in this state pursuant to either such	11306
section. The bureau shall not include on the database the identity	11307
of any offender's or public registry-qualified juvenile offender	11308
registrant's victim, any offender's or public registry-qualified	11309
juvenile offender registrant's social security number, the name of	11310
any school or institution of higher education attended by any	11311
offender or public registry-qualified juvenile offender	11312
registrant, the name of the place of employment of any offender or	11313
public registry-qualified juvenile offender registrant, any	11314
tracking or identification number described in division (A)(1)(f)	11315
of this section, or any information described in division (C)(7)	11316
of section 2950.04 or 2950.041 of the Revised Code. The bureau	11317
shall provide on the database, for each offender and each public	11318
registry-qualified juvenile offender registrant, at least the	11319
information specified in divisions (A)(11)(a) to (h) of this	11320
section. Otherwise, the bureau shall determine the information to	11321
be provided on the database for each offender and public	11322
registry-qualified juvenile offender registrant and shall obtain	11323
that information from the information contained in the state	11324
registry of sex offenders and child-victim offenders described in	11325
division (A)(1) of this section, which information, while in the	11326
possession of the sheriff who provided it, is a public record open	11327
for inspection as described in section 2950.081 of the Revised	11328
Code. The database is a public record open for inspection under	11329
section 149.43 of the Revised Code, and it shall be searchable by	11330
offender or public registry-qualified juvenile offender registrant	11331
name, by county, by zip code, and by school district. The database	11332
shall provide a link to the web site of each sheriff who has	11333
established and operates on the internet a sex offender and	11334
child-victim offender database that contains information for	11335
offenders and public registry-qualified juvenile offender	11336
registrants who register in that county pursuant to section	11337
2950.04 or 2950.041 of the Revised Code, with the link being a	11338
direct link to the sex offender and child-victim offender database	11339
for the sheriff. The bureau shall provide on the database, for	11340
each offender and public registry-qualified juvenile offender	11341
registrant, at least the following information:	11342

(a) The information described in divisions (A)(1)(a), (b),	11343
(c), and (d) of this section relative to the offender or public	11344
registry-qualified juvenile offender registrant;	11345

(b) The address of the offender's or public	11346
registry-qualified juvenile offender registrant's school,	11347
institution of higher education, or place of employment provided	11348
in a registration form;	11349

(c) The information described in division (C)(6) of section	11350
2950.04 or 2950.041 of the Revised Code;	11351

(d) A chart describing which sexually oriented offenses and	11352
child-victim oriented offenses are included in the definitions of	11353
tier I sex offender/child-victim offender, tier II sex	11354
offender/child-victim offender, and tier III sex	11355
offender/child-victim offender;	11356

(e) Fingerprints and ~~palm prints~~palmprints of the offender	11357
or public registry-qualified juvenile offender registrant and a	11358
DNA specimen from the offender or public registry-qualified	11359
juvenile offender registrant;	11360

(f) The information set forth in division (B) of section	11361
2950.11 of the Revised Code;	11362

(g) Any outstanding arrest warrants for the offender or	11363
public registry-qualified juvenile offender registrant;	11364

(h) The offender's or public registry-qualified juvenile	11365
offender registrant's compliance status with duties under this	11366
chapter.	11367

(12) Develop software to be used by sheriffs in establishing	11368
on the internet a sex offender and child-victim offender database	11369
for the public dissemination of some or all of the information and	11370
materials described in division (A) of section 2950.081 of the	11371
Revised Code that are public records under that division, that are	11372
not prohibited from inclusion by division (B) of that section, and	11373
that pertain to offenders and public registry-qualified juvenile	11374
offender registrants who register in the sheriff's county pursuant	11375
to section 2950.04 or 2950.041 of the Revised Code and for the	11376
public dissemination of information the sheriff receives pursuant	11377
to section 2950.14 of the Revised Code and, upon the request of	11378
any sheriff, provide technical guidance to the requesting sheriff	11379
in establishing on the internet such a database;	11380

(13) Through the bureau of criminal identification and	11381
investigation, not later than January 1, 2004, establish and	11382
operate on the internet a database that enables local law	11383
enforcement representatives to remotely search by electronic means	11384
the state registry of sex offenders and child-victim offenders	11385
described in division (A)(1) of this section and any information	11386
and materials the bureau receives pursuant to sections 2950.04,	11387
2950.041, 2950.05, 2950.06, and 2950.14 of the Revised Code. The	11388
database shall enable local law enforcement representatives to	11389
obtain detailed information regarding each offender and delinquent	11390
child who is included in the registry, including, but not limited	11391
to the offender's or delinquent child's name, aliases, residence	11392
address, name and address of any place of employment, school,	11393
institution of higher education, if applicable, license plate	11394
number of each vehicle identified in division (C)(5) of section	11395
2950.04 or 2950.041 of the Revised Code to the extent applicable,	11396
victim preference if available, date of most recent release from	11397
confinement if applicable, fingerprints, and palmprints, all of	11398
the information and material described in ~~division~~divisions	11399
(A)(1)(a) to (h) of this section regarding the offender or	11400
delinquent child, and other identification parameters the bureau	11401
considers appropriate. The database is not a public record open	11402
for inspection under section 149.43 of the Revised Code and shall	11403
be available only to law enforcement representatives as described	11404
in this division. Information obtained by local law enforcement	11405
representatives through use of this database is not open to	11406
inspection by the public or by any person other than a person	11407
identified in division (A) of section 2950.08 of the Revised Code.	11408

(14) Through the bureau of criminal identification and	11409
investigation, maintain a list of requests for notice about a	11410
specified offender or delinquent child or specified geographical	11411
notification area made pursuant to division (J) of section 2950.11	11412
of the Revised Code and, when an offender or delinquent child	11413
changes residence to another county, forward any requests for	11414
information about that specific offender or delinquent child to	11415
the appropriate sheriff;	11416

(15) Through the bureau of criminal identification and	11417
investigation, establish and operate a system for the immediate	11418
notification by electronic means of the appropriate officials in	11419
other states specified in this division each time an offender or	11420
delinquent child registers a residence, school, institution of	11421
higher education, or place of employment address under section	11422
2950.04 or 2950.041 of the ~~revised~~Revised Code or provides a	11423
notice of a change of address or registers a new address under	11424
division (A) or (B) of section 2950.05 of the Revised Code. The	11425
immediate notification by electronic means shall be provided to	11426
the appropriate officials in each state in which the offender or	11427
delinquent child is required to register a residence, school,	11428
institution of higher education, or place of employment address.	11429
The notification shall contain the offender's or delinquent	11430
child's name and all of the information the bureau receives from	11431
the sheriff with whom the offender or delinquent child registered	11432
the address or provided the notice of change of address or	11433
registered the new address.	11434

(B) The attorney general in consultation with local law	11435
enforcement representatives, may adopt rules that establish one or	11436
more categories of neighbors of an offender or delinquent child	11437
who, in addition to the occupants of residential premises and	11438
other persons specified in division (A)(1) of section 2950.11 of	11439
the Revised Code, must be given the notice described in division	11440
(B) of that section.	11441

(C) No person, other than a local law enforcement	11442
representative, shall knowingly do any of the following:	11443

(1) Gain or attempt to gain access to the database	11444
established and operated by the attorney general, through the	11445
bureau of criminal identification and investigation, pursuant to	11446
division (A)(13) of this section.	11447

(2) Permit any person to inspect any information obtained	11448
through use of the database described in division (C)(1) of this	11449
section, other than as permitted under that division.	11450

(D) As used in this section, "local law enforcement	11451
representatives" means representatives of the sheriffs of this	11452
state, representatives of the municipal chiefs of police and	11453
marshals of this state, and representatives of the township	11454
constables and chiefs of police of the township police departments	11455
or police district police forces of this state.	11456

Sec. 3109.051. (A) If a divorce, dissolution, legal	11457
separation, or annulment proceeding involves a child and if the	11458
court has not issued a shared parenting decree, the court shall	11459
consider any mediation report filed pursuant to section 3109.052	11460
of the Revised Code and, in accordance with division (C) of this	11461
section, shall make a just and reasonable order or decree	11462
permitting each parent who is not the residential parent to have	11463
parenting time with the child at the time and under the conditions	11464
that the court directs, unless the court determines that it would	11465
not be in the best interest of the child to permit that parent to	11466
have parenting time with the child and includes in the journal its	11467
findings of fact and conclusions of law. Whenever possible, the	11468
order or decree permitting the parenting time shall ensure the	11469
opportunity for both parents to have frequent and continuing	11470
contact with the child, unless frequent and continuing contact by	11471
either parent with the child would not be in the best interest of	11472
the child. The court shall include in its final decree a specific	11473
schedule of parenting time for that parent. Except as provided in	11474
division (E)(6) of section 3113.31 of the Revised Code, if the	11475
court, pursuant to this section, grants parenting time to a parent	11476
or companionship or visitation rights to any other person with	11477
respect to any child, it shall not require the public children	11478
services agency to provide supervision of or other services	11479
related to that parent's exercise of parenting time or that	11480
person's exercise of companionship or visitation rights with	11481
respect to the child. This section does not limit the power of a	11482
juvenile court pursuant to Chapter 2151. of the Revised Code to	11483
issue orders with respect to children who are alleged to be	11484
abused, neglected, or dependent children or to make dispositions	11485
of children who are adjudicated abused, neglected, or dependent	11486
children or of a common pleas court to issue orders pursuant to	11487
section 3113.31 of the Revised Code.	11488

(B)(1) In a divorce, dissolution of marriage, legal	11489
separation, annulment, or child support proceeding that involves a	11490
child, the court may grant reasonable companionship or visitation	11491
rights to any grandparent, any person related to the child by	11492
consanguinity or affinity, or any other person other than a	11493
parent, if all of the following apply:	11494

(a) The grandparent, relative, or other person files a motion	11495
with the court seeking companionship or visitation rights.	11496

(b) The court determines that the grandparent, relative, or	11497
other person has an interest in the welfare of the child.	11498

(c) The court determines that the granting of the	11499
companionship or visitation rights is in the best interest of the	11500
child.	11501

(2) A motion may be filed under division (B)(1) of this	11502
section during the pendency of the divorce, dissolution of	11503
marriage, legal separation, annulment, or child support proceeding	11504
or, if a motion was not filed at that time or was filed at that	11505
time and the circumstances in the case have changed, at any time	11506
after a decree or final order is issued in the case.	11507

(C) When determining whether to grant parenting time rights	11508
to a parent pursuant to this section or section 3109.12 of the	11509
Revised Code or to grant companionship or visitation rights to a	11510
grandparent, relative, or other person pursuant to this section or	11511
section 3109.11 or 3109.12 of the Revised Code, when establishing	11512
a specific parenting time or visitation schedule, and when	11513
determining other parenting time matters under this section or	11514
section 3109.12 of the Revised Code or visitation matters under	11515
this section or section 3109.11 or 3109.12 of the Revised Code,	11516
the court shall consider any mediation report that is filed	11517
pursuant to section 3109.052 of the Revised Code and shall	11518
consider all other relevant factors, including, but not limited	11519
to, all of the factors listed in division (D) of this section. In	11520
considering the factors listed in division (D) of this section for	11521
purposes of determining whether to grant parenting time or	11522
visitation rights, establishing a specific parenting time or	11523
visitation schedule, determining other parenting time matters	11524
under this section or section 3109.12 of the Revised Code or	11525
visitation matters under this section or under section 3109.11 or	11526
3109.12 of the Revised Code, and resolving any issues related to	11527
the making of any determination with respect to parenting time or	11528
visitation rights or the establishment of any specific parenting	11529
time or visitation schedule, the court, in its discretion, may	11530
interview in chambers any or all involved children regarding their	11531
wishes and concerns. If the court interviews any child concerning	11532
the child's wishes and concerns regarding those parenting time or	11533
visitation matters, the interview shall be conducted in chambers,	11534
and no person other than the child, the child's attorney, the	11535
judge, any necessary court personnel, and, in the judge's	11536
discretion, the attorney of each parent shall be permitted to be	11537
present in the chambers during the interview. No person shall	11538
obtain or attempt to obtain from a child a written or recorded	11539
statement or affidavit setting forth the wishes and concerns of	11540
the child regarding those parenting time or visitation matters. A	11541
court, in considering the factors listed in division (D) of this	11542
section for purposes of determining whether to grant any parenting	11543
time or visitation rights, establishing a parenting time or	11544
visitation schedule, determining other parenting time matters	11545
under this section or section 3109.12 of the Revised Code or	11546
visitation matters under this section or under section 3109.11 or	11547
3109.12 of the Revised Code, or resolving any issues related to	11548
the making of any determination with respect to parenting time or	11549
visitation rights or the establishment of any specific parenting	11550
time or visitation schedule, shall not accept or consider a	11551
written or recorded statement or affidavit that purports to set	11552
forth the child's wishes or concerns regarding those parenting	11553
time or visitation matters.	11554

(D) In determining whether to grant parenting time to a	11555
parent pursuant to this section or section 3109.12 of the Revised	11556
Code or companionship or visitation rights to a grandparent,	11557
relative, or other person pursuant to this section or section	11558
3109.11 or 3109.12 of the Revised Code, in establishing a specific	11559
parenting time or visitation schedule, and in determining other	11560
parenting time matters under this section or section 3109.12 of	11561
the Revised Code or visitation matters under this section or	11562
section 3109.11 or 3109.12 of the Revised Code, the court shall	11563
consider all of the following factors:	11564

(1) The prior interaction and interrelationships of the child	11565
with the child's parents, siblings, and other persons related by	11566
consanguinity or affinity, and with the person who requested	11567
companionship or visitation if that person is not a parent,	11568
sibling, or relative of the child;	11569

(2) The geographical location of the residence of each parent	11570
and the distance between those residences, and if the person is	11571
not a parent, the geographical location of that person's residence	11572
and the distance between that person's residence and the child's	11573
residence;	11574

(3) The child's and parents' available time, including, but	11575
not limited to, each parent's employment schedule, the child's	11576
school schedule, and the child's and the parents' holiday and	11577
vacation schedule;	11578

(4) The age of the child;

11579

(5) The child's adjustment to home, school, and community;

11580

(6) If the court has interviewed the child in chambers,	11581
pursuant to division (C) of this section, regarding the wishes and	11582
concerns of the child as to parenting time by the parent who is	11583
not the residential parent or companionship or visitation by the	11584
grandparent, relative, or other person who requested companionship	11585
or visitation, as to a specific parenting time or visitation	11586
schedule, or as to other parenting time or visitation matters, the	11587
wishes and concerns of the child, as expressed to the court;	11588

(7) The health and safety of the child;

11589

(8) The amount of time that will be available for the child	11590
to spend with siblings;	11591

(9) The mental and physical health of all parties;

11592

(10) Each parent's willingness to reschedule missed parenting	11593
time and to facilitate the other parent's parenting time rights,	11594
and with respect to a person who requested companionship or	11595
visitation, the willingness of that person to reschedule missed	11596
visitation;	11597

(11) In relation to parenting time, whether either parent	11598
previously has been convicted of or pleaded guilty to any criminal	11599
offense involving any act that resulted in a child being an abused	11600
child or a neglected child; whether either parent, in a case in	11601
which a child has been adjudicated an abused child or a neglected	11602
child, previously has been determined to be the perpetrator of the	11603
abusive or neglectful act that is the basis of the adjudication;	11604
and whether there is reason to believe that either parent has	11605
acted in a manner resulting in a child being an abused child or a	11606
neglected child;	11607

(12) In relation to requested companionship or visitation by	11608
a person other than a parent, whether the person previously has	11609
been convicted of or pleaded guilty to any criminal offense	11610
involving any act that resulted in a child being an abused child	11611
or a neglected child; whether the person, in a case in which a	11612
child has been adjudicated an abused child or a neglected child,	11613
previously has been determined to be the perpetrator of the	11614
abusive or neglectful act that is the basis of the adjudication;	11615
whether either parent previously has been convicted of or pleaded	11616
guilty to a violation of section 2919.25 of the Revised Code	11617
involving a victim who at the time of the commission of the	11618
offense was a member of the family or household that is the	11619
subject of the current proceeding; whether either parent	11620
previously has been convicted of an offense involving a victim who	11621
at the time of the commission of the offense was a member of the	11622
family or household that is the subject of the current proceeding	11623
and caused physical harm to the victim in the commission of the	11624
offense; and whether there is reason to believe that the person	11625
has acted in a manner resulting in a child being an abused child	11626
or a neglected child;	11627

(13) Whether the residential parent or one of the parents	11628
subject to a shared parenting decree has continuously and	11629
willfully denied the other parent's right to parenting time in	11630
accordance with an order of the court;	11631

(14) Whether either parent has established a residence or is	11632
planning to establish a residence outside this state;	11633

(15) In relation to requested companionship or visitation by	11634
a person other than a parent, the wishes and concerns of the	11635
child's parents, as expressed by them to the court;	11636

(16) Any other factor in the best interest of the child.

11637

(E) The remarriage of a residential parent of a child does	11638
not affect the authority of a court under this section to grant	11639
parenting time rights with respect to the child to the parent who	11640
is not the residential parent or to grant reasonable companionship	11641
or visitation rights with respect to the child to any grandparent,	11642
any person related by consanguinity or affinity, or any other	11643
person.	11644

(F)(1) If the court, pursuant to division (A) of this	11645
section, denies parenting time to a parent who is not the	11646
residential parent or denies a motion for reasonable companionship	11647
or visitation rights filed under division (B) of this section and	11648
the parent or movant files a written request for findings of fact	11649
and conclusions of law, the court shall state in writing its	11650
findings of fact and conclusions of law in accordance with Civil	11651
Rule 52.	11652

(2) On or before July 1, 1991, each court of common pleas, by	11653
rule, shall adopt standard parenting time guidelines. A court	11654
shall have discretion to deviate from its standard parenting time	11655
guidelines based upon factors set forth in division (D) of this	11656
section.	11657

(G)(1) If the residential parent intends to move to a	11658
residence other than the residence specified in the parenting time	11659
order or decree of the court, the parent shall file a notice of	11660
intent to relocate with the court that issued the order or decree.	11661
Except as provided in divisions (G)(2), (3), and (4) of this	11662
section, the court shall send a copy of the notice to the parent	11663
who is not the residential parent. Upon receipt of the notice, the	11664
court, on its own motion or the motion of the parent who is not	11665
the residential parent, may schedule a hearing with notice to both	11666
parents to determine whether it is in the best interest of the	11667
child to revise the parenting time schedule for the child.	11668

(2) When a court grants parenting time rights to a parent who	11669
is not the residential parent, the court shall determine whether	11670
that parent has been convicted of or pleaded guilty to a violation	11671
of section 2919.25 of the Revised Code involving a victim who at	11672
the time of the commission of the offense was a member of the	11673
family or household that is the subject of the proceeding, has	11674
been convicted of or pleaded guilty to any other offense involving	11675
a victim who at the time of the commission of the offense was a	11676
member of the family or household that is the subject of the	11677
proceeding and caused physical harm to the victim in the	11678
commission of the offense, or has been determined to be the	11679
perpetrator of the abusive act that is the basis of an	11680
adjudication that a child is an abused child. If the court	11681
determines that that parent has not been so convicted and has not	11682
been determined to be the perpetrator of an abusive act that is	11683
the basis of a child abuse adjudication, the court shall issue an	11684
order stating that a copy of any notice of relocation that is	11685
filed with the court pursuant to division (G)(1) of this section	11686
will be sent to the parent who is given the parenting time rights	11687
in accordance with division (G)(1) of this section.	11688

If the court determines that the parent who is granted the	11689
parenting time rights has been convicted of or pleaded guilty to a	11690
violation of section 2919.25 of the Revised Code involving a	11691
victim who at the time of the commission of the offense was a	11692
member of the family or household that is the subject of the	11693
proceeding, has been convicted of or pleaded guilty to any other	11694
offense involving a victim who at the time of the commission of	11695
the offense was a member of the family or household that is the	11696
subject of the proceeding and caused physical harm to the victim	11697
in the commission of the offense, or has been determined to be the	11698
perpetrator of the abusive act that is the basis of an	11699
adjudication that a child is an abused child, it shall issue an	11700
order stating that that parent will not be given a copy of any	11701
notice of relocation that is filed with the court pursuant to	11702
division (G)(1) of this section unless the court determines that	11703
it is in the best interest of the children to give that parent a	11704
copy of the notice of relocation, issues an order stating that	11705
that parent will be given a copy of any notice of relocation filed	11706
pursuant to division (G)(1) of this section, and issues specific	11707
written findings of fact in support of its determination.	11708

(3) If a court, prior to April 11, 1991, issued an order	11709
granting parenting time rights to a parent who is not the	11710
residential parent and did not require the residential parent in	11711
that order to give the parent who is granted the parenting time	11712
rights notice of any change of address and if the residential	11713
parent files a notice of relocation pursuant to division (G)(1) of	11714
this section, the court shall determine if the parent who is	11715
granted the parenting time rights has been convicted of or pleaded	11716
guilty to a violation of section 2919.25 of the Revised Code	11717
involving a victim who at the time of the commission of the	11718
offense was a member of the family or household that is the	11719
subject of the proceeding, has been convicted of or pleaded guilty	11720
to any other offense involving a victim who at the time of the	11721
commission of the offense was a member of the family or household	11722
that is the subject of the proceeding and caused physical harm to	11723
the victim in the commission of the offense, or has been	11724
determined to be the perpetrator of the abusive act that is the	11725
basis of an adjudication that a child is an abused child. If the	11726
court determines that the parent who is granted the parenting time	11727
rights has not been so convicted and has not been determined to be	11728
the perpetrator of an abusive act that is the basis of a child	11729
abuse adjudication, the court shall issue an order stating that a	11730
copy of any notice of relocation that is filed with the court	11731
pursuant to division (G)(1) of this section will be sent to the	11732
parent who is granted parenting time rights in accordance with	11733
division (G)(1) of this section.	11734

If the court determines that the parent who is granted the	11735
parenting time rights has been convicted of or pleaded guilty to a	11736
violation of section 2919.25 of the Revised Code involving a	11737
victim who at the time of the commission of the offense was a	11738
member of the family or household that is the subject of the	11739
proceeding, has been convicted of or pleaded guilty to any other	11740
offense involving a victim who at the time of the commission of	11741
the offense was a member of the family or household that is the	11742
subject of the proceeding and caused physical harm to the victim	11743
in the commission of the offense, or has been determined to be the	11744
perpetrator of the abusive act that is the basis of an	11745
adjudication that a child is an abused child, it shall issue an	11746
order stating that that parent will not be given a copy of any	11747
notice of relocation that is filed with the court pursuant to	11748
division (G)(1) of this section unless the court determines that	11749
it is in the best interest of the children to give that parent a	11750
copy of the notice of relocation, issues an order stating that	11751
that parent will be given a copy of any notice of relocation filed	11752
pursuant to division (G)(1) of this section, and issues specific	11753
written findings of fact in support of its determination.	11754

(4) If a parent who is granted parenting time rights pursuant	11755
to this section or any other section of the Revised Code is	11756
authorized by an order issued pursuant to this section or any	11757
other court order to receive a copy of any notice of relocation	11758
that is filed pursuant to division (G)(1) of this section or	11759
pursuant to court order, if the residential parent intends to move	11760
to a residence other than the residence address specified in the	11761
parenting time order, and if the residential parent does not want	11762
the parent who is granted the parenting time rights to receive a	11763
copy of the relocation notice because the parent with parenting	11764
time rights has been convicted of or pleaded guilty to a violation	11765
of section 2919.25 of the Revised Code involving a victim who at	11766
the time of the commission of the offense was a member of the	11767
family or household that is the subject of the proceeding, has	11768
been convicted of or pleaded guilty to any other offense involving	11769
a victim who at the time of the commission of the offense was a	11770
member of the family or household that is the subject of the	11771
proceeding and caused physical harm to the victim in the	11772
commission of the offense, or has been determined to be the	11773
perpetrator of the abusive act that is the basis of an	11774
adjudication that a child is an abused child, the residential	11775
parent may file a motion with the court requesting that the parent	11776
who is granted the parenting time rights not receive a copy of any	11777
notice of relocation. Upon the filing of the motion, the court	11778
shall schedule a hearing on the motion and give both parents	11779
notice of the date, time, and location of the hearing. If the	11780
court determines that the parent who is granted the parenting time	11781
rights has been so convicted or has been determined to be the	11782
perpetrator of an abusive act that is the basis of a child abuse	11783
adjudication, the court shall issue an order stating that the	11784
parent who is granted the parenting time rights will not be given	11785
a copy of any notice of relocation that is filed with the court	11786
pursuant to division (G)(1) of this section or that the	11787
residential parent is no longer required to give that parent a	11788
copy of any notice of relocation unless the court determines that	11789
it is in the best interest of the children to give that parent a	11790
copy of the notice of relocation, issues an order stating that	11791
that parent will be given a copy of any notice of relocation filed	11792
pursuant to division (G)(1) of this section, and issues specific	11793
written findings of fact in support of its determination. If it	11794
does not so find, it shall dismiss the motion.	11795

(H)(1) Subject to section 3125.16 and division (F) of section	11796
3319.321 of the Revised Code, a parent of a child who is not the	11797
residential parent of the child is entitled to access, under the	11798
same terms and conditions under which access is provided to the	11799
residential parent, to any record that is related to the child and	11800
to which the residential parent of the child legally is provided	11801
access, unless the court determines that it would not be in the	11802
best interest of the child for the parent who is not the	11803
residential parent to have access to the records under those same	11804
terms and conditions. If the court determines that the parent of a	11805
child who is not the residential parent should not have access to	11806
records related to the child under the same terms and conditions	11807
as provided for the residential parent, the court shall specify	11808
the terms and conditions under which the parent who is not the	11809
residential parent is to have access to those records, shall enter	11810
its written findings of facts and opinion in the journal, and	11811
shall issue an order containing the terms and conditions to both	11812
the residential parent and the parent of the child who is not the	11813
residential parent. The court shall include in every order issued	11814
pursuant to this division notice that any keeper of a record who	11815
knowingly fails to comply with the order or division (H) of this	11816
section is in contempt of court.	11817

(2) Subject to section 3125.16 and division (F) of section	11818
3319.321 of the Revised Code, subsequent to the issuance of an	11819
order under division (H)(1) of this section, the keeper of any	11820
record that is related to a particular child and to which the	11821
residential parent legally is provided access shall permit the	11822
parent of the child who is not the residential parent to have	11823
access to the record under the same terms and conditions under	11824
which access is provided to the residential parent, unless the	11825
residential parent has presented the keeper of the record with a	11826
copy of an order issued under division (H)(1) of this section that	11827
limits the terms and conditions under which the parent who is not	11828
the residential parent is to have access to records pertaining to	11829
the child and the order pertains to the record in question. If the	11830
residential parent presents the keeper of the record with a copy	11831
of that type of order, the keeper of the record shall permit the	11832
parent who is not the residential parent to have access to the	11833
record only in accordance with the most recent order that has been	11834
issued pursuant to division (H)(1) of this section and presented	11835
to the keeper by the residential parent or the parent who is not	11836
the residential parent. Any keeper of any record who knowingly	11837
fails to comply with division (H) of this section or with any	11838
order issued pursuant to division (H)(1) of this section is in	11839
contempt of court.	11840

(3) The prosecuting attorney of any county may file a	11841
complaint with the court of common pleas of that county requesting	11842
the court to issue a protective order preventing the disclosure	11843
pursuant to division (H)(1) or (2) of this section of any	11844
confidential law enforcement investigatory record. The court shall	11845
schedule a hearing on the motion and give notice of the date,	11846
time, and location of the hearing to all parties.	11847

(I) A court that issues a parenting time order or decree	11848
pursuant to this section or section 3109.12 of the Revised Code	11849
shall determine whether the parent granted the right of parenting	11850
time is to be permitted access, in accordance with section	11851
~~5104.011~~5104.039 of the Revised Code, to any child day-care	11852
center that is, or that in the future may be, attended by the	11853
children with whom the right of parenting time is granted. Unless	11854
the court determines that the parent who is not the residential	11855
parent should not have access to the center to the same extent	11856
that the residential parent is granted access to the center, the	11857
parent who is not the residential parent and who is granted	11858
parenting time rights is entitled to access to the center to the	11859
same extent that the residential parent is granted access to the	11860
center. If the court determines that the parent who is not the	11861
residential parent should not have access to the center to the	11862
same extent that the residential parent is granted such access	11863
under ~~division (C) of~~ section ~~5104.011~~5104.039 of the Revised	11864
Code, the court shall specify the terms and conditions under which	11865
the parent who is not the residential parent is to have access to	11866
the center, provided that the access shall not be greater than the	11867
access that is provided to the residential parent under ~~division~~	11868
~~(C) of~~ section ~~5104.011~~5104.039 of the Revised Code, the court	11869
shall enter its written findings of fact and opinions in the	11870
journal, and the court shall include the terms and conditions of	11871
access in the parenting time order or decree.	11872

(J)(1) Subject to division (F) of section 3319.321 of the	11873
Revised Code, when a court issues an order or decree allocating	11874
parental rights and responsibilities for the care of a child, the	11875
parent of the child who is not the residential parent of the child	11876
is entitled to access, under the same terms and conditions under	11877
which access is provided to the residential parent, to any student	11878
activity that is related to the child and to which the residential	11879
parent of the child legally is provided access, unless the court	11880
determines that it would not be in the best interest of the child	11881
to grant the parent who is not the residential parent access to	11882
the student activities under those same terms and conditions. If	11883
the court determines that the parent of the child who is not the	11884
residential parent should not have access to any student activity	11885
that is related to the child under the same terms and conditions	11886
as provided for the residential parent, the court shall specify	11887
the terms and conditions under which the parent who is not the	11888
residential parent is to have access to those student activities,	11889
shall enter its written findings of facts and opinion in the	11890
journal, and shall issue an order containing the terms and	11891
conditions to both the residential parent and the parent of the	11892
child who is not the residential parent. The court shall include	11893
in every order issued pursuant to this division notice that any	11894
school official or employee who knowingly fails to comply with the	11895
order or division (J) of this section is in contempt of court.	11896

(2) Subject to division (F) of section 3319.321 of the	11897
Revised Code, subsequent to the issuance of an order under	11898
division (J)(1) of this section, all school officials and	11899
employees shall permit the parent of the child who is not the	11900
residential parent to have access to any student activity under	11901
the same terms and conditions under which access is provided to	11902
the residential parent of the child, unless the residential parent	11903
has presented the school official or employee, the board of	11904
education of the school, or the governing body of the chartered	11905
nonpublic school with a copy of an order issued under division	11906
(J)(1) of this section that limits the terms and conditions under	11907
which the parent who is not the residential parent is to have	11908
access to student activities related to the child and the order	11909
pertains to the student activity in question. If the residential	11910
parent presents the school official or employee, the board of	11911
education of the school, or the governing body of the chartered	11912
nonpublic school with a copy of that type of order, the school	11913
official or employee shall permit the parent who is not the	11914
residential parent to have access to the student activity only in	11915
accordance with the most recent order that has been issued	11916
pursuant to division (J)(1) of this section and presented to the	11917
school official or employee, the board of education of the school,	11918
or the governing body of the chartered nonpublic school by the	11919
residential parent or the parent who is not the residential	11920
parent. Any school official or employee who knowingly fails to	11921
comply with division (J) of this section or with any order issued	11922
pursuant to division (J)(1) of this section is in contempt of	11923
court.	11924

(K) If any person is found in contempt of court for failing	11925
to comply with or interfering with any order or decree granting	11926
parenting time rights issued pursuant to this section or section	11927
3109.12 of the Revised Code or companionship or visitation rights	11928
issued pursuant to this section, section 3109.11 or 3109.12 of the	11929
Revised Code, or any other provision of the Revised Code, the	11930
court that makes the finding, in addition to any other penalty or	11931
remedy imposed, shall assess all court costs arising out of the	11932
contempt proceeding against the person and require the person to	11933
pay any reasonable attorney's fees of any adverse party, as	11934
determined by the court, that arose in relation to the act of	11935
contempt, and may award reasonable compensatory parenting time or	11936
visitation to the person whose right of parenting time or	11937
visitation was affected by the failure or interference if such	11938
compensatory parenting time or visitation is in the best interest	11939
of the child. Any compensatory parenting time or visitation	11940
awarded under this division shall be included in an order issued	11941
by the court and, to the extent possible, shall be governed by the	11942
same terms and conditions as was the parenting time or visitation	11943
that was affected by the failure or interference.	11944

(L) Any parent who requests reasonable parenting time rights	11945
with respect to a child under this section or section 3109.12 of	11946
the Revised Code or any person who requests reasonable	11947
companionship or visitation rights with respect to a child under	11948
this section, section 3109.11 or 3109.12 of the Revised Code, or	11949
any other provision of the Revised Code may file a motion with the	11950
court requesting that it waive all or any part of the costs that	11951
may accrue in the proceedings. If the court determines that the	11952
movant is indigent and that the waiver is in the best interest of	11953
the child, the court, in its discretion, may waive payment of all	11954
or any part of the costs of those proceedings.	11955

(M)(1) A parent who receives an order for active military	11956
service in the uniformed services and who is subject to a	11957
parenting time order may apply to the court for any of the	11958
following temporary orders for the period extending from the date	11959
of the parent's departure to the date of return:	11960

(a) An order delegating all or part of the parent's parenting	11961
time with the child to a relative or to another person who has a	11962
close and substantial relationship with the child if the	11963
delegation is in the child's best interest;	11964

(b) An order that the other parent make the child reasonably	11965
available for parenting time with the parent when the parent is on	11966
leave from active military service;	11967

(c) An order that the other parent facilitate contact,	11968
including telephone and electronic contact, between the parent and	11969
child while the parent is on active military service.	11970

(2)(a) Upon receipt of an order for active military service,	11971
a parent who is subject to a parenting time order and seeks an	11972
order under division (M)(1) of this section shall notify the other	11973
parent who is subject to the parenting time order and apply to the	11974
court as soon as reasonably possible after receipt of the order	11975
for active military service. The application shall include the	11976
date on which the active military service begins.	11977

(b) The court shall schedule a hearing upon receipt of an	11978
application under division (M) of this section and hold the	11979
hearing not later than thirty days after its receipt, except that	11980
the court shall give the case calendar priority and handle the	11981
case expeditiously if exigent circumstances exist in the case. No	11982
hearing shall be required if both parents agree to the terms of	11983
the requested temporary order and the court determines that the	11984
order is in the child's best interest.	11985

(c) In determining whether a delegation under division	11986
(M)(1)(a) of this section is in the child's best interest, the	11987
court shall consider all relevant factors, including the factors	11988
set forth in division (D) of this section.	11989

(d) An order delegating all or part of the parent's parenting	11990
time pursuant to division (M)(1)(a) of this section does not	11991
create standing on behalf of the person to whom parenting time is	11992
delegated to assert visitation or companionship rights independent	11993
of the order.	11994

(3) At the request of a parent who is ordered for active	11995
military service in the uniformed services and who is a subject of	11996
a proceeding pertaining to a parenting time order or pertaining to	11997
a request for companionship rights or visitation with a child, the	11998
court shall permit the parent to participate in the proceeding and	11999
present evidence by electronic means, including communication by	12000
telephone, video, or internet to the extent permitted by rules of	12001
the supreme court of Ohio.	12002

(N) The juvenile court has exclusive jurisdiction to enter	12003
the orders in any case certified to it from another court.	12004

(O) As used in this section:

12005

(1) "Abused child" has the same meaning as in section	12006
2151.031 of the Revised Code, and "neglected child" has the same	12007
meaning as in section 2151.03 of the Revised Code.	12008

(2) "Active military service" and "uniformed services" have	12009
the same meanings as in section 3109.04 of the Revised Code.	12010

(3) "Confidential law enforcement investigatory record" has	12011
the same meaning as in section 149.43 of the Revised Code.	12012

(4) "Parenting time order" means an order establishing the	12013
amount of time that a child spends with the parent who is not the	12014
residential parent or the amount of time that the child is to be	12015
physically located with a parent under a shared parenting order.	12016

(5) "Record" means any record, document, file, or other	12017
material that contains information directly related to a child,	12018
including, but not limited to, any of the following:	12019

(a) Records maintained by public and nonpublic schools;

12020

(b) Records maintained by facilities that provide child care,	12021
as defined in section 5104.01 of the Revised Code, publicly funded	12022
child care, as defined in section 5104.01 of the Revised Code, or	12023
pre-school services operated by or under the supervision of a	12024
school district board of education or a nonpublic school;	12025

(c) Records maintained by hospitals, other facilities, or	12026
persons providing medical or surgical care or treatment for the	12027
child;	12028

(d) Records maintained by agencies, departments,	12029
instrumentalities, or other entities of the state or any political	12030
subdivision of the state, other than a child support enforcement	12031
agency. Access to records maintained by a child support	12032
enforcement agency is governed by section 3125.16 of the Revised	12033
Code.	12034

Sec. 3701.63. (A) As used in this section and section 3701.64	12035
of the Revised Code:	12036

(1) "Child day-care center," "type A family day-care home,"	12037
and "~~certified~~licensed type B family day-care home" have the same	12038
meanings as in section 5104.01 of the Revised Code.	12039

(2) "Child care facility" means a child day-care center, a	12040
type A family day-care home, or a ~~certified~~licensed type B family	12041
day-care home.	12042

(3) "Freestanding birthing center" has the same meaning as in	12043
section 3702.51 of the Revised Code.	12044

(4) "Hospital" means a hospital classified pursuant to rules	12045
adopted under section 3701.07 of the Revised Code as a general	12046
hospital or children's hospital.	12047

(5) "Maternity unit" means any unit or place in a hospital	12048
where women are regularly received and provided care during all or	12049
part of the maternity cycle, except that "maternity unit" does not	12050
include an emergency department or similar place dedicated to	12051
providing emergency health care.	12052

(6) "Parent" means either parent, unless the parents are	12053
separated or divorced or their marriage has been dissolved or	12054
annulled, in which case "parent" means the parent who is the	12055
residential parent and legal custodian of the child. "Parent" also	12056
means a prospective adoptive parent with whom a child is placed.	12057

(7) "Shaken ~~Baby Syndrome~~baby syndrome" means signs and	12058
symptoms, including, but not limited to, retinal hemorrhages in	12059
one or both eyes, subdural hematoma, or brain swelling, resulting	12060
from the violent shaking or the shaking and impacting of the head	12061
of an infant or small child.	12062

(B) The director of health shall establish the shaken baby	12063
syndrome education program by doing all of the following:	12064

(1) By not later than one year after February 29, 2008,	12065
developing educational materials that present readily	12066
comprehendible information on shaken baby syndrome;	12067

(2) Making available on the department of health web site in	12068
an easily accessible format the educational materials developed	12069
under division (B)(1) of this section;	12070

(3) Beginning in 2009, annually assessing the effectiveness	12071
of the shaken baby syndrome education program by evaluating the	12072
reports received pursuant to section 5101.135 of the Revised Code.	12073

(C) In meeting the requirements under division (B) of this	12074
section, the director shall not develop educational materials that	12075
will impose an administrative or financial burden on any of the	12076
entities or persons listed in section 3701.64 of the Revised Code.	12077

Sec. 3737.22. (A) The fire marshal shall do all of the	12078
following:	12079

(1) Adopt the state fire code under sections 3737.82 to	12080
3737.86 of the Revised Code;	12081

(2) Enforce the state fire code;

12082

(3) Appoint assistant fire marshals who are authorized to	12083
enforce the state fire code;	12084

(4) Conduct investigations into the cause, origin, and	12085
circumstances of fires and explosions, and assist in the	12086
prosecution of persons believed to be guilty of arson or a similar	12087
crime;	12088

(5) Compile statistics concerning loss due to fire and	12089
explosion as the fire marshal considers necessary, and consider	12090
the compatibility of the fire marshal's system of compilation with	12091
the systems of other state and federal agencies and fire marshals	12092
of other states;	12093

(6) Engage in research on the cause and prevention of losses	12094
due to fire and explosion;	12095

(7) Engage in public education and informational activities	12096
which will inform the public of fire safety information;	12097

(8) Operate a fire training academy and forensic laboratory;

12098

(9) Conduct other fire safety and fire fighting training	12099
activities for the public and groups as will further the cause of	12100
fire safety;	12101

(10) Conduct licensing examinations, and issue permits,	12102
licenses, and certificates, as authorized by the Revised Code;	12103

(11) Conduct tests of fire protection systems and devices,	12104
and fire fighting equipment to determine compliance with the state	12105
fire code, unless a building is insured against the hazard of	12106
fire, in which case such tests may be performed by the company	12107
insuring the building;	12108

(12) Establish and collect fees for conducting licensing	12109
examinations and for issuing permits, licenses, and certificates;	12110

(13) Make available for the prosecuting attorney and an	12111
assistant prosecuting attorney from each county of this state, in	12112
accordance with section 3737.331 of the Revised Code, a seminar	12113
program, attendance at which is optional, that is designed to	12114
provide current information, data, training, and techniques	12115
relative to the prosecution of arson cases;	12116

(14) Administer and enforce Chapter 3743. of the Revised	12117
Code;	12118

(15) Develop a uniform standard for the reporting of	12119
information required to be filed under division (E)(4) of section	12120
2921.22 of the Revised Code, and accept the reports of the	12121
information when they are filed.	12122

(B) The fire marshal shall appoint a chief deputy fire	12123
marshal, and shall employ professional and clerical assistants as	12124
the fire marshal considers necessary. The chief deputy shall be a	12125
competent former or current member of a fire agency and possess	12126
five years of recent, progressively more responsible experience in	12127
fire inspection, fire code enforcement, and fire code management.	12128
The chief deputy, with the approval of the director of commerce,	12129
shall temporarily assume the duties of the fire marshal when the	12130
fire marshal is absent or temporarily unable to carry out the	12131
duties of the office. When there is a vacancy in the office of	12132
fire marshal, the chief deputy, with the approval of the director	12133
of commerce, shall temporarily assume the duties of the fire	12134
marshal until a new fire marshal is appointed under section	12135
3737.21 of the Revised Code.	12136

All employees, other than the fire marshal; the chief deputy	12137
fire marshal; the superintendent of the Ohio fire academy; the	12138
grants administrator; the fiscal officer; the executive secretary	12139
to the fire marshal; legal counsel; the pyrotechnics	12140
administrator, the chief of the forensic laboratory; the person	12141
appointed by the fire marshal to serve as administrator over	12142
functions concerning testing, license examinations, and the	12143
issuance of permits and certificates; and the chiefs of the	12144
bureaus of fire prevention, of fire and explosion investigation,	12145
of code enforcement, and of underground storage tanks shall be in	12146
the classified civil service. The fire marshal shall authorize the	12147
chief deputy and other employees under the fire marshal's	12148
supervision to exercise powers granted to the fire marshal by law	12149
as may be necessary to carry out the duties of the fire marshal's	12150
office.	12151

(C) The fire marshal shall create, in and as a part of the	12152
office of fire marshal, a fire and explosion investigation bureau	12153
consisting of a chief of the bureau and additional assistant fire	12154
marshals as the fire marshal determines necessary for the	12155
efficient administration of the bureau. The chief shall be	12156
experienced in the investigation of the cause, origin, and	12157
circumstances of fires, and in administration, including the	12158
supervision of subordinates. The chief, among other duties	12159
delegated to the chief by the fire marshal, shall be responsible,	12160
under the direction of the fire marshal, for the investigation of	12161
the cause, origin, and circumstances of fires and explosions in	12162
the state, and for assistance in the prosecution of persons	12163
believed to be guilty of arson or a similar crime.	12164

(D)(1) The fire marshal shall create, as part of the office	12165
of fire marshal, a bureau of code enforcement consisting of a	12166
chief of the bureau and additional assistant fire marshals as the	12167
fire marshal determines necessary for the efficient administration	12168
of the bureau. The chief shall be qualified, by education or	12169
experience, in fire inspection, fire code development, fire code	12170
enforcement, or any other similar field determined by the fire	12171
marshal, and in administration, including the supervision of	12172
subordinates. The chief is responsible, under the direction of the	12173
fire marshal, for fire inspection, fire code development, fire	12174
code enforcement, and any other duties delegated to the chief by	12175
the fire marshal.	12176

(2) The fire marshal, the chief deputy fire marshal, the	12177
chief of the bureau of code enforcement, or any assistant fire	12178
marshal under the direction of the fire marshal, the chief deputy	12179
fire marshal, or the chief of the bureau of code enforcement may	12180
cause to be conducted the inspection of all buildings, structures,	12181
and other places, the condition of which may be dangerous from a	12182
fire safety standpoint to life or property, or to property	12183
adjacent to the buildings, structures, or other places.	12184

(E) The fire marshal shall create, as a part of the office of	12185
fire marshal, a bureau of fire prevention consisting of a chief of	12186
the bureau and additional assistant fire marshals as the fire	12187
marshal determines necessary for the efficient administration of	12188
the bureau. The chief shall be qualified, by education or	12189
experience, to promote programs for rural and urban fire	12190
prevention and protection. The chief, among other duties delegated	12191
to the chief by the fire marshal, is responsible, under the	12192
direction of the fire marshal, for the promotion of rural and	12193
urban fire prevention and protection through public information	12194
and education programs.	12195

(F) The fire marshal shall cooperate with the director of job	12196
and family services when the director adopts rules under section	12197
5104.052 of the Revised Code regarding fire prevention and fire	12198
safety in ~~certified~~licensed type B family day-care homes, as	12199
defined in section 5104.01 of the Revised Code, recommend	12200
procedures for inspecting type B homes to determine whether they	12201
are in compliance with those rules, and provide training and	12202
technical assistance to the director and county directors of job	12203
and family services on the procedures for determining compliance	12204
with those rules.	12205

(G) The fire marshal, upon request of a provider of child	12206
care in a type B home that is not ~~certified~~licensed by the ~~county~~	12207
director of job and family services, as a precondition of approval	12208
by the state board of education under section 3313.813 of the	12209
Revised Code for receipt of United States department of	12210
agriculture child and adult care food program funds established	12211
under the "National School Lunch Act," 60 Stat. 230 (1946), 42	12212
U.S.C. 1751, as amended, shall inspect the type B home to	12213
determine compliance with rules adopted under section 5104.052 of	12214
the Revised Code regarding fire prevention and fire safety in	12215
~~certified~~licensed type B homes. In municipal corporations and in	12216
townships where there is a certified fire safety inspector, the	12217
inspections shall be made by that inspector under the supervision	12218
of the fire marshal, according to rules adopted under section	12219
5104.052 of the Revised Code. In townships outside municipal	12220
corporations where there is no certified fire safety inspector,	12221
inspections shall be made by the fire marshal.	12222

Sec. 3742.01. As used in this chapter:

12223

(A) "Board of health" means the board of health of a city or	12224
general health district or the authority having the duties of a	12225
board of health under section 3709.05 of the Revised Code.	12226

(B) "Child care facility" means each area of any of the	12227
following in which child care, as defined in section 5104.01 of	12228
the Revised Code, is provided to children under six years of age:	12229

(1) A child day-care center, type A family day-care home, or	12230
type B family day-care home as defined in section 5104.01 of the	12231
Revised Code;	12232

(2) ~~A type C family day-care home authorized to provide child~~	12233
~~care by Sub. H.B. 62 of the 121st general assembly, as amended by~~	12234
~~Am. Sub. S.B. 160 of the 121st general assembly and Sub. H.B. 407~~	12235
~~of the 123rd general assembly;~~	12236

~~(3)~~ A preschool program or school child program as defined in	12237
section 3301.52 of the Revised Code.	12238

(C) "Clearance examination" means an examination to determine	12239
whether the lead hazards in a residential unit, child care	12240
facility, or school have been sufficiently controlled. A clearance	12241
examination includes a visual assessment, collection, and analysis	12242
of environmental samples.	12243

(D) "Clearance technician" means a person, other than a	12244
licensed lead inspector or licensed lead risk assessor, who	12245
performs a clearance examination.	12246

(E) "Clinical laboratory" means a facility for the	12247
biological, microbiological, serological, chemical,	12248
immunohematological, hematological, biophysical, cytological,	12249
pathological, or other examination of substances derived from the	12250
human body for the purpose of providing information for the	12251
diagnosis, prevention, or treatment of any disease, or in the	12252
assessment or impairment of the health of human beings. "Clinical	12253
laboratory" does not include a facility that only collects or	12254
prepares specimens, or serves as a mailing service, and does not	12255
perform testing.	12256

(F) "Encapsulation" means the coating and sealing of surfaces	12257
with durable surface coating specifically formulated to be	12258
elastic, able to withstand sharp and blunt impacts, long-lasting,	12259
and resilient, while also resistant to cracking, peeling, algae,	12260
fungus, and ultraviolet light, so as to prevent any part of	12261
lead-containing paint from becoming part of house dust or	12262
otherwise accessible to children.	12263

(G) "Enclosure" means the resurfacing or covering of surfaces	12264
with durable materials such as wallboard or paneling, and the	12265
sealing or caulking of edges and joints, so as to prevent or	12266
control chalking, flaking, peeling, scaling, or loose	12267
lead-containing substances from becoming part of house dust or	12268
otherwise accessible to children.	12269

(H) "Environmental lead analytical laboratory" means a	12270
facility that analyzes air, dust, soil, water, paint, film, or	12271
other substances, other than substances derived from the human	12272
body, for the presence and concentration of lead.	12273

(I) "HEPA" means the designation given to a product, device,	12274
or system that has been equipped with a high-efficiency	12275
particulate air filter, which is a filter capable of removing	12276
particles of 0.3 microns or larger from air at 99.97 per cent or	12277
greater efficiency.	12278

(J) "Interim controls" means a set of measures designed to	12279
reduce temporarily human exposure or likely human exposure to lead	12280
hazards. Interim controls include specialized cleaning, repairs,	12281
painting, temporary containment, ongoing lead hazard maintenance	12282
activities, and the establishment and operation of management and	12283
resident education programs.	12284

(K)(1) "Lead abatement" means a measure or set of measures	12285
designed for the single purpose of permanently eliminating lead	12286
hazards. "Lead abatement" includes all of the following:	12287

(a) Removal of lead-based paint and lead-contaminated dust;

12288

(b) Permanent enclosure or encapsulation of lead-based paint;

12289

(c) Replacement of surfaces or fixtures painted with	12290
lead-based paint;	12291

(d) Removal or permanent covering of lead-contaminated soil;

12292

(e) Preparation, cleanup, and disposal activities associated	12293
with lead abatement.	12294

(2) "Lead abatement" does not include any of the following:

12295

(a) Preventive treatments performed pursuant to section	12296
3742.41 of the Revised Code;	12297

(b) Implementation of interim controls;

12298

(c) Activities performed by a property owner on a residential	12299
unit to which both of the following apply:	12300

(i) It is a freestanding single-family home used as the	12301
property owner's private residence.	12302

(ii) No child under six years of age who has lead poisoning	12303
resides in the unit.	12304

(L) "Lead abatement contractor" means any individual who	12305
engages in or intends to engage in lead abatement and employs or	12306
supervises one or more lead abatement workers, including on-site	12307
supervision of lead abatement projects, or prepares	12308
specifications, plans, or documents for a lead abatement project.	12309

(M) "Lead abatement project" means one or more lead abatement	12310
activities that are conducted by a lead abatement contractor and	12311
are reasonably related to each other.	12312

(N) "Lead abatement project designer" means a person who is	12313
responsible for designing lead abatement projects and preparing a	12314
pre-abatement plan for all designed projects.	12315

(O) "Lead abatement worker" means an individual who is	12316
responsible in a nonsupervisory capacity for the performance of	12317
lead abatement.	12318

(P) "Lead-based paint" means any paint or other similar	12319
surface-coating substance containing lead at or in excess of the	12320
level that is hazardous to human health as established by rule of	12321
the public health council under section 3742.50 of the Revised	12322
Code.	12323

(Q) "Lead-contaminated dust" means dust that contains an area	12324
or mass concentration of lead at or in excess of the level that is	12325
hazardous to human health as established by rule of the public	12326
health council under section 3742.50 of the Revised Code.	12327

(R) "Lead-contaminated soil" means soil that contains lead at	12328
or in excess of the level that is hazardous to human health as	12329
established by rule of the public health council under section	12330
3742.50 of the Revised Code.	12331

(S) "Lead hazard" means material that is likely to cause lead	12332
exposure and endanger an individual's health as determined by the	12333
public health council in rules adopted under section 3742.50 of	12334
the Revised Code. "Lead hazard" includes lead-based paint,	12335
lead-contaminated dust, lead-contaminated soil, and	12336
lead-contaminated water pipes.	12337

(T) "Lead inspection" means a surface-by-surface	12338
investigation to determine the presence of lead-based paint. The	12339
inspection shall use a sampling or testing technique approved by	12340
the public health council in rules adopted by the council under	12341
section 3742.03 of the Revised Code. A licensed lead inspector or	12342
laboratory approved under section 3742.09 of the Revised Code	12343
shall certify in writing the precise results of the inspection.	12344

(U) "Lead inspector" means any individual who conducts a lead	12345
inspection, provides professional advice regarding a lead	12346
inspection, or prepares a report explaining the results of a lead	12347
inspection.	12348

(V) "Lead poisoning" means the level of lead in human blood	12349
that is hazardous to human health, as specified in rules adopted	12350
under section 3742.50 of the Revised Code.	12351

(W) "Lead risk assessment" means an on-site investigation to	12352
determine and report the existence, nature, severity, and location	12353
of lead hazards in a residential unit, child care facility, or	12354
school, including information gathering from the unit, facility,	12355
or school's current owner's knowledge regarding the age and	12356
painting history of the unit, facility, or school and occupancy by	12357
children under six years of age, visual inspection, limited wipe	12358
sampling or other environmental sampling techniques, and any other	12359
activity as may be appropriate.	12360

(X) "Lead risk assessor" means a person who is responsible	12361
for developing a written inspection, risk assessment, and analysis	12362
plan; conducting inspections for lead hazards in a residential	12363
unit, child care facility, or school; interpreting results of	12364
inspections and risk assessments; identifying hazard control	12365
strategies to reduce or eliminate lead exposures; and completing a	12366
risk assessment report.	12367

(Y) "Lead-safe renovation" means the supervision or	12368
performance of services for the general improvement of all or part	12369
of an existing structure, including a residential unit, child care	12370
facility, or school, when the services are supervised or performed	12371
by a lead-safe renovator.	12372

(Z) "Lead-safe renovator" means a person who has successfully	12373
completed a training program in lead-safe renovation approved	12374
under section 3742.47 of the Revised Code.	12375

(AA) "Manager" means a person, who may be the same person as	12376
the owner, responsible for the daily operation of a residential	12377
unit, child care facility, or school.	12378

(BB) "Permanent" means an expected design life of at least	12379
twenty years.	12380

(CC) "Replacement" means an activity that entails removing	12381
components such as windows, doors, and trim that have lead hazards	12382
on their surfaces and installing components free of lead hazards.	12383

(DD) "Residential unit" means a dwelling or any part of a	12384
building being used as an individual's private residence.	12385

(EE) "School" means a public or nonpublic school in which	12386
children under six years of age receive education.	12387

Sec. 3797.06. (A) As used in this section, "specified	12388
geographical notification area" means the geographic area or areas	12389
within which the attorney general requires by rule adopted under	12390
section 3797.08 of the Revised Code the notice described in	12391
division (B) of this section to be given to the persons identified	12392
in divisions (A)(1) to (9) of this section. If a court enters a	12393
declaratory judgment against a registrant under section 2721.21 of	12394
the Revised Code, the sheriff with whom the registrant has most	12395
recently registered under section 3797.02 or 3797.03 of the	12396
Revised Code and the sheriff to whom the registrant most recently	12397
sent a notice of intent to reside under section 3797.03 of the	12398
Revised Code shall provide within the period of time specified in	12399
division (C) of this section a written notice containing the	12400
information set forth in division (B) of this section to all of	12401
the persons described in divisions (A)(1) to (9) of this section.	12402
If the sheriff has sent a notice to the persons described in those	12403
divisions as a result of receiving a notice of intent to reside	12404
and if the registrant registers a residence address that is the	12405
same residence address described in the notice of intent to	12406
reside, the sheriff is not required to send an additional notice	12407
when the registrant registers. The sheriff shall provide the	12408
notice to all of the following persons:	12409

(1)(a) Any occupant of each residential unit that is located	12410
within one thousand feet of the registrant's residential premises,	12411
that is located within the county served by the sheriff, and that	12412
is not located in a multi-unit building. Division (D)(3) of this	12413
section applies regarding notices required under this division.	12414

(b) If the registrant resides in a multi-unit building, any	12415
occupant of each residential unit that is located in that	12416
multi-unit building and that shares a common hallway with the	12417
registrant. For purposes of this division, an occupant's unit	12418
shares a common hallway with the registrant if the entrance door	12419
into the occupant's unit is located on the same floor and opens	12420
into the same hallway as the entrance door to the unit the	12421
registrant occupies. Division (D)(3) of this section applies	12422
regarding notices required under this division.	12423

(c) The building manager, or the person the building owner or	12424
condominium unit owners association authorizes to exercise	12425
management and control, of each multi-unit building that is	12426
located within one thousand feet of the registrant's residential	12427
premises, including a multi-unit building in which the registrant	12428
resides, and that is located within the county served by the	12429
sheriff. In addition to notifying the building manager or the	12430
person authorized to exercise management and control in the	12431
multi-unit building under this division, the sheriff shall post a	12432
copy of the notice prominently in each common entryway in the	12433
building and any other location in the building the sheriff	12434
determines appropriate. The manager or person exercising	12435
management and control of the building shall permit the sheriff to	12436
post copies of the notice under this division as the sheriff	12437
determines appropriate. In lieu of posting copies of the notice as	12438
described in this division, a sheriff may provide notice to all	12439
occupants of the multi-unit building by mail or personal contact.	12440
If the sheriff so notifies all the occupants, the sheriff is not	12441
required to post copies of the notice in the common entryways to	12442
the building. Division (D)(3) of this section applies regarding	12443
notices required under this division.	12444

(d) All additional persons who are within any category of	12445
neighbors of the registrant that the attorney general by rule	12446
adopted under section 3797.08 of the Revised Code requires to be	12447
provided the notice and who reside within the county served by the	12448
sheriff.	12449

(2) The executive director of the public children services	12450
agency that has jurisdiction within the specified geographical	12451
notification area and that is located within the county served by	12452
the sheriff;	12453

(3) The superintendent of each board of education of a school	12454
district that has schools within the specified geographical	12455
notification area and that is located within the county served by	12456
the sheriff;	12457

(4) The appointing or hiring officer of each nonpublic school	12458
located within the specified geographical notification area and	12459
within the county served by the sheriff or of each other school	12460
located within the specified geographical notification area and	12461
within the county served by the sheriff and that is not operated	12462
by a board of education described in division (A)(3) of this	12463
section;	12464

(5) The director, head teacher, elementary principal, or site	12465
administrator of each preschool program governed by Chapter 3301.	12466
of the Revised Code that is located within the specified	12467
geographical notification area and within the county served by the	12468
sheriff;	12469

(6) The administrator of each child day-care center or type A	12470
family day-care home that is located within the specified	12471
geographical notification area and within the county served by the	12472
sheriff, and ~~the provider of~~ each ~~certified~~holder of a license to	12473
operate a type B family day-care home that is located within the	12474
specified geographical notification area and within the county	12475
served by the sheriff. As used in this division, "child day-care	12476
center," "type A family day-care home," and "~~certified~~ type B	12477
family day-care home" have the same meanings as in section 5104.01	12478
of the Revised Code.	12479

(7) The president or other chief administrative officer of	12480
each institution of higher education, as defined in section	12481
2907.03 of the Revised Code, that is located within the specified	12482
geographical notification area and within the county served by the	12483
sheriff and the chief law enforcement officer of any state	12484
university law enforcement agency or campus police department	12485
established under section 3345.04 or 1713.50 of the Revised Code	12486
that serves that institution;	12487

(8) The sheriff of each county that includes any portion of	12488
the specified geographical notification area;	12489

(9) If the registrant resides within the county served by the	12490
sheriff, the chief of police, marshal, or other chief law	12491
enforcement officer of the municipal corporation in which the	12492
registrant resides or, if the registrant resides in an	12493
unincorporated area, the constable or chief of the police	12494
department or police district police force of the township in	12495
which the registrant resides.	12496

(B) The notice required under division (A) of this section	12497
shall include the registrant's name, residence or employment	12498
address, as applicable, and a statement that the registrant has	12499
been found liable for childhood sexual abuse in a civil action and	12500
is listed on the civil registry established by the attorney	12501
general pursuant to section 3797.08 of the Revised Code.	12502

(C) If a sheriff with whom a registrant registers under	12503
section 3797.02 or 3797.03 of the Revised Code or to whom the	12504
registrant most recently sent a notice of intent to reside under	12505
section 3797.03 of the Revised Code is required by division (A) of	12506
this section to provide notices regarding a registrant and if the	12507
sheriff provides a notice pursuant to that requirement the sheriff	12508
provides a notice to a sheriff of one or more other counties in	12509
accordance with division (A)(8) of this section, the sheriff of	12510
each of the other counties who is provided notice under division	12511
(A)(8) of this section shall provide the notices described in	12512
divisions (A)(1) to (7) and (A)(9) of this section to each person	12513
or entity identified within those divisions that is located within	12514
the specified geographical notification area and within the county	12515
served by the sheriff in question.	12516

(D)(1) A sheriff required by division (A) or (C) of this	12517
section to provide notices regarding a registrant shall provide	12518
the notice to the neighbors that are described in division (A)(1)	12519
of this section and the notices to law enforcement personnel that	12520
are described in divisions (A)(8) and (9) of this section as soon	12521
as practicable, but not later than five days after the registrant	12522
sends the notice of intent to reside to the sheriff, and again not	12523
later than five days after the registrant registers with the	12524
sheriff or, if the sheriff is required by division (C) to provide	12525
the notices, not later than five days after the sheriff is	12526
provided the notice described in division (A)(8) of this section.	12527

A sheriff required by division (A) or (C) of this section to	12528
provide notices regarding a registrant shall provide the notices	12529
to all other specified persons that are described in divisions	12530
(A)(2) to (7) of this section as soon as practicable, but not	12531
later than seven days after the registrant registers with the	12532
sheriff, or, if the sheriff is required by division (C) to provide	12533
the notices, not later than five days after the sheriff is	12534
provided the notice described in division (A)(8) of this section.	12535

(2) If a registrant in relation to whom division (A) of this	12536
section applies verifies the registrant's current residence	12537
address with a sheriff pursuant to section 3797.04 of the Revised	12538
Code, the sheriff may provide a written notice containing the	12539
information set forth in division (B) of this section to the	12540
persons identified in divisions (A)(1) to (9) of this section. If	12541
a sheriff provides a notice pursuant to this division to the	12542
sheriff of one or more other counties in accordance with division	12543
(A)(8) of this section, the sheriff of each of the other counties	12544
who is provided the notice under division (A)(8) of this section	12545
may provide, but is not required to provide, a written notice	12546
containing the information set forth in division (B) of this	12547
section to the persons identified in divisions (A)(1) to (7) and	12548
(A)(9) of this section.	12549

(3) A sheriff may provide notice under division (A)(1)(a) or	12550
(b) of this section, and may provide notice under division	12551
(A)(1)(c) of this section to a building manager or person	12552
authorized to exercise management and control of a building, by	12553
mail, by personal contact, or by leaving the notice at or under	12554
the entry door to a residential unit. For purposes of divisions	12555
(A)(1)(a) and (b) of this section and of the portion of division	12556
(A)(1)(c) of this section relating to the provision of notice to	12557
occupants of a multi-unit building by mail or personal contact,	12558
the provision of one written notice per unit is deemed providing	12559
notice to all occupants of that unit.	12560

(E) All information that a sheriff possesses regarding a	12561
registrant that is described in division (B) of this section and	12562
that must be provided in a notice required under division (A) or	12563
(C) of this section or that may be provided in a notice authorized	12564
under division (D)(2) of this section is a public record that is	12565
open to inspection under section 149.43 of the Revised Code.	12566

(F) A sheriff required by division (A) or (C) of this	12567
section, or authorized by division (D)(2) of this section, to	12568
provide notices regarding a registrant may request the department	12569
of job and family services, department of education, or Ohio board	12570
of regents, by telephone, in registrant, or by mail, to provide	12571
the sheriff with the names, addresses, and telephone numbers of	12572
the appropriate persons and entities to whom the notices described	12573
in divisions (A)(2) to (7) of this section are to be provided.	12574
Upon receipt of a request, the department or board shall provide	12575
the requesting sheriff with the names, addresses, and telephone	12576
numbers of the appropriate persons and entities to whom those	12577
notices are to be provided.	12578

(G)(1) Upon the motion of the registrant or the judge that	12579
entered a declaratory judgment pursuant to section 2721.21 of the	12580
Revised Code or that judge's successor in office, the judge may	12581
schedule a hearing to determine whether the interests of justice	12582
would be served by suspending the community notification	12583
requirement under this section in relation to the registrant. The	12584
judge may dismiss the motion without a hearing but may not issue	12585
an order suspending the community notification requirement without	12586
a hearing. At the hearing, all parties are entitled to be heard.	12587
If, at the conclusion of the hearing, the judge finds that the	12588
registrant has proven by clear and convincing evidence that the	12589
registrant is unlikely to commit childhood sexual abuse in the	12590
future and that suspending the community notification requirement	12591
is in the interests of justice, the judge may issue an order	12592
suspending the application of this section in relation to the	12593
registrant. The order shall contain both of these findings.	12594

The judge promptly shall serve a copy of the order upon the	12595
sheriff with whom the registrant most recently registered a	12596
residence address and the sheriff with whom the registrant most	12597
recently registered an employment address under section 3797.02 of	12598
the Revised Code.	12599

An order suspending the community notification requirement	12600
does not suspend or otherwise alter a registrant's duties to	12601
comply with sections 3797.02, 3797.03, and 3797.04 of the Revised	12602
Code.	12603

(2) A registrant has the right to appeal an order denying a	12604
motion made under division (G)(1) of this section.	12605

Sec. 4511.81. (A) When any child who is in either or both of	12606
the following categories is being transported in a motor vehicle,	12607
other than a taxicab or public safety vehicle as defined in	12608
section 4511.01 of the Revised Code, that is required by the	12609
United States department of transportation to be equipped with	12610
seat belts at the time of manufacture or assembly, the operator of	12611
the motor vehicle shall have the child properly secured in	12612
accordance with the manufacturer's instructions in a child	12613
restraint system that meets federal motor vehicle safety	12614
standards:	12615

(1) A child who is less than four years of age;

12616

(2) A child who weighs less than forty pounds.

12617

(B) When any child who is in either or both of the following	12618
categories is being transported in a motor vehicle, other than a	12619
taxicab, that is owned, leased, or otherwise under the control of	12620
a nursery school or day-care center, the operator of the motor	12621
vehicle shall have the child properly secured in accordance with	12622
the manufacturer's instructions in a child restraint system that	12623
meets federal motor vehicle safety standards:	12624

(1) A child who is less than four years of age;

12625

(2) A child who weighs less than forty pounds.

12626

(C) When any child who is less than eight years of age and	12627
less than four feet nine inches in height, who is not required by	12628
division (A) or (B) of this section to be secured in a child	12629
restraint system, is being transported in a motor vehicle, other	12630
than a taxicab or public safety vehicle as defined in section	12631
4511.01 of the Revised Code or a vehicle that is regulated under	12632
section ~~5104.011~~5104.015 of the Revised Code, that is required by	12633
the United States department of transportation to be equipped with	12634
seat belts at the time of manufacture or assembly, the operator of	12635
the motor vehicle shall have the child properly secured in	12636
accordance with the manufacturer's instructions on a booster seat	12637
that meets federal motor vehicle safety standards.	12638

(D) When any child who is at least eight years of age but not	12639
older than fifteen years of age, and who is not otherwise required	12640
by division (A), (B), or (C) of this section to be secured in a	12641
child restraint system or booster seat, is being transported in a	12642
motor vehicle, other than a taxicab or public safety vehicle as	12643
defined in section 4511.01 of the Revised Code, that is required	12644
by the United States department of transportation to be equipped	12645
with seat belts at the time of manufacture or assembly, the	12646
operator of the motor vehicle shall have the child properly	12647
restrained either in accordance with the manufacturer's	12648
instructions in a child restraint system that meets federal motor	12649
vehicle safety standards or in an occupant restraining device as	12650
defined in section 4513.263 of the Revised Code.	12651

(E) Notwithstanding any provision of law to the contrary, no	12652
law enforcement officer shall cause an operator of a motor vehicle	12653
being operated on any street or highway to stop the motor vehicle	12654
for the sole purpose of determining whether a violation of	12655
division (C) or (D) of this section has been or is being committed	12656
or for the sole purpose of issuing a ticket, citation, or summons	12657
for a violation of division (C) or (D) of this section or causing	12658
the arrest of or commencing a prosecution of a person for a	12659
violation of division (C) or (D) of this section, and absent	12660
another violation of law, a law enforcement officer's view of the	12661
interior or visual inspection of a motor vehicle being operated on	12662
any street or highway may not be used for the purpose of	12663
determining whether a violation of division (C) or (D) of this	12664
section has been or is being committed.	12665

(F) The director of public safety shall adopt such rules as	12666
are necessary to carry out this section.	12667

(G) The failure of an operator of a motor vehicle to secure a	12668
child in a child restraint system, a booster seat, or an occupant	12669
restraining device as required by this section is not negligence	12670
imputable to the child, is not admissible as evidence in any civil	12671
action involving the rights of the child against any other person	12672
allegedly liable for injuries to the child, is not to be used as a	12673
basis for a criminal prosecution of the operator of the motor	12674
vehicle other than a prosecution for a violation of this section,	12675
and is not admissible as evidence in any criminal action involving	12676
the operator of the motor vehicle other than a prosecution for a	12677
violation of this section.	12678

(H) This section does not apply when an emergency exists that	12679
threatens the life of any person operating or occupying a motor	12680
vehicle that is being used to transport a child who otherwise	12681
would be required to be restrained under this section. This	12682
section does not apply to a person operating a motor vehicle who	12683
has an affidavit signed by a physician licensed to practice in	12684
this state under Chapter 4731. of the Revised Code or a	12685
chiropractor licensed to practice in this state under Chapter	12686
4734. of the Revised Code that states that the child who otherwise	12687
would be required to be restrained under this section has a	12688
physical impairment that makes use of a child restraint system,	12689
booster seat, or an occupant restraining device impossible or	12690
impractical, provided that the person operating the vehicle has	12691
safely and appropriately restrained the child in accordance with	12692
any recommendations of the physician or chiropractor as noted on	12693
the affidavit.	12694

(I) There is hereby created in the state treasury the child	12695
highway safety fund, consisting of fines imposed pursuant to	12696
division (K)(1) of this section for violations of divisions (A),	12697
(B), (C), and (D) of this section. The money in the fund shall be	12698
used by the department of health only to defray the cost of	12699
designating hospitals as pediatric trauma centers under section	12700
3727.081 of the Revised Code and to establish and administer a	12701
child highway safety program. The purpose of the program shall be	12702
to educate the public about child restraint systems and booster	12703
seats and the importance of their proper use. The program also	12704
shall include a process for providing child restraint systems and	12705
booster seats to persons who meet the eligibility criteria	12706
established by the department, and a toll-free telephone number	12707
the public may utilize to obtain information about child restraint	12708
systems and booster seats, and their proper use.	12709

(J) The director of health, in accordance with Chapter 119.	12710
of the Revised Code, shall adopt any rules necessary to carry out	12711
this section, including rules establishing the criteria a person	12712
must meet in order to receive a child restraint system or booster	12713
seat under the department's child highway safety program; provided	12714
that rules relating to the verification of pediatric trauma	12715
centers shall not be adopted under this section.	12716

(K) Nothing in this section shall be construed to require any	12717
person to carry with the person the birth certificate of a child	12718
to prove the age of the child, but the production of a valid birth	12719
certificate for a child showing that the child was not of an age	12720
to which this section applies is a defense against any ticket,	12721
citation, or summons issued for violating this section.	12722

(L)(1) Whoever violates division (A), (B), (C), or (D) of	12723
this section shall be punished as follows, provided that the	12724
failure of an operator of a motor vehicle to secure more than one	12725
child in a child restraint system, booster seat, or occupant	12726
restraining device as required by this section that occurred at	12727
the same time, on the same day, and at the same location is deemed	12728
to be a single violation of this section:	12729

(a) Except as otherwise provided in division (L)(1)(b) of	12730
this section, the offender is guilty of a minor misdemeanor and	12731
shall be fined not less than twenty-five dollars nor more than	12732
seventy-five dollars.	12733

(b) If the offender previously has been convicted of or	12734
pleaded guilty to a violation of division (A), (B), (C), or (D) of	12735
this section or of a municipal ordinance that is substantially	12736
similar to any of those divisions, the offender is guilty of a	12737
misdemeanor of the fourth degree.	12738

(2) All fines imposed pursuant to division (L)(1) of this	12739
section shall be forwarded to the treasurer of state for deposit	12740
in the child highway safety fund created by division (I) of this	12741
section.	12742

Sec. 5101.29. When contained in a record held by the	12743
department of job and family services or a county agency, the	12744
following are not public records for purposes of section 149.43 of	12745
the Revised Code:	12746

(A) Names and other identifying information regarding	12747
children enrolled in or attending a child day-care center or home	12748
subject to licensure~~, certification,~~ or registration under Chapter	12749
5104. of the Revised Code;	12750

(B) Names and other identifying information regarding	12751
children placed with an institution or association certified under	12752
section 5103.03 of the Revised Code;	12753

(C) Names and other identifying information regarding a	12754
person who makes an oral or written complaint regarding an	12755
institution, association, child day-care center, or home subject	12756
to licensure~~, certification,~~ or registration to the department or	12757
other state or county entity responsible for enforcing Chapter	12758
5103. or 5104. of the Revised Code;	12759

(D)(1) Except as otherwise provided in division (D)(2) of	12760
this section, names, documentation, and other identifying	12761
information regarding a foster caregiver or a prospective foster	12762
caregiver, including the foster caregiver application for	12763
certification under section 5103.03 of the Revised Code and the	12764
home study conducted pursuant to section 5103.0324 of the Revised	12765
Code.	12766

(2) Notwithstanding division (D)(1) of this section, the	12767
following are public records for the purposes of section 149.43 of	12768
the Revised Code, when contained in a record held by the	12769
department of job and family services, a county agency, or other	12770
governmental entity:	12771

(a) All of the following information regarding a currently	12772
certified foster caregiver who has had a foster care certificate	12773
revoked pursuant to Chapter 5103. of the Revised Code or, after	12774
receiving a current or current renewed certificate has been	12775
convicted of, pleaded guilty to, or indicted or otherwise charged	12776
with any offense described in division (C)(1) of section 2151.86	12777
of the Revised Code:	12778

(i) The foster caregiver's name, date of birth, and county of	12779
residence;	12780

(ii) The date of the foster caregiver's certification;

12781

(iii) The date of each placement of a foster child into the	12782
foster caregiver's home;	12783

(iv) If applicable, the date of the removal of a foster child	12784
from the foster caregiver's home and the reason for the foster	12785
child's removal unless release of such information would be	12786
detrimental to the foster child or other children residing in the	12787
foster caregiver's home;	12788

(v) If applicable, the date of the foster care certificate	12789
revocation and all documents related to the revocation unless	12790
otherwise not a public record pursuant to section 149.43 of the	12791
Revised Code.	12792

(b) Nonidentifying foster care statistics including, but not	12793
limited to, the number of foster caregivers and foster care	12794
certificate revocations.	12795

Sec. 5103.03. (A) The director of job and family services	12796
shall adopt rules as necessary for the adequate and competent	12797
management of institutions or associations. The director shall	12798
ensure that foster care home study rules adopted under this	12799
section align any home study content, time period, and process	12800
with any home study content, time period, and process required by	12801
rules adopted under section 3107.033 of the Revised Code.	12802

(B)(1) Except for facilities under the control of the	12803
department of youth services, places of detention for children	12804
established and maintained pursuant to sections 2152.41 to 2152.44	12805
of the Revised Code, and child day-care centers subject to Chapter	12806
5104. of the Revised Code, the department of job and family	12807
services every two years shall pass upon the fitness of every	12808
institution and association that receives, or desires to receive	12809
and care for children, or places children in private homes.	12810

(2) When the department of job and family services is	12811
satisfied as to the care given such children, and that the	12812
requirements of the statutes and rules covering the management of	12813
such institutions and associations are being complied with, it	12814
shall issue to the institution or association a certificate to	12815
that effect. A certificate is valid for two years, unless sooner	12816
revoked by the department. When determining whether an institution	12817
or association meets a particular requirement for certification,	12818
the department may consider the institution or association to have	12819
met the requirement if the institution or association shows to the	12820
department's satisfaction that it has met a comparable requirement	12821
to be accredited by a nationally recognized accreditation	12822
organization.	12823

(3) The department may issue a temporary certificate valid	12824
for less than one year authorizing an institution or association	12825
to operate until minimum requirements have been met.	12826

(4) An institution or association that knowingly makes a	12827
false statement that is included as a part of certification under	12828
this section is guilty of the offense of falsification under	12829
section 2921.13 of the Revised Code and the department shall not	12830
certify that institution or association.	12831

(5) The department shall not issue a certificate to a	12832
prospective foster home or prospective specialized foster home	12833
pursuant to this section if the prospective foster home or	12834
prospective specialized foster home operates as a type A family	12835
day-care home pursuant to Chapter 5104. of the Revised Code. The	12836
department shall not issue a certificate to a prospective	12837
specialized foster home if the prospective specialized foster home	12838
operates a type B family day-care home pursuant to Chapter 5104.	12839
of the Revised Code.	12840

(C) The department may revoke a certificate if it finds that	12841
the institution or association is in violation of law or rule. No	12842
juvenile court shall commit a child to an association or	12843
institution that is required to be certified under this section if	12844
its certificate has been revoked or, if after revocation, the date	12845
of reissue is less than fifteen months prior to the proposed	12846
commitment.	12847

(D) Every two years, on a date specified by the department,	12848
each institution or association desiring certification or	12849
recertification shall submit to the department a report showing	12850
its condition, management, competency to care adequately for the	12851
children who have been or may be committed to it or to whom it	12852
provides care or services, the system of visitation it employs for	12853
children placed in private homes, and other information the	12854
department requires:.	12855

(E) The department shall, not less than once each year, send	12856
a list of certified institutions and associations to each juvenile	12857
court and certified association or institution.	12858

(F) No person shall receive children or receive or solicit	12859
money on behalf of such an institution or association not so	12860
certified or whose certificate has been revoked.	12861

(G)(1) The director may delegate by rule any duties imposed	12862
on it by this section to inspect and approve family foster homes	12863
and specialized foster homes to public children services agencies,	12864
private child placing agencies, or private noncustodial agencies.	12865

(2) The director shall adopt rules that require a foster	12866
caregiver or other individual certified to operate a foster home	12867
under this section to notify the recommending agency that the	12868
foster caregiver or other individual is ~~certified~~licensed to	12869
operate a type B family day-care home under Chapter 5104. of the	12870
Revised Code.	12871

(H) If the director of job and family services determines	12872
that an institution or association that cares for children is	12873
operating without a certificate, the director may petition the	12874
court of common pleas in the county in which the institution or	12875
association is located for an order enjoining its operation. The	12876
court shall grant injunctive relief upon a showing that the	12877
institution or association is operating without a certificate.	12878

(I) If both of the following are the case, the director of	12879
job and family services may petition the court of common pleas of	12880
any county in which an institution or association that holds a	12881
certificate under this section operates for an order, and the	12882
court may issue an order, preventing the institution or	12883
association from receiving additional children into its care or an	12884
order removing children from its care:	12885

(1) The department has evidence that the life, health, or	12886
safety of one or more children in the care of the institution or	12887
association is at imminent risk.	12888

(2) The department has issued a proposed adjudication order	12889
pursuant to Chapter 119. of the Revised Code to deny renewal of or	12890
revoke the certificate of the institution or association.	12891

Sec. 5104.01. As used in this chapter:

12892

(A) "Administrator" means the person responsible for the	12893
daily operation of a center or, type A home, or type B home. The	12894
administrator and the owner may be the same person.	12895

(B) "Approved child day camp" means a child day camp approved	12896
pursuant to section 5104.22 of the Revised Code.	12897

(C) ~~"Authorized provider" means a person authorized by a~~	12898
~~county director of job and family services to operate a certified~~	12899
~~type B family day-care home.~~	12900

~~(D)~~ "Border state child care provider" means a child care	12901
provider that is located in a state bordering Ohio and that is	12902
licensed, certified, or otherwise approved by that state to	12903
provide child care.	12904

~~(E)~~(D) "Career pathways model" means an alternative pathway	12905
to meeting the requirements to be a child-care staff member or	12906
administrator that does both of the following:	12907

(1) Uses a framework approved by the director of job and	12908
family services to document formal education, training,	12909
experience, and specialized credentials and certifications;	12910

(2) Allows the child-care staff member or administrator to	12911
achieve a designation as an early childhood professional level	12912
one, two, three, four, five, or six.	12913

~~(F)~~(E) "Caretaker parent" means the father or mother of a	12914
child whose presence in the home is needed as the caretaker of the	12915
child, a person who has legal custody of a child and whose	12916
presence in the home is needed as the caretaker of the child, a	12917
guardian of a child whose presence in the home is needed as the	12918
caretaker of the child, and any other person who stands in loco	12919
parentis with respect to the child and whose presence in the home	12920
is needed as the caretaker of the child.	12921

~~(G) "Certified type B family day-care home" and "certified~~	12922
~~type B home" mean a type B family day-care home that is certified~~	12923
~~by the director of the county department of job and family~~	12924
~~services pursuant to section 5104.11 of the Revised Code to~~	12925
~~receive public funds for providing child care pursuant to this~~	12926
~~chapter and any rules adopted under it.~~	12927

~~(H)~~(F) "Chartered nonpublic school" means a school that meets	12928
standards for nonpublic schools prescribed by the state board of	12929
education for nonpublic schools pursuant to section 3301.07 of the	12930
Revised Code.	12931

~~(I)~~(G) "Child" includes an infant, toddler, preschool-age	12932
child, or school-age child.	12933

~~(J)~~(H) "Child care block grant act" means the "Child Care and	12934
Development Block Grant Act of 1990," established in section 5082	12935
of the "Omnibus Budget Reconciliation Act of 1990," 104 Stat.	12936
1388-236 (1990), 42 U.S.C. 9858, as amended.	12937

~~(K)~~(I) "Child day camp" means a program in which only	12938
school-age children attend or participate, that operates for no	12939
more than seven hours per day, that operates only during one or	12940
more public school district's regular vacation periods or for no	12941
more than fifteen weeks during the summer, and that operates	12942
outdoor activities for each child who attends or participates in	12943
the program for a minimum of fifty per cent of each day that	12944
children attend or participate in the program, except for any day	12945
when hazardous weather conditions prevent the program from	12946
operating outdoor activities for a minimum of fifty per cent of	12947
that day. For purposes of this division, the maximum seven hours	12948
of operation time does not include transportation time from a	12949
child's home to a child day camp and from a child day camp to a	12950
child's home.	12951

~~(L)~~(J) "Child care" means administering to the needs of	12952
infants, toddlers, preschool-age children, and school-age children	12953
outside of school hours by persons other than their parents or	12954
guardians, custodians, or relatives by blood, marriage, or	12955
adoption for any part of the twenty-four-hour day in a place or	12956
residence other than a child's own home.	12957

~~(M)~~(K) "Child day-care center" and "center" mean any place in	12958
which child care or publicly funded child care is provided for	12959
thirteen or more children at one time or any place that is not the	12960
permanent residence of the licensee or administrator in which	12961
child care or publicly funded child care is provided for seven to	12962
twelve children at one time. In counting children for the purposes	12963
of this division, any children under six years of age who are	12964
related to a licensee, administrator, or employee and who are on	12965
the premises of the center shall be counted. "Child day-care	12966
center" and "center" do not include any of the following:	12967

(1) A place located in and operated by a hospital, as defined	12968
in section 3727.01 of the Revised Code, in which the needs of	12969
children are administered to, if all the children whose needs are	12970
being administered to are monitored under the on-site supervision	12971
of a physician licensed under Chapter 4731. of the Revised Code or	12972
a registered nurse licensed under Chapter 4723. of the Revised	12973
Code, and the services are provided only for children who, in the	12974
opinion of the child's parent, guardian, or custodian, are	12975
exhibiting symptoms of a communicable disease or other illness or	12976
are injured;	12977

(2) A child day camp;

12978

(3) A place that provides child care, but not publicly funded	12979
child care, if all of the following apply:	12980

(a) An organized religious body provides the child care;

12981

(b) A parent, custodian, or guardian of at least one child	12982
receiving child care is on the premises and readily accessible at	12983
all times;	12984

(c) The child care is not provided for more than thirty days	12985
a year;	12986

(d) The child care is provided only for preschool-age and	12987
school-age children.	12988

~~(N)~~(L) "Child care resource and referral service	12989
organization" means a community-based nonprofit organization that	12990
provides child care resource and referral services but not child	12991
care.	12992

~~(O)~~(M) "Child care resource and referral services" means all	12993
of the following services:	12994

(1) Maintenance of a uniform data base of all child care	12995
providers in the community that are in compliance with this	12996
chapter, including current occupancy and vacancy data;	12997

(2) Provision of individualized consumer education to	12998
families seeking child care;	12999

(3) Provision of timely referrals of available child care	13000
providers to families seeking child care;	13001

(4) Recruitment of child care providers;

13002

(5) Assistance in the development, conduct, and dissemination	13003
of training for child care providers and provision of technical	13004
assistance to current and potential child care providers,	13005
employers, and the community;	13006

(6) Collection and analysis of data on the supply of and	13007
demand for child care in the community;	13008

(7) Technical assistance concerning locally, state, and	13009
federally funded child care and early childhood education	13010
programs;	13011

(8) Stimulation of employer involvement in making child care	13012
more affordable, more available, safer, and of higher quality for	13013
their employees and for the community;	13014

(9) Provision of written educational materials to caretaker	13015
parents and informational resources to child care providers;	13016

(10) Coordination of services among child care resource and	13017
referral service organizations to assist in developing and	13018
maintaining a statewide system of child care resource and referral	13019
services if required by the department of job and family services;	13020

(11) Cooperation with the county department of job and family	13021
services in encouraging the establishment of parent cooperative	13022
child care centers and parent cooperative type A family day-care	13023
homes.	13024

~~(P)~~(N) "Child-care staff member" means an employee of a child	13025
day-care center or type A family day-care home who is primarily	13026
responsible for the care and supervision of children. The	13027
administrator may be a part-time child-care staff member when not	13028
involved in other duties.	13029

~~(Q)~~(O) "Drop-in child day-care center," "drop-in center,"	13030
"drop-in type A family day-care home," and "drop-in type A home"	13031
mean a center or type A home that provides child care or publicly	13032
funded child care for children on a temporary, irregular basis.	13033

~~(R)~~(P) "Employee" means a person who either:

13034

(1) Receives compensation for duties performed in a child	13035
day-care center or type A family day-care home;	13036

(2) Is assigned specific working hours or duties in a child	13037
day-care center or type A family day-care home.	13038

~~(S)~~(Q) "Employer" means a person, firm, institution,	13039
organization, or agency that operates a child day-care center or	13040
type A family day-care home subject to licensure under this	13041
chapter.	13042

~~(T)~~(R) "Federal poverty line" means the official poverty	13043
guideline as revised annually in accordance with section 673(2) of	13044
the "Omnibus Budget Reconciliation Act of 1981," 95 Stat. 511, 42	13045
U.S.C. 9902, as amended, for a family size equal to the size of	13046
the family of the person whose income is being determined.	13047

~~(U)~~(S) "Head start program" means a comprehensive child	13048
development program that receives funds distributed under the	13049
"Head Start Act," 95 Stat. 499 (1981), 42 U.S.C.A. 9831, as	13050
amended, and is licensed as a child day-care center.	13051

~~(V)~~(T) "Income" means gross income, as defined in section	13052
5107.10 of the Revised Code, less any amounts required by federal	13053
statutes or regulations to be disregarded.	13054

~~(W)~~(U) "Indicator checklist" means an inspection tool, used	13055
in conjunction with an instrument-based program monitoring	13056
information system, that contains selected licensing requirements	13057
that are statistically reliable indicators or predictors of a	13058
child day-care ~~center or~~center's type A family day-care home's,	13059
or licensed type B family day-care home's compliance with	13060
licensing requirements.	13061

~~(X)~~(V) "Infant" means a child who is less than eighteen	13062
months of age.	13063

~~(Y)~~(W) "In-home aide" means a person who does not reside with	13064
the child but provides care in the child's home and is certified	13065
by a county director of job and family services pursuant to	13066
section 5104.12 of the Revised Code to provide publicly funded	13067
child care to a child in a child's own home pursuant to this	13068
chapter and any rules adopted under it.	13069

~~(Z)~~(X) "Instrument-based program monitoring information	13070
system" means a method to assess compliance with licensing	13071
requirements for child day-care centers ~~and~~, type A family	13072
day-care homes, and licensed type B family day-care homes in which	13073
each licensing requirement is assigned a weight indicative of the	13074
relative importance of the requirement to the health, growth, and	13075
safety of the children that is used to develop an indicator	13076
checklist.	13077

~~(AA)~~(Y) "License capacity" means the maximum number in each	13078
age category of children who may be cared for in a child day-care	13079
center or type A family day-care home at one time as determined by	13080
the director of job and family services considering building	13081
occupancy limits established by the department of commerce, amount	13082
of available indoor floor space and outdoor play space, and amount	13083
of available play equipment, materials, and supplies. For the	13084
purposes of a provisional license issued under this chapter, the	13085
director shall also consider the number of available child-care	13086
staff members when determining "license capacity" for the	13087
provisional license.	13088

~~(BB)~~(Z) "Licensed child care program" means any of the	13089
following:	13090

(1) A child day-care center licensed by the department of job	13091
and family services pursuant to this chapter;	13092

(2) A type A family day-care home or type B family day-care	13093
home licensed by the department of job and family services	13094
pursuant to this chapter;	13095

(3) ~~A type B family day-care home certified by a county~~	13096
~~department of job and family services pursuant to this chapter;~~	13097

~~(4)~~ A licensed preschool program or licensed school child	13098
program.	13099

~~(CC)~~(AA) "Licensed preschool program" or "licensed school	13100
child program" means a preschool program or school child program,	13101
as defined in section 3301.52 of the Revised Code, that is	13102
licensed by the department of education pursuant to sections	13103
3301.52 to 3301.59 of the Revised Code.	13104

~~(DD)~~(BB) "Licensed type B family day-care home" and "licensed	13105
type B home" mean a type B family day-care home for which there is	13106
a valid license issued by the director of job and family services	13107
pursuant to section 5104.03 of the Revised Code.	13108

(CC) "Licensee" means the owner of a child day-care center	13109
or, type A family day-care home, or type B family day-care home	13110
that is licensed pursuant to this chapter and who is responsible	13111
for ensuring its compliance with this chapter and rules adopted	13112
pursuant to this chapter.	13113

~~(EE)~~(DD) "Operate a child day camp" means to operate,	13114
establish, manage, conduct, or maintain a child day camp.	13115

~~(FF)~~(EE) "Owner" includes a person, as defined in section	13116
1.59 of the Revised Code, or government entity.	13117

~~(GG)~~(FF) "Parent cooperative child day-care center," "parent	13118
cooperative center," "parent cooperative type A family day-care	13119
home," and "parent cooperative type A home" mean a corporation or	13120
association organized for providing educational services to the	13121
children of members of the corporation or association, without	13122
gain to the corporation or association as an entity, in which the	13123
services of the corporation or association are provided only to	13124
children of the members of the corporation or association,	13125
ownership and control of the corporation or association rests	13126
solely with the members of the corporation or association, and at	13127
least one parent-member of the corporation or association is on	13128
the premises of the center or type A home during its hours of	13129
operation.	13130

~~(HH)~~(GG) "Part-time child day-care center," "part-time	13131
center," "part-time type A family day-care home," and "part-time	13132
type A home" mean a center or type A home that provides child care	13133
or publicly funded child care for no more than four hours a day	13134
for any child.	13135

~~(II)~~(HH) "Place of worship" means a building where activities	13136
of an organized religious group are conducted and includes the	13137
grounds and any other buildings on the grounds used for such	13138
activities.	13139

~~(JJ)~~(II) "Preschool-age child" means a child who is three	13140
years old or older but is not a school-age child.	13141

~~(KK)~~(JJ) "Protective child care" means publicly funded child	13142
care for the direct care and protection of a child to whom either	13143
of the following applies:	13144

(1) A case plan prepared and maintained for the child	13145
pursuant to section 2151.412 of the Revised Code indicates a need	13146
for protective care and the child resides with a parent,	13147
stepparent, guardian, or another person who stands in loco	13148
parentis as defined in rules adopted under section 5104.38 of the	13149
Revised Code;	13150

(2) The child and the child's caretaker either temporarily	13151
reside in a facility providing emergency shelter for homeless	13152
families or are determined by the county department of job and	13153
family services to be homeless, and are otherwise ineligible for	13154
publicly funded child care.	13155

~~(LL)~~(KK) "Publicly funded child care" means administering to	13156
the needs of infants, toddlers, preschool-age children, and	13157
school-age children under age thirteen during any part of the	13158
twenty-four-hour day by persons other than their caretaker parents	13159
for remuneration wholly or in part with federal or state funds,	13160
including funds available under the child care block grant act,	13161
Title IV-A, and Title XX, distributed by the department of job and	13162
family services.	13163

~~(MM)~~(LL) "Religious activities" means any of the following:	13164
worship or other religious services; religious instruction; Sunday	13165
school classes or other religious classes conducted during or	13166
prior to worship or other religious services; youth or adult	13167
fellowship activities; choir or other musical group practices or	13168
programs; meals; festivals; or meetings conducted by an organized	13169
religious group.	13170

~~(NN)~~(MM) "School-age child" means a child who is enrolled in	13171
or is eligible to be enrolled in a grade of kindergarten or above	13172
but is less than fifteen years old.	13173

~~(OO)~~(NN) "School-age child care center" and "school-age child	13174
type A home" mean a center or type A home that provides child care	13175
for school-age children only and that does either or both of the	13176
following:	13177

(1) Operates only during that part of the day that	13178
immediately precedes or follows the public school day of the	13179
school district in which the center or type A home is located;	13180

(2) Operates only when the public schools in the school	13181
district in which the center or type A home is located are not	13182
open for instruction with pupils in attendance.	13183

~~(PP)~~(OO) "Serious risk noncompliance" means a licensure or	13184
certification rule violation that leads to a great risk of harm	13185
to, or death of, a child, and is observable, not inferable.	13186

~~(QQ)~~(PP) "State median income" means the state median income	13187
calculated by the department of development pursuant to division	13188
(A)(1)(g) of section 5709.61 of the Revised Code.	13189

~~(RR)~~(QQ) "Title IV-A" means Title IV-A of the "Social	13190
Security Act," 110 Stat. 2113 (1996), 42 U.S.C. 601, as amended.	13191

~~(SS)~~(RR) "Title XX" means Title XX of the "Social Security	13192
Act," 88 Stat. 2337 (1974), 42 U.S.C. 1397, as amended.	13193

~~(TT)~~(SS) "Toddler" means a child who is at least eighteen	13194
months of age but less than three years of age.	13195

~~(UU)~~(TT) "Type A family day-care home" and "type A home" mean	13196
a permanent residence of the administrator in which child care or	13197
publicly funded child care is provided for seven to twelve	13198
children at one time or a permanent residence of the administrator	13199
in which child care is provided for four to twelve children at one	13200
time if four or more children at one time are under two years of	13201
age. In counting children for the purposes of this division, any	13202
children under six years of age who are related to a licensee,	13203
administrator, or employee and who are on the premises of the type	13204
A home shall be counted. "Type A family day-care home" and "type A	13205
home" do not include any child day camp.	13206

~~(VV)~~(UU) "Type B family day-care home" and "type B home" mean	13207
a permanent residence of the provider in which child care is	13208
provided for one to six children at one time and in which no more	13209
than three children are under two years of age at one time. In	13210
counting children for the purposes of this division, any children	13211
under six years of age who are related to the provider and who are	13212
on the premises of the type B home shall be counted. "Type B	13213
family day-care home" and "type B home" do not include any child	13214
day camp.	13215

Sec. 5104.012. (A)(1) At the times specified in this	13216
division, the administrator of a child day-care center or a type A	13217
family day-care home shall request the superintendent of the	13218
bureau of criminal identification and investigation to conduct a	13219
criminal records check with respect to any applicant who has	13220
applied to the center or type A home for employment as a person	13221
responsible for the care, custody, or control of a child.	13222

The administrator shall request a criminal records check	13223
pursuant to this division at the time of the applicant's initial	13224
application for employment and every four years thereafter. When	13225
the administrator requests pursuant to this division a criminal	13226
records check for an applicant at the time of the applicant's	13227
initial application for employment, the administrator shall	13228
request that the superintendent obtain information from the	13229
federal bureau of investigation as a part of the criminal records	13230
check for the applicant, including fingerprint-based checks of	13231
national crime information databases as described in 42 U.S.C.	13232
671, for the person subject to the criminal records check. In all	13233
other cases in which the administrator requests a criminal records	13234
check for an applicant pursuant to this division, the	13235
administrator may request that the superintendent include	13236
information from the federal bureau of investigation in the	13237
criminal records check, including fingerprint-based checks of	13238
national crime information databases as described in 42 U.S.C.	13239
671.	13240

(2) A person required by division (A)(1) of this section to	13241
request a criminal records check shall provide to each applicant a	13242
copy of the form prescribed pursuant to division (C)(1) of section	13243
109.572 of the Revised Code, provide to each applicant a standard	13244
impression sheet to obtain fingerprint impressions prescribed	13245
pursuant to division (C)(2) of section 109.572 of the Revised	13246
Code, obtain the completed form and impression sheet from each	13247
applicant, and forward the completed form and impression sheet to	13248
the superintendent of the bureau of criminal identification and	13249
investigation at the time the person requests a criminal records	13250
check pursuant to division (A)(1) of this section. On and after	13251
August 14, 2008, the administrator of a child day-care center or a	13252
type A family day-care home shall review the results of the	13253
criminal records check before the applicant has sole	13254
responsibility for the care, custody, or control of any child.	13255

(3) An applicant who receives pursuant to division (A)(2) of	13256
this section a copy of the form prescribed pursuant to division	13257
(C)(1) of section 109.572 of the Revised Code and a copy of an	13258
impression sheet prescribed pursuant to division (C)(2) of that	13259
section and who is requested to complete the form and provide a	13260
set of fingerprint impressions shall complete the form or provide	13261
all the information necessary to complete the form and shall	13262
provide the impression sheet with the impressions of the	13263
applicant's fingerprints. If an applicant, upon request, fails to	13264
provide the information necessary to complete the form or fails to	13265
provide impressions of the applicant's fingerprints, the center or	13266
type A home shall not employ that applicant for any position for	13267
which a criminal records check is required by division (A)(1) of	13268
this section.	13269

(B)(1) Except as provided in rules adopted under division (E)	13270
of this section, no child day-care center or type A family	13271
day-care home shall employ or contract with another entity for the	13272
services of a person as a person responsible for the care,	13273
custody, or control of a child if the person previously has been	13274
convicted of or pleaded guilty to any of the violations described	13275
in division (A)(9) of section 109.572 of the Revised Code.	13276

(2) A child day-care center or type A family day-care home	13277
may employ an applicant conditionally until the criminal records	13278
check required by this section is completed and the center or home	13279
receives the results of the criminal records check. If the results	13280
of the criminal records check indicate that, pursuant to division	13281
(B)(1) of this section, the applicant does not qualify for	13282
employment, the center or home shall release the applicant from	13283
employment.	13284

(C)(1) Each child day-care center and type A family day-care	13285
home shall pay to the bureau of criminal identification and	13286
investigation the fee prescribed pursuant to division (C)(3) of	13287
section 109.572 of the Revised Code for each criminal records	13288
check conducted in accordance with that section upon the request	13289
pursuant to division (A)(1) of this section of the administrator	13290
or provider of the center or home.	13291

(2) A child day-care center and type A family day-care home	13292
may charge an applicant a fee for the costs it incurs in obtaining	13293
a criminal records check under this section. A fee charged under	13294
this division shall not exceed the amount of fees the center or	13295
home pays under division (C)(1) of this section. If a fee is	13296
charged under this division, the center or home shall notify the	13297
applicant at the time of the applicant's initial application for	13298
employment of the amount of the fee and that, unless the fee is	13299
paid, the center or type A home will not consider the applicant	13300
for employment.	13301

(D) The report of any criminal records check conducted by the	13302
bureau of criminal identification and investigation in accordance	13303
with section 109.572 of the Revised Code and pursuant to a request	13304
under division (A)(1) of this section is not a public record for	13305
the purposes of section 149.43 of the Revised Code and shall not	13306
be made available to any person other than the applicant who is	13307
the subject of the criminal records check or the applicant's	13308
representative; the center or type A home requesting the criminal	13309
records check or its representative; the department of job and	13310
family services or a county department of job and family services;	13311
and any court, hearing officer, or other necessary individual	13312
involved in a case dealing with the denial of employment to the	13313
applicant.	13314

(E) The director of job and family services shall adopt rules	13315
pursuant to Chapter 119. of the Revised Code to implement this	13316
section, including rules specifying circumstances under which a	13317
center or home may hire a person who has been convicted of an	13318
offense listed in division (B)(1) of this section but who meets	13319
standards in regard to rehabilitation set by the department.	13320

(F) Any person required by division (A)(1) of this section to	13321
request a criminal records check shall inform each person, at the	13322
time of the person's initial application for employment, that the	13323
person is required to provide a set of impressions of the person's	13324
fingerprints and that a criminal records check is required to be	13325
conducted and satisfactorily completed in accordance with section	13326
109.572 of the Revised Code if the person comes under final	13327
consideration for appointment or employment as a precondition to	13328
employment for that position.	13329

(G) As used in this section:

13330

(1) "Applicant" means a person who is under final	13331
consideration for appointment to or employment in a position with	13332
a child day-care center or a type A family day-care home as a	13333
person responsible for the care, custody, or control of a child;	13334
~~an in-home aide certified pursuant to section 5104.12 of the~~	13335
~~Revised Code;~~ or any person who would serve in any position with a	13336
child day-care center or a type A family day-care home as a person	13337
responsible for the care, custody, or control of a child pursuant	13338
to a contract with another entity.	13339

(2) "Criminal records check" has the same meaning as in	13340
section 109.572 of the Revised Code.	13341

Sec. 5104.013. (A)(1) At the times specified in division	13342
(A)(3) of this section, the director of job and family services,	13343
as part of the process of licensure of child day-care centers ~~and~~,	13344
type A family day-care homes, and licensed type B family day-care	13345
homes shall request the superintendent of the bureau of criminal	13346
identification and investigation to conduct a criminal records	13347
check with respect to the following persons:	13348

(a) Any owner, licensee, or administrator of a child day-care	13349
center;	13350

(b) Any owner, licensee, or administrator of a type A family	13351
day-care home and any person eighteen years of age or older who	13352
resides in a type A family day-care home.;	13353

~~(2) At the times specified in division (A)(3) of this~~	13354
~~section, the director of a county department of job and family~~	13355
~~services, as part of the process of certification of type B family~~	13356
~~day-care homes, shall request the superintendent of the bureau of~~	13357
~~criminal identification and investigation to conduct a criminal~~	13358
~~records check with respect to any authorized provider~~(c) Any	13359
administrator of a ~~certified~~licensed type B family day-care home	13360
and any person eighteen years of age or older who resides in a	13361
~~certified~~licensed type B family day-care home.	13362

(2) At the time specified in division (A)(3) of this section,	13363
the director of a county department of job and family services, as	13364
part of the process of certification of in-home aides, shall	13365
request the superintendent of the bureau of criminal	13366
identification and investigation to conduct a criminal records	13367
check with respect to any in-home aide.	13368

(3) The director of job and family services shall request a	13369
criminal records check pursuant to division (A)(1) of this section	13370
at the time of the initial application for licensure and every	13371
four years thereafter. The director of a county department of job	13372
and family services shall request a criminal records check	13373
pursuant to division (A)(2) of this section at the time of the	13374
initial application for certification and every four years	13375
thereafter ~~at the time of a certification renewal~~. When the	13376
director of job and family services or the director of a county	13377
department of job and family services requests pursuant to	13378
division (A)(1) or (2) of this section a criminal records check	13379
for a person at the time of the person's initial application for	13380
licensure or certification, the director shall request that the	13381
superintendent of the bureau of criminal identification and	13382
investigation obtain information from the federal bureau of	13383
investigation as a part of the criminal records check for the	13384
person, including fingerprint-based checks of national crime	13385
information databases as described in 42 U.S.C. 671 for the person	13386
subject to the criminal records check. In all other cases in which	13387
the director of job and family services or the director of a	13388
county department of job and family services requests a criminal	13389
records check for an applicant pursuant to division (A)(1) or (2)	13390
of this section, the director may request that the superintendent	13391
include information from the federal bureau of investigation in	13392
the criminal records check, including fingerprint-based checks of	13393
national crime information databases as described in 42 U.S.C.	13394
671.	13395

(4) The director of job and family services shall review the	13396
results of a criminal records check subsequent to a request made	13397
pursuant to divisions (A)(1) and (3) of this section prior to	13398
approval of a license. The director of a county department of job	13399
and family services shall review the results of a criminal records	13400
check subsequent to a request made pursuant to divisions (A)(2)	13401
and (3) of this section prior to approval of certification.	13402

(B) The director of job and family services or the director	13403
of a county department of job and family services shall provide to	13404
each person for whom a criminal records check is required under	13405
this section a copy of the form prescribed pursuant to division	13406
(C)(1) of section 109.572 of the Revised Code and a standard	13407
impression sheet to obtain fingerprint impressions prescribed	13408
pursuant to division (C)(2) of that section, obtain the completed	13409
form and impression sheet from that person, and forward the	13410
completed form and impression sheet to the superintendent of the	13411
bureau of criminal identification and investigation.	13412

(C) A person who receives pursuant to division (B) of this	13413
section a copy of the form and standard impression sheet described	13414
in that division and who is requested to complete the form and	13415
provide a set of fingerprint impressions shall complete the form	13416
or provide all the information necessary to complete the form and	13417
shall provide the impression sheet with the impressions of the	13418
person's fingerprints. If the person, upon request, fails to	13419
provide the information necessary to complete the form or fails to	13420
provide impressions of the person's fingerprints, the director may	13421
consider the failure as a reason to deny licensure or	13422
certification.	13423

(D) Except as provided in rules adopted under division (G) of	13424
this section, the director of job and family services shall not	13425
grant a license to a child day-care center or, type A family	13426
day-care home ~~and a county director of job and family services~~	13427
~~shall not certify a~~, or type B family day-care home and a county	13428
director of job and family services shall not certify an in-home	13429
aide if a person for whom a criminal records check was required in	13430
connection with the center or home previously has been convicted	13431
of or pleaded guilty to any of the violations described in	13432
division (A)(9) of section 109.572 of the Revised Code.	13433

(E) Each child day-care center, type A family day-care home,	13434
and type B family day-care home shall pay to the bureau of	13435
criminal identification and investigation the fee prescribed	13436
pursuant to division (C)(3) of section 109.572 of the Revised Code	13437
for each criminal records check conducted in accordance with that	13438
section upon a request made pursuant to division (A) of this	13439
section.	13440

(F) The report of any criminal records check conducted by the	13441
bureau of criminal identification and investigation in accordance	13442
with section 109.572 of the Revised Code and pursuant to a request	13443
made under division (A) of this section is not a public record for	13444
the purposes of section 149.43 of the Revised Code and shall not	13445
be made available to any person other than the person who is the	13446
subject of the criminal records check or the person's	13447
representative, the director of job and family services, the	13448
director of a county department of job and family services, the	13449
center, type A home, or type B home involved, and any court,	13450
hearing officer, or other necessary individual involved in a case	13451
dealing with a denial of licensure or certification related to the	13452
criminal records check.	13453

(G) The director of job and family services shall adopt rules	13454
~~pursuant to~~in accordance with Chapter 119. of the Revised Code to	13455
implement this section, including rules specifying exceptions to	13456
the prohibition in division (D) of this section for persons who	13457
have been convicted of an offense listed in that division but who	13458
meet standards in regard to rehabilitation set by the ~~department~~	13459
director.	13460

(H) As used in this section, "criminal records check" has the	13461
same meaning as in section 109.572 of the Revised Code.	13462

~~Sec. 5104.011.~~ Sec. 5104.015. ~~(A)~~ The director of job and family	13463
services shall adopt rules ~~pursuant to~~in accordance with Chapter	13464
119. of the Revised Code governing the operation of child day-care	13465
centers, including~~, but not limited to,~~ parent cooperative	13466
centers, part-time centers, drop-in centers, and school-age child	13467
care centers~~, which~~. The rules shall reflect the various forms of	13468
child care and the needs of children receiving child care or	13469
publicly funded child care and shall include specific rules for	13470
school-age child care centers that are developed in consultation	13471
with the department of education. The rules shall not require an	13472
existing school facility that is in compliance with applicable	13473
building codes to undergo an additional building code inspection	13474
or to have structural modifications. The rules shall include the	13475
following:	13476

~~(1)~~(A) Submission of a site plan and descriptive plan of	13477
operation to demonstrate how the center proposes to meet the	13478
requirements of this chapter and rules adopted pursuant to this	13479
chapter for the initial license application;	13480

~~(2)~~(B) Standards for ensuring that the physical surroundings	13481
of the center are safe and sanitary including~~, but not limited to,~~	13482
the physical environment, the physical plant, and the equipment of	13483
the center;	13484

~~(3)~~(C) Standards for the supervision, care, and discipline of	13485
children receiving child care or publicly funded child care in the	13486
center;	13487

~~(4)~~(D) Standards for a program of activities, and for play	13488
equipment, materials, and supplies, to enhance the development of	13489
each child; however, any educational curricula, philosophies, and	13490
methodologies that are developmentally appropriate and that	13491
enhance the social, emotional, intellectual, and physical	13492
development of each child shall be permissible. As used in this	13493
division, "program" does not include instruction in religious or	13494
moral doctrines, beliefs, or values that is conducted at child	13495
day-care centers owned and operated by churches and does include	13496
methods of disciplining children at child day-care centers.	13497

~~(5)~~(E) Admissions policies and procedures, health care	13498
policies and procedures, including~~, but not limited to,~~ procedures	13499
for the isolation of children with communicable diseases, first	13500
aid and emergency procedures, procedures for discipline and	13501
supervision of children, standards for the provision of nutritious	13502
meals and snacks, and procedures for screening children and	13503
employees, that may include any necessary physical examinations	13504
and immunizations;	13505

~~(6)~~(F) Methods for encouraging parental participation in the	13506
center and methods for ensuring that the rights of children,	13507
parents, and employees are protected and that responsibilities of	13508
parents and employees are met;	13509

~~(7)~~(G) Procedures for ensuring the safety and adequate	13510
supervision of children traveling off the premises of the center	13511
while under the care of a center employee;	13512

~~(8)~~(H) Procedures for record keeping, organization, and	13513
administration;	13514

~~(9)~~(I) Procedures for issuing, denying, and revoking a	13515
license that are not otherwise provided for in Chapter 119. of the	13516
Revised Code;	13517

~~(10)~~(J) Inspection procedures;

13518

~~(11)~~(K) Procedures and standards for setting initial license	13519
application fees;	13520

~~(12)~~(L) Procedures for receiving, recording, and responding	13521
to complaints about centers;	13522

~~(13)~~(M) Procedures for enforcing section 5104.04 of the	13523
Revised Code;	13524

~~(14)~~(N) A standard requiring the inclusion~~, on and after July~~	13525
~~1, 1987,~~ of a current department of job and family services	13526
toll-free telephone number on each center provisional license or	13527
license which any person may use to report a suspected violation	13528
by the center of this chapter or rules adopted pursuant to this	13529
chapter;	13530

~~(15)~~(O) Requirements for the training of administrators and	13531
child-care staff members in first aid, in prevention, recognition,	13532
and management of communicable diseases, and in child abuse	13533
recognition and prevention. Training requirements for child	13534
day-care centers adopted under this division shall be consistent	13535
with ~~divisions (B)(6) and (C)(1) of this section~~sections 5104.034	13536
and 5104.037 of the Revised Code.	13537

~~(16)~~(P) Standards providing for the special needs of children	13538
who are handicapped or who require treatment for health conditions	13539
while the child is receiving child care or publicly funded child	13540
care in the center;	13541

~~(17)~~(Q) A procedure for reporting of injuries of children	13542
that occur at the center;	13543

~~(18)~~(R) Standards for licensing child day-care centers for	13544
children with short-term illnesses and other temporary medical	13545
conditions;	13546

(S) Any other procedures and standards necessary to carry out	13547
the provisions of this chapter regarding child day-care centers.	13548

~~(B)(1) The child day-care center shall have, for each child~~	13549
~~for whom the center is licensed, at least thirty-five square feet~~	13550
~~of usable indoor floor space wall-to-wall regularly available for~~	13551
~~the child care operation exclusive of any parts of the structure~~	13552
~~in which the care of children is prohibited by law or by rules~~	13553
~~adopted by the board of building standards. The minimum of~~	13554
~~thirty-five square feet of usable indoor floor space shall not~~	13555
~~include hallways, kitchens, storage areas, or any other areas that~~	13556
~~are not available for the care of children, as determined by the~~	13557
~~director, in meeting the space requirement of this division, and~~	13558
~~bathrooms shall be counted in determining square footage only if~~	13559
~~they are used exclusively by children enrolled in the center,~~	13560
~~except that the exclusion of hallways, kitchens, storage areas,~~	13561
~~bathrooms not used exclusively by children enrolled in the center,~~	13562
~~and any other areas not available for the care of children from~~	13563
~~the minimum of thirty-five square feet of usable indoor floor~~	13564
~~space shall not apply to:~~	13565

~~(a) Centers licensed prior to or on September 1, 1986, that~~	13566
~~continue under licensure after that date;~~	13567

~~(b) Centers licensed prior to or on September 1, 1986, that~~	13568
~~are issued a new license after that date solely due to a change of~~	13569
~~ownership of the center.~~	13570

~~(2) The child day-care center shall have on the site a safe~~	13571
~~outdoor play space which is enclosed by a fence or otherwise~~	13572
~~protected from traffic or other hazards. The play space shall~~	13573
~~contain not less than sixty square feet per child using such space~~	13574
~~at any one time, and shall provide an opportunity for supervised~~	13575
~~outdoor play each day in suitable weather. The director may exempt~~	13576
~~a center from the requirement of this division, if an outdoor play~~	13577
~~space is not available and if all of the following are met:~~	13578

~~(a) The center provides an indoor recreation area that has~~	13579
~~not less than sixty square feet per child using the space at any~~	13580
~~one time, that has a minimum of one thousand four hundred forty~~	13581
~~square feet of space, and that is separate from the indoor space~~	13582
~~required under division (B)(1) of this section.~~	13583

~~(b) The director has determined that there is regularly~~	13584
~~available and scheduled for use a conveniently accessible and safe~~	13585
~~park, playground, or similar outdoor play area for play or~~	13586
~~recreation.~~	13587

~~(c) The children are closely supervised during play and while~~	13588
~~traveling to and from the area.~~	13589

~~The director also shall exempt from the requirement of this~~	13590
~~division a child day-care center that was licensed prior to~~	13591
~~September 1, 1986, if the center received approval from the~~	13592
~~director prior to September 1, 1986, to use a park, playground, or~~	13593
~~similar area, not connected with the center, for play or~~	13594
~~recreation in lieu of the outdoor space requirements of this~~	13595
~~section and if the children are closely supervised both during~~	13596
~~play and while traveling to and from the area and except if the~~	13597
~~director determines upon investigation and inspection pursuant to~~	13598
~~section 5104.04 of the Revised Code and rules adopted pursuant to~~	13599
~~that section that the park, playground, or similar area, as well~~	13600
~~as access to and from the area, is unsafe for the children.~~	13601

~~(3) The child day-care center shall have at least two~~	13602
~~responsible adults available on the premises at all times when~~	13603
~~seven or more children are in the center. The center shall~~	13604
~~organize the children in the center in small groups, shall provide~~	13605
~~child-care staff to give continuity of care and supervision to the~~	13606
~~children on a day-by-day basis, and shall ensure that no child is~~	13607
~~left alone or unsupervised. Except as otherwise provided in~~	13608
~~division (E) of this section, the maximum number of children per~~	13609
~~child-care staff member and maximum group size, by age category of~~	13610
~~children, are as follows:~~	13611

	~~Maximum Number of~~		13612
	~~Children Per~~	~~Maximum~~	13613
~~Age Category~~	~~Child-Care~~	~~Group~~	13614
~~of Children~~	~~Staff Member~~	~~Size~~	13615
~~(a) Infants:~~			13616
~~(i) Less than twelve~~			13617
~~months old~~	~~5:1, or~~		13618
	~~12:2 if two~~		13619
	~~child-care~~		13620
	~~staff members~~		13621
	~~are in the room~~	12	13622
~~(ii) At least twelve~~			13623
~~months old, but~~			13624
~~less than eighteen~~			13625
~~months old~~	~~6:1~~	12	13626
~~(b) Toddlers:~~			13627
~~(i) At least eighteen~~			13628
~~months old, but~~			13629
~~less than thirty~~			13630
~~months old~~	~~7:1~~	14	13631
~~(ii) At least thirty months~~			13632
~~old, but less than~~			13633
~~three years old~~	~~8:1~~	16	13634
~~(c) Preschool~~			13635
~~children:~~			13636
~~(i) Three years old~~	~~12:1~~	24	13637
~~(ii) Four years old and~~			13638
~~five years old who~~			13639
~~are not school~~			13640
~~children~~	~~14:1~~	28	13641
~~(d) School children:~~			13642
~~(i) A child who is~~			13643
~~enrolled in or is~~			13644
~~eligible to be~~			13645
~~enrolled in a grade~~			13646
~~of kindergarten~~			13647
~~or above, but~~			13648
~~is less than~~			13649
~~eleven years old~~	~~18:1~~	36	13650
~~(ii) Eleven through fourteen~~			13651
~~years old~~	~~20:1~~	40	13652

~~Except as otherwise provided in division (E) of this section,~~	13653
~~the maximum number of children per child-care staff member and~~	13654
~~maximum group size requirements of the younger age group shall~~	13655
~~apply when age groups are combined.~~	13656

~~(C)(1) Each child day-care center shall have on the center~~	13657
~~premises and readily available at all times at least one~~	13658
~~child-care staff member who has completed a course in first aid,~~	13659
~~one staff member who has completed a course in prevention,~~	13660
~~recognition, and management of communicable diseases which is~~	13661
~~approved by the state department of health, and a staff member who~~	13662
~~has completed a course in child abuse recognition and prevention~~	13663
~~training which is approved by the department of job and family~~	13664
~~services.~~	13665

~~(2) The administrator of each child day-care center shall~~	13666
~~maintain enrollment, health, and attendance records for all~~	13667
~~children attending the center and health and employment records~~	13668
~~for all center employees. The records shall be confidential,~~	13669
~~except that they shall be disclosed by the administrator to the~~	13670
~~director upon request for the purpose of administering and~~	13671
~~enforcing this chapter and rules adopted pursuant to this chapter.~~	13672
~~Neither the center nor the licensee, administrator, or employees~~	13673
~~of the center shall be civilly or criminally liable in damages or~~	13674
~~otherwise for records disclosed to the director by the~~	13675
~~administrator pursuant to this division. It shall be a defense to~~	13676
~~any civil or criminal charge based upon records disclosed by the~~	13677
~~administrator to the director that the records were disclosed~~	13678
~~pursuant to this division.~~	13679

~~(3)(a) Any parent who is the residential parent and legal~~	13680
~~custodian of a child enrolled in a child day-care center and any~~	13681
~~custodian or guardian of such a child shall be permitted unlimited~~	13682
~~access to the center during its hours of operation for the~~	13683
~~purposes of contacting their children, evaluating the care~~	13684
~~provided by the center, evaluating the premises of the center, or~~	13685
~~for other purposes approved by the director. A parent of a child~~	13686
~~enrolled in a child day-care center who is not the child's~~	13687
~~residential parent shall be permitted unlimited access to the~~	13688
~~center during its hours of operation for those purposes under the~~	13689
~~same terms and conditions under which the residential parent of~~	13690
~~that child is permitted access to the center for those purposes.~~	13691
~~However, the access of the parent who is not the residential~~	13692
~~parent is subject to any agreement between the parents and, to the~~	13693
~~extent described in division (C)(3)(b) of this section, is subject~~	13694
~~to any terms and conditions limiting the right of access of the~~	13695
~~parent who is not the residential parent, as described in division~~	13696
~~(I) of section 3109.051 of the Revised Code, that are contained in~~	13697
~~a parenting time order or decree issued under that section,~~	13698
~~section 3109.12 of the Revised Code, or any other provision of the~~	13699
~~Revised Code.~~	13700

~~(b) If a parent who is the residential parent of a child has~~	13701
~~presented the administrator or the administrator's designee with a~~	13702
~~copy of a parenting time order that limits the terms and~~	13703
~~conditions under which the parent who is not the residential~~	13704
~~parent is to have access to the center, as described in division~~	13705
~~(I) of section 3109.051 of the Revised Code, the parent who is not~~	13706
~~the residential parent shall be provided access to the center only~~	13707
~~to the extent authorized in the order. If the residential parent~~	13708
~~has presented such an order, the parent who is not the residential~~	13709
~~parent shall be permitted access to the center only in accordance~~	13710
~~with the most recent order that has been presented to the~~	13711
~~administrator or the administrator's designee by the residential~~	13712
~~parent or the parent who is not the residential parent.~~	13713

~~(c) Upon entering the premises pursuant to division (C)(3)(a)~~	13714
~~or (b) of this section, the parent who is the residential parent~~	13715
~~and legal custodian, the parent who is not the residential parent,~~	13716
~~or the custodian or guardian shall notify the administrator or the~~	13717
~~administrator's designee of the parent's, custodian's, or~~	13718
~~guardian's presence.~~	13719

~~(D) The director of job and family services, in addition to~~	13720
~~the rules adopted under division (A) of this section, shall adopt~~	13721
~~rules establishing minimum requirements for child day-care~~	13722
~~centers. The rules shall include, but not be limited to, the~~	13723
~~requirements set forth in divisions (B) and (C) of this section~~	13724
~~and sections 5104.031, 5104.032, and 5104.033 of the Revised Code.~~	13725
~~Except as provided in section 5104.07 of the Revised Code, the~~	13726
~~rules shall not change the square footage requirements of division~~	13727
~~(B)(1) or (2) of this section; the maximum number of children per~~	13728
~~child-care staff member and maximum group size requirements of~~	13729
~~division (B)(3) of this section; the educational and experience~~	13730
~~requirements of section 5104.031 of the Revised Code; the age,~~	13731
~~educational, and experience requirements of section 5104.032 of~~	13732
~~the Revised Code; the number and type of inservice training hours~~	13733
~~required under section 5104.033 of the Revised Code; however, the~~	13734
~~rules shall provide procedures for determining compliance with~~	13735
~~those requirements.~~	13736

~~(E)(1) When age groups are combined, the maximum number of~~	13737
~~children per child-care staff member shall be determined by the~~	13738
~~age of the youngest child in the group, except that when no more~~	13739
~~than one child thirty months of age or older receives services in~~	13740
~~a group in which all the other children are in the next older age~~	13741
~~group, the maximum number of children per child-care staff member~~	13742
~~and maximum group size requirements of the older age group~~	13743
~~established under division (B)(3) of this section shall apply.~~	13744

~~(2) The maximum number of toddlers or preschool children per~~	13745
~~child-care staff member in a room where children are napping shall~~	13746
~~be twice the maximum number of children per child-care staff~~	13747
~~member established under division (B)(3) of this section if all~~	13748
~~the following criteria are met:~~	13749

~~(a) At least one child-care staff member is present in the~~	13750
~~room.~~	13751

~~(b) Sufficient child-care staff members are on the child~~	13752
~~day-care center premises to meet the maximum number of children~~	13753
~~per child-care staff member requirements established under~~	13754
~~division (B)(3) of this section.~~	13755

~~(c) Naptime preparations are complete and all napping~~	13756
~~children are resting or sleeping on cots.~~	13757

~~(d) The maximum number established under division (E)(2) of~~	13758
~~this section is in effect for no more than two hours during a~~	13759
~~twenty-four-hour day.~~	13760

~~(F) The director of job and family services shall adopt rules~~	13761
~~pursuant to Chapter 119. of the Revised Code governing the~~	13762
~~operation of type A family day-care homes, including, but not~~	13763
~~limited to, parent cooperative type A homes, part-time type A~~	13764
~~homes, drop-in type A homes, and school child type A homes, which~~	13765
~~shall reflect the various forms of child care and the needs of~~	13766
~~children receiving child care. The rules shall include the~~	13767
~~following:~~	13768

~~(1) Submission of a site plan and descriptive plan of~~	13769
~~operation to demonstrate how the type A home proposes to meet the~~	13770
~~requirements of this chapter and rules adopted pursuant to this~~	13771
~~chapter for the initial license application;~~	13772

~~(2) Standards for ensuring that the physical surroundings of~~	13773
~~the type A home are safe and sanitary, including, but not limited~~	13774
~~to, the physical environment, the physical plant, and the~~	13775
~~equipment of the type A home;~~	13776

~~(3) Standards for the supervision, care, and discipline of~~	13777
~~children receiving child care or publicly funded child care in the~~	13778
~~type A home;~~	13779

~~(4) Standards for a program of activities, and for play~~	13780
~~equipment, materials, and supplies, to enhance the development of~~	13781
~~each child; however, any educational curricula, philosophies, and~~	13782
~~methodologies that are developmentally appropriate and that~~	13783
~~enhance the social, emotional, intellectual, and physical~~	13784
~~development of each child shall be permissible;~~	13785

~~(5) Admissions policies and procedures, health care policies~~	13786
~~and procedures, including, but not limited to, procedures for the~~	13787
~~isolation of children with communicable diseases, first aid and~~	13788
~~emergency procedures, procedures for discipline and supervision of~~	13789
~~children, standards for the provision of nutritious meals and~~	13790
~~snacks, and procedures for screening children and employees,~~	13791
~~including, but not limited to, any necessary physical examinations~~	13792
~~and immunizations;~~	13793

~~(6) Methods for encouraging parental participation in the~~	13794
~~type A home and methods for ensuring that the rights of children,~~	13795
~~parents, and employees are protected and that the responsibilities~~	13796
~~of parents and employees are met;~~	13797

~~(7) Procedures for ensuring the safety and adequate~~	13798
~~supervision of children traveling off the premises of the type A~~	13799
~~home while under the care of a type A home employee;~~	13800

~~(8) Procedures for record keeping, organization, and~~	13801
~~administration;~~	13802

~~(9) Procedures for issuing, denying, and revoking a license~~	13803
~~that are not otherwise provided for in Chapter 119. of the Revised~~	13804
~~Code;~~	13805

~~(10) Inspection procedures;~~

13806

~~(11) Procedures and standards for setting initial license~~	13807
~~application fees;~~	13808

~~(12) Procedures for receiving, recording, and responding to~~	13809
~~complaints about type A homes;~~	13810

~~(13) Procedures for enforcing section 5104.04 of the Revised~~	13811
~~Code;~~	13812

~~(14) A standard requiring the inclusion, on or after July 1,~~	13813
~~1987, of a current department of job and family services toll-free~~	13814
~~telephone number on each type A home provisional license or~~	13815
~~license which any person may use to report a suspected violation~~	13816
~~by the type A home of this chapter or rules adopted pursuant to~~	13817
~~this chapter;~~	13818

~~(15) Requirements for the training of administrators and~~	13819
~~child-care staff members in first aid, in prevention, recognition,~~	13820
~~and management of communicable diseases, and in child abuse~~	13821
~~recognition and prevention;~~	13822

~~(16) Standards providing for the special needs of children~~	13823
~~who are handicapped or who require treatment for health conditions~~	13824
~~while the child is receiving child care or publicly funded child~~	13825
~~care in the type A home;~~	13826

~~(17) Standards for the maximum number of children per~~	13827
~~child-care staff member;~~	13828

~~(18) Requirements for the amount of usable indoor floor space~~	13829
~~for each child;~~	13830

~~(19) Requirements for safe outdoor play space;~~

13831

~~(20) Qualifications and training requirements for~~	13832
~~administrators and for child-care staff members;~~	13833

~~(21) Procedures for granting a parent who is the residential~~	13834
~~parent and legal custodian, or a custodian or guardian access to~~	13835
~~the type A home during its hours of operation;~~	13836

~~(22) Standards for the preparation and distribution of a~~	13837
~~roster of parents, custodians, and guardians;~~	13838

~~(23) Any other procedures and standards necessary to carry~~	13839
~~out this chapter.~~	13840

~~(G) The director of job and family services shall adopt rules~~	13841
~~pursuant to Chapter 119. of the Revised Code governing the~~	13842
~~certification of type B family day-care homes.~~	13843

~~(1) The rules shall include all of the following:~~

13844

~~(a) Procedures, standards, and other necessary provisions for~~	13845
~~granting limited certification to type B family day-care homes~~	13846
~~that are operated by the following adult providers:~~	13847

~~(i) Persons who provide child care for eligible children who~~	13848
~~are great-grandchildren, grandchildren, nieces, nephews, or~~	13849
~~siblings of the provider or for eligible children whose caretaker~~	13850
~~parent is a grandchild, child, niece, nephew, or sibling of the~~	13851
~~provider;~~	13852

~~(ii) Persons who provide child care for eligible children all~~	13853
~~of whom are the children of the same caretaker parent;~~	13854

~~(b) Procedures for the director to ensure, that type B homes~~	13855
~~that receive a limited certification provide child care to~~	13856
~~children in a safe and sanitary manner;~~	13857

~~(c) Requirements for the type B home to notify parents with~~	13858
~~children in the type B home that the type B home is also certified~~	13859
~~as a foster home under section 5103.03 of the Revised Code.~~	13860

~~With regard to providers who apply for limited certification,~~	13861
~~a provider shall be granted a provisional limited certification on~~	13862
~~signing a declaration under oath attesting that the provider meets~~	13863
~~the standards for limited certification. Such provisional limited~~	13864
~~certifications shall remain in effect for no more than sixty~~	13865
~~calendar days and shall entitle the provider to offer publicly~~	13866
~~funded child care during the provisional period. Except as~~	13867
~~otherwise provided in division (G)(1) of this section, section~~	13868
~~5104.013 or 5104.09 of the Revised Code, or division (A)(2) of~~	13869
~~section 5104.11 of the Revised Code, prior to the expiration of~~	13870
~~the provisional limited certificate, a county department of job~~	13871
~~and family services shall inspect the home and shall grant limited~~	13872
~~certification to the provider if the provider meets the~~	13873
~~requirements of this division. Limited certificates remain valid~~	13874
~~for two years unless earlier revoked. Except as otherwise provided~~	13875
~~in division (G)(1) of this section, providers operating under~~	13876
~~limited certification shall be inspected annually.~~	13877

~~If a provider is a person described in division (G)(1)(a)(i)~~	13878
~~of this section or a person described in division (G)(1)(a)(ii) of~~	13879
~~this section who is a friend of the caretaker parent, the provider~~	13880
~~and the caretaker parent may verify in writing to the county~~	13881
~~department of job and family services that minimum health and~~	13882
~~safety requirements are being met in the home. Except as otherwise~~	13883
~~provided in section 5104.013 or 5104.09 or in division (A)(2) of~~	13884
~~section 5104.11 of the Revised Code, if such verification is~~	13885
~~provided, the county shall waive any inspection required by this~~	13886
~~chapter and grant limited certification to the provider.~~	13887

~~(2) The rules shall provide for safeguarding the health,~~	13888
~~safety, and welfare of children receiving child care or publicly~~	13889
~~funded child care in a certified type B home and shall include the~~	13890
~~following:~~	13891

~~(a) Standards for ensuring that the type B home and the~~	13892
~~physical surroundings of the type B home are safe and sanitary,~~	13893
~~including, but not limited to, physical environment, physical~~	13894
~~plant, and equipment;~~	13895

~~(b) Standards for the supervision, care, and discipline of~~	13896
~~children receiving child care or publicly funded child care in the~~	13897
~~home;~~	13898

~~(c) Standards for a program of activities, and for play~~	13899
~~equipment, materials, and supplies to enhance the development of~~	13900
~~each child; however, any educational curricula, philosophies, and~~	13901
~~methodologies that are developmentally appropriate and that~~	13902
~~enhance the social, emotional, intellectual, and physical~~	13903
~~development of each child shall be permissible;~~	13904

~~(d) Admission policies and procedures, health care, first aid~~	13905
~~and emergency procedures, procedures for the care of sick~~	13906
~~children, procedures for discipline and supervision of children,~~	13907
~~nutritional standards, and procedures for screening children and~~	13908
~~authorized providers, including, but not limited to, any necessary~~	13909
~~physical examinations and immunizations;~~	13910

~~(e) Methods of encouraging parental participation and~~	13911
~~ensuring that the rights of children, parents, and authorized~~	13912
~~providers are protected and the responsibilities of parents and~~	13913
~~authorized providers are met;~~	13914

~~(f) Standards for the safe transport of children when under~~	13915
~~the care of authorized providers;~~	13916

~~(g) Procedures for issuing, renewing, denying, refusing to~~	13917
~~renew, or revoking certificates;~~	13918

~~(h) Procedures for the inspection of type B homes that~~	13919
~~require, at a minimum, that each type B home be inspected prior to~~	13920
~~certification to ensure that the home is safe and sanitary;~~	13921

~~(i) Procedures for record keeping and evaluation;~~

13922

~~(j) Procedures for receiving, recording, and responding to~~	13923
~~complaints;~~	13924

~~(k) Standards providing for the special needs of children who~~	13925
~~are handicapped or who receive treatment for health conditions~~	13926
~~while the child is receiving child care or publicly funded child~~	13927
~~care in the type B home;~~	13928

~~(l) Requirements for the amount of usable indoor floor space~~	13929
~~for each child;~~	13930

~~(m) Requirements for safe outdoor play space;~~

13931

~~(n) Qualification and training requirements for authorized~~	13932
~~providers;~~	13933

~~(o) Procedures for granting a parent who is the residential~~	13934
~~parent and legal custodian, or a custodian or guardian access to~~	13935
~~the type B home during its hours of operation;~~	13936

~~(p) Requirements for the type B home to notify parents with~~	13937
~~children in the type B home that the type B home is also certified~~	13938
~~as a foster home under section 5103.03 of the Revised Code;~~	13939

~~(q) Any other procedures and standards necessary to carry out~~	13940
~~this chapter.~~	13941

~~(H) The director shall adopt rules pursuant to Chapter 119.~~	13942
~~of the Revised Code governing the certification of in-home aides.~~	13943
~~The rules shall include procedures, standards, and other necessary~~	13944
~~provisions for granting limited certification to in-home aides who~~	13945
~~provide child care for eligible children who are~~	13946
~~great-grandchildren, grandchildren, nieces, nephews, or siblings~~	13947
~~of the in-home aide or for eligible children whose caretaker~~	13948
~~parent is a grandchild, child, niece, nephew, or sibling of the~~	13949
~~in-home aide. The rules shall require, and shall include~~	13950
~~procedures for the director to ensure, that in-home aides that~~	13951
~~receive a limited certification provide child care to children in~~	13952
~~a safe and sanitary manner. The rules shall provide for~~	13953
~~safeguarding the health, safety, and welfare of children receiving~~	13954
~~publicly funded child care in their own home and shall include the~~	13955
~~following:~~	13956

~~(1) Standards for ensuring that the child's home and the~~	13957
~~physical surroundings of the child's home are safe and sanitary,~~	13958
~~including, but not limited to, physical environment, physical~~	13959
~~plant, and equipment;~~	13960

~~(2) Standards for the supervision, care, and discipline of~~	13961
~~children receiving publicly funded child care in their own home;~~	13962

~~(3) Standards for a program of activities, and for play~~	13963
~~equipment, materials, and supplies to enhance the development of~~	13964
~~each child; however, any educational curricula, philosophies, and~~	13965
~~methodologies that are developmentally appropriate and that~~	13966
~~enhance the social, emotional, intellectual, and physical~~	13967
~~development of each child shall be permissible;~~	13968

~~(4) Health care, first aid, and emergency procedures,~~	13969
~~procedures for the care of sick children, procedures for~~	13970
~~discipline and supervision of children, nutritional standards, and~~	13971
~~procedures for screening children and in-home aides, including,~~	13972
~~but not limited to, any necessary physical examinations and~~	13973
~~immunizations;~~	13974

~~(5) Methods of encouraging parental participation and~~	13975
~~ensuring that the rights of children, parents, and in-home aides~~	13976
~~are protected and the responsibilities of parents and in-home~~	13977
~~aides are met;~~	13978

~~(6) Standards for the safe transport of children when under~~	13979
~~the care of in-home aides;~~	13980

~~(7) Procedures for issuing, renewing, denying, refusing to~~	13981
~~renew, or revoking certificates;~~	13982

~~(8) Procedures for inspection of homes of children receiving~~	13983
~~publicly funded child care in their own homes;~~	13984

~~(9) Procedures for record keeping and evaluation;~~

13985

~~(10) Procedures for receiving, recording, and responding to~~	13986
~~complaints;~~	13987

~~(11) Qualifications and training requirements for in-home~~	13988
~~aides;~~	13989

~~(12) Standards providing for the special needs of children~~	13990
~~who are handicapped or who receive treatment for health conditions~~	13991
~~while the child is receiving publicly funded child care in the~~	13992
~~child's own home;~~	13993

~~(13) Any other procedures and standards necessary to carry~~	13994
~~out this chapter.~~	13995

~~(I) To the extent that any rules adopted for the purposes of~~	13996
~~this section require a health care professional to perform a~~	13997
~~physical examination, the rules shall include as a health care~~	13998
~~professional a physician assistant, a clinical nurse specialist, a~~	13999
~~certified nurse practitioner, or a certified nurse-midwife.~~	14000

~~(J)(1) The director of job and family services shall do all~~	14001
~~of the following:~~	14002

~~(a) Provide or make available in either paper or electronic~~	14003
~~form to each licensee notice of proposed rules governing the~~	14004
~~licensure of child day-care centers and type A homes;~~	14005

~~(b) Give public notice of hearings regarding the rules to~~	14006
~~each licensee at least thirty days prior to the date of the public~~	14007
~~hearing, in accordance with section 119.03 of the Revised Code;~~	14008

~~(c) At least thirty days before the effective date of a rule,~~	14009
~~provide, in either paper or electronic form, a copy of the adopted~~	14010
~~rule to each licensee.~~	14011

~~(2) The director shall do all of the following:~~

14012

~~(a) Send to each county director of job and family services a~~	14013
~~notice of proposed rules governing the certification of type B~~	14014
~~family homes and in-home aides that includes an internet web site~~	14015
~~address where the proposed rules can be viewed;~~	14016

~~(b) Give public notice of hearings regarding the proposed~~	14017
~~rules not less than thirty days in advance;~~	14018

~~(c) Provide to each county director of job and family~~	14019
~~services an electronic copy of each adopted rule at least~~	14020
~~forty-five days prior to the rule's effective date.~~	14021

~~(3) The county director of job and family services shall~~	14022
~~provide or make available in either paper or electronic form to~~	14023
~~each authorized provider and in-home aide copies of proposed rules~~	14024
~~and shall give public notice of hearings regarding the rules to~~	14025
~~each authorized provider and in-home aide at least thirty days~~	14026
~~prior to the date of the public hearing, in accordance with~~	14027
~~section 119.03 of the Revised Code. At least thirty days before~~	14028
~~the effective date of a rule, the county director of job and~~	14029
~~family services shall provide, in either paper or electronic form,~~	14030
~~copies of the adopted rule to each authorized provider and in-home~~	14031
~~aide.~~	14032

~~(4) Additional copies of proposed and adopted rules shall be~~	14033
~~made available by the director of job and family services to the~~	14034
~~public on request at no charge.~~	14035

~~(5) The director of job and family services may adopt rules~~	14036
~~pursuant to Chapter 119. of the Revised Code for imposing~~	14037
~~sanctions on persons and entities that are licensed or certified~~	14038
~~under this chapter. Sanctions may be imposed only for an action or~~	14039
~~omission that constitutes a serious risk noncompliance. The~~	14040
~~sanctions imposed shall be based on the scope and severity of the~~	14041
~~violations.~~	14042

~~The director shall make a dispute resolution process~~	14043
~~available for the implementation of sanctions. The process may~~	14044
~~include an opportunity for appeal pursuant to Chapter 119. of the~~	14045
~~Revised Code.~~	14046

~~(6) The director of job and family services shall adopt rules~~	14047
~~pursuant to Chapter 119. of the Revised Code that establish~~	14048
~~standards for the training of individuals whom any county~~	14049
~~department of job and family services employs, with whom any~~	14050
~~county department of job and family services contracts, or with~~	14051
~~whom the director of job and family services contracts, to inspect~~	14052
~~or investigate type B family day-care homes pursuant to section~~	14053
~~5104.11 of the Revised Code. The department shall provide training~~	14054
~~in accordance with those standards for individuals in the~~	14055
~~categories described in this division.~~	14056

~~(K) The director of job and family services shall review all~~	14057
~~rules adopted pursuant to this chapter at least once every seven~~	14058
~~years.~~	14059

~~(L) Notwithstanding any provision of the Revised Code, the~~	14060
~~director of job and family services shall not regulate in any way~~	14061
~~under this chapter or rules adopted pursuant to this chapter,~~	14062
~~instruction in religious or moral doctrines, beliefs, or values.~~	14063

Sec. 5104.016. The director of job and family services, in	14064
addition to the rules adopted under section 5104.015 of the	14065
Revised Code, shall adopt rules establishing minimum requirements	14066
for child day-care centers. The rules shall include the	14067
requirements set forth in sections 5104.032 to 5104.037 of the	14068
Revised Code. Except as provided in section 5104.07 of the Revised	14069
Code, the rules shall not change the square footage requirements	14070
of section 5104.032 of the Revised Code; the maximum number of	14071
children per child-care staff member and maximum group size	14072
requirements of section 5104.033 of the Revised Code; the	14073
educational and experience requirements of section 5104.035 of the	14074
Revised Code; the age, educational, and experience requirements of	14075
section 5104.036 of the Revised Code; the number and type of	14076
inservice training hours required under section 5104.037 of the	14077
Revised Code; however, the rules shall provide procedures for	14078
determining compliance with those requirements.	14079

Sec. 5104.017. The director of job and family services shall	14080
adopt rules pursuant to Chapter 119. of the Revised Code governing	14081
the operation of type A family day-care homes, including parent	14082
cooperative type A homes, part-time type A homes, drop-in type A	14083
homes, and school-age child type A homes. The rules shall reflect	14084
the various forms of child care and the needs of children	14085
receiving child care. The rules shall include the following:	14086

(A) Submission of a site plan and descriptive plan of	14087
operation to demonstrate how the type A home proposes to meet the	14088
requirements of this chapter and rules adopted pursuant to this	14089
chapter for the initial license application;	14090

(B) Standards for ensuring that the physical surroundings of	14091
the type A home are safe and sanitary, including the physical	14092
environment, the physical plant, and the equipment of the type A	14093
home;	14094

(C) Standards for the supervision, care, and discipline of	14095
children receiving child care or publicly funded child care in the	14096
type A home;	14097

(D) Standards for a program of activities, and for play	14098
equipment, materials, and supplies, to enhance the development of	14099
each child; however, any educational curricula, philosophies, and	14100
methodologies that are developmentally appropriate and that	14101
enhance the social, emotional, intellectual, and physical	14102
development of each child shall be permissible;	14103

(E) Admissions policies and procedures, health care policies	14104
and procedures, including procedures for the isolation of children	14105
with communicable diseases, first aid and emergency procedures,	14106
procedures for discipline and supervision of children, standards	14107
for the provision of nutritious meals and snacks, and procedures	14108
for screening children and employees, including any necessary	14109
physical examinations and immunizations;	14110

(F) Methods for encouraging parental participation in the	14111
type A home and methods for ensuring that the rights of children,	14112
parents, and employees are protected and that the responsibilities	14113
of parents and employees are met;	14114

(G) Procedures for ensuring the safety and adequate	14115
supervision of children traveling off the premises of the type A	14116
home while under the care of a type A home employee;	14117

(H) Procedures for record keeping, organization, and	14118
administration;	14119

(I) Procedures for issuing, denying, and revoking a license	14120
that are not otherwise provided for in Chapter 119. of the Revised	14121
Code;	14122

(J) Inspection procedures;

14123

(K) Procedures and standards for setting initial license	14124
application fees;	14125

(L) Procedures for receiving, recording, and responding to	14126
complaints about type A homes;	14127

(M) Procedures for enforcing section 5104.04 of the Revised	14128
Code;	14129

(N) A standard requiring the inclusion of a current	14130
department of job and family services toll-free telephone number	14131
on each type A home license that any person may use to report a	14132
suspected violation by the type A home of this chapter or rules	14133
adopted pursuant to this chapter;	14134

(O) Requirements for the training of administrators and	14135
child-care staff members in first aid, in prevention, recognition,	14136
and management of communicable diseases, and in child abuse	14137
recognition and prevention;	14138

(P) Standards providing for the special needs of children who	14139
are handicapped or who require treatment for health conditions	14140
while the child is receiving child care or publicly funded child	14141
care in the type A home;	14142

(Q) Standards for the maximum number of children per	14143
child-care staff member;	14144

(R) Requirements for the amount of usable indoor floor space	14145
for each child;	14146

(S) Requirements for safe outdoor play space;

14147

(T) Qualifications and training requirements for	14148
administrators and for child-care staff members;	14149

(U) Procedures for granting a parent who is the residential	14150
parent and legal custodian, or a custodian or guardian access to	14151
the type A home during its hours of operation;	14152

(V) Standards for the preparation and distribution of a	14153
roster of parents, custodians, and guardians;	14154

(W) Any other procedures and standards necessary to carry out	14155
the provisions of this chapter regarding type A homes.	14156

Sec. 5104.018. The director of job and family services shall	14157
adopt rules in accordance with Chapter 119. of the Revised Code	14158
governing the licensure of type B family day-care homes. The rules	14159
shall provide for safeguarding the health, safety, and welfare of	14160
children receiving child care or publicly funded child care in a	14161
licensed type B family day-care home and shall include all of the	14162
following:	14163

(A) Requirements for the type B home to notify parents with	14164
children in the type B home that the type B home is certified as a	14165
foster home under section 5103.03 of the Revised Code.	14166

(B) Standards for ensuring that the type B home and the	14167
physical surroundings of the type B home are safe and sanitary,	14168
including physical environment, physical plant, and equipment;	14169

(C) Standards for the supervision, care, and discipline of	14170
children receiving child care or publicly funded child care in the	14171
home;	14172

(D) Standards for a program of activities, and for play	14173
equipment, materials, and supplies to enhance the development of	14174
each child; however, any educational curricula, philosophies, and	14175
methodologies that are developmentally appropriate and that	14176
enhance the social, emotional, intellectual, and physical	14177
development of each child shall be permissible;	14178

(E) Admission policies and procedures, health care, first aid	14179
and emergency procedures, procedures for the care of sick	14180
children, procedures for discipline and supervision of children,	14181
nutritional standards, and procedures for screening children and	14182
administrators, including any necessary physical examinations and	14183
immunizations;	14184

(F) Methods of encouraging parental participation and	14185
ensuring that the rights of children, parents, and administrators	14186
are protected and the responsibilities of parents and	14187
administrators are met;	14188

(G) Standards for the safe transport of children when under	14189
the care of administrators;	14190

(H) Procedures for issuing, denying, or revoking licenses;

14191

(I) Procedures for the inspection of type B homes that	14192
require, at a minimum, that each type B home be inspected prior to	14193
licensure to ensure that the home is safe and sanitary;	14194

(J) Procedures for record keeping and evaluation;

14195

(K) Procedures for receiving, recording, and responding to	14196
complaints;	14197

(L) Standards providing for the special needs of children who	14198
are handicapped or who receive treatment for health conditions	14199
while the child is receiving child care or publicly funded child	14200
care in the type B home;	14201

(M) Requirements for the amount of usable indoor floor space	14202
for each child;	14203

(N) Requirements for safe outdoor play space;

14204

(O) Qualification and training requirements for	14205
administrators;	14206

(P) Procedures for granting a parent who is the residential	14207
parent and legal custodian, or a custodian or guardian access to	14208
the type B home during its hours of operation;	14209

(Q) Requirements for the type B home to notify parents with	14210
children in the type B home that the type B home is certified as a	14211
foster home under section 5103.03 of the Revised Code;	14212

(R) Any other procedures and standards necessary to carry out	14213
the provisions of this chapter regarding licensure of type B	14214
homes.	14215

Sec. 5104.019. The director of job and family services shall	14216
adopt rules in accordance with Chapter 119. of the Revised Code	14217
governing the certification of in-home aides. The rules shall	14218
provide for safeguarding the health, safety, and welfare of	14219
children receiving publicly funded child care in their own home	14220
and shall include the following:	14221

(A) Standards for ensuring that the child's home and the	14222
physical surroundings of the child's home are safe and sanitary,	14223
including physical environment, physical plant, and equipment;	14224

(B) Standards for the supervision, care, and discipline of	14225
children receiving publicly funded child care in their own home;	14226

(C) Standards for a program of activities, and for play	14227
equipment, materials, and supplies to enhance the development of	14228
each child; however, any educational curricula, philosophies, and	14229
methodologies that are developmentally appropriate and that	14230
enhance the social, emotional, intellectual, and physical	14231
development of each child shall be permissible;	14232

(D) Health care, first aid, and emergency procedures,	14233
procedures for the care of sick children, procedures for	14234
discipline and supervision of children, nutritional standards, and	14235
procedures for screening children and in-home aides, including any	14236
necessary physical examinations and immunizations;	14237

(E) Methods of encouraging parental participation and	14238
ensuring that the rights of children, parents, and in-home aides	14239
are protected and the responsibilities of parents and in-home	14240
aides are met;	14241

(F) Standards for the safe transport of children when under	14242
the care of in-home aides;	14243

(G) Procedures for issuing, renewing, denying, refusing to	14244
renew, or revoking certificates;	14245

(H) Procedures for inspection of homes of children receiving	14246
publicly funded child care in their own homes;	14247

(I) Procedures for record keeping and evaluation;

14248

(J) Procedures for receiving, recording, and responding to	14249
complaints;	14250

(K) Qualifications and training requirements for in-home	14251
aides;	14252

(L) Standards providing for the special needs of children who	14253
are handicapped or who receive treatment for health conditions	14254
while the child is receiving publicly funded child care in the	14255
child's own home;	14256

(M) Any other procedures and standards necessary to carry out	14257
the provisions of this chapter regarding certification of in-home	14258
aides.	14259

Sec. 5104.0110. To the extent that any rules adopted for the	14260
purposes of this chapter require a health care professional to	14261
perform a physical examination, the rules shall include as a	14262
health care professional a physician assistant, a clinical nurse	14263
specialist, a certified nurse practitioner, or a certified	14264
nurse-midwife.	14265

Sec. 5104.0111. (A) The director of job and family services	14266
shall do all of the following:	14267

(1) Provide or make available in either paper or electronic	14268
form to each licensee notice of proposed rules governing the	14269
licensure of child day-care centers, type A homes, and type B	14270
homes;	14271

(2) Give public notice of hearings regarding the proposed	14272
rules at least thirty days prior to the date of the public	14273
hearing, in accordance with section 119.03 of the Revised Code;	14274

(3) At least thirty days before the effective date of a rule,	14275
provide, in either paper or electronic form, a copy of the adopted	14276
rule to each licensee;	14277

(4) Send to each county director of job and family services a	14278
notice of proposed rules governing the certification of in-home	14279
aides that includes an internet web site address where the	14280
proposed rules can be viewed;	14281

(5) Provide to each county director of job and family	14282
services an electronic copy of each adopted rule at least	14283
forty-five days prior to the rule's effective date;	14284

(6) Review all rules adopted pursuant to this chapter at	14285
least once every seven years.	14286

(B) The county director of job and family services shall	14287
provide or make available in either paper or electronic form to	14288
each in-home aide copies of proposed rules and shall give public	14289
notice of hearings regarding the rules to each in-home aide at	14290
least thirty days prior to the date of the public hearing, in	14291
accordance with section 119.03 of the Revised Code. At least	14292
thirty days before the effective date of a rule, the county	14293
director of job and family services shall provide, in either paper	14294
or electronic form, copies of the adopted rule to each in-home	14295
aide.	14296

(C) Additional copies of proposed and adopted rules shall be	14297
made available by the director of job and family services to the	14298
public on request at no charge.	14299

(D) The director of job and family services may adopt rules	14300
in accordance with Chapter 119. of the Revised Code for imposing	14301
sanctions on persons and entities that are licensed or certified	14302
under this chapter. Sanctions may be imposed only for an action or	14303
omission that constitutes a serious risk noncompliance. The	14304
sanctions imposed shall be based on the scope and severity of the	14305
violations.	14306

The director shall make a dispute resolution process	14307
available for the implementation of sanctions. The process may	14308
include an opportunity for appeal pursuant to Chapter 119. of the	14309
Revised Code.	14310

(E) The director of job and family services shall adopt rules	14311
in accordance with Chapter 119. of the Revised Code that establish	14312
standards for the training of individuals who inspect or	14313
investigate type B family day-care homes pursuant to section	14314
5104.03 of the Revised Code. The department shall provide training	14315
in accordance with those standards for individuals in the	14316
categories described in this division.	14317

Sec. 5104.0112. Notwithstanding any provision of the Revised	14318
Code, the director of job and family services shall not regulate	14319
in any way under this chapter or rules adopted pursuant to this	14320
chapter, instruction in religious or moral doctrines, beliefs, or	14321
values.	14322

Sec. 5104.022. ~~The department~~In no case shall the director	14323
of job and family services ~~shall not~~issue a license to operate a	14324
~~prospective~~ type A family day-care home if ~~that prospective~~	14325
~~family day-care~~the type A home is certified ~~to be~~as a foster	14326
home or specialized foster home pursuant to Chapter 5103. of the	14327
Revised Code. ~~A county department of job and family services~~In no	14328
case shall ~~not certify~~the director issue a license to operate a	14329
~~prospective~~ type B family day-care home if ~~that prospective family~~	14330
~~day-care~~the type B home is certified ~~to be~~as a specialized	14331
foster home pursuant to Chapter 5103. of the Revised Code.	14332

Sec. 5104.03. (A) Any person, firm, organization,	14333
institution, or agency ~~desiring~~seeking to establish a child	14334
day-care center or, type A family day-care home, or licensed type	14335
B family day-care home shall apply for a license to the director	14336
of job and family services on such form as the director	14337
prescribes. The director shall provide at no charge to each	14338
applicant for licensure a copy of the child care license	14339
requirements in this chapter and a copy of the rules adopted	14340
pursuant to this chapter. The copies may be provided in paper or	14341
electronic form.	14342

Fees shall be set by the director pursuant to ~~section~~	14343
~~5104.011~~sections 5104.015, 5104.017, and 5104.018 of the Revised	14344
Code and shall be paid at the time of application for a license to	14345
operate a center or, type A home, or type B home. Fees collected	14346
under this section shall be paid into the state treasury to the	14347
credit of the general revenue fund.	14348

(B)(1) Upon filing of the application for a license, the	14349
director shall investigate and inspect the center or, type A home,	14350
or type B home to determine the license capacity for each age	14351
category of children of the center or, type A home, or type B home	14352
and to determine whether the center or, type A home, or type B	14353
home complies with this chapter and rules adopted pursuant to this	14354
chapter. When, after investigation and inspection, the director is	14355
satisfied that this chapter and rules adopted pursuant to it are	14356
complied with, subject to division ~~(G)~~(H) of this section, a	14357
~~provisional~~ license shall be issued as soon as practicable in such	14358
form and manner as prescribed by the director. The license shall	14359
be designated as provisional ~~license~~and shall be valid for	14360
twelve months from the date of issuance unless revoked.	14361

(2) The director may contract with a government entity or a	14362
private nonprofit entity for the entity to inspect and license	14363
type B family day-care homes pursuant to this section. The	14364
department, government entity, or nonprofit entity shall conduct	14365
the inspection prior to the issuance of a license for the type B	14366
home and, as part of that inspection, ensure that the type B home	14367
is safe and sanitary.	14368

(C)(1) On receipt of an application for licensure as a type B	14369
family day-care home to provide publicly funded child care, the	14370
department shall search the uniform statewide automated child	14371
welfare information system for information concerning any abuse or	14372
neglect report made pursuant to section 2151.421 of the Revised	14373
Code of which the applicant, any other adult residing in the	14374
applicant's home, or a person designated by the applicant to be an	14375
emergency or substitute caregiver for the applicant is the	14376
subject.	14377

(2) The department shall consider any information it	14378
discovers pursuant to division (C)(1) of this section or that is	14379
provided by a public children services agency pursuant to section	14380
5153.175 of the Revised Code. If the department determines that	14381
the information, when viewed within the totality of the	14382
circumstances, reasonably leads to the conclusion that the	14383
applicant may directly or indirectly endanger the health, safety,	14384
or welfare of children, the department shall deny the application	14385
for licensure or revoke the license of a type B family day-care	14386
home.	14387

(D) The director shall investigate and inspect the center or,	14388
type A home, or type B home at least once during operation under	14389
~~the~~a license designated as provisional ~~license~~. If after the	14390
investigation and inspection the director determines that the	14391
requirements of this chapter and rules adopted pursuant to this	14392
chapter are met, subject to division ~~(G)~~(H) of this section, the	14393
director shall issue a new license to the center or home.	14394

~~(D) The~~(E) Each license ~~or provisional license~~ shall state	14395
the name of the licensee, the name of the administrator, the	14396
address of the center or, type A home, or licensed type B home,	14397
and the license capacity for each age category of children. The	14398
license ~~or provisional license~~ shall include thereon, in	14399
accordance with ~~section 5104.011~~sections 5104.015, 5104.017, and	14400
5104.018 of the Revised Code, the toll-free telephone number to be	14401
used by persons suspecting that the center or, type A home, or	14402
licensed type B home has violated a provision of this chapter or	14403
rules adopted pursuant to this chapter. A license ~~or provisional~~	14404
~~license~~ is valid only for the licensee, administrator, address,	14405
and license capacity for each age category of children designated	14406
on the license. The license capacity specified on the license or	14407
~~provisional license~~ is the maximum number of children in each age	14408
category that may be cared for in the center or, type A home, or	14409
licensed type B home at one time.	14410

The center or type A home licensee shall notify the director	14411
when the administrator of the center or home changes. The director	14412
shall amend the current license ~~or provisional license~~ to reflect	14413
a change in an administrator, if the administrator meets the	14414
requirements of ~~Chapter 5104. of the Revised Code~~this chapter and	14415
rules adopted pursuant to ~~Chapter 5104. of the Revised Code~~this	14416
chapter, or a change in license capacity for any age category of	14417
children as determined by the director of job and family services.	14418

~~(E)~~(F) If the director revokes the license of a center or, a	14419
type A home, or a type B home, the director shall not issue	14420
another license to the owner of the center or, type A home, or	14421
type B home until five years have elapsed from the date the	14422
license is revoked.	14423

If the director denies an application for a license, the	14424
director shall not accept another application from the applicant	14425
until five years have elapsed from the date the application is	14426
denied.	14427

~~(F)~~(G) If during the application for licensure process the	14428
director determines that the license of the owner has been	14429
revoked, the investigation of the center or, type A home, or type	14430
B home shall cease. This action does not constitute denial of the	14431
application and may not be appealed under division ~~(G)~~(H) of this	14432
section.	14433

~~(G)~~(H) All actions of the director with respect to licensing	14434
centers or, type A homes, or type B homes, refusal to license, and	14435
revocation of a license shall be in accordance with Chapter 119.	14436
of the Revised Code. Any applicant who is denied a license or any	14437
owner whose license is revoked may appeal in accordance with	14438
section 119.12 of the Revised Code.	14439

~~(H)~~(I) In no case shall the director issue a license or	14440
~~provisional license~~ under this section for a ~~type A home or~~	14441
center, type A home, or type B home if the director, based on	14442
documentation provided by the appropriate county department of job	14443
and family services, determines that the applicant ~~previously~~ had	14444
been certified as a type B family day-care home when such	14445
certifications were issued by county departments prior to the	14446
effective date of this amendment, that the county department	14447
revoked that certification, that the revocation was based on the	14448
applicant's refusal or inability to comply with the criteria for	14449
certification, and that the refusal or inability resulted in a	14450
risk to the health or safety of children.	14451

(J)(1) Except as provided in division (J)(2) of this section,	14452
an administrator of a type B family day-care home that receives a	14453
license pursuant to this section to provide publicly funded child	14454
care is an independent contractor and is not an employee of the	14455
department of job and family services.	14456

(2) For purposes of Chapter 4141. of the Revised Code,	14457
determinations concerning the employment of an administrator of a	14458
type B family day-care home that receives a license pursuant to	14459
this section shall be determined under Chapter 4141. of the	14460
Revised Code.	14461

Sec. 5104.032. (A) The child day-care center shall have, for	14462
each child for whom the center is licensed, at least thirty-five	14463
square feet of usable indoor floor space wall-to-wall regularly	14464
available for the child care operation exclusive of any parts of	14465
the structure in which the care of children is prohibited by law	14466
or by rules adopted by the board of building standards. The	14467
minimum of thirty-five square feet of usable indoor floor space	14468
shall not include hallways, kitchens, storage areas, or any other	14469
areas that are not available for the care of children, as	14470
determined by the director, in meeting the space requirement of	14471
this division, and bathrooms shall be counted in determining	14472
square footage only if they are used exclusively by children	14473
enrolled in the center, except that the exclusion of hallways,	14474
kitchens, storage areas, bathrooms not used exclusively by	14475
children enrolled in the center, and any other areas not available	14476
for the care of children from the minimum of thirty-five square	14477
feet of usable indoor floor space shall not apply to:	14478

(1) Centers licensed prior to or on September 1, 1986, that	14479
continue under licensure after that date;	14480

(2) Centers licensed prior to or on September 1, 1986, that	14481
are issued a new license after that date solely due to a change of	14482
ownership of the center.	14483

(B) The child day-care center shall have on the site a safe	14484
outdoor play space which is enclosed by a fence or otherwise	14485
protected from traffic or other hazards. The play space shall	14486
contain not less than sixty square feet per child using such space	14487
at any one time, and shall provide an opportunity for supervised	14488
outdoor play each day in suitable weather. The director may exempt	14489
a center from the requirement of this division, if an outdoor play	14490
space is not available and if all of the following are met:	14491

(1) The center provides an indoor recreation area that has	14492
not less than sixty square feet per child using the space at any	14493
one time, that has a minimum of one thousand four hundred forty	14494
square feet of space, and that is separate from the indoor space	14495
required under division (A) of this section.	14496

(2) The director has determined that there is regularly	14497
available and scheduled for use a conveniently accessible and safe	14498
park, playground, or similar outdoor play area for play or	14499
recreation.	14500

(3) The children are closely supervised during play and while	14501
traveling to and from the area.	14502

The director also shall exempt from the requirement of this	14503
division a child day-care center that was licensed prior to	14504
September 1, 1986, if the center received approval from the	14505
director prior to September 1, 1986, to use a park, playground, or	14506
similar area, not connected with the center, for play or	14507
recreation in lieu of the outdoor space requirements of this	14508
section and if the children are closely supervised both during	14509
play and while traveling to and from the area and except if the	14510
director determines upon investigation and inspection pursuant to	14511
section 5104.04 of the Revised Code and rules adopted pursuant to	14512
that section that the park, playground, or similar area, as well	14513
as access to and from the area, is unsafe for the children.	14514

Sec. 5104.033. A child day-care center shall have at least	14515
two responsible adults available on the premises at all times when	14516
seven or more children are in the center. The center shall	14517
organize the children in the center in small groups, shall provide	14518
child-care staff to give continuity of care and supervision to the	14519
children on a day-by-day basis, and shall ensure that no child is	14520
left alone or unsupervised. Except as otherwise provided in	14521
division (B) of this section, the maximum number of children per	14522
child-care staff member and maximum group size, by age category of	14523
children, are as follows:	14524

	Maximum Number of		14525
	Children Per	Maximum	14526
Age Category	Child-Care	Group	14527
of Children	Staff Member	Size	14528
(a) Infants:			14529
(i) Less than twelve			14530
months old	5:1, or		14531
	12:2 if two		14532
	child-care		14533
	staff members		14534
	are in the room	12	14535
(ii) At least twelve			14536
months old, but			14537
less than eighteen			14538
months old	6:1	12	14539
(b) Toddlers:			14540
(i) At least eighteen			14541
months old, but			14542
less than thirty			14543
months old	7:1	14	14544
(ii) At least thirty months			14545
old, but less than			14546
three years old	8:1	16	14547
(c) Preschool-age			14548
children:			14549
(i) Three years old	12:1	24	14550
(ii) Four years old and			14551
five years old who			14552
are not school			14553
children	14:1	28	14554
(d) School-age children:			14555
(i) A child who is			14556
enrolled in or is			14557
eligible to be			14558
enrolled in a grade			14559
of kindergarten			14560
or above, but			14561
is less than			14562
eleven years old	18:1	36	14563
(ii) Eleven through fourteen			14564
years old	20:1	40	14565

Except as otherwise provided in division (B) of this section,	14566
the maximum number of children per child-care staff member and	14567
maximum group size requirements of the younger age group shall	14568
apply when age groups are combined.	14569

(B)(1) When age groups are combined, the maximum number of	14570
children per child-care staff member shall be determined by the	14571
age of the youngest child in the group, except that when no more	14572
than one child thirty months of age or older receives services in	14573
a group in which all the other children are in the next older age	14574
group, the maximum number of children per child-care staff member	14575
and maximum group size requirements of the older age group	14576
established under division (A) of this section shall apply.	14577

(2) The maximum number of toddlers or preschool-age children	14578
per child-care staff member in a room where children are napping	14579
shall be twice the maximum number of children per child-care staff	14580
member established under division (A) of this section if all the	14581
following criteria are met:	14582

(a) At least one child-care staff member is present in the	14583
room.	14584

(b) Sufficient child-care staff members are on the child	14585
day-care center premises to meet the maximum number of children	14586
per child-care staff member requirements established under	14587
division (A) of this section.	14588

(c) Naptime preparations are complete and all napping	14589
children are resting or sleeping on cots.	14590

(d) The maximum number established under division (B)(2) of	14591
this section is in effect for no more than two hours during a	14592
twenty-four-hour day.	14593

Sec. 5104.034. Each child day-care center shall have on the	14594
center premises and readily available at all times at least one	14595
child-care staff member who has completed a course in first aid,	14596
one staff member who has completed a course in prevention,	14597
recognition, and management of communicable diseases which is	14598
approved by the state department of health, and a staff member who	14599
has completed a course in child abuse recognition and prevention	14600
training which is approved by the department of job and family	14601
services.	14602

~~Sec. 5104.031.~~ Sec. 5104.035. (A) A child day-care center	14603
administrator shall show the director of job and family services	14604
both of the following:	14605

(1) Evidence of at least high school graduation or	14606
certification of high school equivalency by the state board of	14607
education or the appropriate agency of another state;	14608

(2) Evidence of having at least one of the following:

14609

(a) An associate, bachelor's, master's, doctoral, or other	14610
postgraduate degree in child development or early childhood	14611
education, or in a related field approved by the director, from an	14612
accredited college, university, or technical college;	14613

(b) A license designated as appropriate for teaching in an	14614
associate teaching position in a preschool setting issued by the	14615
state board of education pursuant to section 3319.22 of the	14616
Revised Code;	14617

(c) Designation under the career pathways model as an early	14618
childhood professional level three;	14619

(d) Two years of experience working as a child-care staff	14620
member in a licensed child care program, designation under the	14621
career pathways model as an early childhood professional level	14622
one, and, not later than one year after being named as	14623
administrator, designation under the career pathways model as an	14624
early childhood professional level two;	14625

(e) Two years of experience working as a child-care staff	14626
member in a licensed child care program and, except as provided in	14627
division (B) of this section, at least four courses in child	14628
development or early childhood education from an accredited	14629
college, university, or technical college;	14630

(f) Two years of experience working as a child-care staff	14631
member in a licensed child care program and a child development	14632
associate credential issued by the council for professional	14633
recognition;	14634

(g) Two years of training, including at least four courses in	14635
child development or early childhood education from an accredited	14636
college, university, or technical college;	14637

(h) An infant and toddler or early childhood credential from	14638
a program accredited by the Montessori accreditation council for	14639
teacher education.	14640

(B) A person who has two years of experience working as a	14641
child-care staff member in a child day-care center and is promoted	14642
to or designated as administrator of that center shall have one	14643
year from the date of the promotion or designation to complete the	14644
courses required by division (A)(1)(e) of this section.	14645

~~Sec. 5104.032.~~ Sec. 5104.036. (A) All child-care staff members of	14646
a child day-care center shall be at least eighteen years of age,	14647
and shall furnish the director of job and family services evidence	14648
of at least high school graduation or certification of high school	14649
equivalency by the state board of education or the appropriate	14650
agency of another state or evidence of completion of a training	14651
program approved by the department of job and family services or	14652
state board of education, except as follows:	14653

(B) A child-care staff member may be less than eighteen years	14654
of age if the staff member is either of the following:	14655

(1) A graduate of a two-year vocational child-care training	14656
program approved by the state board of education;	14657

(2) A student enrolled in the second year of a vocational	14658
child-care training program approved by the state board of	14659
education which leads to high school graduation, provided that the	14660
student performs the student's duties in the child day-care center	14661
under the continuous supervision of an experienced child-care	14662
staff member, receives periodic supervision from the vocational	14663
child-care training program teacher-coordinator in the student's	14664
high school, and meets all other requirements of this chapter and	14665
rules adopted pursuant to this chapter.	14666

(C) A child-care staff member shall be exempt from the	14667
educational requirements of division (A) of this section if the	14668
staff member:	14669

(1) Prior to January 1, 1972, was employed or designated by a	14670
child day-care center and has been continuously employed since	14671
either by the same child day-care center employer or at the same	14672
child day-care center;	14673

(2) Is a student enrolled in the second year of a vocational	14674
child-care training program approved by the state board of	14675
education which leads to high school graduation, provided that the	14676
student performs the student's duties in the child day-care center	14677
under the continuous supervision of an experienced child-care	14678
staff member, receives periodic supervision from the vocational	14679
child-care training program teacher-coordinator in the student's	14680
high school, and meets all other requirements of this chapter and	14681
rules adopted pursuant to this chapter;	14682

(3) Is receiving or has completed the final year of	14683
instruction at home as authorized under section 3321.04 of the	14684
Revised Code or has graduated from a nonchartered, nonpublic	14685
school in Ohio.	14686

~~Sec. 5104.033.~~ Sec. 5104.037. (A) Except as provided in division	14687
(B) of this section, each child-care staff member of a child	14688
day-care center annually shall complete fifteen hours of inservice	14689
training that includes the following subjects until the staff	14690
member has completed a total of forty-five hours of training:	14691

(1) Child development or early childhood education;

14692

(2) Child abuse recognition and prevention;

14693

(3) First aid;

14694

(4) Prevention, recognition, and management of communicable	14695
diseases.	14696

(B) A child-care staff member is exempt from the inservice	14697
training requirements established by division (A) of this section	14698
if the staff member furnishes one of the following to the director	14699
of job and family services:	14700

(1) Evidence of an associate or higher degree in child	14701
development or early childhood education from an accredited	14702
college, university, or technical college;	14703

(2) A license designated for teaching in an associate	14704
teaching position in a preschool setting issued by the state board	14705
of education;	14706

(3) Evidence of a child development associate credential;

14707

(4) Evidence of an infant and toddler or early childhood	14708
credential from a program accredited by the Montessori	14709
accreditation council for teacher education.	14710

(C) For purposes of this section, each hour of inservice	14711
training shall consist of sixty minutes of training.	14712

Sec. 5104.038. The administrator of each child day-care	14713
center shall maintain enrollment, health, and attendance records	14714
for all children attending the center and health and employment	14715
records for all center employees. The records shall be	14716
confidential, except that they shall be disclosed by the	14717
administrator to the director upon request for the purpose of	14718
administering and enforcing this chapter and rules adopted	14719
pursuant to this chapter. Neither the center nor the licensee,	14720
administrator, or employees of the center shall be civilly or	14721
criminally liable in damages or otherwise for records disclosed to	14722
the director by the administrator pursuant to this division. It	14723
shall be a defense to any civil or criminal charge based upon	14724
records disclosed by the administrator to the director that the	14725
records were disclosed pursuant to this division.	14726

Sec. 5104.039. (A) Any parent who is the residential parent	14727
and legal custodian of a child enrolled in a child day-care center	14728
and any custodian or guardian of such a child shall be permitted	14729
unlimited access to the center during its hours of operation for	14730
the purposes of contacting their children, evaluating the care	14731
provided by the center, evaluating the premises of the center, or	14732
for other purposes approved by the director. A parent of a child	14733
enrolled in a child day-care center who is not the child's	14734
residential parent shall be permitted unlimited access to the	14735
center during its hours of operation for those purposes under the	14736
same terms and conditions under which the residential parent of	14737
that child is permitted access to the center for those purposes.	14738
However, the access of the parent who is not the residential	14739
parent is subject to any agreement between the parents and, to the	14740
extent described in division (B) of this section, is subject to	14741
any terms and conditions limiting the right of access of the	14742
parent who is not the residential parent, as described in division	14743
(I) of section 3109.051 of the Revised Code, that are contained in	14744
a parenting time order or decree issued under that section,	14745
section 3109.12 of the Revised Code, or any other provision of the	14746
Revised Code.	14747

(B) If a parent who is the residential parent of a child has	14748
presented the administrator or the administrator's designee with a	14749
copy of a parenting time order that limits the terms and	14750
conditions under which the parent who is not the residential	14751
parent is to have access to the center, as described in division	14752
(I) of section 3109.051 of the Revised Code, the parent who is not	14753
the residential parent shall be provided access to the center only	14754
to the extent authorized in the order. If the residential parent	14755
has presented such an order, the parent who is not the residential	14756
parent shall be permitted access to the center only in accordance	14757
with the most recent order that has been presented to the	14758
administrator or the administrator's designee by the residential	14759
parent or the parent who is not the residential parent.	14760

(C) Upon entering the premises pursuant to division (A) or	14761
(B) of this section, the parent who is the residential parent and	14762
legal custodian, the parent who is not the residential parent, or	14763
the custodian or guardian shall notify the administrator or the	14764
administrator's designee of the parent's, custodian's, or	14765
guardian's presence.	14766

Sec. 5104.04. (A) The department of job and family services	14767
shall establish procedures to be followed in investigating,	14768
inspecting, and licensing child day-care centers ~~and~~, type A	14769
family day-care homes, and licensed type B family day-care homes.	14770

(B)(1)(a) The department shall, at least once during every	14771
twelve-month period of operation of a center or, type A home, or	14772
licensed type B home, inspect the center or, type A home, or	14773
licensed type B home. The department shall inspect a part-time	14774
center or part-time type A home at least once during every	14775
twelve-month period of operation. The department shall provide a	14776
written inspection report to the licensee within a reasonable time	14777
after each inspection. The licensee shall display all written	14778
reports of inspections conducted during the current licensing	14779
period in a conspicuous place in the center or, type A home, or	14780
licensed type B home.	14781

Inspections may be unannounced. No person, firm,	14782
organization, institution, or agency shall interfere with the	14783
inspection of a center or, type A home, or licensed type B home by	14784
any state or local official engaged in performing duties required	14785
of the state or local official by this chapter or rules adopted	14786
pursuant to this chapter, including inspecting the center or, type	14787
A home, or licensed type B home, reviewing records, or	14788
interviewing licensees, employees, children, or parents.	14789

(b) Upon receipt of any complaint that a center or, type A	14790
home or licensed type B home is out of compliance with the	14791
requirements of this chapter or rules adopted pursuant to this	14792
chapter, the department shall investigate the center or home, and	14793
both of the following apply:	14794

(i) If the complaint alleges that a child suffered physical	14795
harm while receiving child care at the center or home or that the	14796
noncompliance alleged in the complaint involved, resulted in, or	14797
poses a substantial risk of physical harm to a child receiving	14798
child care at the center or home, the department shall inspect the	14799
center or home.	14800

(ii) If division (B)(1)(b)(i) of this section does not apply	14801
regarding the complaint, the department may inspect the center or	14802
home.	14803

(c) Division (B)(1)(b) of this section does not limit,	14804
restrict, or negate any duty of the department to inspect a center	14805
or, type A home, or licensed type B home that otherwise is imposed	14806
under this section, or any authority of the department to inspect	14807
a center or, type A home, or licensed type B home that otherwise	14808
is granted under this section when the department believes the	14809
inspection is necessary and it is permitted under the grant.	14810

(2) If the department implements an instrument-based program	14811
monitoring information system, it may use an indicator checklist	14812
to comply with division (B)(1) of this section.	14813

(3) The department shall contract with a third party by the	14814
first day of October in each even-numbered year to collect	14815
information concerning the amounts charged by the center or home	14816
for providing child care services for use in establishing	14817
reimbursement ceilings and payment pursuant to section 5104.30 of	14818
the Revised Code. The third party shall compile the information	14819
and report the results of the survey to the department not later	14820
than the first day of December in each even-numbered year.	14821

(C) The department may deny an application or revoke a	14822
license of a center or, type A home, or licensed type B home, if	14823
the applicant knowingly makes a false statement on the	14824
application, the center or home does not comply with the	14825
requirements of this chapter or rules adopted pursuant to this	14826
chapter, or the applicant or owner has pleaded guilty to or been	14827
convicted of an offense described in section 5104.09 of the	14828
Revised Code.	14829

(D) If the department finds, after notice and hearing	14830
pursuant to Chapter 119. of the Revised Code, that any applicant,	14831
person, firm, organization, institution, or agency applying for	14832
licensure or licensed under section 5104.03 of the Revised Code is	14833
in violation of any provision of this chapter or rules adopted	14834
pursuant to this chapter, the department may issue an order of	14835
denial to the applicant or an order of revocation to the center	14836
or, type A home, or licensed type B home revoking the license	14837
previously issued by the department. Upon the issuance of such an	14838
order, the person whose application is denied or whose license is	14839
revoked may appeal in accordance with section 119.12 of the	14840
Revised Code.	14841

(E) The surrender of a center or, type A home, or licensed	14842
type B home license to the department or the withdrawal of an	14843
application for licensure by the owner or administrator of the	14844
center or, type A home, or licensed type B home shall not prohibit	14845
the department from instituting any of the actions set forth in	14846
this section.	14847

(F) Whenever the department receives a complaint, is advised,	14848
or otherwise has any reason to believe that a center or type A	14849
home is providing child care without a license issued pursuant to	14850
section 5104.03 and is not exempt from licensing pursuant to	14851
section 5104.02 of the Revised Code, the department shall	14852
investigate the center or type A home and may inspect the areas	14853
children have access to or areas necessary for the care of	14854
children in the center or type A home during suspected hours of	14855
operation to determine whether the center or type A home is	14856
subject to the requirements of this chapter or rules adopted	14857
pursuant to this chapter.	14858

(G) The department, upon determining that the center or type	14859
A home is operating without a license, shall notify the attorney	14860
general, the prosecuting attorney of the county in which the	14861
center or type A home is located, or the city attorney, village	14862
solicitor, or other chief legal officer of the municipal	14863
corporation in which the center or type A home is located, that	14864
the center or type A home is operating without a license. Upon	14865
receipt of the notification, the attorney general, prosecuting	14866
attorney, city attorney, village solicitor, or other chief legal	14867
officer of a municipal corporation shall file a complaint in the	14868
court of common pleas of the county in which the center or type A	14869
home is located requesting that the court grant an order enjoining	14870
the owner from operating the center or type A home in violation of	14871
section 5104.02 of the Revised Code. The court shall grant such	14872
injunctive relief upon a showing that the respondent named in the	14873
complaint is operating a center or type A home and is doing so	14874
without a license.	14875

(H) The department shall prepare an annual report on	14876
inspections conducted under this section. The report shall include	14877
the number of inspections conducted, the number and types of	14878
violations found, and the steps taken to address the violations.	14879
The department shall file the report with the governor, the	14880
president and minority leader of the senate, and the speaker and	14881
minority leader of the house of representatives on or before the	14882
first day of January of each year, beginning in 1999.	14883

Sec. 5104.041. (A) All type A ~~and type B~~ family day-care	14884
homes and licensed type B family day-care homes shall procure and	14885
maintain one of the following:	14886

(1) Liability insurance issued by an insurer authorized to do	14887
business in this state under Chapter 3905. of the Revised Code	14888
insuring the type A or type B family day-care home against	14889
liability arising out of, or in connection with, the operation of	14890
the family day-care home. ~~Liability~~The insurance procured ~~under~~	14891
~~this division~~ shall cover any cause for which the type A or type B	14892
family day-care home would be liable, in the amount of at least	14893
one hundred thousand dollars per occurrence and three hundred	14894
thousand dollars in the aggregate.	14895

(2) A written statement signed by the parent, guardian, or	14896
custodian of each child receiving child care from the type A or	14897
type B family day-care home that states all of the following:	14898

(a) The family day-care home does not carry liability	14899
insurance described in division (A)(1) of this section;	14900

(b) If the licensee of a type A family day-care home or ~~the~~	14901
~~provider of~~ a type B family day-care home is not the owner of the	14902
real property where the family day-care home is located, the	14903
liability insurance, if any, of the owner of the real property may	14904
not provide for coverage of any liability arising out of, or in	14905
connection with, the operation of the family day-care home.	14906

(B) If the licensee of a type A family day-care home or ~~the~~	14907
~~provider of~~ a type B family day-care home is not the owner of the	14908
real property where the family day-care home is located and the	14909
family day-care home procures liability insurance described in	14910
division (A)(1) of this section, that licensee ~~or provider~~ shall	14911
name the owner of the real property as an additional insured party	14912
on the liability insurance policy if all of the following apply:	14913

(1) The owner of the real property requests the licensee or	14914
provider, in writing, to add the owner of the real property to the	14915
liability insurance policy as an additional insured party.	14916

(2) The addition of the owner of the real property does not	14917
result in cancellation or nonrenewal of the insurance policy	14918
procured by the type A or type B family day-care home.	14919

(3) The owner of the real property pays any additional	14920
premium assessed for coverage of the owner of the real property.	14921

(C) Proof of insurance or written statement required under	14922
division (A) of this section shall be maintained at the type A or	14923
type B family day-care home and made available for review during	14924
inspection or investigation as required under this chapter.	14925

(D) The director of job and family services shall adopt rules	14926
for the enforcement of this section.	14927

Sec. 5104.052. The director of job and family services, in	14928
cooperation with the fire marshal pursuant to section 3737.22 of	14929
the Revised Code, shall ~~promulgate~~adopt rules regarding fire	14930
prevention and fire safety in ~~certified~~licensed type B family	14931
day-care homes. In accordance with those rules, the director shall	14932
inspect each type B home that applies to be licensed that is	14933
providing or is to provide publicly funded child care.	14934

Sec. 5104.053. As a precondition of approval by the state	14935
board of education pursuant to section 3313.813 of the Revised	14936
Code for receipt of United States department of agriculture child	14937
and adult care food program funds established under the "National	14938
School Lunch Act," 60 Stat. 230 (1946), 42 U.S.C. 1751, as	14939
amended, the provider of child care in a type B family day-care	14940
home that is not ~~certified~~licensed by the ~~county~~ director of	14941
~~human~~job and family services shall request an inspection of the	14942
type B home by the fire marshal, who shall inspect the type B home	14943
pursuant to section 3737.22 of the Revised Code to determine that	14944
it is in compliance with rules established pursuant to section	14945
5104.052 of the Revised Code for ~~certified~~licensed type B homes.	14946

Sec. 5104.054. Any type B family day-care home, whether	14947
~~certified~~licensed or not ~~certified~~licensed by the ~~county~~	14948
director of ~~human~~job and family services, shall be considered to	14949
be a residential use of property for purposes of municipal,	14950
county, and township zoning and shall be a permitted use in all	14951
zoning districts in which residential uses are permitted. No	14952
municipal, county, or township zoning regulations shall require a	14953
conditional use permit or any other special exception	14954
certification for any such type B family day-care home.	14955

Sec. 5104.06. (A) The director of job and family services	14956
shall provide consultation, technical assistance, and training to	14957
child day-care centers ~~and~~, type A family day-care homes, and type	14958
B family day-care homes to improve programs and facilities	14959
providing child care ~~including, but not limited to,~~. As part of	14960
these activities, the director shall provide assistance in meeting	14961
the requirements of ~~Chapter 5104.~~this chapter and rules adopted	14962
pursuant to ~~Chapter 5104. of the Revised Code~~this chapter and	14963
shall furnish information regarding child abuse identification and	14964
reporting of child abuse.	14965

(B) The director of job and family services shall provide	14966
consultation and technical assistance to county departments of job	14967
and family services to assist the departments with the	14968
implementation of certification of ~~type B family day-care home~~	14969
~~providers and~~ in-home aides.	14970

Sec. 5104.08. (A) There is hereby created in the department	14971
of job and family services a child care advisory council to advise	14972
and assist the department in the administration of this chapter	14973
and in the development of child care. The council shall consist of	14974
twenty-two voting members appointed by the director of job and	14975
family services with the approval of the governor. The director of	14976
job and family services, the director of developmental	14977
disabilities, the director of mental health, the superintendent of	14978
public instruction, the director of health, the director of	14979
commerce, and the state fire marshal shall serve as nonvoting	14980
members of the council.	14981

Six members shall be representatives of child care centers	14982
subject to licensing, the members to represent a variety of	14983
centers, including nonprofit and proprietary, from different	14984
geographical areas of the state. At least three members shall be	14985
parents, guardians, or custodians of children receiving child care	14986
or publicly funded child care in the child's own home, a center, a	14987
type A home, a head start program, a ~~certified~~licensed type B	14988
home, or a type B home at the time of appointment. Three members	14989
shall be representatives of in-home aides, type A homes, ~~certified~~	14990
licensed type B homes, or type B homes or head start programs. At	14991
least six members shall represent county departments of job and	14992
family services. The remaining members shall be representatives of	14993
the teaching, child development, and health professions, and other	14994
individuals interested in the welfare of children. At least six	14995
members of the council shall not be employees or licensees of a	14996
child day-care center, head start program, or type A home, or	14997
providers operating a ~~certified~~licensed type B home or type B	14998
home, or in-home aides.	14999

Appointments shall be for three-year terms. Vacancies shall	15000
be filled for the unexpired terms. A member of the council is	15001
subject to removal by the director of job and family services for	15002
a willful and flagrant exercise of authority or power that is not	15003
authorized by law, for a refusal or willful neglect to perform any	15004
official duty as a member of the council imposed by law, or for	15005
being guilty of misfeasance, malfeasance, nonfeasance, or gross	15006
neglect of duty as a member of the council.	15007

There shall be two co-chairpersons of the council. One	15008
co-chairperson shall be the director of job and family services or	15009
the director's designee, and one co-chairperson shall be elected	15010
by the members of the council. The council shall meet as often as	15011
is necessary to perform its duties, provided that it shall meet at	15012
least once in each quarter of each calendar year and at the call	15013
of the co-chairpersons. The co-chairpersons or their designee	15014
shall send to each member a written notice of the date, time, and	15015
place of each meeting.	15016

Members of the council shall serve without compensation, but	15017
shall be reimbursed for necessary expenses.	15018

(B) The child care advisory council shall advise the director	15019
on matters affecting the licensing of centers ~~and~~, type A homes,	15020
and type B homes and the certification of ~~type B homes and~~ in-home	15021
aides. The council shall make an annual report to the director of	15022
job and family services that addresses the availability,	15023
affordability, accessibility, and quality of child care and that	15024
summarizes the recommendations and plans of action that the	15025
council has proposed to the director during the preceding fiscal	15026
year. The director of job and family services shall provide copies	15027
of the report to the governor, speaker and minority leader of the	15028
house of representatives, and the president and minority leader of	15029
the senate and, on request, shall make copies available to the	15030
public.	15031

(C) The director of job and family services shall adopt rules	15032
~~pursuant to~~in accordance with Chapter 119. of the Revised Code to	15033
implement this section.	15034

Sec. 5104.09. (A)(1) Except as provided in rules adopted	15035
pursuant to division (D) of this section, no individual who has	15036
been convicted of or pleaded guilty to a violation described in	15037
division (A)(9) of section 109.572 of the Revised Code, a	15038
violation of section 2905.11, 2909.02, 2909.03, 2909.04, 2909.05,	15039
2917.01, 2917.02, 2917.03, 2917.31, 2921.03, 2921.34, or 2921.35	15040
of the Revised Code or a violation of an existing or former law or	15041
ordinance of any municipal corporation, this state, any other	15042
state, or the United States that is substantially equivalent to	15043
any of those violations, or two violations of section 4511.19 of	15044
the Revised Code during operation of the center or home shall be	15045
certified as an in-home aide or be employed in any capacity in or	15046
own or operate a child day-care center, type A family day-care	15047
home, type B family day-care home, or ~~certified~~licensed type B	15048
family day-care home.	15049

(2) Each employee of a child day-care center and type A home	15050
and every person eighteen years of age or older residing in a type	15051
A home or licensed type B home shall sign a statement on forms	15052
prescribed by the director of job and family services attesting to	15053
the fact that the employee or resident person has not been	15054
convicted of or pleaded guilty to any offense set forth in	15055
division (A)(1) of this section and that no child has been removed	15056
from the employee's or resident person's home pursuant to section	15057
2151.353 of the Revised Code. Each licensee of a type A family	15058
day-care home or type B family day-care home shall sign a	15059
statement on a form prescribed by the director attesting to the	15060
fact that no person who resides at the type A home or licensed	15061
type B home and who is under the age of eighteen has been	15062
adjudicated a delinquent child for committing a violation of any	15063
section listed in division (A)(1) of this section. The statements	15064
shall be kept on file at the center or, type A home, or licensed	15065
type B home.	15066

(3) Each in-home aide ~~and every person eighteen years of age~~	15067
~~or older residing in a certified type B home~~ shall sign a	15068
statement on forms prescribed by the director of job and family	15069
services attesting that the aide ~~or resident person~~ has not been	15070
convicted of or pleaded guilty to any offense set forth in	15071
division (A)(1) of this section and that no child has been removed	15072
from the aide's ~~or resident person's~~ home pursuant to section	15073
2151.353 of the Revised Code. ~~Each authorized provider shall sign~~	15074
~~a statement on forms prescribed by the director attesting that the~~	15075
~~provider has not been convicted of or pleaded guilty to any~~	15076
~~offense set forth in division (A)(1) of this section and that no~~	15077
~~child has been removed from the provider's home pursuant to~~	15078
~~section 2151.353 of the Revised Code. Each authorized provider~~	15079
~~shall sign a statement on a form prescribed by the director~~	15080
~~attesting to the fact that no person who resides at the certified~~	15081
~~type B home and who is under the age of eighteen has been~~	15082
~~adjudicated a delinquent child for committing a violation of any~~	15083
~~section listed in division (A)(1) of this section.~~ The ~~statements~~	15084
statement shall be kept on file at the county department of job	15085
and family services.	15086

(4) Each administrator and licensee of a center or, type A	15087
home, or licensed type B home shall sign a statement on a form	15088
prescribed by the director of job and family services attesting	15089
that the administrator or licensee has not been convicted of or	15090
pleaded guilty to any offense set forth in division (A)(1) of this	15091
section and that no child has been removed from the	15092
administrator's or licensee's home pursuant to section 2151.353 of	15093
the Revised Code. The statement shall be kept on file at the	15094
center or, type A home, or licensed type B home.	15095

(B) No in-home aide, no administrator, licensee, ~~authorized~~	15096
~~provider,~~ or employee of a center, type A home, or ~~certified~~	15097
licensed type B home, and no person eighteen years of age or older	15098
residing in a type A home or ~~certified~~licensed type B home shall	15099
withhold information from, or falsify information on, any	15100
statement required pursuant to division (A)(2), (3), or (4) of	15101
this section.	15102

(C) No administrator, licensee, or child-care staff member	15103
shall discriminate in the enrollment of children in a child	15104
day-care center upon the basis of race, color, religion, sex, or	15105
national origin.	15106

(D) The director of job and family services shall adopt rules	15107
~~pursuant to~~in accordance with Chapter 119. of the Revised Code to	15108
implement this section, including rules specifying exceptions to	15109
the prohibition in division (A) of this section for persons who	15110
have been convicted of an offense listed in that division but meet	15111
rehabilitation standards set by the ~~department~~director.	15112

Sec. 5104.13. The department of job and family services	15113
shall prepare a guide describing the state statutes and rules	15114
governing the ~~certification~~licensure of type B family day-care	15115
homes. The department may publish the guide electronically or	15116
otherwise and shall do so in a manner that the guide is accessible	15117
to the public, including type B home providers.	15118

Sec. 5104.14. All materials that are supplied by the	15119
department of job and family services to type A family day-care	15120
home providers, type B family day-care home providers, in-home	15121
aides, persons seeking to be type A family day-care home	15122
providers, type B family day-care home providers, or in-home	15123
aides, and caretaker parents shall be written at no higher than	15124
the sixth grade reading level. The department may employ a	15125
readability expert to verify its compliance with this section.	15126

~~Sec. 5104.015.~~ Sec. 5104.25. (A) Except as otherwise provided in	15127
division (C) of this section, no child day-care center shall	15128
permit any person to smoke in any indoor or outdoor space that is	15129
part of the center.	15130

The administrator of a child day-care center shall post in a	15131
conspicuous place at the main entrance of the center a notice	15132
stating that smoking is prohibited in any indoor or outdoor space	15133
that is part of the center, except under the conditions described	15134
in division (C) of this section.	15135

(B) Except as otherwise provided in division (C) of this	15136
section, no type A family day-care home or ~~certified~~licensed type	15137
B family day-care home shall permit any person to smoke in any	15138
indoor or outdoor space that is part of the home during the hours	15139
the home is in operation. Smoking may be permitted during hours	15140
other than the hours of operation if the administrator or	15141
~~authorized provider~~ of the home has provided to a parent,	15142
custodian, or guardian of each child receiving child care at the	15143
home notice that smoking occurs or may occur at the home when it	15144
is not in operation.	15145

The administrator of a type A family day-care home or	15146
~~authorized provider of~~ a ~~certified~~licensed type B family day-care	15147
home shall post in a conspicuous place at the main entrance of the	15148
home a notice specifying the hours the home is in operation and	15149
stating that smoking is prohibited during those hours in any	15150
indoor or outdoor space that is part of the home, except under the	15151
conditions described in division (C) of this section.	15152

(C) A child day-care center, type A family day-care home, or	15153
~~certified~~licensed type B family home may allow persons to smoke	15154
at the center or home during its hours of operation if those	15155
persons cannot be seen smoking by the children being cared for and	15156
if they smoke in either of the following:	15157

(1) An indoor area that is separately ventilated from the	15158
rest of the center or home;	15159

(2) An outdoor area that is so far removed from the children	15160
being cared for that they cannot inhale any smoke.	15161

(D) The director of job and family services, in consultation	15162
with the director of health, shall adopt rules in accordance with	15163
Chapter 119. of the Revised Code to implement the requirements of	15164
this section. These rules may prohibit smoking in a child day-care	15165
center, type A family day-care home, or ~~certified~~licensed type B	15166
family home if its design and structure do not allow persons to	15167
smoke under the conditions described in division (C) of this	15168
section or if repeated violations of division (A) or (B) of this	15169
section have occurred there.	15170

Sec. 5104.30. (A) The department of job and family services	15171
is hereby designated as the state agency responsible for	15172
administration and coordination of federal and state funding for	15173
publicly funded child care in this state. Publicly funded child	15174
care shall be provided to the following:	15175

(1) Recipients of transitional child care as provided under	15176
section 5104.34 of the Revised Code;	15177

(2) Participants in the Ohio works first program established	15178
under Chapter 5107. of the Revised Code;	15179

(3) Individuals who would be participating in the Ohio works	15180
first program if not for a sanction under section 5107.16 of the	15181
Revised Code and who continue to participate in a work activity,	15182
developmental activity, or alternative work activity pursuant to	15183
an assignment under section 5107.42 of the Revised Code;	15184

(4) A family receiving publicly funded child care on October	15185
1, 1997, until the family's income reaches one hundred fifty per	15186
cent of the federal poverty line;	15187

(5) Subject to available funds, other individuals determined	15188
eligible in accordance with rules adopted under section 5104.38 of	15189
the Revised Code.	15190

The department shall apply to the United States department of	15191
health and human services for authority to operate a coordinated	15192
program for publicly funded child care, if the director of job and	15193
family services determines that the application is necessary. For	15194
purposes of this section, the department of job and family	15195
services may enter into agreements with other state agencies that	15196
are involved in regulation or funding of child care. The	15197
department shall consider the special needs of migrant workers	15198
when it administers and coordinates publicly funded child care and	15199
shall develop appropriate procedures for accommodating the needs	15200
of migrant workers for publicly funded child care.	15201

(B) The department of job and family services shall	15202
distribute state and federal funds for publicly funded child care,	15203
including appropriations of state funds for publicly funded child	15204
care and appropriations of federal funds available under the child	15205
care block grant act, Title IV-A, and Title XX. The department may	15206
use any state funds appropriated for publicly funded child care as	15207
the state share required to match any federal funds appropriated	15208
for publicly funded child care.	15209

(C) In the use of federal funds available under the child	15210
care block grant act, all of the following apply:	15211

(1) The department may use the federal funds to hire staff to	15212
prepare any rules required under this chapter and to administer	15213
and coordinate federal and state funding for publicly funded child	15214
care.	15215

(2) Not more than five per cent of the aggregate amount of	15216
the federal funds received for a fiscal year may be expended for	15217
administrative costs.	15218

(3) The department shall allocate and use at least four per	15219
cent of the federal funds for the following:	15220

(a) Activities designed to provide comprehensive consumer	15221
education to parents and the public;	15222

(b) Activities that increase parental choice;

15223

(c) Activities, including child care resource and referral	15224
services, designed to improve the quality, and increase the	15225
supply, of child care;	15226

(d) Establishing a tiered quality rating and improvement	15227
system in which participation in the program may allow child	15228
day-care providers to be eligible for grants, technical	15229
assistance, training, or other assistance and become eligible for	15230
unrestricted monetary awards for maintaining a quality rating.	15231

(4) The department shall ensure that the federal funds will	15232
be used only to supplement, and will not be used to supplant,	15233
federal, state, and local funds available on the effective date of	15234
the child care block grant act for publicly funded child care and	15235
related programs. If authorized by rules adopted by the department	15236
pursuant to section 5104.42 of the Revised Code, county	15237
departments of job and family services may purchase child care	15238
from funds obtained through any other means.	15239

(D) The department shall encourage the development of	15240
suitable child care throughout the state, especially in areas with	15241
high concentrations of recipients of public assistance and	15242
families with low incomes. The department shall encourage the	15243
development of suitable child care designed to accommodate the	15244
special needs of migrant workers. On request, the department,	15245
through its employees or contracts with state or community child	15246
care resource and referral service organizations, shall provide	15247
consultation to groups and individuals interested in developing	15248
child care. The department of job and family services may enter	15249
into interagency agreements with the department of education, the	15250
board of regents, the department of development, and other state	15251
agencies and entities whenever the cooperative efforts of the	15252
other state agencies and entities are necessary for the department	15253
of job and family services to fulfill its duties and	15254
responsibilities under this chapter.	15255

The department shall develop and maintain a registry of	15256
persons providing child care. The director shall adopt rules	15257
~~pursuant to~~in accordance with Chapter 119. of the Revised Code	15258
establishing procedures and requirements for the registry's	15259
administration.	15260

(E)(1) The director shall adopt rules in accordance with	15261
Chapter 119. of the Revised Code establishing both of the	15262
following:	15263

(a) Reimbursement ceilings for providers of publicly funded	15264
child care not later than the first day of July in each	15265
odd-numbered year;	15266

(b) A procedure for reimbursing and paying providers of	15267
publicly funded child care.	15268

(2) In establishing reimbursement ceilings under division	15269
(E)(1)(a) of this section, the director shall do all of the	15270
following:	15271

(a) Use the information obtained under division (B)(3) of	15272
section 5104.04 of the Revised Code;	15273

(b) Establish an enhanced reimbursement ceiling for providers	15274
who provide child care for caretaker parents who work	15275
nontraditional hours;	15276

(c) For ~~a type B family day-care home provider that has~~	15277
~~received limited certification pursuant to rules adopted under~~	15278
~~division (G)(1) of section 5104.011 of the Revised Code~~an in-home	15279
aide, establish a reimbursement ceiling that is ~~the following:~~	15280

~~(i) If the provider is a person described in division~~	15281
~~(G)(1)(a)(i) of section 5104.011 of the Revised Code,~~ seventy-five	15282
per cent of the reimbursement ceiling that applies to a licensed	15283
type B family day-care home ~~certified by the same county~~	15284
~~department of job and family services pursuant to section 5104.11~~	15285
~~of the Revised Code~~;	15286

~~(ii) If the provider is a person described in division~~	15287
~~(G)(1)(a)(ii) of section 5104.011 of the Revised Code, sixty per~~	15288
~~cent of the reimbursement ceiling that applies to a type B family~~	15289
~~day-care home certified by the same county department pursuant to~~	15290
~~section 5104.11 of the Revised Code.~~	15291

(d) With regard to the tiered quality rating and improvement	15292
system established pursuant to division (C)(3)(d) of this section,	15293
do both of the following:	15294

(i) Establish enhanced reimbursement ceilings for child	15295
day-care providers that participate in the system and maintain	15296
quality ratings under the system;	15297

(ii) Weigh any reduction in reimbursement ceilings more	15298
heavily against child day-care providers that do not participate	15299
in the system or do not maintain quality ratings under the system.	15300

(3) In establishing reimbursement ceilings under division	15301
(E)(1)(a) of this section, the director may establish different	15302
reimbursement ceilings based on any of the following:	15303

(a) Geographic location of the provider;

15304

(b) Type of care provided;

15305

15306

(d) Special needs of the child served;

15307

(e) Whether the expanded hours of service are provided;

15308

(f) Whether weekend service is provided;

15309

(g) Whether the provider has exceeded the minimum	15310
requirements of state statutes and rules governing child care;	15311

(h) Any other factors the director considers appropriate.

15312

(F) The director shall adopt rules in accordance with Chapter	15313
119. of the Revised Code to implement the tiered quality rating	15314
and improvement system described in division (C)(3)(d) of this	15315
section.	15316

Sec. 5104.31. (A) Publicly funded child care may be provided	15317
only by the following:	15318

(1) ~~A child day-care center or type A family day-care home,~~	15319
~~including a parent cooperative child day-care center or parent~~	15320
~~cooperative type A family day-care home,~~Any of the following	15321
licensed by the department of job and family services pursuant to	15322
section 5104.03 of the Revised Code;or pursuant to rules adopted	15323
under section 5104.018 of the Revised Code:	15324

(a) A child day-care center, including a parent cooperative	15325
child day-care center;	15326

(b) A type A family day-care home, including a parent	15327
cooperative type A family day-care home;	15328

15329

(2) ~~A type B family day-care home certified by the county~~	15330
~~department of job and family services pursuant to section 5104.11~~	15331
~~of the Revised Code;~~	15332

~~(3) A type B family day-care home that has received a limited~~	15333
~~certification pursuant to rules adopted under division (G)(1) of~~	15334
~~section 5104.011 of the Revised Code;~~	15335

~~(4)~~ An in-home aide who has been certified by the county	15336
department of job and family services pursuant to section 5104.12	15337
of the Revised Code;	15338

~~(5)~~(3) A child day camp approved pursuant to section 5104.22	15339
of the Revised Code;	15340

~~(6)~~(4) A licensed preschool program;

15341

~~(7)~~(5) A licensed school child program;

15342

~~(8)~~(6) A border state child care provider, except that a	15343
border state child care provider may provide publicly funded child	15344
care only to an individual who resides in an Ohio county that	15345
borders the state in which the provider is located.	15346

(B) Publicly funded child day-care may be provided in a	15347
child's own home only by an in-home aide.	15348

(C) Beginning July 1, 2020, publicly funded child care may be	15349
provided only by a provider that is rated through the tiered	15350
quality rating and improvement system established pursuant to	15351
section 5104.30 of the Revised Code.	15352

Sec. 5104.32. (A) Except as provided in division (C) of this	15353
section, all purchases of publicly funded child care shall be made	15354
under a contract entered into by a licensed child day-care center,	15355
licensed type A family day-care home, ~~certified~~licensed type B	15356
family day-care home, certified in-home aide, approved child day	15357
camp, licensed preschool program, licensed school child program,	15358
or border state child care provider and the department of job and	15359
family services. All contracts for publicly funded child care	15360
shall be contingent upon the availability of state and federal	15361
funds. The department shall prescribe a standard form to be used	15362
for all contracts for the purchase of publicly funded child care,	15363
regardless of the source of public funds used to purchase the	15364
child care. To the extent permitted by federal law and	15365
notwithstanding any other provision of the Revised Code that	15366
regulates state contracts or contracts involving the expenditure	15367
of state or federal funds, all contracts for publicly funded child	15368
care shall be entered into in accordance with the provisions of	15369
this chapter and are exempt from any other provision of the	15370
Revised Code that regulates state contracts or contracts involving	15371
the expenditure of state or federal funds.	15372

(B) Each contract for publicly funded child care shall	15373
specify at least the following:	15374

(1) That the provider of publicly funded child care agrees to	15375
be paid for rendering services at the lower of the rate	15376
customarily charged by the provider for children enrolled for	15377
child care or the reimbursement ceiling or rate of payment	15378
established pursuant to section 5104.30 of the Revised Code;	15379

(2) That, if a provider provides child care to an individual	15380
potentially eligible for publicly funded child care who is	15381
subsequently determined to be eligible, the department agrees to	15382
pay for all child care provided between the date the county	15383
department of job and family services receives the individual's	15384
completed application and the date the individual's eligibility is	15385
determined;	15386

(3) Whether the county department of job and family services,	15387
the provider, or a child care resource and referral service	15388
organization will make eligibility determinations, whether the	15389
provider or a child care resource and referral service	15390
organization will be required to collect information to be used by	15391
the county department to make eligibility determinations, and the	15392
time period within which the provider or child care resource and	15393
referral service organization is required to complete required	15394
eligibility determinations or to transmit to the county department	15395
any information collected for the purpose of making eligibility	15396
determinations;	15397

(4) That the provider, other than a border state child care	15398
provider, shall continue to be licensed, approved, or certified	15399
pursuant to this chapter and shall comply with all standards and	15400
other requirements in this chapter and in rules adopted pursuant	15401
to this chapter for maintaining the provider's license, approval,	15402
or certification;	15403

(5) That, in the case of a border state child care provider,	15404
the provider shall continue to be licensed, certified, or	15405
otherwise approved by the state in which the provider is located	15406
and shall comply with all standards and other requirements	15407
established by that state for maintaining the provider's license,	15408
certificate, or other approval;	15409

(6) Whether the provider will be paid by the state department	15410
of job and family services or in some other manner as prescribed	15411
by rules adopted under section 5104.42 of the Revised Code;	15412

(7) That the contract is subject to the availability of state	15413
and federal funds.	15414

(C) Unless specifically prohibited by federal law or by rules	15415
adopted under section 5104.42 of the Revised Code, the county	15416
department of job and family services shall give individuals	15417
eligible for publicly funded child care the option of obtaining	15418
certificates that the individual may use to purchase services from	15419
any provider qualified to provide publicly funded child care under	15420
section 5104.31 of the Revised Code. Providers of publicly funded	15421
child care may present these certificates for payment in	15422
accordance with rules that the director of job and family services	15423
shall adopt. Only providers may receive payment for certificates.	15424
The value of the certificate shall be based on the lower of the	15425
rate customarily charged by the provider or the rate of payment	15426
established pursuant to section 5104.30 of the Revised Code. The	15427
county department may provide the certificates to the individuals	15428
or may contract with child care providers or child care resource	15429
and referral service organizations that make determinations of	15430
eligibility for publicly funded child care pursuant to contracts	15431
entered into under section 5104.34 of the Revised Code for the	15432
providers or resource and referral service organizations to	15433
provide the certificates to individuals whom they determine are	15434
eligible for publicly funded child care.	15435

For each six-month period a provider of publicly funded child	15436
care provides publicly funded child care to the child of an	15437
individual given certificates, the individual shall provide the	15438
provider certificates for days the provider would have provided	15439
publicly funded child care to the child had the child been	15440
present. The maximum number of days providers shall be provided	15441
certificates shall not exceed ten days in a six-month period	15442
during which publicly funded child care is provided to the child	15443
regardless of the number of providers that provide publicly funded	15444
child care to the child during that period.	15445

Sec. 5104.35. (A) Each county department of job and family	15446
services shall do all of the following:	15447

(1) Accept any gift, grant, or other funds from either public	15448
or private sources offered unconditionally or under conditions	15449
which are, in the judgment of the department, proper and	15450
consistent with this chapter and deposit the funds in the county	15451
public assistance fund established by section 5101.161 of the	15452
Revised Code;	15453

(2) Recruit individuals and groups interested in	15454
certification as in-home aides or in developing and operating	15455
suitable licensed child day-care centers, type A family day-care	15456
homes, or ~~certified~~licensed type B family day-care homes,	15457
especially in areas with high concentrations of recipients of	15458
public assistance, and for that purpose provide consultation to	15459
interested individuals and groups on request;	15460

(3) Inform clients of the availability of child care	15461
services.	15462

(B) A county department of job and family services may, to	15463
the extent permitted by federal law, use public child care funds	15464
to extend the hours of operation of the county department to	15465
accommodate the needs of working caretaker parents and enable	15466
those parents to apply for publicly funded child care.	15467

Sec. 5104.36. The licensee or administrator of a child	15468
day-care center or, type A family day-care home, ~~the authorized~~	15469
~~provider of a certified~~or licensed type B family day-care home,	15470
an in-home aide providing child care services, the director or	15471
administrator of an approved child day camp, and a border state	15472
child care provider shall keep a record for each eligible child,	15473
to be made available to the county department of job and family	15474
services or the department of job and family services on request.	15475
The record shall include all of the following:	15476

(A) The name and date of birth of the child;

15477

(B) The name and address of the child's caretaker parent;

15478

(C) The name and address of the caretaker parent's place of	15479
employment or program of education or training;	15480

(D) The hours for which child care services have been	15481
provided for the child;	15482

(E) Any other information required by the county department	15483
of job and family services or the state department of job and	15484
family services.	15485

Sec. 5104.38. In addition to any other rules adopted under	15486
this chapter, the director of job and family services shall adopt	15487
rules in accordance with Chapter 119. of the Revised Code	15488
governing financial and administrative requirements for publicly	15489
funded child care and establishing all of the following:	15490

(A) Procedures and criteria to be used in making	15491
determinations of eligibility for publicly funded child care that	15492
give priority to children of families with lower incomes and	15493
procedures and criteria for eligibility for publicly funded	15494
protective child care. The rules shall specify the maximum amount	15495
of income a family may have for initial and continued eligibility.	15496
The maximum amount shall not exceed two hundred per cent of the	15497
federal poverty line. The rules may specify exceptions to the	15498
eligibility requirements in the case of a family that previously	15499
received publicly funded child care and is seeking to have the	15500
child care reinstated after the family's eligibility was	15501
terminated.	15502

(B) Procedures under which a county department of job and	15503
family services may, if the department, under division (A) of this	15504
section, specifies a maximum amount of income a family may have	15505
for eligibility for publicly funded child care that is less than	15506
the maximum amount specified in that division, specify a maximum	15507
amount of income a family residing in the county the county	15508
department serves may have for initial and continued eligibility	15509
for publicly funded child care that is higher than the amount	15510
specified by the department but does not exceed the maximum amount	15511
specified in division (A) of this section;	15512

(C) A schedule of fees requiring all eligible caretaker	15513
parents to pay a fee for publicly funded child care according to	15514
income and family size, which shall be uniform for all types of	15515
publicly funded child care, except as authorized by rule, and, to	15516
the extent permitted by federal law, shall permit the use of state	15517
and federal funds to pay the customary deposits and other advance	15518
payments that a provider charges all children who receive child	15519
care from that provider. The schedule of fees may not provide for	15520
a caretaker parent to pay a fee that exceeds ten per cent of the	15521
parent's family income.	15522

(D) A formula for determining the amount of state and federal	15523
funds appropriated for publicly funded child care that may be	15524
allocated to a county department to use for administrative	15525
purposes;	15526

(E) Procedures to be followed by the department and county	15527
departments in recruiting individuals and groups to become	15528
providers of child care;	15529

(F) Procedures to be followed in establishing state or local	15530
programs designed to assist individuals who are eligible for	15531
publicly funded child care in identifying the resources available	15532
to them and to refer the individuals to appropriate sources to	15533
obtain child care;	15534

(G) Procedures to deal with fraud and abuse committed by	15535
either recipients or providers of publicly funded child care;	15536

(H) Procedures for establishing a child care grant or loan	15537
program in accordance with the child care block grant act;	15538

(I) Standards and procedures for applicants to apply for	15539
grants and loans, and for the department to make grants and loans;	15540

(J) A definition of "person who stands in loco parentis" for	15541
the purposes of division ~~(KK)~~(JJ)(1) of section 5104.01 of the	15542
Revised Code;	15543

(K) Procedures for a county department of job and family	15544
services to follow in making eligibility determinations and	15545
redeterminations for publicly funded child care available through	15546
telephone, computer, and other means at locations other than the	15547
county department;	15548

(L) If the director establishes a different reimbursement	15549
ceiling under division (E)(3)(d) of section 5104.30 of the Revised	15550
Code, standards and procedures for determining the amount of the	15551
higher payment that is to be issued to a child care provider based	15552
on the special needs of the child being served;	15553

(M) To the extent permitted by federal law, procedures for	15554
paying for up to thirty days of child care for a child whose	15555
caretaker parent is seeking employment, taking part in employment	15556
orientation activities, or taking part in activities in	15557
anticipation of enrolling in or attending an education or training	15558
program or activity, if the employment or the education or	15559
training program or activity is expected to begin within the	15560
thirty-day period;	15561

(N) Any other rules necessary to carry out sections 5104.30	15562
to 5104.43 of the Revised Code.	15563

Sec. 5107.60. In accordance with Title IV-A, federal	15564
regulations, state law, the Title IV-A state plan prepared under	15565
section 5101.80 of the Revised Code, and amendments to the plan,	15566
county departments of job and family services shall establish and	15567
administer the following work activities, in addition to the work	15568
activities established under sections 5107.50, 5107.52, 5107.54,	15569
and 5107.58 of the Revised Code, for minor heads of households and	15570
adults participating in Ohio works first:	15571

(A) Unsubsidized employment activities, including activities	15572
a county department determines are legitimate entrepreneurial	15573
activities;	15574

(B) On-the-job training activities, including training to	15575
become an employee of a child day-care center or type A family	15576
day-care home, ~~authorized provider~~administrator of a ~~certified~~	15577
licensed type B family day-care home, or in-home aide;	15578

(C) Community service activities including a program under	15579
which a participant of Ohio works first who is the parent,	15580
guardian, custodian, or specified relative responsible for the	15581
care of a minor child enrolled in grade twelve or lower is	15582
involved in the minor child's education on a regular basis;	15583

(D) Vocational educational training activities;

15584

(E) Jobs skills training activities that are directly related	15585
to employment;	15586

(F) Education activities that are directly related to	15587
employment for participants who have not earned a high school	15588
diploma or high school equivalence diploma;	15589

(G) Education activities for participants who have not	15590
completed secondary school or received a high school equivalence	15591
diploma under which the participants attend a secondary school or	15592
a course of study leading to a high school equivalence diploma,	15593
including LEAP participation by a minor head of household;	15594

(H) Child-care service activities aiding another participant	15595
assigned to a community service activity or other work activity. A	15596
county department may provide for a participant assigned to this	15597
work activity to receive training necessary to provide child-care	15598
services.	15599

Sec. 5153.175. (A) Notwithstanding division (H)(1) of section	15600
2151.421, section 5153.17, and any other section of the Revised	15601
Code pertaining to confidentiality, when a public children	15602
services agency has determined that child abuse or neglect	15603
occurred and that abuse or neglect involves a person who has	15604
applied for licensure ~~or renewal of licensure~~ as a type A family	15605
day-care home or ~~certification or renewal of certification as a~~	15606
type B family day-care home, the agency shall promptly provide to	15607
the department of job and family services ~~or to a county~~	15608
~~department of job and family services~~ any information the agency	15609
determines to be relevant for the purpose of evaluating the	15610
fitness of the person, including, but not limited to, both of the	15611
following:	15612

(1) A summary report of the chronology of abuse and neglect	15613
reports made pursuant to section 2151.421 of the Revised Code of	15614
which the person is the subject where the agency determined that	15615
abuse or neglect occurred and the final disposition of the	15616
investigation of the reports or, if the investigations have not	15617
been completed, the status of the investigations;	15618

(2) Any underlying documentation concerning those reports.

15619

(B) The agency shall not include in the information provided	15620
to the department ~~or county department~~ under division (A) of this	15621
section the name of the person or entity that made the report or	15622
participated in the making of the report of child abuse or	15623
neglect.	15624

(C) Upon provision of information under division (A) of this	15625
section, the agency shall notify the department ~~or county~~	15626
~~department~~ of both of the following:	15627

(1) That the information is confidential;

15628

(2) That unauthorized dissemination of the information is a	15629
violation of division (H)(2) of section 2151.421 of the Revised	15630
Code and any person who permits or encourages unauthorized	15631
dissemination of the information is guilty of a misdemeanor of the	15632
fourth degree pursuant to section 2151.99 of the Revised Code.	15633

Section 120.02. That existing sections 109.57, 2151.011,	15634
2919.227, 2923.124, 2923.126, 2923.1212, 2950.11, 2950.13,	15635
3109.051, 3701.63, 3737.22, 3742.01, 3797.06, 4511.81, 5101.29,	15636
5103.03, 5104.01, 5104.011, 5104.012, 5104.013, 5104.015,	15637
5104.022, 5104.03, 5104.031, 5104.032, 5104.033, 5104.04,	15638
5104.041, 5104.052, 5104.053, 5104.054, 5104.06, 5104.08, 5104.09,	15639
5104.13, 5104.30, 5104.31, 5104.32, 5104.35, 5104.36, 5104.38,	15640
5107.60, and 5153.175 of the Revised Code are hereby repealed.	15641

Section 120.03. That sections 5104.014 and 5104.11 of the	15642
Revised Code are hereby repealed.	15643

Section 120.04. Sections 120.01, 120.02, and 120.03 of this	15644
act take effect on January 1, 2014.	15645

Section 610.10. That Sections 267.10.90, 267.30.56, and	15646
733.10 of Am. Sub. H.B. 153 of the 129th General Assembly be	15647
amended to read as follows:	15648

Sec. 267.10.90. (A) Notwithstanding anything to the contrary	15649
in section 3301.0710, 3301.0711, 3301.0715, or 3313.608 of the	15650
Revised Code, the administration of the English language arts	15651
assessments for elementary grades as a replacement for the	15652
separate reading and writing assessments prescribed by sections	15653
3301.0710 and 3301.0711 of the Revised Code, as those sections	15654
were amended by Am. Sub. H.B. 1 of the 128th General Assembly,	15655
shall not be required until a date prescribed by rule of the State	15656
Board of Education. Until that date, the Department of Education	15657
and school districts and schools shall continue to administer	15658
separate reading assessments for elementary grades, as prescribed	15659
by the versions of sections 3301.0710 and 3301.0711 of the Revised	15660
Code that were in effect prior to the effective date of Section	15661
265.20.15 of Am. Sub. H.B. 1 of the 128th General Assembly. The	15662
intent for delaying implementation of the replacement English	15663
language arts assessment is to provide adequate time for the	15664
complete development of the new assessment.	15665

(B) Notwithstanding anything to the contrary in section	15666
3301.0710 of the Revised Code, the State Board shall not prescribe	15667
the three ranges of scores for the assessments prescribed by	15668
division (A)(2) of section 3301.0710 of the Revised Code, as	15669
amended by Am. Sub. H.B. 1 of the 128th General Assembly, until	15670
the Board adopts the rule required by division (A) of this	15671
section. Until that date, the Board shall continue to prescribe	15672
the five ranges of scores required by the version of section	15673
3301.0710 of the Revised Code in effect prior to the effective	15674
date of Section 265.20.15 of Am. Sub. H.B. 1 of the 128th General	15675
Assembly, and the following apply:	15676

(1) The range of scores designated by the State Board as a	15677
proficient level of skill remains the passing score on the Ohio	15678
Graduation Tests for purposes of sections 3313.61, 3313.611,	15679
3313.612, and 3325.08 of the Revised Code;	15680

(2) The ~~range~~ranges of scores designated as a limited or	15681
basic level of skill ~~remains~~are the standard for applying the	15682
third-grade reading guarantee under division (A) of section	15683
3313.608 of the Revised Code;	15684

~~(3) The range of scores designated by the State Board as a~~	15685
~~proficient level of skill remains the standard for the summer~~	15686
~~remediation requirement of division (B)(2) of section 3313.608 of~~	15687
~~the Revised Code~~.	15688

(C) This section is not subject to expiration after June 30,	15689
2013, under Section 809.10 of this act.	15690

Sec. 267.30.56. SUBSIDY FOR HIGH PERFORMING SCHOOL DISTRICTS

15691

In addition to any other payments made under Sections	15692
267.30.50 and 267.30.53 of this act or under Chapter 3317. of the	15693
Revised Code, for each of fiscal years 2012 and 2013, the	15694
Department of Education shall pay to each qualifying school	15695
district or community school, established under Chapter 3314. of	15696
the Revised Code, the amount prescribed by this section.	15697

~~The~~For fiscal year 2012, the Department shall pay to each	15698
school district or community school rated as "excellent with	15699
distinction" or "excellent" on the report card issued for the	15700
district or community school under sections 3302.03 and 3314.012	15701
of the Revised Code for the ~~prior~~2010-2011 school year an amount	15702
equal to $17 times the district's current-year formula ADM, in the	15703
case of a school district, or the number of students in the	15704
community school's enrollment report for the current year, in the	15705
case of a community school.	15706

For fiscal year 2013, the Department shall pay to each school	15707
district or community school assigned an overall academic	15708
performance grade of "A" on the report card issued for the	15709
district or community school under sections 3302.03 and 3314.012	15710
of the Revised Code for the 2011-2012 school year an amount equal	15711
to $17 times the district's current-year formula ADM, in the case	15712
of a school district, or the number of students in the community	15713
school's enrollment report for the current year, in the case of a	15714
community school.	15715

As used in this section, "the number of students in the	15716
community school's enrollment report" means "the final number of	15717
students reported under divisions (B)(2)(a) and (b) of section	15718
3314.08 of the Revised Code at the end of a fiscal year, as	15719
verified by the Department."	15720

Sec. 733.10. (A) The Department of Education shall conduct	15721
and publicize a second Educational Choice Scholarship application	15722
period for the 2011-2012 school year to award for that year	15723
scholarships newly authorized by sections 3310.02 and 3310.03 of	15724
the Revised Code, as amended by ~~this act~~Am. Sub. H.B. 153 of the	15725
129th General Assembly. The second application period shall	15726
commence on the effective date of this section and shall end at	15727
the close of business on the first business day that is at least	15728
forty-five days after the effective date of this section.	15729

(B) Not later than ten days after the effective date of this	15730
section, the Department shall do both of the following:	15731

(1) Mail, to each person who applied for a scholarship during	15732
the first application period for the 2011-2012 school year but did	15733
not receive a scholarship, a notice announcing the second	15734
application period, the opportunity to re-apply, and the	15735
application deadline;	15736

(2) Post prominently on its web site a list of school	15737
district-operated buildings that meet both of the following	15738
criteria:	15739

(a) For at least two of the three school years from 2007-2008	15740
through 2009-2010, ranked in the lowest ten per cent of school	15741
district buildings according to performance index score reported	15742
under section 3302.03 of the Revised Code;	15743

(b) Were not declared to be excellent or effective under that	15744
section for the 2009-2010 school year.	15745

Notwithstanding division (B)(1)(a) of section 3310.03 of the	15746
Revised Code, eligibility for scholarships for the 2011-2012	15747
school year under division (B) of section 3310.03 of the Revised	15748
Code shall be based on a school building's performance index score	15749
rank among all other school district buildings for the requisite	15750
school years, as described in division (B)(2)(a) of this section,	15751
and shall not be based on a building's performance index score	15752
rank among all public school buildings for the requisite school	15753
years, as otherwise required under division (B)(1)(a) of section	15754
3310.03 of the Revised Code.	15755

(C) The Department shall award scholarships for the 2011-2012	15756
school year from applications submitted during the second	15757
application period according to the order of priority listed in	15758
division (B) of section 3310.02 of the Revised Code, as amended by	15759
this act. The Department shall base its award determinations on	15760
the applicant students' status during the 2010-2011 school year.	15761

(D) Notwithstanding any provision of sections 3310.01 to	15762
3310.17 of the Revised Code, any rule of the State Board of	15763
Education, or any policy of the Department to the contrary, the	15764
Department shall not deny a scholarship to a student for whom an	15765
application is submitted during the second application period	15766
solely because the student already has been admitted to a	15767
chartered nonpublic school for the 2011-2012 school year, if both	15768
of the following apply:	15769

(1) A timely application was submitted on the student's	15770
behalf during the first application period for the 2011-2012	15771
school year and the student was denied a scholarship solely	15772
because the number of applications exceeded the number of	15773
available scholarships.	15774

(2) The student either:

15775

(a) Was enrolled, through the final day of scheduled classes	15776
for the 2010-2011 school year, in the district school or community	15777
school indicated on the student's first application for the	15778
2011-2012 school year;	15779

(b) Is eligible to enroll in kindergarten for the 2011-2012	15780
school year and was not enrolled in kindergarten in a nonpublic	15781
school in the 2010-2011 school year.	15782

(E)(1) For purposes of determining eligibility under division	15783
(B) of section 3310.03 of the Revised Code for scholarships	15784
awarded for the 2012-2013 school year, the Department shall post	15785
prominently on its web site a list of school district buildings	15786
that meet both of the following criteria:	15787

(a) For at least two of the three school years from 2008-2009	15788
through 2010-2011, ranked in the lowest ten per cent of public	15789
school buildings according to performance index score;	15790

(b) Were not declared to be excellent or effective under	15791
section 3302.03 of the Revised Code for the 2010-2011 school year.	15792

(2) For purposes of determining eligibility under division	15793
(B) of section 3310.03 of the Revised Code for scholarships	15794
awarded for the 2013-2014 school year, the Department shall post	15795
prominently on its web site a list of school district buildings	15796
that meet both of the following criteria:	15797

(a) For at least two of the three school years from 2009-2010	15798
through 2011-2012, ranked in the lowest ten per cent of public	15799
school buildings according to performance index score;	15800

(b) Were not ~~declared to be excellent or effective~~rated "A"	15801
or "B" under section 3302.03 of the Revised Code for the 2011-2012	15802
school year.	15803

(3) For purposes of determining eligibility under division	15804
(B) of section 3310.03 of the Revised Code for scholarships	15805
awarded for the 2014-2015 school year, the Department shall post	15806
prominently on its web site a list of school district buildings	15807
that meet both of the following criteria:	15808

(a) For at least two of the three school years from 2010-2011	15809
through 2012-2013, ranked in the lowest ten per cent of public	15810
school buildings according to performance index score;	15811

(b) Were not ~~declared to be excellent or effective~~rated "A"	15812
or "B" under section 3302.03 of the Revised Code for the 2012-2013	15813
school year.	15814

(F) As used in this section, "enrolled" has the same meaning	15815
as in division (E) of section 3317.03 of the Revised Code.	15816

Section 610.11. That existing Sections 267.10.90, 267.30.56,	15817
and 733.10 of Am. Sub. H.B. 153 of the 129th General Assembly are	15818
hereby repealed.	15819

Section 610.20. That Section 267.60.23 of Am. Sub. H.B. 153	15820
of the 129th General Assembly and Section 265.20.15 of Am. Sub.	15821
H.B. 1 of the 128th General Assembly are hereby repealed.	15822

Section 733.10. Not later than June 20, 2013, the Department	15823
of Education shall conduct a study of the licensure requirements	15824
for educational staff responsible for the development of	15825
informational sources for the support of curriculum and literacy	15826
development in schools. The Department and the State Board of	15827
Education shall use the study to make any necessary updates or	15828
revisions to the licensure requirements for those staff.	15829

Section 733.20. The General Assembly hereby declares its	15830
intent, in enacting section 3319.031 of the Revised Code, to	15831
supersede any effect of the decision of the Court of Appeals of	15832
the Eighth Appellate District in OAPSE/AFSCME Local 4 v. Berdine,	15833
174 Ohio App.3d 46 (Cuyahoga County, 2007) to the extent the	15834
decision conflicts with the principle that boards of education may	15835
appoint a licensed business manager, but also may determine	15836
instead to assign the roles and functions of a business manager to	15837
one or more employees or officers of the board, including the	15838
treasurer, in the board's sole discretion.	15839

Section 751.10. The Revised Code section cited in the	15840
Administrative Code as the authority for any rules adopted under	15841
Chapter 5104. of the Revised Code shall be deemed to be the	15842
Revised Code section as renumbered by Section 101.01 of this act.	15843
The Director of Job and Family Services is not required to amend	15844
any rule previously adopted under Chapter 5104. of the Revised	15845
Code for the sole purpose of changing the citation of the Revised	15846
Code section that authorizes the rule.	15847

Section 751.20. The Revised Code sections cited in the	15848
Administrative Code as the authority for any rules adopted under	15849
Chapter 5104. of the Revised Code shall be deemed to be the	15850
Revised Code sections as renumbered by Section 120.01 of this act.	15851
The Director of Job and Family Services is not required to amend	15852
any rules previously adopted under Chapter 5104. of the Revised	15853
Code for the sole purpose of changing the citation of the Revised	15854
Code section that authorizes the rule.	15855

Section 763.10. The Office of Workforce Transformation is	15856
authorized to create a web site to help link energy companies with	15857
trained workers and to provide information on industry compatible	15858
curriculum and training. The Office of Workforce Transformation is	15859
also authorized to work with veterans to match training and skills	15860
to needed jobs in industries, including to the oil and gas	15861
industry.	15862

Section 806.10. The items of law contained in this act, and	15863
their applications, are severable. If any item of law contained in	15864
this act, or if any application of any item of law contained in	15865
this act, is held invalid, the invalidity does not affect other	15866
items of law contained in this act and their applications that can	15867
be given effect without the invalid item of law or application.	15868

Section 812.10. Sections subject to referendum: general	15869
effective date. Except as otherwise provided in this act, the	15870
amendment, enactment, or repeal by this act of a section is	15871
subject to the referendum under Ohio Constitution, Article II,	15872
Section 1c and therefore takes effect on the ninety-first day	15873
after this act is filed with the Secretary of State.	15874

Section 812.11. Sections subject to referendum: special	15875
effective dates. The amendment, enactment, or repeal by this act	15876
of the following sections is subject to the referendum under Ohio	15877
Constitution, Article II, Section 1c and therefore takes effect on	15878
the ninety-first day after this act is filed with the Secretary of	15879
State or on the date specified below, whichever is later:	15880

Section 751.20 of this act takes effect January 1, 2014.

15881

Section 812.20. Sections exempt from referendum: general	15882
effective date. The amendment, enactment, or repeal by this act of	15883
the following sections is exempt from the referendum under Ohio	15884
Constitution, Article II, Section 1d and section 1.471 of the	15885
Revised Code and therefore takes effect immediately when this act	15886
becomes law:	15887

Section 267.30.56 of Am. Sub. H.B. 153 of the 129th General	15888
Assembly, as amended by this act.	15889

Section 763.10 of this act.

15890

Section 815.10. Division (D) of section 3301.921, division	15891
(A)(3) of section 3302.032, and sections 3301.922 and 3313.674 of	15892
the Revised Code are presented in this section as law in	15893
conformity with the expressed intent of the Governor's veto	15894
message for Am. Sub. H.B. 153 of the 129th General Assembly to	15895
veto the repeal of the body mass index screening program. And the	15896
reference to section 3313.674 of the Revised Code in section	15897
3326.11 of the Revised Code is presented in this section as law in	15898
conformity with the expressed intent of the Governor's veto	15899
message for Am. Sub. H.B. 153 of the 129th General Assembly to	15900
veto the repeal of the body mass index screening program. These	15901
presentations constitute a legislative finding that, as a result	15902
of the veto, those presentations and that reference remain law.	15903

Sec. 3301.921. The healthy choices for healthy children	15904
council shall do all of the following:	15905

(A) Monitor progress in improving student health and	15906
wellness;	15907

(B) Make periodic policy recommendations to the state board	15908
of education regarding ways to improve the nutritional standards	15909
for food and beverages prescribed by sections 3313.816 and	15910
3313.817 of the Revised Code. If, on or after the effective date	15911
of this section, the United States department of agriculture	15912
adopts regulations for the sale of food or beverages in schools,	15913
the council, within sixty days after their adoption, shall review	15914
the regulations and, based on that review, make recommendations	15915
for changes to the nutritional standards prescribed by those	15916
sections.	15917

(C) Make periodic recommendations to the department of	15918
education for the development of a clearinghouse of best practices	15919
in the areas of student nutrition, physical activity for students,	15920
and body mass index screenings;	15921

(D) Assist the department of health in developing a list of	15922
resources regarding health risks associated with weight status for	15923
distribution to parents and guardians under division (E) of	15924
section 3313.674 of the Revised Code;	15925

(E) Regularly review developments in science and nutrition to	15926
ensure the council remains informed for purposes of making	15927
recommendations under divisions (B) and (C) of this section.	15928

Sec. 3301.922. The department of education shall issue an	15929
annual report on the compliance of public and chartered nonpublic	15930
schools with the requirements of section 3313.674 of the Revised	15931
Code. The department shall include in the report any data	15932
regarding student health and wellness collected by the department	15933
in conjunction with those requirements. The department shall	15934
submit each report to the governor, the general assembly, and the	15935
healthy choices for healthy children council.	15936

Sec. 3302.032. (A) Not later than December 31, 2011, the	15937
state board of education shall establish a measure of the	15938
following:	15939

(1) Student success in meeting the benchmarks contained in	15940
the physical education standards adopted under division (A)(3) of	15941
section 3301.079 of the Revised Code;	15942

(2) Compliance with the requirements for local wellness	15943
policies prescribed by section 204 of the "Child Nutrition and WIC	15944
Reauthorization Act of 2004," 42 U.S.C. 1751 note;	15945

(3) Whether a school district or building is complying with	15946
section 3313.674 of the Revised Code instead of operating under a	15947
waiver from the requirements of that section;	15948

(4) Whether a school district or building is participating in	15949
the physical activity pilot program administered under section	15950
3313.6016 of the Revised Code.	15951

(B) The measure shall be included on the school district and	15952
building report cards issued under section 3302.03 of the Revised	15953
Code, beginning with the report cards issued for the 2012-2013	15954
school year, but it shall not be a factor in the performance	15955
ratings issued under that section.	15956

(C) The department of education may accept, receive, and	15957
expend gifts, devises, or bequests of money for the purpose of	15958
establishing the measure required by this section.	15959

Sec. 3313.674. (A) Except as provided in divisions (D) and	15960
(H) of this section, the board of education of each city, exempted	15961
village, or local school district and the governing authority of	15962
each chartered nonpublic school shall require each student	15963
enrolled in kindergarten, third grade, fifth grade, and ninth	15964
grade to undergo a screening for body mass index and weight status	15965
category prior to the first day of May of the school year.	15966

(B) The board or governing authority may provide any	15967
screenings required by this section itself, contract with another	15968
entity for provision of the screenings, or request the parent or	15969
guardian of each student subject to this section to obtain the	15970
screening from a provider selected by the parent or guardian and	15971
to submit the results to the board or governing authority. If the	15972
board or governing authority provides the screenings itself or	15973
contracts with another entity for provision of the screenings, the	15974
board or governing authority shall protect student privacy by	15975
ensuring that each student is screened alone and not in the	15976
presence of other students or staff.	15977

(C) Prior to the first day of February of each school year,	15978
the board or governing authority shall provide the parent or	15979
guardian of each student subject to this section with information	15980
about the screening program. If the board or governing authority	15981
requests parents and guardians to obtain a screening from a	15982
provider of their choosing, the board or governing authority shall	15983
provide them with a list of providers and information about	15984
screening services available in the community to parents and	15985
guardians who cannot afford a private provider.	15986

(D) If the parent or guardian of a student subject to this	15987
section signs and submits to the board or governing authority a	15988
written statement indicating that the parent or guardian does not	15989
wish to have the student undergo the screening, the board or	15990
governing authority shall not require the student to be screened.	15991

(E) The board or governing authority shall notify the parent	15992
or guardian of each student screened under this section of any	15993
health risks associated with the student's results and shall	15994
provide the parent or guardian with information about	15995
appropriately addressing the risks. For this purpose, the	15996
department of health, in consultation with the department of	15997
education and the healthy choices for healthy children council	15998
established under section 3301.92 of the Revised Code, shall	15999
develop a list of documents, pamphlets, or other resources that	16000
may be distributed to parents and guardians under this division.	16001

(F) The board or governing authority shall maintain the	16002
confidentiality of each student's individual screening results at	16003
all times. No board or governing authority shall report a	16004
student's individual screening results to any person other than	16005
the student's parent or guardian.	16006

(G) In a manner prescribed by rule of the director of health,	16007
the board or governing authority shall report aggregated body mass	16008
index and weight status category data collected under this	16009
section, and any other demographic data required by the director,	16010
to the department of health. In the case of a school district,	16011
data shall be aggregated for the district as a whole and not for	16012
individual schools within the district, unless the district	16013
operates only one school. In the case of a chartered nonpublic	16014
school, data shall be aggregated for the school as a whole. The	16015
department annually may publish the data reported under this	16016
division, aggregated by county. If any district or chartered	16017
nonpublic school was granted a waiver under division (H) of this	16018
section for a school year for which data is published, the	16019
department shall note that the data for the county in which the	16020
district or school is located is incomplete. The department may	16021
share data reported under this division with other governmental	16022
entities for the purpose of monitoring population health, making	16023
reports, or public health promotional activities.	16024

(H) A board or governing authority may obtain a waiver of the	16025
requirement to have students undergo screenings for body mass	16026
index and weight status category by submitting to the	16027
superintendent of public instruction an affidavit, attested to by	16028
the president or presiding officer of the board or governing	16029
authority, stating that the board or governing authority is unable	16030
to comply with the requirement. The superintendent shall grant the	16031
waiver upon receipt of the affidavit.	16032

Sec. 3326.11. Each science, technology, engineering, and	16033
mathematics school established under this chapter and its	16034
governing body shall comply with sections 9.90, 9.91, 109.65,	16035
121.22, 149.43, 2151.357, 2151.421, 2313.19, 2921.42, 2921.43,	16036
3301.0714, 3301.0715, 3313.14, 3313.15, 3313.16, 3313.18,	16037
3313.201, 3313.26, 3313.472, 3313.48, 3313.481, 3313.482, 3313.50,	16038
3313.536, 3313.608, 3313.6012, 3313.6013, 3313.6014, 3313.6015,	16039
3313.61, 3313.611, 3313.614, 3313.615, 3313.643, 3313.648,	16040
3313.66, 3313.661, 3313.662, 3313.666, 3313.667, 3313.67,	16041
3313.671, 3313.672, 3313.673, 3313.674, 3313.69, 3313.71,	16042
3313.716, 3313.718, 3313.719, 3313.80, 3313.801, 3313.814,	16043
3313.816, 3313.817, 3313.86, 3313.88, 3313.96, 3319.073, 3319.21,	16044
3319.32, 3319.321, 3319.35, 3319.39, 3319.391, 3319.41, 3319.45,	16045
3321.01, 3321.041, 3321.13, 3321.14, 3321.17, 3321.18, 3321.19,	16046
3321.191, 3327.10, 4111.17, 4113.52, and 5705.391 and Chapters	16047
102., 117., 1347., 2744., 3307., 3309., 3365., 3742., 4112.,	16048
4123., 4141., and 4167. of the Revised Code as if it were a school	16049
district.	16050

Section 815.11. The reference to section 3313.674 of the	16051
Revised Code in division (A)(11)(h) of section 3314.03 of the	16052
Revised Code is presented in Section 101.01 of this act as law in	16053
conformity with the expressed intent of the Governor's veto	16054
message for Am. Sub. H.B. 153 of the 129th General Assembly to	16055
veto the repeal of the body mass index screening program. That	16056
presentation constitutes a legislative finding that, as a result	16057
of the veto, the reference remains law.	16058