Am. Sub. S. B. No. 316 As Passed by the House

As Passed by the House

129th General Assembly

Regular Session

2011-2012

Am. Sub. S. B. No. 316

Senator Lehner (By Request)

Cosponsors: Senators Bacon, Eklund, Hite, Jones, LaRose, Niehaus, Sawyer, Turner, Wagoner
Representatives Stebelton, Roegner, Newbold, Amstutz, Beck, Brenner, Buchy, Hayes, Maag, Terhar, Uecker Speaker Batchelder

A BILL

To amend sections 124.38, 3301.04, 3301.079,

3301.0710, 3301.0712, 3301.0714, 3301.0715,

3301.0723, 3301.52, 3301.53, 3301.58, 3301.90,

3301.922, 3302.03, 3302.032, 3302.042, 3302.12,

3302.20, 3302.21, 3302.25, 3310.03, 3310.08,

3310.15, 3313.37, 3313.41, 3313.411, 3313.608,

3313.609, 3313.6013, 3313.674, 3313.813, 3313.816,

3313.842, 3313.843, 3313.845, 3313.978, 3314.015,

3314.016, 3314.02, 3314.029, 3314.03, 3314.06,

3314.08, 3314.17, 3314.18, 3314.35, 3314.36,

3317.01, 3317.11, 3318.034, 3318.36, 3318.37,

3318.371, 3318.70, 3319.02, 3319.06, 3319.11,

3319.111, 3319.112, 3319.58, 3321.01, 3323.011,

3323.052, 3323.19, 3326.03, 3326.04, 3326.10,

3326.11, 3326.17, 3326.21, 3328.15, 3328.24,

3333.0411, 4139.01, 4139.03, 4139.04, 4139.05,

4141.01, 4141.29, 4301.20, 5104.01, 5104.011,

5104.02, 5104.21, 5104.30, 5104.31, 5104.34,

5104.38, 5709.83, 5751.20, 6301.01, 6301.02,

6301.03, 6301.04, 6301.07, 6301.08, and 6301.10;

to enact sections 3301.941, 3302.033, 3302.41,

3310.031, 3313.6411, 3313.847, 3314.11, 3314.15,

3318.364, 3326.031, 3326.26, 4123.391, 4141.293,

5104.031, 5104.032, 5104.033, 5123.022, and

5126.0222; and to repeal section 3319.19 of the

Revised Code; to amend Sections 267.10.90,

267.50.30, and 283.20 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 124.38, 3301.04, 3301.079,	55
3301.0710, 3301.0712, 3301.0714, 3301.0715, 3301.0723, 3301.52,	56
3301.53, 3301.58, 3301.90, 3301.922, 3302.03, 3302.032, 3302.042,	57
3302.12, 3302.20, 3302.21, 3302.25, 3310.03, 3310.08, 3310.15,	58
3313.37, 3313.41, 3313.411, 3313.608, 3313.609, 3313.6013,	59
3313.674, 3313.813, 3313.816, 3313.842, 3313.843, 3313.845,	60
3313.978, 3314.015, 3314.016, 3314.02, 3314.029, 3314.03, 3314.06,	61
3314.08, 3314.17, 3314.18, 3314.35, 3314.36, 3317.01, 3317.11,	62
3318.034, 3318.36, 3318.37, 3318.371, 3318.70, 3319.02, 3319.06,	63
3319.11, 3319.111, 3319.112, 3319.58, 3321.01, 3323.011, 3323.052,	64
3323.19, 3326.03, 3326.04, 3326.10, 3326.11, 3326.17, 3326.21,	65
3328.15, 3328.24, 3333.0411, 4139.01, 4139.03, 4139.04, 4139.05,	66
4141.01, 4141.29, 4301.20, 5104.01, 5104.011, 5104.02, 5104.21,	67
5104.30, 5104.31, 5104.34, 5104.38, 5709.83, 5751.20, 6301.01,	68
6301.02, 6301.03, 6301.04, 6301.07, 6301.08, and 6301.10 be	69
amended; and sections 3301.941, 3302.033, 3302.41, 3310.031,	70
3313.847, 3314.11, 3314.15, 3318.364, 3326.031, 3326.26, 4123.391,	71
4141.293, 5104.031, 5104.032, 5104.033, 5123.022, and 5126.0222 of	72
the Revised Code be enacted to read as follows:	73

Sec. 124.38. Each of the following shall be entitled for	74
each completed eighty hours of service to sick leave of four and	75
six-tenths hours with pay:	76

(A) Employees in the various offices of the county,	77
municipal, and civil service township service, other than	78
superintendents and management employees, as defined in section	79
5126.20 of the Revised Code, of county boards of developmental	80
disabilities;	81

(B) Employees of any state college or university;

(C) ~~Employees~~Any employee of any board of education for whom	83
sick leave is not provided by section 3319.141 of the Revised	84
Code, provided that the employee is not a substitute, adult	85
education instructor who is scheduled to work the full-time	86
equivalent of less than one hundred twenty days per school year,	87
or a person who is employed on an as-needed, seasonal, or	88
intermittent basis.	89

Employees may use sick leave, upon approval of the	90
responsible administrative officer of the employing unit, for	91
absence due to personal illness, pregnancy, injury, exposure to	92
contagious disease that could be communicated to other employees,	93
and illness, injury, or death in the employee's immediate family.	94
Unused sick leave shall be cumulative without limit. When sick	95
leave is used, it shall be deducted from the employee's credit on	96
the basis of one hour for every one hour of absence from	97
previously scheduled work.	98

The previously accumulated sick leave of an employee who has	99
been separated from the public service shall be placed to the	100
employee's credit upon the employee's re-employment in the public	101
service, provided that the re-employment takes place within ten	102
years of the date on which the employee was last terminated from	103
public service. This ten-year period shall be tolled for any	104
period during which the employee holds elective public office,	105
whether by election or by appointment.	106

An employee who transfers from one public agency to another	107
shall be credited with the unused balance of the employee's	108
accumulated sick leave up to the maximum of the sick leave	109
accumulation permitted in the public agency to which the employee	110
transfers.	111

The appointing authorities of the various offices of the	112
county service may permit all or any part of a person's accrued	113
but unused sick leave acquired during service with any regional	114
council of government established in accordance with Chapter 167.	115
of the Revised Code to be credited to the employee upon a transfer	116
as if the employee were transferring from one public agency to	117
another under this section.	118

The appointing authority of each employing unit shall require	119
an employee to furnish a satisfactory written, signed statement to	120
justify the use of sick leave. If medical attention is required, a	121
certificate stating the nature of the illness from a licensed	122
physician shall be required to justify the use of sick leave.	123
Falsification of either a written, signed statement or a	124
physician's certificate shall be grounds for disciplinary action,	125
including dismissal.	126

This section does not interfere with existing unused sick	127
leave credit in any agency of government where attendance records	128
are maintained and credit has been given employees for unused sick	129
leave.	130

Notwithstanding this section or any other section of the	131
Revised Code, any appointing authority of a county office,	132
department, commission, board, or body may, upon notification to	133
the board of county commissioners, establish alternative schedules	134
of sick leave for employees of the appointing authority for whom	135
the state employment relations board has not established an	136
appropriate bargaining unit pursuant to section 4117.06 of the	137
Revised Code, as long as the alternative schedules are not	138
inconsistent with the provisions of at least one collective	139
bargaining agreement covering other employees of that appointing	140
authority, if such a collective bargaining agreement exists. If no	141
such collective bargaining agreement exists, an appointing	142
authority may, upon notification to the board of county	143
commissioners, establish an alternative schedule of sick leave for	144
its employees that does not diminish the sick leave benefits	145
granted by this section.	146

Sec. 3301.04. Between the first and thirty-first day of	147
January of each odd-numbered year, the state board of education	148
shall hold an organization meeting at which time it shall adopt	149
rules of procedure, elect a president and a vice-president each of	150
whom shall serve for two years or until the president's or	151
vice-president's successor is elected and qualified, and transact	152
such business as the board deems advisable.	153

The state board of education shall ~~hold regular meetings once~~	154
~~every three months and~~adopt, by the thirty-first day of March	155
each year, a calendar indicating the dates on which the board will	156
hold its regular meetings for the following fiscal year. The board	157
may hold special meetings on dates not indicated on the adopted	158
calendar at such times as they may be called as provided in this	159
section. Special meetings of the board may be called by the	160
president, and, upon written request signed by at least a majority	161
of the members, the president shall call a special meeting of the	162
board. The president, or the president's designee, shall give	163
notice through the superintendent of public instruction by	164
~~registered mail~~ to each member of the board at least ten days	165
prior to the time of any special meeting. The notice may be	166
delivered by regular mail or by electronic means. The state board	167
of education shall hold its meetings anywhere in Ohio designated	168
by the board.	169

Sec. 3301.079. (A)(1) ~~Not later than June 30, 2010, and~~	170
~~periodically thereafter, the~~The state board of education	171
periodically shall adopt statewide academic standards with	172
emphasis on coherence, focus, and rigor for each of grades	173
kindergarten through twelve in English language arts, mathematics,	174
science, and social studies.	175

(a) The standards shall specify the following:

176

(i) The core academic content and skills that students are	177
expected to know and be able to do at each grade level that will	178
allow each student to be prepared for postsecondary instruction	179
and the workplace for success in the twenty-first century;	180

(ii) The development of skill sets that promote information,	181
media, and technological literacy;	182

(iii) Interdisciplinary, project-based, real-world learning	183
opportunities.	184

(b) Not later than July 1, 2012, the state board shall	185
incorporate into the social studies standards for grades four to	186
twelve academic content regarding the original texts of the	187
Declaration of Independence, the Northwest Ordinance, the	188
Constitution of the United States and its amendments, with	189
emphasis on the Bill of Rights, and the Ohio Constitution, and	190
their original context. The state board shall revise the model	191
curricula and achievement assessments adopted under divisions (B)	192
and (C) of this section as necessary to reflect the additional	193
American history and American government content. The state board	194
shall make available a list of suggested grade-appropriate	195
supplemental readings that place the documents prescribed by this	196
division in their historical context, which teachers may use as a	197
resource to assist students in reading the documents within that	198
context.	199

(2) After completing the standards required by division	200
(A)(1) of this section, the state board shall adopt standards and	201
model curricula for instruction in technology, financial literacy	202
and entrepreneurship, fine arts, and foreign language for grades	203
kindergarten through twelve. The standards shall meet the same	204
requirements prescribed in division (A)(1)(a) of this section.	205

(3) The state board shall adopt the most recent standards	206
developed by the national association for sport and physical	207
education for physical education in grades kindergarten through	208
twelve or shall adopt its own standards for physical education in	209
those grades and revise and update them periodically.	210

The department of education shall employ a full-time physical	211
education coordinator to provide guidance and technical assistance	212
to districts, community schools, and STEM schools in implementing	213
the physical education standards adopted under this division. The	214
superintendent of public instruction shall determine that the	215
person employed as coordinator is qualified for the position, as	216
demonstrated by possessing an adequate combination of education,	217
license, and experience.	218

(4) When academic standards have been completed for any	219
subject area required by this section, the state board shall	220
inform all school districts, all community schools established	221
under Chapter 3314. of the Revised Code, all STEM schools	222
established under Chapter 3326. of the Revised Code, and all	223
nonpublic schools required to administer the assessments	224
prescribed by sections 3301.0710 and 3301.0712 of the Revised Code	225
of the content of those standards.	226

(B) ~~Not later than March 31, 2011, the~~(1) The state board	227
shall adopt a model curriculum for instruction in each subject	228
area for which updated academic standards are required by division	229
(A)(1) of this section and for each of grades kindergarten through	230
twelve that is sufficient to meet the needs of students in every	231
community. The model curriculum shall be aligned with the	232
standards, to ensure that the academic content and skills	233
specified for each grade level are taught to students, and shall	234
demonstrate vertical articulation and emphasize coherence, focus,	235
and rigor. When any model curriculum has been completed, the state	236
board shall inform all school districts, community schools, and	237
STEM schools of the content of that model curriculum.	238

(2) Not later than June 30, 2013, the state board, in	239
consultation with any office housed in the governor's office that	240
deals with workforce development, shall adopt model curricula for	241
grades kindergarten through twelve that embed career connection	242
learning strategies into regular classroom instruction.	243

(3) All school districts, community schools, and STEM schools	244
may utilize the state standards and the model curriculum	245
established by the state board, together with other relevant	246
resources, examples, or models to ensure that students have the	247
opportunity to attain the academic standards. Upon request, the	248
department ~~of education~~ shall provide technical assistance to any	249
district, community school, or STEM school in implementing the	250
model curriculum.	251

Nothing in this section requires any school district to	252
utilize all or any part of a model curriculum developed under this	253
~~division~~section.	254

(C) The state board shall develop achievement assessments	255
aligned with the academic standards and model curriculum for each	256
of the subject areas and grade levels required by divisions (A)(1)	257
and (B)(1) of section 3301.0710 of the Revised Code.	258

When any achievement assessment has been completed, the state	259
board shall inform all school districts, community schools, STEM	260
schools, and nonpublic schools required to administer the	261
assessment of its completion, and the department ~~of education~~	262
shall make the achievement assessment available to the districts	263
and schools.	264

(D)(1) The state board shall adopt a diagnostic assessment	265
aligned with the academic standards and model curriculum for each	266
of grades kindergarten through two in English language arts and	267
mathematics and for grade three in English language arts. The	268
diagnostic assessment shall be designed to measure student	269
comprehension of academic content and mastery of related skills	270
for the relevant subject area and grade level. Any diagnostic	271
assessment shall not include components to identify gifted	272
students. Blank copies of diagnostic assessments shall be public	273
records.	274

(2) When each diagnostic assessment has been completed, the	275
state board shall inform all school districts of its completion	276
and the department ~~of education~~ shall make the diagnostic	277
assessment available to the districts at no cost to the district.	278
School districts shall administer the diagnostic assessment	279
pursuant to section 3301.0715 of the Revised Code beginning the	280
first school year following the development of the assessment.	281

(E) The state board shall not adopt a diagnostic or	282
achievement assessment for any grade level or subject area other	283
than those specified in this section.	284

(F) Whenever the state board or the department ~~of education~~	285
consults with persons for the purpose of drafting or reviewing any	286
standards, diagnostic assessments, achievement assessments, or	287
model curriculum required under this section, the state board or	288
the department shall first consult with parents of students in	289
kindergarten through twelfth grade and with active Ohio classroom	290
teachers, other school personnel, and administrators with	291
expertise in the appropriate subject area. Whenever practicable,	292
the state board and department shall consult with teachers	293
recognized as outstanding in their fields.	294

If the department contracts with more than one outside entity	295
for the development of the achievement assessments required by	296
this section, the department shall ensure the interchangeability	297
of those assessments.	298

(G) Whenever the state board adopts standards or model	299
curricula under this section, the department also shall provide	300
information on the use of blended or digital learning in the	301
delivery of the standards or curricula to students in accordance	302
with division (A)(4) of this section.	303

(H) The fairness sensitivity review committee, established by	304
rule of the state board of education, shall not allow any question	305
on any achievement or diagnostic assessment developed under this	306
section or any proficiency test prescribed by former section	307
3301.0710 of the Revised Code, as it existed prior to September	308
11, 2001, to include, be written to promote, or inquire as to	309
individual moral or social values or beliefs. The decision of the	310
committee shall be final. This section does not create a private	311
cause of action.	312

~~(H)~~(I) Not later than forty-five days prior to the ~~initial~~	313
~~deadline established~~adoption by the state board of updated	314
academic standards under division (A)(1) of this section ~~and the~~	315
~~deadline established~~or updated model curricula under division	316
(B)(1) of this section, the superintendent of public instruction	317
shall present the academic standards or model curricula, as	318
applicable, to the respective committees of the house of	319
representatives and senate that consider education legislation.	320

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

321

(1) "Blended learning" means the delivery of instruction in a	322
combination of time in a supervised physical location away from	323
home and online delivery whereby the student has some element of	324
control over time, place, path, or pace of learning.	325

(2) "Coherence" means a reflection of the structure of the	326
discipline being taught.	327

~~(2)~~(3) "Digital learning" means learning facilitated by	328
technology that gives students some element of control over time,	329
place, path, or pace of learning.	330

(4) "Focus" means limiting the number of items included in a	331
curriculum to allow for deeper exploration of the subject matter.	332

~~(3)~~(5) "Rigor" means more challenging and demanding when	333
compared to international standards.	334

~~(4)~~(6) "Vertical articulation" means key academic concepts	335
and skills associated with mastery in particular content areas	336
should be articulated and reinforced in a developmentally	337
appropriate manner at each grade level so that over time students	338
acquire a depth of knowledge and understanding in the core	339
academic disciplines.	340

Sec. 3301.0710. The state board of education shall adopt	341
rules establishing a statewide program to assess student	342
achievement. The state board shall ensure that all assessments	343
administered under the program are aligned with the academic	344
standards and model curricula adopted by the state board and are	345
created with input from Ohio parents, Ohio classroom teachers,	346
Ohio school administrators, and other Ohio school personnel	347
pursuant to section 3301.079 of the Revised Code.	348

The assessment program shall be designed to ensure that	349
students who receive a high school diploma demonstrate at least	350
high school levels of achievement in English language arts,	351
mathematics, science, and social studies.	352

(A)(1) The state board shall prescribe all of the following:

353

(a) Two statewide achievement assessments, one each designed	354
to measure the level of English language arts and mathematics	355
skill expected at the end of third grade;	356

(b) Two statewide achievement assessments, one each designed	357
to measure the level of English language arts and mathematics	358
skill expected at the end of fourth grade;	359

(c) Four statewide achievement assessments, one each designed	360
to measure the level of English language arts, mathematics,	361
science, and social studies skill expected at the end of fifth	362
grade;	363

(d) Two statewide achievement assessments, one each designed	364
to measure the level of English language arts and mathematics	365
skill expected at the end of sixth grade;	366

(e) Two statewide achievement assessments, one each designed	367
to measure the level of English language arts and mathematics	368
skill expected at the end of seventh grade;	369

(f) Four statewide achievement assessments, one each designed	370
to measure the level of English language arts, mathematics,	371
science, and social studies skill expected at the end of eighth	372
grade.	373

(2) The state board shall determine and designate at least	374
three ranges of scores on each of the achievement assessments	375
described in divisions (A)(1) and (B)(1) of this section. Each	376
range of scores shall be deemed to demonstrate a level of	377
achievement so that any student attaining a score within such	378
range has achieved one of the following:	379

(a) An advanced level of skill;

380

(b) A proficient level of skill;

381

382

(3) For the purpose of implementing division (A) of section	383
3313.608 of the Revised Code, the state board shall determine and	384
designate a level of achievement, not lower than the level	385
designated in division (A)(2)(c) of this section, on the third	386
grade English language arts assessment for a student to be	387
promoted to the fourth grade. The state board shall review and	388
adjust upward the level of achievement designated under this	389
division each year the test is administered until the level is set	390
equal to the level designated in division (A)(2)(b) of this	391
section.	392

(B)(1) The assessments prescribed under division (B)(1) of	393
this section shall collectively be known as the Ohio graduation	394
tests. The state board shall prescribe five statewide high school	395
achievement assessments, one each designed to measure the level of	396
reading, writing, mathematics, science, and social studies skill	397
expected at the end of tenth grade. The state board shall	398
designate a score in at least the range designated under division	399
(A)(2)(b) of this section on each such assessment that shall be	400
deemed to be a passing score on the assessment as a condition	401
toward granting high school diplomas under sections 3313.61,	402
3313.611, 3313.612, and 3325.08 of the Revised Code until the	403
assessment system prescribed by section 3301.0712 of the Revised	404
Code is implemented in accordance with rules adopted by the state	405
board under division (D) of that section.	406

(2) The state board shall prescribe an assessment system in	407
accordance with section 3301.0712 of the Revised Code that shall	408
replace the Ohio graduation tests in the manner prescribed by	409
rules adopted by the state board under division (D) of that	410
section.	411

(3) The state board may enter into a reciprocal agreement	412
with the appropriate body or agency of any other state that has	413
similar statewide achievement assessment requirements for	414
receiving high school diplomas, under which any student who has	415
met an achievement assessment requirement of one state is	416
recognized as having met the similar requirement of the other	417
state for purposes of receiving a high school diploma. For	418
purposes of this section and sections 3301.0711 and 3313.61 of the	419
Revised Code, any student enrolled in any public high school in	420
this state who has met an achievement assessment requirement	421
specified in a reciprocal agreement entered into under this	422
division shall be deemed to have attained at least the applicable	423
score designated under this division on each assessment required	424
by division (B)(1) or (2) of this section that is specified in the	425
agreement.	426

(C) The superintendent of public instruction shall designate	427
dates and times for the administration of the assessments	428
prescribed by divisions (A) and (B) of this section.	429

In prescribing administration dates pursuant to this	430
division, the superintendent shall designate the dates in such a	431
way as to allow a reasonable length of time between the	432
administration of assessments prescribed under this section and	433
any administration of the national assessment of educational	434
progress given to students in the same grade level pursuant to	435
section 3301.27 of the Revised Code or federal law.	436

(D) The state board shall prescribe a practice version of	437
each Ohio graduation test described in division (B)(1) of this	438
section that is of comparable length to the actual test.	439

(E) Any committee established by the department of education	440
for the purpose of making recommendations to the state board	441
regarding the state board's designation of scores on the	442
assessments described by this section shall inform the state board	443
of the probable percentage of students who would score in each of	444
the ranges established under division (A)(2) of this section on	445
the assessments if the committee's recommendations are adopted by	446
the state board. To the extent possible, these percentages shall	447
be disaggregated by gender, major racial and ethnic groups,	448
limited English proficient students, economically disadvantaged	449
students, students with disabilities, and migrant students.	450

If the state board intends to make any change to the	451
committee's recommendations, the state board shall explain the	452
intended change to the Ohio accountability task force established	453
by section 3302.021 of the Revised Code. The task force shall	454
recommend whether the state board should proceed to adopt the	455
intended change. Nothing in this division shall require the state	456
board to designate assessment scores based upon the	457
recommendations of the task force.	458

Sec. 3301.0712. (A) The state board of education, the	459
superintendent of public instruction, and the chancellor of the	460
Ohio board of regents shall develop a system of college and work	461
ready assessments as described in divisions (B)(1) and (2) of this	462
section to assess whether each student upon graduating from high	463
school is ready to enter college or the workforce. The system	464
shall replace the Ohio graduation tests prescribed in division	465
(B)(1) of section 3301.0710 of the Revised Code as a measure of	466
student academic performance and a prerequisite for eligibility	467
for a high school diploma in the manner prescribed by rule of the	468
state board adopted under division (D) of this section.	469

(B) The college and work ready assessment system shall	470
consist of the following:	471

(1) A nationally standardized assessment that measures	472
college and career readiness selected jointly by the state	473
superintendent and the chancellor.	474

(2) A series of end-of-course examinations in the areas of	475
science, mathematics, English language arts, American history, and	476
American government selected jointly by the state superintendent	477
and the chancellor in consultation with faculty in the appropriate	478
subject areas at institutions of higher education of the	479
university system of Ohio. For each subject area, the state	480
superintendent and chancellor shall select multiple assessments	481
that school districts, public schools, and chartered nonpublic	482
schools may use as end-of-course examinations. Subject to division	483
(B)(3)(b) of this section, those assessments shall include	484
nationally recognized subject area assessments, such as advanced	485
placement examinations, SAT subject tests, international	486
baccalaureate examinations, and other assessments of college and	487
work readiness.	488

(3)(a) Not later than July 1, 2013, each school district	489
board of education shall adopt interim end-of-course examinations	490
that comply with the requirements of divisions (B)(3)(b)(i) and	491
(ii) of this section to assess mastery of American history and	492
American government standards adopted under division (A)(1)(b) of	493
section 3301.079 of the Revised Code and the topics required under	494
division (M) of section 3313.603 of the Revised Code. Each high	495
school of the district shall use the interim examinations until	496
the state superintendent and chancellor select end-of-course	497
examinations in American history and American government under	498
division (B)(2) of this section.	499

(b) Not later than July 1, 2014, the state superintendent and	500
the chancellor shall select the end-of-course examinations in	501
American history and American government.	502

(i) The end-of-course examinations in American history and	503
American government shall require demonstration of mastery of the	504
American history and American government content for social	505
studies standards adopted under division (A)(1)(b) of section	506
3301.079 of the Revised Code and the topics required under	507
division (M) of section 3313.603 of the Revised Code.	508

(ii) At least twenty per cent of the end-of-course	509
examination in American government shall address the topics on	510
American history and American government described in division (M)	511
of section 3313.603 of the Revised Code.	512

(C) ~~Not later than thirty days after the state board adopts~~	513
~~the model curricula required by division (B) of section 3301.079~~	514
~~of the Revised Code, the~~The state board shall convene a group of	515
national experts, state experts, and local practitioners to	516
provide advice, guidance, and recommendations for the alignment of	517
standards and model curricula to the assessments and in the design	518
of the end-of-course examinations prescribed by this section.	519

(D) Upon completion of the development of the assessment	520
system, the state board shall adopt rules prescribing all of the	521
following:	522

(1) A timeline and plan for implementation of the assessment	523
system, including a phased implementation if the state board	524
determines such a phase-in is warranted;	525

(2) The date after which a person entering ninth grade shall	526
meet the requirements of the entire assessment system as a	527
prerequisite for a high school diploma under section 3313.61,	528
3313.612, or 3325.08 of the Revised Code;	529

(3) The date after which a person shall meet the requirements	530
of the entire assessment system as a prerequisite for a diploma of	531
adult education under section 3313.611 of the Revised Code;	532

(4) Whether and the extent to which a person may be excused	533
from an American history end-of-course examination and an American	534
government end-of-course examination under division (H) of section	535
3313.61 and division (B)(2) of section 3313.612 of the Revised	536
Code;	537

(5) The date after which a person who has fulfilled the	538
curriculum requirement for a diploma but has not passed one or	539
more of the required assessments at the time the person fulfilled	540
the curriculum requirement shall meet the requirements of the	541
entire assessment system as a prerequisite for a high school	542
diploma under division (B) of section 3313.614 of the Revised	543
Code;	544

(6) The extent to which the assessment system applies to	545
students enrolled in a dropout recovery and prevention program for	546
purposes of division (F) of section 3313.603 and section 3314.36	547
of the Revised Code.	548

No rule adopted under this division shall be effective	549
earlier than one year after the date the rule is filed in final	550
form pursuant to Chapter 119. of the Revised Code.	551

(E) Not later than forty-five days prior to the state board's	552
adoption of a resolution directing the department of education to	553
file the rules prescribed by division (D) of this section in final	554
form under section 119.04 of the Revised Code, the superintendent	555
of public instruction shall present the assessment system	556
developed under this section to the respective committees of the	557
house of representatives and senate that consider education	558
legislation.	559

Sec. 3301.0714. (A) The state board of education shall adopt	560
rules for a statewide education management information system. The	561
rules shall require the state board to establish guidelines for	562
the establishment and maintenance of the system in accordance with	563
this section and the rules adopted under this section. The	564
guidelines shall include:	565

(1) Standards identifying and defining the types of data in	566
the system in accordance with divisions (B) and (C) of this	567
section;	568

(2) Procedures for annually collecting and reporting the data	569
to the state board in accordance with division (D) of this	570
section;	571

(3) Procedures for annually compiling the data in accordance	572
with division (G) of this section;	573

(4) Procedures for annually reporting the data to the public	574
in accordance with division (H) of this section.	575

(B) The guidelines adopted under this section shall require	576
the data maintained in the education management information system	577
to include at least the following:	578

(1) Student participation and performance data, for each	579
grade in each school district as a whole and for each grade in	580
each school building in each school district, that includes:	581

(a) The numbers of students receiving each category of	582
instructional service offered by the school district, such as	583
regular education instruction, vocational education instruction,	584
specialized instruction programs or enrichment instruction that is	585
part of the educational curriculum, instruction for gifted	586
students, instruction for students with disabilities, and remedial	587
instruction. The guidelines shall require instructional services	588
under this division to be divided into discrete categories if an	589
instructional service is limited to a specific subject, a specific	590
type of student, or both, such as regular instructional services	591
in mathematics, remedial reading instructional services,	592
instructional services specifically for students gifted in	593
mathematics or some other subject area, or instructional services	594
for students with a specific type of disability. The categories of	595
instructional services required by the guidelines under this	596
division shall be the same as the categories of instructional	597
services used in determining cost units pursuant to division	598
(C)(3) of this section.	599

(b) The numbers of students receiving support or	600
extracurricular services for each of the support services or	601
extracurricular programs offered by the school district, such as	602
counseling services, health services, and extracurricular sports	603
and fine arts programs. The categories of services required by the	604
guidelines under this division shall be the same as the categories	605
of services used in determining cost units pursuant to division	606
(C)(4)(a) of this section.	607

(c) Average student grades in each subject in grades nine	608
through twelve;	609

(d) Academic achievement levels as assessed under sections	610
3301.0710, 3301.0711, and 3301.0712 of the Revised Code;	611

(e) The number of students designated as having a disabling	612
condition pursuant to division (C)(1) of section 3301.0711 of the	613
Revised Code;	614

(f) The numbers of students reported to the state board	615
pursuant to division (C)(2) of section 3301.0711 of the Revised	616
Code;	617

(g) Attendance rates and the average daily attendance for the	618
year. For purposes of this division, a student shall be counted as	619
present for any field trip that is approved by the school	620
administration.	621

(h) Expulsion rates;

622

(i) Suspension rates;

623

(j) Dropout rates;

624

(k) Rates of retention in grade;

625

(l) For pupils in grades nine through twelve, the average	626
number of carnegie units, as calculated in accordance with state	627
board of education rules;	628

(m) Graduation rates, to be calculated in a manner specified	629
by the department of education that reflects the rate at which	630
students who were in the ninth grade three years prior to the	631
current year complete school and that is consistent with	632
nationally accepted reporting requirements;	633

(n) Results of diagnostic assessments administered to	634
kindergarten students as required under section 3301.0715 of the	635
Revised Code to permit a comparison of the academic readiness of	636
kindergarten students. However, no district shall be required to	637
report to the department the results of any diagnostic assessment	638
administered to a kindergarten student if the parent of that	639
student requests the district not to report those results.	640

(2) Personnel and classroom enrollment data for each school	641
district, including:	642

(a) The total numbers of licensed employees and nonlicensed	643
employees and the numbers of full-time equivalent licensed	644
employees and nonlicensed employees providing each category of	645
instructional service, instructional support service, and	646
administrative support service used pursuant to division (C)(3) of	647
this section. The guidelines adopted under this section shall	648
require these categories of data to be maintained for the school	649
district as a whole and, wherever applicable, for each grade in	650
the school district as a whole, for each school building as a	651
whole, and for each grade in each school building.	652

(b) The total number of employees and the number of full-time	653
equivalent employees providing each category of service used	654
pursuant to divisions (C)(4)(a) and (b) of this section, and the	655
total numbers of licensed employees and nonlicensed employees and	656
the numbers of full-time equivalent licensed employees and	657
nonlicensed employees providing each category used pursuant to	658
division (C)(4)(c) of this section. The guidelines adopted under	659
this section shall require these categories of data to be	660
maintained for the school district as a whole and, wherever	661
applicable, for each grade in the school district as a whole, for	662
each school building as a whole, and for each grade in each school	663
building.	664

(c) The total number of regular classroom teachers teaching	665
classes of regular education and the average number of pupils	666
enrolled in each such class, in each of grades kindergarten	667
through five in the district as a whole and in each school	668
building in the school district.	669

(d) The number of lead teachers employed by each school	670
district and each school building.	671

(3)(a) Student demographic data for each school district,	672
including information regarding the gender ratio of the school	673
district's pupils, the racial make-up of the school district's	674
pupils, the number of limited English proficient students in the	675
district, and an appropriate measure of the number of the school	676
district's pupils who reside in economically disadvantaged	677
households. The demographic data shall be collected in a manner to	678
allow correlation with data collected under division (B)(1) of	679
this section. Categories for data collected pursuant to division	680
(B)(3) of this section shall conform, where appropriate, to	681
standard practices of agencies of the federal government.	682

(b) With respect to each student entering kindergarten,	683
whether the student previously participated in a public preschool	684
program, a private preschool program, or a head start program, and	685
the number of years the student participated in each of these	686
programs.	687

(4) Any data required to be collected pursuant to federal	688
law.	689

(C) The education management information system shall include	690
cost accounting data for each district as a whole and for each	691
school building in each school district. The guidelines adopted	692
under this section shall require the cost data for each school	693
district to be maintained in a system of mutually exclusive cost	694
units and shall require all of the costs of each school district	695
to be divided among the cost units. The guidelines shall require	696
the system of mutually exclusive cost units to include at least	697
the following:	698

(1) Administrative costs for the school district as a whole.	699
The guidelines shall require the cost units under this division	700
(C)(1) to be designed so that each of them may be compiled and	701
reported in terms of average expenditure per pupil in formula ADM	702
in the school district, as determined pursuant to section 3317.03	703
of the Revised Code.	704

(2) Administrative costs for each school building in the	705
school district. The guidelines shall require the cost units under	706
this division (C)(2) to be designed so that each of them may be	707
compiled and reported in terms of average expenditure per	708
full-time equivalent pupil receiving instructional or support	709
services in each building.	710

(3) Instructional services costs for each category of	711
instructional service provided directly to students and required	712
by guidelines adopted pursuant to division (B)(1)(a) of this	713
section. The guidelines shall require the cost units under	714
division (C)(3) of this section to be designed so that each of	715
them may be compiled and reported in terms of average expenditure	716
per pupil receiving the service in the school district as a whole	717
and average expenditure per pupil receiving the service in each	718
building in the school district and in terms of a total cost for	719
each category of service and, as a breakdown of the total cost, a	720
cost for each of the following components:	721

(a) The cost of each instructional services category required	722
by guidelines adopted under division (B)(1)(a) of this section	723
that is provided directly to students by a classroom teacher;	724

(b) The cost of the instructional support services, such as	725
services provided by a speech-language pathologist, classroom	726
aide, multimedia aide, or librarian, provided directly to students	727
in conjunction with each instructional services category;	728

(c) The cost of the administrative support services related	729
to each instructional services category, such as the cost of	730
personnel that develop the curriculum for the instructional	731
services category and the cost of personnel supervising or	732
coordinating the delivery of the instructional services category.	733

(4) Support or extracurricular services costs for each	734
category of service directly provided to students and required by	735
guidelines adopted pursuant to division (B)(1)(b) of this section.	736
The guidelines shall require the cost units under division (C)(4)	737
of this section to be designed so that each of them may be	738
compiled and reported in terms of average expenditure per pupil	739
receiving the service in the school district as a whole and	740
average expenditure per pupil receiving the service in each	741
building in the school district and in terms of a total cost for	742
each category of service and, as a breakdown of the total cost, a	743
cost for each of the following components:	744

(a) The cost of each support or extracurricular services	745
category required by guidelines adopted under division (B)(1)(b)	746
of this section that is provided directly to students by a	747
licensed employee, such as services provided by a guidance	748
counselor or any services provided by a licensed employee under a	749
supplemental contract;	750

(b) The cost of each such services category provided directly	751
to students by a nonlicensed employee, such as janitorial	752
services, cafeteria services, or services of a sports trainer;	753

(c) The cost of the administrative services related to each	754
services category in division (C)(4)(a) or (b) of this section,	755
such as the cost of any licensed or nonlicensed employees that	756
develop, supervise, coordinate, or otherwise are involved in	757
administering or aiding the delivery of each services category.	758

(D)(1) The guidelines adopted under this section shall	759
require school districts to collect information about individual	760
students, staff members, or both in connection with any data	761
required by division (B) or (C) of this section or other reporting	762
requirements established in the Revised Code. The guidelines may	763
also require school districts to report information about	764
individual staff members in connection with any data required by	765
division (B) or (C) of this section or other reporting	766
requirements established in the Revised Code. The guidelines shall	767
not authorize school districts to request social security numbers	768
of individual students. The guidelines shall prohibit the	769
reporting under this section of a student's name, address, and	770
social security number to the state board of education or the	771
department of education. The guidelines shall also prohibit the	772
reporting under this section of any personally identifiable	773
information about any student, except for the purpose of assigning	774
the data verification code required by division (D)(2) of this	775
section, to any other person unless such person is employed by the	776
school district or the information technology center operated	777
under section 3301.075 of the Revised Code and is authorized by	778
the district or technology center to have access to such	779
information or is employed by an entity with which the department	780
contracts for the scoring of assessments administered under	781
section 3301.0711 of the Revised Code. The guidelines may require	782
school districts to provide the social security numbers of	783
individual staff members.	784

(2)(a) The guidelines shall provide for each school district	785
or community school to assign a data verification code that is	786
unique on a statewide basis over time to each student whose	787
initial Ohio enrollment is in that district or school and to	788
report all required individual student data for that student	789
utilizing such code. The guidelines shall also provide for	790
assigning data verification codes to all students enrolled in	791
districts or community schools on the effective date of the	792
guidelines established under this section. The assignment of data	793
verification codes for other entities, as described in division	794
(D)(2)(c) of this section, the use of those codes, and the	795
reporting and use of associated individual student data shall be	796
coordinated by the department in accordance with state and federal	797
law.	798

~~Individual~~School districts shall report individual student	799
data ~~shall be reported~~ to the department through the information	800
technology centers utilizing the code ~~but, except~~. The entities	801
described in division (D)(2)(c) of this section shall report	802
individual student data to the department in the manner prescribed	803
by the department.	804

Except as provided in sections 3301.941, 3310.11, 3310.42,	805
3310.63, 3313.978, ~~3310.63,~~ and 3317.20 of the Revised Code, at	806
no time shall the state board or the department have access to	807
information that would enable any data verification code to be	808
matched to personally identifiable student data.	809

(b) Each school district and community school shall ensure	810
that the data verification code is included in the student's	811
records reported to any subsequent school district, community	812
school, or state institution of higher education, as defined in	813
section 3345.011 of the Revised Code, in which the student	814
enrolls. Any such subsequent district or school shall utilize the	815
same identifier in its reporting of data under this section.	816

(c) The director of any state agency that administers a	817
publicly funded program providing services to children who are	818
younger than compulsory school age, as defined in section 3321.01	819
of the Revised Code, including the directors of health, job and	820
family services, mental health, and developmental disabilities,	821
shall request and receive, pursuant to sections 3301.0723 and	822
3701.62 of the Revised Code, a data verification code for a child	823
who is receiving those services ~~under division (A)(2) of section~~	824
~~3701.61 of the Revised Code~~.	825

(E) The guidelines adopted under this section may require	826
school districts to collect and report data, information, or	827
reports other than that described in divisions (A), (B), and (C)	828
of this section for the purpose of complying with other reporting	829
requirements established in the Revised Code. The other data,	830
information, or reports may be maintained in the education	831
management information system but are not required to be compiled	832
as part of the profile formats required under division (G) of this	833
section or the annual statewide report required under division (H)	834
of this section.	835

(F) Beginning with the school year that begins July 1, 1991,	836
the board of education of each school district shall annually	837
collect and report to the state board, in accordance with the	838
guidelines established by the board, the data required pursuant to	839
this section. A school district may collect and report these data	840
notwithstanding section 2151.357 or 3319.321 of the Revised Code.	841

(G) The state board shall, in accordance with the procedures	842
it adopts, annually compile the data reported by each school	843
district pursuant to division (D) of this section. The state board	844
shall design formats for profiling each school district as a whole	845
and each school building within each district and shall compile	846
the data in accordance with these formats. These profile formats	847
shall:	848

(1) Include all of the data gathered under this section in a	849
manner that facilitates comparison among school districts and	850
among school buildings within each school district;	851

(2) Present the data on academic achievement levels as	852
assessed by the testing of student achievement maintained pursuant	853
to division (B)(1)(d) of this section.	854

(H)(1) The state board shall, in accordance with the	855
procedures it adopts, annually prepare a statewide report for all	856
school districts and the general public that includes the profile	857
of each of the school districts developed pursuant to division (G)	858
of this section. Copies of the report shall be sent to each school	859
district.	860

(2) The state board shall, in accordance with the procedures	861
it adopts, annually prepare an individual report for each school	862
district and the general public that includes the profiles of each	863
of the school buildings in that school district developed pursuant	864
to division (G) of this section. Copies of the report shall be	865
sent to the superintendent of the district and to each member of	866
the district board of education.	867

(3) Copies of the reports received from the state board under	868
divisions (H)(1) and (2) of this section shall be made available	869
to the general public at each school district's offices. Each	870
district board of education shall make copies of each report	871
available to any person upon request and payment of a reasonable	872
fee for the cost of reproducing the report. The board shall	873
annually publish in a newspaper of general circulation in the	874
school district, at least twice during the two weeks prior to the	875
week in which the reports will first be available, a notice	876
containing the address where the reports are available and the	877
date on which the reports will be available.	878

(I) Any data that is collected or maintained pursuant to this	879
section and that identifies an individual pupil is not a public	880
record for the purposes of section 149.43 of the Revised Code.	881

(J) As used in this section:

882

(1) "School district" means any city, local, exempted	883
village, or joint vocational school district and, in accordance	884
with section 3314.17 of the Revised Code, any community school. As	885
used in division (L) of this section, "school district" also	886
includes any educational service center or other educational	887
entity required to submit data using the system established under	888
this section.	889

(2) "Cost" means any expenditure for operating expenses made	890
by a school district excluding any expenditures for debt	891
retirement except for payments made to any commercial lending	892
institution for any loan approved pursuant to section 3313.483 of	893
the Revised Code.	894

(K) Any person who removes data from the information system	895
established under this section for the purpose of releasing it to	896
any person not entitled under law to have access to such	897
information is subject to section 2913.42 of the Revised Code	898
prohibiting tampering with data.	899

(L)(1) In accordance with division (L)(2) of this section and	900
the rules adopted under division (L)(10) of this section, the	901
department of education may sanction any school district that	902
reports incomplete or inaccurate data, reports data that does not	903
conform to data requirements and descriptions published by the	904
department, fails to report data in a timely manner, or otherwise	905
does not make a good faith effort to report data as required by	906
this section.	907

(2) If the department decides to sanction a school district	908
under this division, the department shall take the following	909
sequential actions:	910

(a) Notify the district in writing that the department has	911
determined that data has not been reported as required under this	912
section and require the district to review its data submission and	913
submit corrected data by a deadline established by the department.	914
The department also may require the district to develop a	915
corrective action plan, which shall include provisions for the	916
district to provide mandatory staff training on data reporting	917
procedures.	918

(b) Withhold up to ten per cent of the total amount of state	919
funds due to the district for the current fiscal year and, if not	920
previously required under division (L)(2)(a) of this section,	921
require the district to develop a corrective action plan in	922
accordance with that division;	923

(c) Withhold an additional amount of up to twenty per cent of	924
the total amount of state funds due to the district for the	925
current fiscal year;	926

(d) Direct department staff or an outside entity to	927
investigate the district's data reporting practices and make	928
recommendations for subsequent actions. The recommendations may	929
include one or more of the following actions:	930

(i) Arrange for an audit of the district's data reporting	931
practices by department staff or an outside entity;	932

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

933

(iii) Withhold an additional amount of up to thirty per cent	934
of the total amount of state funds due to the district for the	935
current fiscal year;	936

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

937

(v) Assign department staff to supervise the district's data	938
management system;	939

(vi) Conduct an investigation to determine whether to suspend	940
or revoke the license of any district employee in accordance with	941
division (N) of this section;	942

(vii) If the district is issued a report card under section	943
3302.03 of the Revised Code, indicate on the report card that the	944
district has been sanctioned for failing to report data as	945
required by this section;	946

(viii) If the district is issued a report card under section	947
3302.03 of the Revised Code and incomplete or inaccurate data	948
submitted by the district likely caused the district to receive a	949
higher performance rating than it deserved under that section,	950
issue a revised report card for the district;	951

(ix) Any other action designed to correct the district's data	952
reporting problems.	953

(3) Any time the department takes an action against a school	954
district under division (L)(2) of this section, the department	955
shall make a report of the circumstances that prompted the action.	956
The department shall send a copy of the report to the district	957
superintendent or chief administrator and maintain a copy of the	958
report in its files.	959

(4) If any action taken under division (L)(2) of this section	960
resolves a school district's data reporting problems to the	961
department's satisfaction, the department shall not take any	962
further actions described by that division. If the department	963
withheld funds from the district under that division, the	964
department may release those funds to the district, except that if	965
the department withheld funding under division (L)(2)(c) of this	966
section, the department shall not release the funds withheld under	967
division (L)(2)(b) of this section and, if the department withheld	968
funding under division (L)(2)(d) of this section, the department	969
shall not release the funds withheld under division (L)(2)(b) or	970
(c) of this section.	971

(5) Notwithstanding anything in this section to the contrary,	972
the department may use its own staff or an outside entity to	973
conduct an audit of a school district's data reporting practices	974
any time the department has reason to believe the district has not	975
made a good faith effort to report data as required by this	976
section. If any audit conducted by an outside entity under	977
division (L)(2)(d)(i) or (5) of this section confirms that a	978
district has not made a good faith effort to report data as	979
required by this section, the district shall reimburse the	980
department for the full cost of the audit. The department may	981
withhold state funds due to the district for this purpose.	982

(6) Prior to issuing a revised report card for a school	983
district under division (L)(2)(d)(viii) of this section, the	984
department may hold a hearing to provide the district with an	985
opportunity to demonstrate that it made a good faith effort to	986
report data as required by this section. The hearing shall be	987
conducted by a referee appointed by the department. Based on the	988
information provided in the hearing, the referee shall recommend	989
whether the department should issue a revised report card for the	990
district. If the referee affirms the department's contention that	991
the district did not make a good faith effort to report data as	992
required by this section, the district shall bear the full cost of	993
conducting the hearing and of issuing any revised report card.	994

(7) If the department determines that any inaccurate data	995
reported under this section caused a school district to receive	996
excess state funds in any fiscal year, the district shall	997
reimburse the department an amount equal to the excess funds, in	998
accordance with a payment schedule determined by the department.	999
The department may withhold state funds due to the district for	1000
this purpose.	1001

(8) Any school district that has funds withheld under	1002
division (L)(2) of this section may appeal the withholding in	1003
accordance with Chapter 119. of the Revised Code.	1004

(9) In all cases of a disagreement between the department and	1005
a school district regarding the appropriateness of an action taken	1006
under division (L)(2) of this section, the burden of proof shall	1007
be on the district to demonstrate that it made a good faith effort	1008
to report data as required by this section.	1009

(10) The state board of education shall adopt rules under	1010
Chapter 119. of the Revised Code to implement division (L) of this	1011
section.	1012

(M) No information technology center or school district shall	1013
acquire, change, or update its student administration software	1014
package to manage and report data required to be reported to the	1015
department unless it converts to a student software package that	1016
is certified by the department.	1017

(N) The state board of education, in accordance with sections	1018
3319.31 and 3319.311 of the Revised Code, may suspend or revoke a	1019
license as defined under division (A) of section 3319.31 of the	1020
Revised Code that has been issued to any school district employee	1021
found to have willfully reported erroneous, inaccurate, or	1022
incomplete data to the education management information system.	1023

(O) No person shall release or maintain any information about	1024
any student in violation of this section. Whoever violates this	1025
division is guilty of a misdemeanor of the fourth degree.	1026

(P) The department shall disaggregate the data collected	1027
under division (B)(1)(n) of this section according to the race and	1028
socioeconomic status of the students assessed. No data collected	1029
under that division shall be included on the report cards required	1030
by section 3302.03 of the Revised Code.	1031

(Q) If the department cannot compile any of the information	1032
required by division (C)(5) of section 3302.03 of the Revised Code	1033
based upon the data collected under this section, the department	1034
shall develop a plan and a reasonable timeline for the collection	1035
of any data necessary to comply with that division.	1036

Sec. 3301.0715. (A) Except as ~~provided in division (E) of~~	1037
~~this section~~otherwise required under division (B)(1) of section	1038
3313.608 of the Revised Code, the board of education of each city,	1039
local, and exempted village school district shall administer each	1040
applicable diagnostic assessment developed and provided to the	1041
district in accordance with section 3301.079 of the Revised Code	1042
to the following:	1043

(1) Each student enrolled in a building that has failed to	1044
make adequate yearly progress for two or more consecutive school	1045
years;	1046

(2) Any student who transfers into the district or to a	1047
different school within the district if each applicable diagnostic	1048
assessment was not administered by the district or school the	1049
student previously attended in the current school year, within	1050
thirty days after the date of transfer. If the district or school	1051
into which the student transfers cannot determine whether the	1052
student has taken any applicable diagnostic assessment in the	1053
current school year, the district or school may administer the	1054
diagnostic assessment to the student.	1055

(3) Each kindergarten student, not earlier than four weeks	1056
prior to the first day of school and not later than the first day	1057
of October. For the purpose of division (A)(3) of this section,	1058
the district shall administer the kindergarten readiness	1059
assessment provided by the department of education. In no case	1060
shall the results of the readiness assessment be used to prohibit	1061
a student from enrolling in kindergarten.	1062

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

1063

(B) Each district board shall administer each diagnostic	1064
assessment as the board deems appropriate, provided the	1065
administration complies with section 3313.608 of the Revised Code.	1066
However, the board shall administer any diagnostic assessment at	1067
least once annually to all students in the appropriate grade	1068
level. A district board may administer any diagnostic assessment	1069
in the fall and spring of a school year to measure the amount of	1070
academic growth attributable to the instruction received by	1071
students during that school year.	1072

(C) Each district board shall utilize and score any	1073
diagnostic assessment administered under division (A) of this	1074
section in accordance with rules established by the department.	1075
~~Except as required by division (B)(1)(n) of section 3301.0714 of~~	1076
~~the Revised Code, neither the state board of education nor the~~	1077
~~department shall require school districts to report the results of~~	1078
~~diagnostic assessments for any students to the department or to~~	1079
~~make any such results available in any form to the public.~~ After	1080
the administration of any diagnostic assessment, each district	1081
shall provide a student's completed diagnostic assessment, the	1082
results of such assessment, and any other accompanying documents	1083
used during the administration of the assessment to the parent of	1084
that student ~~upon the parent's request~~, and shall include all such	1085
documents and information in any plan developed for the student	1086
under division (C) of section 3313.608 of the Revised Code. Each	1087
district shall submit to the department, in the manner the	1088
department prescribes, the results of the diagnostic assessments	1089
administered under this section, regardless of the type of	1090
assessment used under section 3313.608 of the Revised Code. The	1091
department may issue reports with respect to the data collected.	1092

(D) Each district board shall provide intervention services	1093
to students whose diagnostic assessments show that they are	1094
failing to make satisfactory progress toward attaining the	1095
academic standards for their grade level.	1096

(E) ~~Any district that made adequate yearly progress in the~~	1097
~~immediately preceding school year may assess student progress in~~	1098
~~grades one through three using a diagnostic assessment other than~~	1099
~~the diagnostic assessment required by division (A) of this~~	1100
~~section.~~	1101

~~(F) A district board may administer the third grade English~~	1102
~~language arts diagnostic assessment provided to the district in~~	1103
~~accordance with section 3301.079 of the Revised Code to any~~	1104
~~student enrolled in a building that is not subject to division~~	1105
~~(A)(1) of this section. Any district electing to administer the~~	1106
~~diagnostic assessment to students under this division shall~~	1107
~~provide intervention services to any such student whose diagnostic~~	1108
~~assessment shows unsatisfactory progress toward attaining the~~	1109
~~academic standards for the student's grade level.~~	1110

~~(G)~~ As used in this section, "adequate yearly progress" has	1111
the same meaning as in section 3302.01 of the Revised Code.	1112

Sec. 3301.0723. (A) The independent contractor engaged by	1113
the department of education to create and maintain for school	1114
districts and community schools the student data verification	1115
codes required by division (D)(2) of section 3301.0714 of the	1116
Revised Code ~~shall~~, upon request of the director of any state	1117
agency that administers a publicly funded program providing	1118
services to children who are younger than compulsory school age,	1119
as defined in section 3321.01 of the Revised Code, including the	1120
directors of health ~~under section 3701.62 of the Revised Code~~, job	1121
and family services, mental health, and developmental	1122
disabilities, shall assign a data verification code to a child who	1123
is receiving such services ~~under division (A)(2) of section~~	1124
~~3701.61 of the Revised Code. The contractor~~and shall provide that	1125
code to the director~~, who shall submit it, as specified in section~~	1126
~~3701.62 of the Revised Code, to the public school in which the~~	1127
~~child will be enrolled for special education and related services~~	1128
~~under Chapter 3323. of the Revised Code~~. The contractor also shall	1129
provide that code to the department of education.	1130

(B) The director of a state agency that receives a child's	1131
data verification code under division (A) of this section shall	1132
use that code to submit information for that child to the	1133
department of education in accordance with section 3301.0714 of	1134
the Revised Code.	1135

(C) A public school that receives afrom the independent	1136
contractor the data verification code for a child ~~from the~~	1137
~~director of health~~assigned under division (A) of this section	1138
shall not request or assign to that child another data	1139
verification code under division (D)(2) of section 3301.0714 of	1140
the Revised Code. That school and any other public school in which	1141
the child subsequently enrolls shall use the data verification	1142
code ~~provided by the director~~assigned under division (A) of this	1143
section to report data relative to that student ~~that is~~ required	1144
under section 3301.0714 of the Revised Code.	1145

Sec. 3301.52. As used in sections 3301.52 to 3301.59 of the	1146
Revised Code:	1147

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

1148

(1) A child care program for preschool children that is	1149
operated by a school district board of education or an eligible	1150
nonpublic school.	1151

(2) A child care program for preschool children age three or	1152
older that is operated by a county DD board.	1153

(B) "Preschool child" or "child" means a child who has not	1154
entered kindergarten and is not of compulsory school age.	1155

(C) "Parent, guardian, or custodian" means the person or	1156
government agency that is or will be responsible for a child's	1157
school attendance under section 3321.01 of the Revised Code.	1158

(D) "Superintendent" means the superintendent of a school	1159
district or the chief administrative officer of an eligible	1160
nonpublic school.	1161

(E) "Director" means the director, head teacher, elementary	1162
principal, or site administrator who is the individual on site and	1163
responsible for supervision of a preschool program.	1164

(F) "Preschool staff member" means a preschool employee whose	1165
primary responsibility is care, teaching, or supervision of	1166
preschool children.	1167

(G) "Nonteaching employee" means a preschool program or	1168
school child program employee whose primary responsibilities are	1169
duties other than care, teaching, and supervision of preschool	1170
children or school children.	1171

(H) "Eligible nonpublic school" means a nonpublic school	1172
chartered as described in division (B)(8) of section 5104.02 of	1173
the Revised Code or chartered by the state board of education for	1174
any combination of grades one through twelve, regardless of	1175
whether it also offers kindergarten.	1176

(I) "County DD board" means a county board of developmental	1177
disabilities.	1178

(J) "School child program" means a child care program for	1179
only school children that is operated by a school district board	1180
of education, county DD board, or eligible nonpublic school.	1181

(K) "School child" ~~and "child care" have the same meanings as~~	1182
~~in section 5104.01 of the Revised Code~~means a child who is	1183
enrolled in or is eligible to be enrolled in a grade of	1184
kindergarten or above but is less than fifteen years old.	1185

(L) "School child program staff member" means an employee	1186
whose primary responsibility is the care, teaching, or supervision	1187
of children in a school child program.	1188

(M) "Child care" means administering to the needs of infants,	1189
toddlers, preschool children, and school children outside of	1190
school hours by persons other than their parents or guardians,	1191
custodians, or relatives by blood, marriage, or adoption for any	1192
part of the twenty-four-hour day in a place or residence other	1193
than a child's own home.	1194

(N) "Child day-care center," "publicly funded child care,"	1195
and "school-age child care center" have the same meanings as in	1196
section 5104.01 of the Revised Code.	1197

Sec. 3301.53. (A) The state board of education, in	1198
consultation with the director of job and family services, shall	1199
formulate and prescribe by rule adopted under Chapter 119. of the	1200
Revised Code minimum standards to be applied to preschool programs	1201
operated by school district boards of education, county DD boards,	1202
or eligible nonpublic schools. The rules shall include the	1203
following:	1204

(1) Standards ensuring that the preschool program is located	1205
in a safe and convenient facility that accommodates the enrollment	1206
of the program, is of the quality to support the growth and	1207
development of the children according to the program objectives,	1208
and meets the requirements of section 3301.55 of the Revised Code;	1209

(2) Standards ensuring that supervision, discipline, and	1210
programs will be administered according to established objectives	1211
and procedures;	1212

(3) Standards ensuring that preschool staff members and	1213
nonteaching employees are recruited, employed, assigned,	1214
evaluated, and provided inservice education without discrimination	1215
on the basis of age, color, national origin, race, or sex; and	1216
that preschool staff members and nonteaching employees are	1217
assigned responsibilities in accordance with written position	1218
descriptions commensurate with their training and experience;	1219

(4) A requirement that boards of education intending to	1220
establish a preschool program demonstrate a need for a preschool	1221
program prior to establishing the program;	1222

(5) Requirements that children participating in preschool	1223
programs have been immunized to the extent considered appropriate	1224
by the state board to prevent the spread of communicable disease;	1225

(6) Requirements that the parents of preschool children	1226
complete the emergency medical authorization form specified in	1227
section 3313.712 of the Revised Code.	1228

(B) The state board of education in consultation with the	1229
director of job and family services shall ensure that the rules	1230
adopted by the state board under sections 3301.52 to 3301.58 of	1231
the Revised Code are consistent with and meet or exceed the	1232
requirements of Chapter 5104. of the Revised Code with regard to	1233
child day-care centers. The state board and the director of job	1234
and family services shall review all such rules at least once	1235
every five years.	1236

(C) The state board of education, in consultation with the	1237
director of job and family services, shall adopt rules for school	1238
child programs that are consistent with and meet or exceed the	1239
requirements of the rules adopted for ~~school~~school-age child	1240
~~day-care~~care centers under Chapter 5104. of the Revised Code.	1241

Sec. 3301.58. (A) The department of education is responsible	1242
for the licensing of preschool programs and school child programs	1243
and for the enforcement of sections 3301.52 to 3301.59 of the	1244
Revised Code and of any rules adopted under those sections. No	1245
school district board of education, county DD board, or eligible	1246
nonpublic school shall operate, establish, manage, conduct, or	1247
maintain a preschool program without a license issued under this	1248
section. A school district board of education, county DD board, or	1249
eligible nonpublic school may obtain a license under this section	1250
for a school child program. The school district board of	1251
education, county DD board, or eligible nonpublic school shall	1252
post the ~~current~~ license for each preschool program and licensed	1253
school child program it operates, establishes, manages, conducts,	1254
or maintains in a conspicuous place in the preschool program or	1255
licensed school child program that is accessible to parents,	1256
custodians, or guardians and employees and staff members of the	1257
program at all times when the program is in operation.	1258

(B) Any school district board of education, county DD board,	1259
or eligible nonpublic school that desires to operate, establish,	1260
manage, conduct, or maintain a preschool program shall apply to	1261
the department of education for a license on a form that the	1262
department shall prescribe by rule. Any school district board of	1263
education, county DD board, or eligible nonpublic school that	1264
desires to obtain a license for a school child program shall apply	1265
to the department for a license on a form that the department	1266
shall prescribe by rule. The department shall provide at no charge	1267
to each applicant for a license under this section a copy of the	1268
requirements under sections 3301.52 to 3301.59 of the Revised Code	1269
and any rules adopted under those sections. ~~The department shall~~	1270
~~mail application forms for the renewal of a license at least one~~	1271
~~hundred twenty days prior to the date of the expiration of the~~	1272
~~license, and the application for renewal of a license shall be~~	1273
~~filed with the department at least sixty days before the date of~~	1274
~~the expiration of the existing license.~~ The department may	1275
establish application fees by rule adopted under Chapter 119. of	1276
the Revised Code, and all applicants for a license shall pay any	1277
fee established by the department at the time of making an	1278
application for a license. All fees collected pursuant to this	1279
section shall be paid into the state treasury to the credit of the	1280
general revenue fund.	1281

(C) Upon the filing of an application for a license, the	1282
department of education shall investigate and inspect the	1283
preschool program or school child program to determine the license	1284
capacity for each age category of children of the program and to	1285
determine whether the program complies with sections 3301.52 to	1286
3301.59 of the Revised Code and any rules adopted under those	1287
sections. When, after investigation and inspection, the department	1288
of education is satisfied that sections 3301.52 to 3301.59 of the	1289
Revised Code and any rules adopted under those sections are	1290
complied with by the applicant, the department of education shall	1291
issue the program a provisional license as soon as practicable in	1292
the form and manner prescribed by the rules of the department. The	1293
provisional license shall be valid for ~~six months~~one year from	1294
the date of issuance unless revoked.	1295

(D) The department of education shall investigate and inspect	1296
a preschool program or school child program that has been issued a	1297
provisional license at least once during operation under the	1298
provisional license. If, after the investigation and inspection,	1299
the department of education determines that the requirements of	1300
sections 3301.52 to 3301.59 of the Revised Code and any rules	1301
adopted under those sections are met by the provisional licensee,	1302
the department of education shall issue the program a license ~~that~~	1303
~~is effective for two years from the date of the issuance of the~~	1304
~~provisional license~~. The license shall remain valid unless revoked	1305
or the program ceases operations.	1306

(E) ~~Upon the filing of an application for the renewal of a~~	1307
~~license by a preschool program or school child program, the~~The	1308
department of education annually shall investigate and inspect ~~the~~	1309
each preschool program or school child program~~. If the department~~	1310
~~of education determines that~~licensed under division (D) of this	1311
section to determine if the requirements of sections 3301.52 to	1312
3301.59 of the Revised Code and any rules adopted under those	1313
sections are met by the ~~applicant, the department of education~~	1314
~~shall renew the license for two years from the date of the~~	1315
~~expiration date of the previous license~~program, and shall notify	1316
the program of the results.	1317

(F) The license or provisional license shall state the name	1318
of the school district board of education, county DD board, or	1319
eligible nonpublic school that operates the preschool program or	1320
school child program and the license capacity of the program. ~~The~~	1321
~~license shall include any other information required by section~~	1322
~~5104.03 of the Revised Code for the license of a child day-care~~	1323
~~center.~~	1324

(G) The department of education may revoke the license of any	1325
preschool program or school child program that is not in	1326
compliance with the requirements of sections 3301.52 to 3301.59 of	1327
the Revised Code and any rules adopted under those sections.	1328

(H) If the department of education revokes a license or	1329
~~refuses to renew a license to a program~~, the department shall not	1330
issue a license to the program within two years from the date of	1331
the revocation ~~or refusal~~. All actions of the department with	1332
respect to licensing preschool programs and school child programs	1333
shall be in accordance with Chapter 119. of the Revised Code.	1334

Sec. 3301.90. The governor shall create the early childhood	1335
advisory council in accordance with 42 U.S.C. 9837b(b)(1) and	1336
shall appoint one of its members to serve as chairperson of the	1337
council. The council shall serve as the state advisory council on	1338
early childhood education and care, as described in 42 U.S.C.	1339
9837b(b)(1). In addition to the duties specified in 42 U.S.C.	1340
9837b(b)(1), the council ~~shall advise the state regarding the~~	1341
~~creation and duties of the center for early childhood development~~	1342
~~and~~ shall promote family-centered programs and services that	1343
acknowledge and support the social, emotional, cognitive,	1344
intellectual, and physical development of children and the vital	1345
role of families in ensuring the well-being and success of	1346
children.	1347

Sec. 3301.922. The department of education shall issue an	1348
annual report on the ~~compliance of~~participation by public and	1349
chartered nonpublic schools ~~with~~in the ~~requirements~~option of	1350
~~section~~sections 3313.674, 3314.15, and 3326.26 of the Revised	1351
Code to screen students for body mass index and weight status	1352
category. The department shall include in the report any data	1353
regarding student health and wellness collected ~~by the department~~	1354
in conjunction with those ~~requirements~~sections. The department	1355
shall submit each report to the governor, the general assembly,	1356
and the healthy choices for healthy children council.	1357

Sec. 3301.941. As used in this section, "early childhood	1358
program" means any publicly funded program providing services to	1359
children younger than compulsory school age, as defined in section	1360
3321.01 of the Revised Code.	1361

Student level data records collected and maintained for	1362
purposes of administering early childhood programs shall be	1363
assigned a unique student data verification code in accordance	1364
with division (D)(2) of section 3301.0714 of the Revised Code and	1365
shall be included in the combined data repository authorized by	1366
section 3301.94 of the Revised Code. The department may require	1367
certain personally identifiable student data, including student	1368
names, to be reported to the department for purposes of	1369
administering early childhood programs but not be included in the	1370
combined data repository. The department and each school or center	1371
providing services through an early childhood program that	1372
receives a student level data record, a data verification code, or	1373
other personally identifiable information shall not release that	1374
record, code, or other information to any person except as	1375
provided by section 3319.321 of the Revised Code or the "Family	1376
Educational Rights and Privacy Act of 1974," 88 Stat. 571, 20	1377
U.S.C. 1232g. Any document relative to an early childhood program	1378
that the department holds in its files that contains a student's	1379
name, data verification code, or other personally identifiable	1380
information shall not be a public record under section 149.43 of	1381
the Revised Code.	1382

Any state agency that administers an early childhood program	1383
may use student data contained in the combined data repository to	1384
conduct research and analysis designed to evaluate the	1385
effectiveness of and investments in that program, in compliance	1386
with the Family Educational Rights and Privacy Act and regulations	1387
promulgated under that act.	1388

Sec. 3302.03. (A) Annually the department of education shall	1389
report for each school district and each school building in a	1390
district all of the following:	1391

(1) The extent to which the school district or building meets	1392
each of the applicable performance indicators created by the state	1393
board of education under section 3302.02 of the Revised Code and	1394
the number of applicable performance indicators that have been	1395
achieved;	1396

(2) The performance index score of the school district or	1397
building;	1398

(3) Whether the school district or building has made adequate	1399
yearly progress;	1400

(4) Whether the school district or building is excellent,	1401
effective, needs continuous improvement, is under an academic	1402
watch, or is in a state of academic emergency.	1403

(B) Except as otherwise provided in division (B)(6) of this	1404
section:	1405

(1) A school district or building shall be declared excellent	1406
if it meets at least ninety-four per cent of the applicable state	1407
performance indicators or has a performance index score	1408
established by the department, except that if it does not make	1409
adequate yearly progress for two or more of the same subgroups for	1410
three or more consecutive years, it shall be declared effective.	1411

(2) A school district or building shall be declared effective	1412
if it meets at least seventy-five per cent but less than	1413
ninety-four per cent of the applicable state performance	1414
indicators or has a performance index score established by the	1415
department, except that if it does not make adequate yearly	1416
progress for two or more of the same subgroups for three or more	1417
consecutive years, it shall be declared in need of continuous	1418
improvement.	1419

(3) A school district or building shall be declared to be in	1420
need of continuous improvement if it fulfills one of the following	1421
requirements:	1422

(a) It makes adequate yearly progress, meets less than	1423
seventy-five per cent of the applicable state performance	1424
indicators, and has a performance index score established by the	1425
department.	1426

(b) It does not make adequate yearly progress and either	1427
meets at least fifty per cent but less than seventy-five per cent	1428
of the applicable state performance indicators or has a	1429
performance index score established by the department.	1430

(4) A school district or building shall be declared to be	1431
under an academic watch if it does not make adequate yearly	1432
progress and either meets at least thirty-one per cent but less	1433
than fifty per cent of the applicable state performance indicators	1434
or has a performance index score established by the department.	1435

(5) A school district or building shall be declared to be in	1436
a state of academic emergency if it does not make adequate yearly	1437
progress, does not meet at least thirty-one per cent of the	1438
applicable state performance indicators, and has a performance	1439
index score established by the department.	1440

(6) Division (B)(6) of this section does not apply to any	1441
community school established under Chapter 3314. of the Revised	1442
Code in which a majority of the students are enrolled in a dropout	1443
prevention and recovery program.	1444

A school district or building shall not be assigned a higher	1445
performance rating than in need of continuous improvement if at	1446
least ten per cent but not more than fifteen per cent of the	1447
enrolled students do not take all achievement assessments	1448
prescribed for their grade level under division (A)(1) or (B)(1)	1449
of section 3301.0710 of the Revised Code from which they are not	1450
excused pursuant to division (C)(1) or (3) of section 3301.0711 of	1451
the Revised Code. A school district or building shall not be	1452
assigned a higher performance rating than under an academic watch	1453
if more than fifteen per cent but not more than twenty per cent of	1454
the enrolled students do not take all achievement assessments	1455
prescribed for their grade level under division (A)(1) or (B)(1)	1456
of section 3301.0710 of the Revised Code from which they are not	1457
excused pursuant to division (C)(1) or (3) of section 3301.0711 of	1458
the Revised Code. A school district or building shall not be	1459
assigned a higher performance rating than in a state of academic	1460
emergency if more than twenty per cent of the enrolled students do	1461
not take all achievement assessments prescribed for their grade	1462
level under division (A)(1) or (B)(1) of section 3301.0710 of the	1463
Revised Code from which they are not excused pursuant to division	1464
(C)(1) or (3) of section 3301.0711 of the Revised Code.	1465

(C)(1) The department shall issue annual report cards for	1466
each school district, each building within each district, and for	1467
the state as a whole reflecting performance on the indicators	1468
created by the state board under section 3302.02 of the Revised	1469
Code, the performance index score, and adequate yearly progress.	1470

(2) The department shall include on the report card for each	1471
district information pertaining to any change from the previous	1472
year made by the school district or school buildings within the	1473
district on any performance indicator.	1474

(3) When reporting data on student performance, the	1475
department shall disaggregate that data according to the following	1476
categories:	1477

(a) Performance of students by age group;

1478

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

1479

1480

(d) Performance of students grouped by those who have been	1481
enrolled in a district or school for three or more years;	1482

(e) Performance of students grouped by those who have been	1483
enrolled in a district or school for more than one year and less	1484
than three years;	1485

(f) Performance of students grouped by those who have been	1486
enrolled in a district or school for one year or less;	1487

(g) Performance of students grouped by those who are	1488
economically disadvantaged;	1489

(h) Performance of students grouped by those who are enrolled	1490
in a conversion community school established under Chapter 3314.	1491
of the Revised Code;	1492

(i) Performance of students grouped by those who are	1493
classified as limited English proficient;	1494

(j) Performance of students grouped by those who have	1495
disabilities;	1496

(k) Performance of students grouped by those who are	1497
classified as migrants;	1498

(l) Performance of students grouped by those who are	1499
identified as gifted pursuant to Chapter 3324. of the Revised	1500
Code.	1501

The department may disaggregate data on student performance	1502
according to other categories that the department determines are	1503
appropriate. To the extent possible, the department shall	1504
disaggregate data on student performance according to any	1505
combinations of two or more of the categories listed in divisions	1506
(C)(3)(a) to (l) of this section that it deems relevant.	1507

In reporting data pursuant to division (C)(3) of this	1508
section, the department shall not include in the report cards any	1509
data statistical in nature that is statistically unreliable or	1510
that could result in the identification of individual students.	1511
For this purpose, the department shall not report student	1512
performance data for any group identified in division (C)(3) of	1513
this section that contains less than ten students.	1514

(4) The department may include with the report cards any	1515
additional education and fiscal performance data it deems	1516
valuable.	1517

(5) The department shall include on each report card a list	1518
of additional information collected by the department that is	1519
available regarding the district or building for which the report	1520
card is issued. When available, such additional information shall	1521
include student mobility data disaggregated by race and	1522
socioeconomic status, college enrollment data, and the reports	1523
prepared under section 3302.031 of the Revised Code.	1524

The department shall maintain a site on the world wide web.	1525
The report card shall include the address of the site and shall	1526
specify that such additional information is available to the	1527
public at that site. The department shall also provide a copy of	1528
each item on the list to the superintendent of each school	1529
district. The district superintendent shall provide a copy of any	1530
item on the list to anyone who requests it.	1531

(6)(a) This division does not apply to conversion community	1532
schools that primarily enroll students between sixteen and	1533
twenty-two years of age who dropped out of high school or are at	1534
risk of dropping out of high school due to poor attendance,	1535
disciplinary problems, or suspensions.	1536

For any district that sponsors a conversion community school	1537
under Chapter 3314. of the Revised Code, the department shall	1538
combine data regarding the academic performance of students	1539
enrolled in the community school with comparable data from the	1540
schools of the district for the purpose of calculating the	1541
performance of the district as a whole on the report card issued	1542
for the district under this section or section 3302.033 of the	1543
Revised Code.	1544

(b) Any district that leases a building to a community school	1545
located in the district or that enters into an agreement with a	1546
community school located in the district whereby the district and	1547
the school endorse each other's programs may elect to have data	1548
regarding the academic performance of students enrolled in the	1549
community school combined with comparable data from the schools of	1550
the district for the purpose of calculating the performance of the	1551
district as a whole on the district report card. Any district that	1552
so elects shall annually file a copy of the lease or agreement	1553
with the department.	1554

(7) The department shall include on each report card the	1555
percentage of teachers in the district or building who are highly	1556
qualified, as defined by the "No Child Left Behind Act of 2001,"	1557
and a comparison of that percentage with the percentages of such	1558
teachers in similar districts and buildings.	1559

(8) The department shall include on the report card the	1560
number of lead teachers employed by each district and each	1561
building once the data is available from the education management	1562
information system established under section 3301.0714 of the	1563
Revised Code.	1564

(D)(1) In calculating English language arts, mathematics,	1565
social studies, or science assessment passage rates used to	1566
determine school district or building performance under this	1567
section, the department shall include all students taking an	1568
assessment with accommodation or to whom an alternate assessment	1569
is administered pursuant to division (C)(1) or (3) of section	1570
3301.0711 of the Revised Code.	1571

(2) In calculating performance index scores, rates of	1572
achievement on the performance indicators established by the state	1573
board under section 3302.02 of the Revised Code, and adequate	1574
yearly progress for school districts and buildings under this	1575
section, the department shall do all of the following:	1576

(a) Include for each district or building only those students	1577
who are included in the ADM certified for the first full school	1578
week of October and are continuously enrolled in the district or	1579
building through the time of the spring administration of any	1580
assessment prescribed by division (A)(1) or (B)(1) of section	1581
3301.0710 of the Revised Code that is administered to the	1582
student's grade level;	1583

(b) Include cumulative totals from both the fall and spring	1584
administrations of the third grade English language arts	1585
achievement assessment;	1586

(c) Except as required by the "No Child Left Behind Act of	1587
2001" for the calculation of adequate yearly progress, exclude for	1588
each district or building any limited English proficient student	1589
who has been enrolled in United States schools for less than one	1590
full school year.	1591

Sec. 3302.032. (A) Not later than December 31, 2011, the	1592
state board of education shall establish a measure of the	1593
following:	1594

(1) Student success in meeting the benchmarks contained in	1595
the physical education standards adopted under division (A)(3) of	1596
section 3301.079 of the Revised Code;	1597

(2) Compliance with the requirements for local wellness	1598
policies prescribed by section 204 of the "Child Nutrition and WIC	1599
Reauthorization Act of 2004," 42 U.S.C. 1751 note;	1600

(3) Whether a school district or building ~~is complying with~~	1601
~~section~~has elected to administer the screenings authorized by	1602
sections 3313.674, 3314.15, and 3326.26 of the Revised Code	1603
~~instead of operating under a waiver from the requirements of that~~	1604
~~section~~;	1605

(4) Whether a school district or building is participating in	1606
the physical activity pilot program administered under section	1607
3313.6016 of the Revised Code.	1608

(B) The measure shall be included on the school district and	1609
building report cards issued under section 3302.03 of the Revised	1610
Code, beginning with the report cards issued for the 2012-2013	1611
school year, but it shall not be a factor in the performance	1612
ratings issued under that section.	1613

(C) The department of education may accept, receive, and	1614
expend gifts, devises, or bequests of money for the purpose of	1615
establishing the measure required by this section.	1616

Sec. 3302.033. The state board of education, in consultation	1617
with the chancellor of the Ohio board of regents, any office	1618
within the office of the governor concerning workforce	1619
development, the Ohio association of career and technical	1620
education, the Ohio association of city career-technical schools,	1621
and the Ohio association of career-technical superintendents,	1622
shall approve a report card for joint vocational school districts	1623
and for other career-technical planning districts that are not	1624
joint vocational school districts. The state board shall submit	1625
details of the approved report card to the governor, the speaker	1626
of the house of representatives, the president of the senate, and	1627
the chairpersons of the standing committees of the house of	1628
representatives and the senate principally responsible for	1629
education policy. The department of education annually shall issue	1630
a report card for each joint vocational school district and	1631
career-technical planning district, beginning with report cards	1632
for the 2012-2013 school year to be published not later than	1633
September 1, 2013.	1634

As used in this section, "career-technical planning district"	1635
means a school district or group of school districts designated by	1636
the department as being responsible for the planning for and	1637
provision of career-technical education services to students	1638
within the district or group.	1639

Sec. 3302.042. (A) This section shall operate as a pilot	1640
project that applies to any school that has been ranked according	1641
to performance index score under section 3302.21 of the Revised	1642
Code in the lowest five per cent of all public school buildings	1643
statewide for three or more consecutive school years and is	1644
operated by the Columbus city school district. The pilot project	1645
shall commence once the department of education establishes	1646
implementation guidelines for the pilot project in consultation	1647
with the Columbus city school district.	1648

(B) Except as provided in division (D), (E), or (F) of this	1649
section, if the parents or guardians of at least fifty per cent of	1650
the students enrolled in a school to which this section applies,	1651
or if the parents or guardians of at least fifty per cent of the	1652
total number of students enrolled in that school and the schools	1653
of lower grade levels whose students typically matriculate into	1654
that school, by the thirty-first day of December of any school	1655
year in which the school is subject to this section, sign and file	1656
with the school district treasurer a petition requesting the	1657
district board of education to implement one of the following	1658
reforms in the school, and if the validity and sufficiency of the	1659
petition is certified in accordance with division (C) of this	1660
section, the board shall implement the requested reform in the	1661
next school year:	1662

(1) Reopen the school as a community school under Chapter	1663
3314. of the Revised Code;	1664

(2) Replace at least seventy per cent of the school's	1665
personnel who are related to the school's poor academic	1666
performance or, at the request of the petitioners, retain not more	1667
than thirty per cent of the personnel;	1668

(3) Contract with another school district or a nonprofit or	1669
for-profit entity with a demonstrated record of effectiveness to	1670
operate the school;	1671

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

1672

(5) Any other major restructuring of the school that makes	1673
fundamental reforms in the school's staffing or governance.	1674

(C) Not later than thirty days after receipt of a petition	1675
under division (B) of this section, the district treasurer shall	1676
verify the validity and sufficiency of the signatures on the	1677
petition and certify to the district board whether the petition	1678
contains the necessary number of valid signatures to require the	1679
board to implement the reform requested by the petitioners. If the	1680
treasurer certifies to the district board that the petition does	1681
not contain the necessary number of valid signatures, any person	1682
who signed the petition may file an appeal with the county auditor	1683
within ten days after the certification. Not later than thirty	1684
days after the filing of an appeal, the county auditor shall	1685
conduct an independent verification of the validity and	1686
sufficiency of the signatures on the petition and certify to the	1687
district board whether the petition contains the necessary number	1688
of valid signatures to require the board to implement the	1689
requested reform. If the treasurer or county auditor certifies	1690
that the petition contains the necessary number of valid	1691
signatures, the district board shall notify the superintendent of	1692
public instruction and the state board of education of the	1693
certification.	1694

(D) The district board shall not implement the reform	1695
requested by the petitioners in any of the following	1696
circumstances:	1697

(1) The district board has determined that the request is for	1698
reasons other than improving student academic achievement or	1699
student safety.	1700

(2) The state superintendent has determined that	1701
implementation of the requested reform would not comply with the	1702
model of differentiated accountability described in section	1703
3302.041 of the Revised Code.	1704

(3) The petitioners have requested the district board to	1705
implement the reform described in division (B)(4) of this section	1706
and the department has not agreed to take over the school's	1707
operation.	1708

(4) When all of the following have occurred:

1709

(a) After a public hearing on the matter, the district board	1710
issued a written statement explaining the reasons that it is	1711
unable to implement the requested reform and agreeing to implement	1712
one of the other reforms described in division (B) of this	1713
section.	1714

(b) The district board submitted its written statement to the	1715
state superintendent and the state board along with evidence	1716
showing how the alternative reform the district board has agreed	1717
to implement will enable the school to improve its academic	1718
performance.	1719

(c) Both the state superintendent and the state board have	1720
approved implementation of the alternative reform.	1721

(E) If the provisions of this section conflict in any way	1722
with the requirements of federal law, federal law shall prevail	1723
over the provisions of this section.	1724

(F) If a school is restructured under this section, section	1725
3302.10 or 3302.12 of the Revised Code, or federal law, the school	1726
shall not be required to restructure again under state law for	1727
three consecutive years after the implementation of that prior	1728
restructuring.	1729

(G) Beginning not later than six months after the first	1730
petition under this section has been resolved, the department of	1731
education shall annually evaluate the pilot program and submit a	1732
report to the general assembly under section 101.68 of the Revised	1733
Code. Such reports shall contain its recommendations to the	1734
general assembly with respect to the continuation of the pilot	1735
program, its expansion to other school districts, or the enactment	1736
of further legislation establishing the program statewide under	1737
permanent law.	1738

Sec. 3302.12. (A) ~~For~~Except as provided in divisions (C)	1739
and (D) of this section, for any school building that is ranked	1740
according to performance index score under section 3302.21 of the	1741
Revised Code in the lowest five per cent of all public school	1742
buildings statewide for three consecutive years and is declared to	1743
be under an academic watch or in a state of academic emergency	1744
under section 3302.03 of the Revised Code, the district board of	1745
education shall do one of the following at the conclusion of the	1746
school year in which the building first becomes subject to this	1747
division:	1748

(1) Close the school and direct the district superintendent	1749
to reassign the students enrolled in the school to other school	1750
buildings that demonstrate higher academic achievement;	1751

(2) Contract with another school district or a nonprofit or	1752
for-profit entity with a demonstrated record of effectiveness to	1753
operate the school;	1754

(3) Replace the principal and all teaching staff of the	1755
school and, upon request from the new principal, exempt the school	1756
from all requested policies and regulations of the board regarding	1757
curriculum and instruction. The board also shall distribute	1758
funding to the school in an amount that is at least equal to the	1759
product of the per pupil amount of state and local revenues	1760
received by the district multiplied by the student population of	1761
the school.	1762

(4) Reopen the school as a conversion community school under	1763
Chapter 3314. of the Revised Code.	1764

(B) If an action taken by the board under division (A) of	1765
this section causes the district to no longer maintain all grades	1766
kindergarten through twelve, as required by section 3311.29 of the	1767
Revised Code, the board shall enter into a contract with another	1768
school district pursuant to section 3327.04 of the Revised Code	1769
for enrollment of students in the schools of that other district	1770
to the extent necessary to comply with the requirement of section	1771
3311.29 of the Revised Code. Notwithstanding any provision of the	1772
Revised Code to the contrary, if the board enters into and	1773
maintains a contract under section 3327.04 of the Revised Code,	1774
the district shall not be considered to have failed to comply with	1775
the requirement of section 3311.29 of the Revised Code. If,	1776
however, the district board fails to or is unable to enter into or	1777
maintain such a contract, the state board of education shall take	1778
all necessary actions to dissolve the district as provided in	1779
division (A) of section 3311.29 of the Revised Code.	1780

(C) If a particular school is required to restructure under	1781
this section and a petition with respect to that same school has	1782
been filed and verified under divisions (B) and (C) of section	1783
3302.042 of the Revised Code, the provisions of that section and	1784
the petition filed and verified under it shall prevail over the	1785
provisions of this section and the school shall be restructured	1786
under that section. However, if division (D)(1), (2), or (3) of	1787
section 3302.042 of the Revised Code also applies to the school,	1788
the school shall be subject to restructuring under this section	1789
and not section 3302.042 of the Revised Code.	1790

If the provisions of this section conflict in any way with	1791
the requirements of federal law, federal law shall prevail over	1792
the provisions of this section.	1793

(D) If a school is restructured under this section, section	1794
3302.042 or 3302.10 of the Revised Code, or federal law, the	1795
school shall not be required to restructure again under state law	1796
for three consecutive years after the implementation of that prior	1797
restructuring.	1798

Sec. 3302.20. (A) The department of education shall develop	1799
standards for determining, from the existing data reported in	1800
accordance with sections 3301.0714 and 3314.17 of the Revised	1801
Code, the amount of annual operating expenditures for classroom	1802
instructional purposes and for nonclassroom purposes for each	1803
city, exempted village, local, and joint vocational school	1804
district, each community school established under Chapter 3314.	1805
that is not an internet- or computer-based community school, each	1806
internet- or computer-based community school, and each STEM school	1807
established under Chapter 3326. of the Revised Code. ~~Not later~~	1808
~~than January 1, 2012, the~~The department shall present those	1809
standards to the state board of education for consideration. In	1810
developing the standards, the department shall adapt existing	1811
standards used by professional organizations, research	1812
organizations, and other state governments. The department also	1813
shall align the expenditure categories required for reporting	1814
under the standards with the categories that are required for	1815
reporting to the United States department of education under	1816
federal law.	1817

The state board shall consider the proposed standards and	1818
adopt a final set of standards not later than December 31, 2012.	1819
School districts, community schools, and STEM schools shall begin	1820
reporting data in accordance with the standards on July 1, ~~2012~~	1821
2013.	1822

(B)(1) The department shall categorize all city, exempted	1823
village, and local school districts into not less than three nor	1824
more than five groups based primarily on average daily student	1825
enrollment as reported on the most recent report card issued for	1826
each district under section 3302.03 of the Revised Code.	1827

(2) The department shall categorize all joint vocational	1828
school districts into not less than three nor more than five	1829
groups based primarily on average daily membership as reported	1830
under division (D) of section 3317.03 of the Revised Code rounded	1831
to the nearest whole number.	1832

(3) The department shall categorize all community schools	1833
that are not internet- or computer-based community schools into	1834
not less than three nor more than five groups based primarily on	1835
average daily student enrollment as reported on the most recent	1836
report card issued for each community school under sections	1837
3302.03 and 3314.012 of the Revised Code.	1838

(4) The department shall categorize all internet- or	1839
computer-based community schools into a single category.	1840

(5) The department shall categorize all STEM schools into a	1841
single category.	1842

(C) Using the standards adopted under division (A) of this	1843
section and the data reported under sections 3301.0714 and 3314.17	1844
of the Revised Code, the department shall compute~~, for fiscal~~	1845
~~years 2008 through 2012, and~~ annually for each fiscal year	1846
~~thereafter~~, the following:	1847

(1) The percentage of each district's, community school's, or	1848
STEM school's total operating budget spent for classroom	1849
instructional purposes;	1850

(2) The statewide average percentage for all districts,	1851
community schools, and STEM schools combined spent for classroom	1852
instructional purposes;	1853

(3) The average percentage for each of the categories of	1854
districts and schools established under division (B) of this	1855
section spent for classroom instructional purposes;	1856

(4) The ranking of each district, community school, or STEM	1857
school within its respective category established under division	1858
(B) of this section according to the following:	1859

(a) From highest to lowest percentage spent for classroom	1860
instructional purposes;	1861

(b) From lowest to highest percentage spent for	1862
noninstructional purposes.	1863

(D) In its display of rankings within each category under	1864
division (C)(4) of this section, the department shall make the	1865
following notations:	1866

(1) Within each category of city, exempted village, and local	1867
school districts, the department shall denote each district that	1868
is:	1869

(a) Among the twenty per cent of all city, exempted village,	1870
and local school districts statewide with the lowest total	1871
operating expenditures per pupil;	1872

(b) Among the twenty per cent of all city, exempted village,	1873
and local school districts statewide with the highest performance	1874
index scores.	1875

(2) Within each category of joint vocational school	1876
districts, the department shall denote each district that is:	1877

(a) Among the twenty per cent of all joint vocational school	1878
districts statewide with the lowest total operating expenditures	1879
per pupil;	1880

(b) Among the twenty per cent of all joint vocational school	1881
districts statewide with the highest ~~performance measures required~~	1882
~~for career-technical education under 20 U.S.C. 2323, as ranked~~	1883
report card scores under ~~division (A)(3) of~~ section ~~3302.21~~	1884
3302.033 of the Revised Code.	1885

(3) Within each category of community schools that are not	1886
internet- or computer-based community schools, the department	1887
shall denote each school that is:	1888

(a) Among the twenty per cent of all such community schools	1889
statewide with the lowest total operating expenditures per pupil;	1890

(b) Among the twenty per cent of all such community schools	1891
statewide with the highest performance index scores.	1892

(4) Within the category of internet- or computer-based	1893
community schools, the department shall denote each school that	1894
is:	1895

(a) Among the twenty per cent of all such community schools	1896
statewide with the lowest total operating expenditures per pupil;	1897

(b) Among the twenty per cent of all such community schools	1898
statewide with the highest performance index scores.	1899

(5) Within the category of STEM schools, the department shall	1900
denote each school that is:	1901

(a) Among the twenty per cent of all STEM schools statewide	1902
with the lowest total operating expenditures per pupil;	1903

(b) Among the twenty per cent of all STEM schools statewide	1904
with the highest performance index scores.	1905

(E) The department shall post in a prominent location on its	1906
web site the information prescribed by divisions (C) and (D) of	1907
this section. The department also shall include on each	1908
district's, community school's, and STEM school's annual report	1909
card issued under section 3302.03 of the Revised Code the	1910
respective information computed for the district or school under	1911
divisions (C)(1) and (4) of this section, the statewide	1912
information computed under division (C)(2) of this section, and	1913
the information computed for the district's or school's category	1914
under division (C)(3) of this section.	1915

(F) As used in this section:

1916

(1) "Internet- or computer-based community school" has the	1917
same meaning as in section 3314.02 of the Revised Code.	1918

(2) A school district's, community school's, or STEM school's	1919
performance index score rank is its performance index score rank	1920
as computed under section 3302.21 of the Revised Code.	1921

Sec. 3302.21. (A) The department of education shall develop	1922
a system to rank order all city, exempted village, and local~~, and~~	1923
~~joint vocational~~ school districts, community schools established	1924
under Chapter 3314., and STEM schools established under Chapter	1925
3326. of the Revised Code according to the following measures:	1926

(1) Performance index score for each school district,	1927
community school, and STEM school and for each separate building	1928
of a district, community school, or STEM school. For districts,	1929
schools, or buildings to which the performance index score does	1930
not apply, the superintendent of public instruction shall develop	1931
another measure of student academic performance and use that	1932
measure to include those buildings in the ranking so that all	1933
districts, schools, and buildings may be reliably compared to each	1934
other.	1935

(2) Student performance growth from year to year, using the	1936
value-added progress dimension, if applicable, and other measures	1937
of student performance growth designated by the superintendent of	1938
public instruction for subjects and grades not covered by the	1939
value-added progress dimension;	1940

(3) ~~Performance measures required for career-technical~~	1941
~~education under 20 U.S.C. 2323, if applicable. If a school~~	1942
~~district is a "VEPD" or "lead district" as those terms are defined~~	1943
~~in section 3317.023 of the Revised Code, the district's ranking~~	1944
~~shall be based on the performance of career-technical students~~	1945
~~from that district and all other districts served by that~~	1946
~~district, and such fact, including the identity of the other~~	1947
~~districts served by that district, shall be noted on the report~~	1948
~~required by division (B) of this section.~~	1949

~~(4)~~ Current operating expenditures per pupil as determined	1950
under standards adopted by the state board of education under	1951
section 3302.20 of the Revised Code;	1952

~~(5)~~(4) Of total current operating expenditures, percentage	1953
spent for classroom instruction as determined under standards	1954
adopted by the state board ~~of education~~under section 3302.20 of	1955
the Revised Code;	1956

~~(6)~~(5) Performance of, and opportunities provided to,	1957
students identified as gifted using value-added progress	1958
dimensions, if applicable, and other relevant measures as	1959
designated by the superintendent of public instruction.	1960

The department shall rank each district, community school,	1961
and STEM school annually in accordance with the system developed	1962
under this section.	1963

(B) In addition to the reports required by sections 3302.03	1964
and 3302.031 of the Revised Code, not later than the first day of	1965
September each year, the department shall issue a report for each	1966
city, exempted village, and local~~, and joint vocational~~ school	1967
district, each community school, and each STEM school indicating	1968
the district's or school's rank on each measure described in	1969
divisions (A)(1) to ~~(5)~~(4) of this section, including each	1970
separate building's rank among all public school buildings	1971
according to performance index score under division (A)(1) of this	1972
section.	1973

Sec. 3302.25. (A) In accordance with standards prescribed by	1974
the state board of education for categorization of school district	1975
expenditures adopted under division (A) of section 3302.20 of the	1976
Revised Code, the department of education annually shall determine	1977
all of the following for the previous fiscal year:	1978

(1) For each school district, the ratio of the district's	1979
operating expenditures for classroom instructional purposes	1980
compared to its operating expenditures for ~~administrative~~	1981
nonclassroom purposes;	1982

(2) For each school district, the per pupil amount of the	1983
district's expenditures for classroom instructional purposes;	1984

(3) For each school district, the per pupil amount of the	1985
district's operating expenditures for ~~administrative~~nonclassroom	1986
purposes;	1987

(4) For each school district, the percentage of the	1988
district's operating expenditures attributable to school district	1989
funds;	1990

(5) The statewide average among all school districts for each	1991
of the items described in divisions (A)(1) to (4) of this section.	1992

(B) The department annually shall submit a report to each	1993
school district indicating the district's information for each of	1994
the items described in divisions (A)(1) to (4) of this section and	1995
the statewide averages described in division (A)(5) of this	1996
section.	1997

(C) Each school district, upon receipt of the report	1998
prescribed by division (B) of this section, shall publish the	1999
information contained in that report in a prominent location on	2000
the district's web site and publish the report in another fashion	2001
so that it is available to all parents of students enrolled in the	2002
district and to taxpayers of the district.	2003

Sec. 3302.41. As used in this section, "blended learning"	2004
has the same meaning as in section 3301.079 of the Revised Code.	2005

(A) Any local, city, exempted village, or joint vocational	2006
school district, community school established under Chapter 3314.	2007
of the Revised Code, STEM school established under Chapter 3326.	2008
of the Revised Code, college-preparatory boarding school	2009
established under Chapter 3328. of the Revised Code, or chartered	2010
nonpublic school may operate all or part of a school using a	2011
blended learning model. If a school is operated using a blended	2012
learning model or is to cease operating using a blended learning	2013
model, the superintendent of the school or district or director of	2014
the school shall notify the department of education of that fact	2015
not later than the first day of July of the school year for which	2016
the change is effective. If any school district school, community	2017
school, or STEM school is already operated using a blended	2018
learning model on the effective date of this section, the	2019
superintendent of the school or district may notify the department	2020
within ninety days after the effective date of this section of	2021
that fact and request that the school be classified as a blended	2022
learning school.	2023

(B) The state board of education shall revise any operating	2024
standards for school districts and chartered nonpublic schools	2025
adopted under section 3301.07 of the Revised Code to include	2026
standards for the operation of blended learning under this	2027
section. The blended learning operation standards shall provide	2028
for all of the following:	2029

(1) Student-to-teacher ratios whereby no school or classroom	2030
is required to have more than one teacher for every one hundred	2031
twenty-five students in blended learning classrooms;	2032

(2) The extent to which the school is or is not obligated to	2033
provide students with access to digital learning tools;	2034

(3) The ability of all students, at any grade level, to earn	2035
credits or advance grade levels upon demonstrating mastery of	2036
knowledge or skills through competency-based learning models.	2037
Credits or grade level advancement shall not be based on a minimum	2038
number of days or hours in a classroom.	2039

(4) An exemption from minimum school year or school day	2040
requirements in sections 3313.48 and 3313.481 of the Revised Code;	2041

(5) Adequate provisions for: the licensing of teachers,	2042
administrators, and other professional personnel and their	2043
assignment according to training and qualifications; efficient and	2044
effective instructional materials and equipment, including library	2045
facilities; the proper organization, administration, and	2046
supervision of each school, including regulations for preparing	2047
all necessary records and reports and the preparation of a	2048
statement of policies and objectives for each school; buildings,	2049
grounds, and health and sanitary facilities and services;	2050
admission of pupils, and such requirements for their promotion	2051
from grade to grade as will ensure that they are capable and	2052
prepared for the level of study to which they are certified;	2053
requirements for graduation; and such other factors as the board	2054
finds necessary.	2055

(C) An internet- or computer-based community school, as	2056
defined in section 3314.02 of the Revised Code, is not a blended	2057
learning school authorized under this section. Nor does this	2058
section affect any provisions for the operation of and payments to	2059
an internet- or computer-based community school prescribed in	2060
Chapter 3314. of the Revised Code.	2061

Sec. 3310.03. A student is an "eligible student" for	2062
purposes of the educational choice scholarship pilot program if	2063
the student's resident district is not a school district in which	2064
the pilot project scholarship program is operating under sections	2065
3313.974 to 3313.979 of the Revised Code and the student satisfies	2066
one of the conditions in division (A) or, (B), or (C) of this	2067
section:	2068

(A)(1) The student is enrolled in a school building that is	2069
operated by the student's resident district and to which both of	2070
the following apply:	2071

(a) The building was declared, in at least two of the three	2072
most recent ratings of school buildings published prior to the	2073
first day of July of the school year for which a scholarship is	2074
sought, to be in a state of academic emergency or academic watch	2075
under section 3302.03 of the Revised Code;	2076

(b) The building was not declared to be excellent or	2077
effective under that section in the most recent rating published	2078
prior to the first day of July of the school year for which a	2079
scholarship is sought.	2080

(2) The student is eligible to enroll in kindergarten in the	2081
school year for which a scholarship is sought and otherwise would	2082
be assigned under section 3319.01 of the Revised Code to a school	2083
building described in division (A)(1) of this section.	2084

(3) The student is enrolled in a community school established	2085
under Chapter 3314. of the Revised Code but otherwise would be	2086
assigned under section 3319.01 of the Revised Code to a building	2087
described in division (A)(1) of this section.	2088

(4) The student is enrolled in a school building that is	2089
operated by the student's resident district or in a community	2090
school established under Chapter 3314. of the Revised Code and	2091
otherwise would be assigned under section 3319.01 of the Revised	2092
Code to a school building described in division (A)(1) of this	2093
section in the school year for which the scholarship is sought.	2094

(5) The student is eligible to enroll in kindergarten in the	2095
school year for which a scholarship is sought, or is enrolled in a	2096
community school established under Chapter 3314. of the Revised	2097
Code, and all of the following apply to the student's resident	2098
district:	2099

(a) The district has in force an intradistrict open	2100
enrollment policy under which no student in kindergarten or the	2101
community school student's grade level, respectively, is	2102
automatically assigned to a particular school building;	2103

(b) In at least two of the three most recent ratings of	2104
school districts published prior to the first day of July of the	2105
school year for which a scholarship is sought, the district was	2106
declared to be in a state of academic emergency under section	2107
3302.03 of the Revised Code;	2108

(c) The district was not declared to be excellent or	2109
effective under that section in the most recent rating published	2110
prior to the first day of July of the school year for which a	2111
scholarship is sought.	2112

(B)(1) The student is enrolled in a school building that is	2113
operated by the student's resident district and to which both of	2114
the following apply:	2115

(a) The building was ranked, for at least two of the three	2116
most recent rankings published under section 3302.21 of the	2117
Revised Code prior to the first day of July of the school year for	2118
which a scholarship is sought, in the lowest ten per cent of all	2119
public school buildings according to performance index score under	2120
section 3302.21 of the Revised Code.	2121

(b) The building was not declared to be excellent or	2122
effective under section 3302.03 of the Revised Code in the most	2123
recent rating published prior to the first day of July of the	2124
school year for which a scholarship is sought.	2125

(2) The student is eligible to enroll in kindergarten in the	2126
school year for which a scholarship is sought and otherwise would	2127
be assigned under section 3319.01 of the Revised Code to a school	2128
building described in division (B)(1) of this section.	2129

(3) The student is enrolled in a community school established	2130
under Chapter 3314. of the Revised Code but otherwise would be	2131
assigned under section 3319.01 of the Revised Code to a building	2132
described in division (B)(1) of this section.	2133

(4) The student is enrolled in a school building that is	2134
operated by the student's resident district or in a community	2135
school established under Chapter 3314. of the Revised Code and	2136
otherwise would be assigned under section 3319.01 of the Revised	2137
Code to a school building described in division (B)(1) of this	2138
section in the school year for which the scholarship is sought.	2139

(C) The student is enrolled in a nonpublic school at the time	2140
the school is granted a charter by the state board of education	2141
under section 3301.16 of the Revised Code and the student meets	2142
the standards of division (B) of section 3310.031 of the Revised	2143
Code.	2144

(D) A student who receives a scholarship under the	2145
educational choice scholarship pilot program remains an eligible	2146
student and may continue to receive scholarships in subsequent	2147
school years until the student completes grade twelve, so long as	2148
all of the following apply:	2149

(1) The student's resident district remains the same, or the	2150
student transfers to a new resident district and otherwise would	2151
be assigned in the new resident district to a school building	2152
described in division (A)(1) or (B)(1) of this section;	2153

(2) The student takes each assessment prescribed for the	2154
student's grade level under section 3301.0710 or 3301.0712 of the	2155
Revised Code while enrolled in a chartered nonpublic school;	2156

(3) In each school year that the student is enrolled in a	2157
chartered nonpublic school, the student is absent from school for	2158
not more than twenty days that the school is open for instruction,	2159
not including excused absences.	2160

~~(D)~~(E)(1) The department shall cease awarding first-time	2161
scholarships pursuant to divisions (A)(1) to (4) of this section	2162
with respect to a school building that, in the most recent ratings	2163
of school buildings published under section 3302.03 of the Revised	2164
Code prior to the first day of July of the school year, ceases to	2165
meet the criteria in division (A)(1) of this section. The	2166
department shall cease awarding first-time scholarships pursuant	2167
to division (A)(5) of this section with respect to a school	2168
district that, in the most recent ratings of school districts	2169
published under section 3302.03 of the Revised Code prior to the	2170
first day of July of the school year, ceases to meet the criteria	2171
in division (A)(5) of this section.	2172

(2) The department shall cease awarding first-time	2173
scholarships pursuant to divisions (B)(1) to (4) of this section	2174
with respect to a school building that, in the most recent ratings	2175
of school buildings under section 3302.03 of the Revised Code	2176
prior to the first day of July of the school year, ceases to meet	2177
the criteria in division (B)(1) of this section.	2178

(3) However, students who have received scholarships in the	2179
prior school year remain eligible students pursuant to division	2180
~~(C)~~(D) of this section.	2181

~~(E)~~(F) The state board of education shall adopt rules	2182
defining excused absences for purposes of division ~~(C)~~(D)(3) of	2183
this section.	2184

Sec. 3310.031. (A) The state board of education shall adopt	2185
rules under section 3310.17 of the Revised Code establishing	2186
procedures for granting educational choice scholarships to	2187
eligible students attending a nonpublic school at the time the	2188
state board grants the school a charter under section 3301.16 of	2189
the Revised Code. The procedures shall include at least the	2190
following:	2191

(1) Provisions for extending the application period for	2192
scholarships for the following school year, if necessary due to	2193
the timing of the award of the nonpublic school's charter, in	2194
order for students enrolled in the school at the time the charter	2195
is granted to apply for scholarships for the following school	2196
year;	2197

(2) Provisions for notifying the resident districts of the	2198
nonpublic school's students that the nonpublic school has been	2199
granted a charter and that educational choice scholarships may be	2200
awarded to the school's students for the following school year.	2201

(B) A student who is enrolled in a nonpublic school at the	2202
time the school's charter is granted is an eligible student if any	2203
of the following applies:	2204

(1) At the end of the last school year before the student	2205
enrolled in the nonpublic school, the student was enrolled in a	2206
school building operated by the student's resident district or in	2207
a community school established under Chapter 3314. of the Revised	2208
Code and, for the current or following school year, the student	2209
otherwise would be assigned under section 3319.01 of the Revised	2210
Code to a school building described in division (A)(1) or (B)(1)	2211
of section 3310.03 of the Revised Code.	2212

(2) The student was not enrolled in any public or other	2213
nonpublic school before the student enrolled in the nonpublic	2214
school and, for the current or following school year, otherwise	2215
would be assigned under section 3319.01 of the Revised Code to a	2216
school building described in division (A)(1) or (B)(1) of section	2217
3310.03 of the Revised Code.	2218

(3) At the end of the last school year before the student	2219
enrolled in the nonpublic school, the student was enrolled in a	2220
school building operated by the student's resident district and,	2221
during that school year, the building met the conditions described	2222
in division (A)(1) or (B)(1) of section 3310.03 of the Revised	2223
Code.	2224

(4) At the end of the last school year before the student	2225
enrolled in the nonpublic school, the student was enrolled in a	2226
community school established under Chapter 3314. of the Revised	2227
Code but otherwise would have been assigned under section 3319.01	2228
of the Revised Code to a school building that, during that school	2229
year, met the conditions described in division (A)(1) or (B)(1) of	2230
section 3310.03 of the Revised Code.	2231

Sec. 3310.08. (A) The amount paid for an eligible student	2232
under the educational choice scholarship pilot program shall be	2233
the lesser of the tuition of the chartered nonpublic school in	2234
which the student is enrolled or the maximum amount prescribed in	2235
section 3310.09 of the Revised Code.	2236

(B)(1) The department of education shall pay to the parent of	2237
each eligible student for whom a scholarship is awarded under the	2238
program, or to the student if at least eighteen years of age,	2239
periodic partial payments of the scholarship.	2240

(2) The department shall proportionately reduce or terminate	2241
the payments for any student who withdraws from a chartered	2242
nonpublic school prior to the end of the school year.	2243

(C)(1) The department shall deduct from the payments made to	2244
each school district under Chapter 3317., and if necessary,	2245
sections 321.24 and 323.156 of the Revised Code, the amount paid	2246
under division (B) of this section for each eligible student	2247
awarded a scholarship under the program who is entitled under	2248
section 3313.64 or 3313.65 of the Revised Code to attend school in	2249
the district. In the case of a student entitled to attend school	2250
in a school district under division (B)(2)(a) of section 3313.64	2251
or division (C) of section 3313.65 of the Revised Code, the	2252
department shall deduct the payments from the school district that	2253
includes the student in its average daily membership as reported	2254
to the department under section 3317.03 of the Revised Code, as	2255
determined by the department.	2256

(2) If the department reduces or terminates payments to a	2257
parent or a student, as prescribed in division (B)(2) of this	2258
section, and the student enrolls in the schools of the student's	2259
resident district or in a community school, established under	2260
Chapter 3314. of the Revised Code, before the end of the school	2261
year, the department shall proportionally restore to the resident	2262
district the amount deducted for that student under division	2263
(C)(1) of this section.	2264

Sec. 3310.15. (A) The department of education annually shall	2265
compile the scores attained by scholarship students to whom an	2266
assessment is administered under section 3310.14 of the Revised	2267
Code. The scores shall be aggregated as follows:	2268

(1) By state, which shall include all students awarded a	2269
scholarship under the educational choice scholarship pilot program	2270
and who were required to take an assessment under section 3310.14	2271
of the Revised Code;	2272

(2) By school district, which shall include all scholarship	2273
students who were required to take an assessment under section	2274
3310.14 of the Revised Code and for whom the district is the	2275
student's resident district;	2276

(3) By chartered nonpublic school, which shall include all	2277
scholarship students enrolled in that school who were required to	2278
take an assessment under section 3310.14 of the Revised Code.	2279

(B) The department shall disaggregate the student performance	2280
data described in division (A) of this section according to the	2281
following categories:	2282

(1) ~~Age~~Grade level;

2283

(2) Race and ethnicity;

2284

(3) Gender;

2285

(4) Students who have participated in the scholarship program	2286
for three or more years;	2287

(5) Students who have participated in the scholarship program	2288
for more than one year and less than three years;	2289

(6) Students who have participated in the scholarship program	2290
for one year or less;	2291

(7) Economically disadvantaged students.

2292

(C) The department shall post the student performance data	2293
required under divisions (A) and (B) of this section on its web	2294
site and, by the first day of February each year, shall distribute	2295
that data to the parent of each eligible student. In reporting	2296
student performance data under this division, the department shall	2297
not include any data that is statistically unreliable or that	2298
could result in the identification of individual students. For	2299
this purpose, the department shall not report performance data for	2300
any group that contains less than ten students.	2301

(D) The department shall provide the parent of each	2302
scholarship student with information comparing the student's	2303
performance on the assessments administered under section 3310.14	2304
of the Revised Code with the average performance of similar	2305
students enrolled in the building operated by the student's	2306
resident district that the scholarship student would otherwise	2307
attend. In calculating the performance of similar students, the	2308
department shall consider age, grade, race and ethnicity, gender,	2309
and socioeconomic status.	2310

Sec. 3313.37. (A)(1) The board of education of any city,	2311
local, or exempted village school district may build, enlarge,	2312
repair, and furnish the necessary schoolhouses, purchase or lease	2313
sites therefor, or rights-of-way thereto, or purchase or lease	2314
real estate to be used as playgrounds for children or rent	2315
suitable schoolrooms, either within or without the district, and	2316
provide the necessary apparatus and make all other necessary	2317
provisions for the schools under its control.	2318

(2) A governing board of an educational service center may	2319
acquire, lease or lease-purchase, or enter into a contract to	2320
purchase, lease or lease-purchase, or sell real and personal	2321
property and may construct, enlarge, repair, renovate, furnish, or	2322
equip facilities, buildings, or structures for the educational	2323
service center's purposes. The board may enter into loan	2324
agreements, including mortgages, for the acquisition of such	2325
property. ~~If a governing board exercises any of these powers to~~	2326
~~acquire office or classroom space, the board of county~~	2327
~~commissioners has no obligation to provide and equip offices and~~	2328
~~to provide heat, light, water, and janitorial services for the use~~	2329
~~of the service center pursuant to section 3319.19 of the Revised~~	2330
~~Code, unless there is a contract as provided by division (D) of~~	2331
~~that section.~~	2332

(3) A board of county commissioners may issue securities of	2333
the county pursuant to Chapter 133. of the Revised Code for the	2334
acquisition of real and personal property or for the construction,	2335
enlargement, repair, or renovation of facilities, buildings, or	2336
structures by an educational service center, but only if the	2337
county has a contract ~~under division (D) of section 3319.19 of the~~	2338
~~Revised Code~~ with the educational service center whereby the	2339
educational service center agrees to pay the county an amount	2340
equal to the debt charges on the issued securities on or before	2341
the date those charges fall due. For the purposes of this section,	2342
"debt charges" and "securities" have the same meanings as in	2343
section 133.01 of the Revised Code.	2344

(B)(1) Boards of education of city, local, and exempted	2345
village school districts may acquire land by gift or devise, by	2346
purchase, or by appropriation. Lands purchased may be purchased	2347
for cash, by installment payments, with or without a mortgage, by	2348
entering into lease-purchase agreements, or by lease with an	2349
option to purchase, provided that if the purchase price is to be	2350
paid over a period of time, such payments shall not extend for a	2351
period of more than five years. A special tax levy may be	2352
authorized by the voters of the school district in accordance with	2353
section 5705.21 of the Revised Code to provide a special fund to	2354
meet the future time payments.	2355

(2) For the purposes of section 5705.21 of the Revised Code,	2356
acquisition of land under the provisions of this division shall be	2357
considered a necessary requirement of the school district.	2358

(3) Boards of education of city, local, and exempted village	2359
school districts may acquire federal land at a discount by a	2360
lease-purchase agreement for use as a site for the construction of	2361
educational facilities or for other related purposes. External	2362
administrative and other costs pertaining to the acquisition of	2363
federal land at a discount may be paid from funds available to the	2364
school district for operating purposes. Such boards of education	2365
may also acquire federal land by lease-purchase agreements, by	2366
negotiation, or otherwise.	2367

(4) As used in this division:

2368

(a) "Office equipment" includes but is not limited to	2369
typewriters, copying and duplicating equipment, and computer and	2370
data processing equipment.	2371

(b) "Software for instructional purposes" includes computer	2372
programs usable for computer assisted instruction, computer	2373
managed instruction, drill and practice, and problem simulations.	2374

A board of education or governing board of an educational	2375
service center may acquire the necessary office equipment, and	2376
computer hardware and software for instructional purposes, for the	2377
schools under its control by purchase, by lease, by installment	2378
payments, by entering into lease-purchase agreements, or by lease	2379
with an option to purchase. In the case of a city, exempted	2380
village, or local school district, if the purchase price is to be	2381
paid over a period of time, the contract setting forth the terms	2382
of such purchase shall be considered a continuing contract	2383
pursuant to section 5705.41 of the Revised Code. Payments shall	2384
not extend for a period of more than five years. Costs relating to	2385
the acquisition of necessary apparatus may be paid from funds	2386
available to the school district or educational service center for	2387
operating purposes.	2388

(5) A board of education or governing board of an educational	2389
service center may acquire the necessary equipment for the	2390
maintenance or physical upkeep of facilities and land under its	2391
control by entering into lease-purchase agreements. If payments	2392
under the lease-purchase agreement are to be made over a period of	2393
time, the agreement shall be considered a continuing contract	2394
pursuant to section 5705.41 of the Revised Code, and such payments	2395
shall not extend for a period of more than five years.	2396

Sec. 3313.41. (A) Except as provided in divisions (C), (D),	2397
(F), and (G) of this section, when a board of education decides to	2398
dispose of real or personal property that it owns in its corporate	2399
capacity and that exceeds in value ten thousand dollars, it shall	2400
sell the property at public auction, after giving at least thirty	2401
days' notice of the auction by publication in a newspaper of	2402
general circulation in the school district, by publication as	2403
provided in section 7.16 of the Revised Code, or by posting	2404
notices in five of the most public places in the school district	2405
in which the property, if it is real property, is situated, or, if	2406
it is personal property, in the school district of the board of	2407
education that owns the property. The board may offer real	2408
property for sale as an entire tract or in parcels.	2409

(B) When the board of education has offered real or personal	2410
property for sale at public auction at least once pursuant to	2411
division (A) of this section, and the property has not been sold,	2412
the board may sell it at a private sale. Regardless of how it was	2413
offered at public auction, at a private sale, the board shall, as	2414
it considers best, sell real property as an entire tract or in	2415
parcels, and personal property in a single lot or in several lots.	2416

(C) If a board of education decides to dispose of real or	2417
personal property that it owns in its corporate capacity and that	2418
exceeds in value ten thousand dollars, it may sell the property to	2419
the adjutant general; to any subdivision or taxing authority as	2420
respectively defined in ~~divisions (A) and (C) of~~ section 5705.01	2421
of the Revised Code, township park district, board of park	2422
commissioners established under Chapter 755. of the Revised Code,	2423
or park district established under Chapter 1545. of the Revised	2424
Code; to a wholly or partially tax-supported university,	2425
university branch, or college; to a nonprofit institution of	2426
higher education that has a certificate of authorization under	2427
Chapter 1713. of the Revised Code; to the governing authority of a	2428
chartered nonpublic school; or to the board of trustees of a	2429
school district library, upon such terms as are agreed upon. The	2430
sale of real or personal property to the board of trustees of a	2431
school district library is limited, in the case of real property,	2432
to a school district library within whose boundaries the real	2433
property is situated, or, in the case of personal property, to a	2434
school district library whose boundaries lie in whole or in part	2435
within the school district of the selling board of education.	2436

(D) When a board of education decides to trade as a part or	2437
an entire consideration, an item of personal property on the	2438
purchase price of an item of similar personal property, it may	2439
trade the same upon such terms as are agreed upon by the parties	2440
to the trade.	2441

(E) The president and the treasurer of the board of education	2442
shall execute and deliver deeds or other necessary instruments of	2443
conveyance to complete any sale or trade under this section.	2444

(F) When a board of education has identified a parcel of real	2445
property that it determines is needed for school purposes, the	2446
board may, upon a majority vote of the members of the board,	2447
acquire that property by exchanging real property that the board	2448
owns in its corporate capacity for the identified real property or	2449
by using real property that the board owns in its corporate	2450
capacity as part or an entire consideration for the purchase price	2451
of the identified real property. Any exchange or acquisition made	2452
pursuant to this division shall be made by a conveyance executed	2453
by the president and the treasurer of the board.	2454

(G) When a school district board of education decides to	2455
dispose of real property, prior to disposing of that property	2456
under divisions (A) to (F) of this section, it shall first offer	2457
that property for sale to the governing authorities of the	2458
start-up community schools established under Chapter 3314. of the	2459
Revised Code, and the board of trustees of any college-preparatory	2460
boarding school established under Chapter 3328. of the Revised	2461
Code, that are located within the territory of the school	2462
district,. The district board shall offer the property at a price	2463
that is not higher than the appraised fair market value of that	2464
property as determined in an appraisal of the property that is not	2465
more than one year old. If more than one community school	2466
governing authority or college-preparatory boarding school board	2467
of trustees accepts the offer made by the school district board,	2468
the board shall sell the property to the governing authority or	2469
board that accepted the offer first in time. If no community	2470
school governing authority or college-preparatory boarding school	2471
board of trustees accepts the offer within sixty days after the	2472
offer is made by the school district board, the board may dispose	2473
of the property in the applicable manner prescribed under	2474
divisions (A) to (F) of this section.	2475

(H) When a school district board of education has property	2476
that the board, by resolution, finds is not needed for school	2477
district use, is obsolete, or is unfit for the use for which it	2478
was acquired, the board may donate that property in accordance	2479
with this division if the fair market value of the property is, in	2480
the opinion of the board, two thousand five hundred dollars or	2481
less.	2482

The property may be donated to an eligible nonprofit	2483
organization that is located in this state and is exempt from	2484
federal income taxation pursuant to 26 U.S.C. 501(a) and (c)(3).	2485
Before donating any property under this division, the board shall	2486
adopt a resolution expressing its intent to make unneeded,	2487
obsolete, or unfit-for-use school district property available to	2488
these organizations. The resolution shall include guidelines and	2489
procedures the board considers to be necessary to implement the	2490
donation program and shall indicate whether the school district	2491
will conduct the donation program or the board will contract with	2492
a representative to conduct it. If a representative is known when	2493
the resolution is adopted, the resolution shall provide contact	2494
information such as the representative's name, address, and	2495
telephone number.	2496

The resolution shall include within its procedures a	2497
requirement that any nonprofit organization desiring to obtain	2498
donated property under this division shall submit a written notice	2499
to the board or its representative. The written notice shall	2500
include evidence that the organization is a nonprofit organization	2501
that is located in this state and is exempt from federal income	2502
taxation pursuant to 26 U.S.C. 501(a) and (c)(3); a description of	2503
the organization's primary purpose; a description of the type or	2504
types of property the organization needs; and the name, address,	2505
and telephone number of a person designated by the organization's	2506
governing board to receive donated property and to serve as its	2507
agent.	2508

After adoption of the resolution, the board shall publish, in	2509
a newspaper of general circulation in the school district or as	2510
provided in section 7.16 of the Revised Code, notice of its intent	2511
to donate unneeded, obsolete, or unfit-for-use school district	2512
property to eligible nonprofit organizations. The notice shall	2513
include a summary of the information provided in the resolution	2514
and shall be published twice. The second notice shall be published	2515
not less than ten nor more than twenty days after the previous	2516
notice. A similar notice also shall be posted continually in the	2517
board's office. If the school district maintains a web site on the	2518
internet, the notice shall be posted continually at that web site.	2519

The board or its representatives shall maintain a list of all	2520
nonprofit organizations that notify the board or its	2521
representative of their desire to obtain donated property under	2522
this division and that the board or its representative determines	2523
to be eligible, in accordance with the requirements set forth in	2524
this section and in the donation program's guidelines and	2525
procedures, to receive donated property.	2526

The board or its representative also shall maintain a list of	2527
all school district property the board finds to be unneeded,	2528
obsolete, or unfit for use and to be available for donation under	2529
this division. The list shall be posted continually in a	2530
conspicuous location in the board's office, and, if the school	2531
district maintains a web site on the internet, the list shall be	2532
posted continually at that web site. An item of property on the	2533
list shall be donated to the eligible nonprofit organization that	2534
first declares to the board or its representative its desire to	2535
obtain the item unless the board previously has established, by	2536
resolution, a list of eligible nonprofit organizations that shall	2537
be given priority with respect to the item's donation. Priority	2538
may be given on the basis that the purposes of a nonprofit	2539
organization have a direct relationship to specific school	2540
district purposes of programs provided or administered by the	2541
board. A resolution giving priority to certain nonprofit	2542
organizations with respect to the donation of an item of property	2543
shall specify the reasons why the organizations are given that	2544
priority.	2545

Members of the board shall consult with the Ohio ethics	2546
commission, and comply with Chapters 102. and 2921. of the Revised	2547
Code, with respect to any donation under this division to a	2548
nonprofit organization of which a board member, any member of a	2549
board member's family, or any business associate of a board member	2550
is a trustee, officer, board member, or employee.	2551

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

2552

(1) "College-preparatory boarding school" means a	2553
college-preparatory boarding school established under Chapter	2554
3328. of the Revised Code.	2555

(2) "Community school" means a community school established	2556
under Chapter 3314. of the Revised Code.	2557

(3) "Unused school facilities" means any real property that	2558
has been used by a school district for school operations,	2559
including, but not limited to, academic instruction or	2560
administration, since July 1, 1998, but has not been used in that	2561
capacity for two years.	2562

(B)(1) On and after ~~the effective date of this section~~June	2563
30, 2011, any school district board of education shall offer any	2564
unused school facilities it owns in its corporate capacity for	2565
lease or sale to the governing authorities of community schools	2566
~~established under Chapter 3314. of the Revised Code~~, and the board	2567
of trustees of any college-preparatory boarding school, that are	2568
located within the territory of the ~~school~~ district.	2569

(2) At the same time that a district board makes the offer	2570
required under division (B)(1) of this section, the board also	2571
may, but shall not be required to, offer that property for sale or	2572
lease to the governing authorities of community schools with	2573
plans, stipulated in their contracts entered into under section	2574
3314.03 of the Revised Code, either to relocate their operations	2575
to the territory of the district or to add facilities, as	2576
authorized by division (B)(3) or (4) of section 3314.05 of the	2577
Revised Code, to be located within the territory of the district.	2578

(C)(1) If, not later than sixty days after the district board	2579
makes the offer, ~~the governing authority of~~only one ~~community~~	2580
~~school located within the territory of the school district~~	2581
qualified party offered the property under division (B) of this	2582
section notifies the district treasurer in writing of ~~its~~the	2583
intention to purchase the property, the district board shall sell	2584
the property to ~~the community school~~that party for the appraised	2585
fair market value of the property as determined in an appraisal of	2586
the property that is not more than one year old.	2587

(2) If, not later than sixty days after the district board	2588
makes the offer, ~~the governing authorities of two or more~~	2589
~~community schools located within the territory of the school~~	2590
~~district notify~~more than one qualified party offered the property	2591
under division (B) of this section notifies the district treasurer	2592
in writing of ~~their~~the intention to purchase the property, the	2593
board shall conduct a public auction in the manner required for	2594
auctions of district property under division (A) of section	2595
3313.41 of the Revised Code. Only the ~~governing authorities of all~~	2596
~~community schools located within the territory of the school~~	2597
~~district~~parties offered the property under division (B) of this	2598
section that notify the district treasurer of the intention to	2599
purchase the property are eligible to bid at the auction. The	2600
district board is not obligated to accept any bid for the property	2601
that is lower than the appraised fair market value of the property	2602
as determined in an appraisal that is not more than one year old.	2603

(3) If ~~the governing authorities of two or more community~~	2604
~~schools located within the territory of the school district notify~~	2605
more than one qualified party offered the property under division	2606
(B) of this section notifies the district treasurer in writing of	2607
~~their~~the intention to lease the property, the district board	2608
shall conduct a lottery to select from among those parties the	2609
~~community school~~one qualified party to which the district board	2610
shall lease the property.	2611

(4) The lease price offered by a district board to ~~the~~	2612
~~governing authority of~~ a community school or college-preparatory	2613
boarding school under this section shall not be higher than the	2614
fair market value for such a leasehold as determined in an	2615
appraisal that is not more than one year old.	2616

(5) If no ~~community school governing authority~~qualified	2617
party offered the property under division (B) of this section	2618
accepts the offer to lease or buy the property within sixty days	2619
after the offer is made, the district board may offer the property	2620
to any other entity in accordance with divisions (A) to (F) of	2621
section 3313.41 of the Revised Code.	2622

~~(C)~~(D) Notwithstanding division (B) of this section, a school	2623
district board may renew any agreement it originally entered into	2624
prior to ~~the effective date of this section~~June 30, 2011, to	2625
lease real property to an entity other than a community school or	2626
college-preparatory boarding school. Nothing in this section shall	2627
affect the leasehold arrangements between the district board and	2628
that other entity.	2629

Sec. 3313.608. (A)(1) Beginning with students who enter	2630
third grade in the school year that starts July 1, 2009, and until	2631
June 30, 2013, for any student who attains a score in the range	2632
designated under division (A)~~(2)(c)~~(3) of section 3301.0710 of the	2633
Revised Code on the assessment prescribed under that section to	2634
measure skill in English language arts expected at the end of	2635
third grade, each school district, in accordance with the policy	2636
adopted under section 3313.609 of the Revised Code, shall do one	2637
of the following:	2638

~~(1)~~(a) Promote the student to fourth grade if the student's	2639
principal and reading teacher agree that other evaluations of the	2640
student's skill in reading demonstrate that the student is	2641
academically prepared to be promoted to fourth grade;	2642

~~(2)~~(b) Promote the student to fourth grade but provide the	2643
student with intensive intervention services in fourth grade;	2644

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

2645

(2) Beginning with students who enter third grade in the	2646
2013-2014 school year, no school district shall promote to fourth	2647
grade any student who attains a score in the range designated	2648
under division (A)(3) of section 3301.0710 of the Revised Code on	2649
the assessment prescribed under that section to measure skill in	2650
English language arts expected at the end of third grade, unless	2651
one of the following applies:	2652

(a) The student is a limited English proficient student who	2653
has been enrolled in United States schools for less than two full	2654
school years and has had less than two years of instruction in an	2655
English as a second language program.	2656

(b) The student is a child with a disability entitled to	2657
special education and related services under Chapter 3323. of the	2658
Revised Code and the student's individualized education program	2659
exempts the student from retention under this division.	2660

(c) The student demonstrates an acceptable level of	2661
performance on an alternative standardized reading assessment as	2662
determined by the department of education.	2663

(d) All of the following apply:

2664

(i) The student is a child with a disability entitled to	2665
special education and related services under Chapter 3323. of the	2666
Revised Code.	2667

(ii) The student has taken the third grade English language	2668
arts achievement assessment prescribed under section 3301.0710 of	2669
the Revised Code.	2670

(iii) The student's individualized education program or plan	2671
under section 504 of the "Rehabilitation Act of 1973," 87 Stat.	2672
355, 29 U.S.C. 794, as amended, shows that the student has	2673
received intensive remediation in reading for two school years but	2674
still demonstrates a deficiency in reading.	2675

(iv) The student previously was retained in any of grades	2676
kindergarten to three.	2677

(e)(i) The student received intensive remediation for reading	2678
for two school years but still demonstrates a deficiency in	2679
reading and was previously retained in any of grades kindergarten	2680
to three.	2681

(ii) A student who is promoted under division (A)(2)(e)(i) of	2682
this section shall continue to receive intensive reading	2683
instruction in grade four. The instruction shall include an	2684
altered instructional day that includes specialized diagnostic	2685
information and specific research-based reading strategies for the	2686
student that have been successful in improving reading among	2687
low-performing readers.	2688

(B)(1) ToBeginning in the 2012-2013 school year, to assist	2689
students in meeting ~~this~~the third grade guarantee established by	2690
this section, each school district board of education shall adopt	2691
policies and procedures with which it ~~shall~~ annually shall assess	2692
the reading skills of each student ~~at the end of first and second~~	2693
enrolled in kindergarten to third grade by the thirtieth day of	2694
September and shall identify students who are reading below their	2695
grade level. IfEach district shall use the diagnostic assessment	2696
to measure English language arts ability for the appropriate grade	2697
level ~~has been developed in accordance with division (D)(1) of~~	2698
adopted under section 3301.079 of the Revised Code, ~~each school~~	2699
~~district shall use such diagnostic assessment~~or a comparable tool	2700
approved by the department of education, to identify such	2701
students~~, except that any district to which division (E) of~~	2702
~~section 3301.0715 of the Revised Code applies may use another~~	2703
~~assessment to identify such students~~. The policies and procedures	2704
shall require the students' classroom teachers to be involved in	2705
the assessment and the identification of students reading below	2706
grade level. ~~The district shall notify the parent or guardian of~~	2707

(2) For each student ~~whose~~identified by the diagnostic	2708
assessment prescribed under this section as having reading skills	2709
~~are~~ below grade level ~~and~~, the district shall do both of the	2710
following:	2711

(a) Provide to the student's parent or guardian, in writing,	2712
all of the following:	2713

(i) Notification that the student has been identified as	2714
having a substantial deficiency in reading;	2715

(ii) A description of the current services that are provided	2716
to the student;	2717

(iii) A description of the proposed supplemental	2718
instructional services and supports that will be provided to the	2719
student that are designed to remediate the identified areas of	2720
reading deficiency;	2721

(iv) Notification that if the student attains a score in the	2722
range designated under division (A)(3) of section 3301.0710 of the	2723
Revised Code on the assessment prescribed under that section to	2724
measure skill in English language arts expected at the end of	2725
third grade, the student shall be retained unless the student is	2726
exempt under division (A) of this section. The notification shall	2727
specify that the assessment under section 3301.0710 of the Revised	2728
Code is not the sole determinant of promotion and that additional	2729
evaluations and assessments are available to the student to assist	2730
parents and the district in knowing when a student is reading at	2731
or above grade level and ready for promotion.	2732

(b) Provide intensive reading instruction to the student	2733
immediately following identification of a reading deficiency, in	2734
accordance with division (C) of this section~~, provide intervention~~	2735
~~services to each student reading below grade level~~. Such	2736
intervention services shall include research-based reading	2737
strategies that have been shown to be successful in improving	2738
reading among low-performing readers and instruction ~~in intensive,~~	2739
~~systematic phonetics pursuant to rules adopted by the state board~~	2740
~~of education~~targeted at the student's identified reading	2741
deficiencies.	2742

~~(2)~~(3) For each student ~~entering third grade after July 1,~~	2743
~~2009, who does not attain by the end of the third grade at least a~~	2744
~~score in the range designated under division (A)(2)(b) of section~~	2745
~~3301.0710 of the Revised Code on the assessment prescribed under~~	2746
~~that section to measure skill in English language arts expected at~~	2747
~~the end of third grade~~retained under division (A) of this	2748
section, the district ~~also~~ shall ~~offer~~do all of the following:	2749

(a) Provide intense remediation services ~~during the summer~~	2750
~~following third grade~~until the student is able to read at grade	2751
level. The remediation services shall include intensive	2752
interventions in reading that address the areas of deficiencies	2753
identified under this section including, but not limited to, not	2754
less than ninety minutes of reading daily and may include any of	2755
the following:	2756

(i) Small group instruction;

2757

(ii) Reduced teacher-student ratios;

2758

(iii) More frequent progress monitoring;

2759

(iv) Tutoring or mentoring;

2760

(v) Transition classes containing third and fourth grade	2761
students;	2762

(vi) Extended school day, week, or year;

2763

(vii) Summer reading camps.

2764

(b) Establish a policy for the mid-year promotion of a	2765
student retained under division (A) of this section who	2766
demonstrates that the student is reading at or above grade level;	2767

(c) Provide each student with a high-performing teacher, as	2768
determined by the teacher's student performance data, when	2769
available, and performance reviews.	2770

The district shall offer the option for students to receive	2771
applicable services from one or more providers other than the	2772
district. Providers shall be screened and approved by the district	2773
or the department of education. If the student participates in the	2774
remediation services and demonstrates reading proficiency in	2775
accordance with standards adopted by the department prior to the	2776
start of fourth grade, the district shall promote the student to	2777
that grade.	2778

(4) For each student retained under division (A) of this	2779
section who has demonstrated proficiency in a specific academic	2780
ability field, each district shall provide instruction	2781
commensurate with student achievement levels in that specific	2782
academic ability field.	2783

As used in this division, "specific academic ability field"	2784
has the same meaning as in section 3324.01 of the Revised Code.	2785

(C) For each student required to be ~~offered~~provided	2786
intervention services under this section, the district shall	2787
develop a reading improvement and monitoring plan within sixty	2788
days after receiving the student's results on the diagnostic	2789
assessment or comparable tool administered under division (B)(1)	2790
of this section. The district shall involve the student's parent	2791
or guardian and classroom teacher in developing the ~~intervention~~	2792
~~strategy, and shall offer to the parent or guardian the~~	2793
~~opportunity to be involved in the intervention services~~plan. The	2794
plan shall include all of the following:	2795

(1) Identification of the student's specific reading	2796
deficiencies;	2797

(2) A description of the additional instructional services	2798
and support that will be provided to the student to remediate the	2799
identified reading deficiencies;	2800

(3) Opportunities for the student's parent or guardian to be	2801
involved in the instructional services and support described in	2802
division (C)(2) of this section;	2803

(4) A process for monitoring the extent to which the student	2804
receives the instructional services and support described in	2805
division (C)(2) of this section;	2806

(5) A reading curriculum during regular school hours that	2807
does all of the following:	2808

(a) Assists students to read at grade level;

2809

(b) Provides scientifically based and reliable assessment;

2810

(c) Provides initial and ongoing analysis of each student's	2811
reading progress.	2812

(6) A statement that if the student attains a score in the	2813
range designated under division (A)(3) of section 3301.0710 of the	2814
Revised Code on the assessment prescribed under that section to	2815
measure skill in English language arts expected by the end of	2816
third grade, the student may be retained in third grade.	2817

Each student with a reading improvement and monitoring plan	2818
under this division who enters third grade after July 1, 2013,	2819
shall be assigned to a teacher who has either received a passing	2820
score on a rigorous test of principles of scientifically based	2821
reading instruction approved by the state board of education or	2822
has a reading endorsement on the teacher's license.	2823

The district shall report any information requested by the	2824
department about the plans developed under this division in the	2825
manner required by the department.	2826

(D) Each school district shall report annually to the	2827
department on its implementation and compliance with this section	2828
using guidelines prescribed by the superintendent of public	2829
instruction. The superintendent of public instruction annually	2830
shall report to the governor and general assembly the number and	2831
percentage of students in grades kindergarten through four reading	2832
below grade level based on the diagnostic assessments administered	2833
under division (B) of this section and the achievement assessments	2834
administered under divisions (A)(1)(a) and (b) of section	2835
3301.0710 of the Revised Code in English language arts, aggregated	2836
by school district and building; the types of intervention	2837
services provided to students; and, if available, an evaluation of	2838
the efficacy of the intervention services provided.	2839

(E) Any summer remediation services funded in whole or in	2840
part by the state and offered by school districts to students	2841
under this section shall meet the following conditions:	2842

(1) The remediation methods are based on reliable educational	2843
research.	2844

(2) The school districts conduct assessment before and after	2845
students participate in the program to facilitate monitoring	2846
results of the remediation services.	2847

(3) The parents of participating students are involved in	2848
programming decisions.	2849

~~(4) The services are conducted in a school building or~~	2850
~~community center and not on an at-home basis.~~	2851

~~(E)~~(F) Any intervention or remediation services required by	2852
this section shall include intensive, explicit, and systematic	2853
instruction.	2854

(G) This section does not create a new cause of action or a	2855
substantive legal right for any person.	2856

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

2857

(1) "Truant" means absent without excuse.

2858

(2) "Academically prepared" means whatever educational	2859
standard the board of education of each city, exempted village,	2860
local, and joint vocational school district establishes as	2861
necessary for the promotion of a student to the next grade level	2862
pursuant to the policy adopted under division (B) of this section.	2863

(B) The board of education of each city, exempted village,	2864
local, and joint vocational school district shall adopt a grade	2865
promotion and retention policy for students that complies with	2866
this section and section 3313.608 of the Revised Code. The policy	2867
shall prohibit the promotion of a student to the next grade level	2868
if the student has been truant for more than ten per cent of the	2869
required attendance days of the current school year and has failed	2870
two or more of the required curriculum subject areas in the	2871
current grade unless the student's principal and the teachers of	2872
any failed subject areas agree that the student is academically	2873
prepared to be promoted to the next grade level.	2874

Sec. 3313.6013. (A) As used in this section, "dual enrollment	2875
program" means a program that enables a student to earn credit	2876
toward a degree from an institution of higher education while	2877
enrolled in high school or that enables a student to complete	2878
coursework while enrolled in high school that may earn credit	2879
toward a degree from an institution of higher education upon the	2880
student's attainment of a specified score on an examination	2881
covering the coursework. Dual enrollment programs may include any	2882
of the following:	2883

(1) The post-secondary enrollment options program established	2884
under Chapter 3365. of the Revised Code;	2885

(2) Advanced placement courses;

2886

(3) Any similar program established pursuant to an agreement	2887
between a school district or chartered nonpublic high school and	2888
an institution of higher education.	2889

(B) Each city, local, exempted village, and joint vocational	2890
school district and each chartered nonpublic high school shall	2891
provide students enrolled in grades nine through twelve with the	2892
opportunity to participate in a dual enrollment program. For this	2893
purpose, each school district and chartered nonpublic high school	2894
shall offer at least one dual enrollment program in accordance	2895
with division (B)(1) or (2) of this section, as applicable.	2896

(1) A city, local, or exempted village school district meets	2897
the requirements of this division through its mandatory	2898
participation in the post-secondary enrollment options program	2899
established under Chapter 3365. of the Revised Code. However, a	2900
city, local, or exempted village school district may offer any	2901
other dual enrollment program, in addition to the post-secondary	2902
enrollment options program, and each joint vocational school	2903
district shall offer at least one other ~~duel~~dual enrollment	2904
program, to students in good standing, as defined by the	2905
partnership for continued learning under section 3301.42 of the	2906
Revised Code as it existed prior to ~~the effective date of this~~	2907
~~amendment~~October 16, 2009, or as subsequently defined by the	2908
department of education.	2909

(2) A chartered nonpublic high school that elects to	2910
participate in the post-secondary enrollment options program	2911
established under Chapter 3365. of the Revised Code meets the	2912
requirements of this division. Each chartered nonpublic high	2913
school that elects not to participate in the post-secondary	2914
enrollment options program instead shall offer at least one other	2915
dual enrollment program to students in good standing, as defined	2916
by the partnership for continued learning under section 3301.42 of	2917
the Revised Code as it existed prior to ~~the effective date of this~~	2918
~~amendment~~October 16, 2009, or as subsequently defined by the	2919
department of education.	2920

(C) Each school district and each chartered nonpublic high	2921
school shall provide information about the dual enrollment	2922
programs offered by the district or school to all students	2923
enrolled in grades eight through eleven.	2924

Sec. 3313.6411. (A) As used in this section, "parent" has	2925
the same meaning as in section 3313.98 of the Revised Code.	2926

(B) When a student enrolls in a school operated by a city,	2927
exempted village, or local school district, a school official with	2928
responsibility for admissions shall provide the student's parent,	2929
during the admissions process, with a copy of the most recent	2930
report card issued under section 3302.03 of the Revised Code.	2931

Sec. 3313.674. (A) Except as provided in ~~divisions~~division	2932
(D) ~~and (H)~~ of this section, the board of education of each city,	2933
exempted village, or local school district and the governing	2934
authority of each chartered nonpublic school ~~shall~~may require	2935
each student enrolled in kindergarten, third grade, fifth grade,	2936
and ninth grade to undergo a screening for body mass index and	2937
weight status category ~~prior to the first day of May of the school~~	2938
~~year~~.	2939

(B) The board or governing authority may provide any	2940
screenings ~~required~~authorized by this section itself, contract	2941
with another entity for provision of the screenings, or request	2942
the parent or guardian of each student subject to ~~this section~~the	2943
screening to obtain the screening from a provider selected by the	2944
parent or guardian and to submit the results to the board or	2945
governing authority. If the board or governing authority provides	2946
the screenings itself or contracts with another entity for	2947
provision of the screenings, the board or governing authority	2948
shall protect student privacy by ensuring that each student is	2949
screened alone and not in the presence of other students or staff.	2950

(C) ~~Prior to the first day of February of each~~Each school	2951
year, ~~the~~each board or governing authority electing to require	2952
the screening shall provide the parent or guardian of each student	2953
subject to ~~this section~~the screening with information about the	2954
screening program. If the board or governing authority requests	2955
parents and guardians to obtain a screening from a provider of	2956
their choosing, the board or governing authority shall provide	2957
them with a list of providers and information about screening	2958
services available in the community to parents and guardians who	2959
cannot afford a private provider.	2960

(D) If the parent or guardian of a student subject to ~~this~~	2961
~~section~~the screening signs and submits to the board or governing	2962
authority a written statement indicating that the parent or	2963
guardian does not wish to have the student undergo the screening,	2964
the board or governing authority shall not require the student to	2965
be screened.	2966

(E) The board or governing authority shall notify the parent	2967
or guardian of each student screened under this section of any	2968
health risks associated with the student's results and shall	2969
provide the parent or guardian with information about	2970
appropriately addressing the risks. For this purpose, the	2971
department of health, in consultation with the department of	2972
education and the healthy choices for healthy children council	2973
established under section 3301.92 of the Revised Code, shall	2974
develop a list of documents, pamphlets, or other resources that	2975
may be distributed to parents and guardians under this division.	2976

(F) The board or governing authority shall maintain the	2977
confidentiality of each student's individual screening results at	2978
all times. No board or governing authority shall report a	2979
student's individual screening results to any person other than	2980
the student's parent or guardian.	2981

(G) In a manner prescribed by rule of the director of health,	2982
~~the~~each board or governing authority electing to require the	2983
screening shall report aggregated body mass index and weight	2984
status category data collected under this section, and any other	2985
demographic data required by the director, to the department of	2986
health. In the case of a school district, data shall be aggregated	2987
for the district as a whole and not for individual schools within	2988
the district, unless the district operates only one school. In the	2989
case of a chartered nonpublic school, data shall be aggregated for	2990
the school as a whole. The department annually may publish the	2991
data reported under this division, aggregated by county. ~~If any~~	2992
For each county in which a district, community school, STEM	2993
school, or chartered nonpublic school ~~was granted a waiver under~~	2994
~~division (H) of this section~~has elected not to require the	2995
screening for a school year for which data is published, the	2996
department shall note that the data for the county in which the	2997
district or school is located is incomplete. The department may	2998
share data reported under this division with other governmental	2999
entities for the purpose of monitoring population health, making	3000
reports, or public health promotional activities.	3001

~~(H) A board or governing authority may obtain a waiver of the~~	3002
~~requirement to have students undergo screenings for body mass~~	3003
~~index and weight status category by submitting to the~~	3004
~~superintendent of public instruction an affidavit, attested to by~~	3005
~~the president or presiding officer of the board or governing~~	3006
~~authority, stating that the board or governing authority is unable~~	3007
~~to comply with the requirement. The superintendent shall grant the~~	3008
~~waiver upon receipt of the affidavit.~~	3009

Sec. 3313.813. (A) As used in this section:

3010

(1) "Outdoor education center" means a public or nonprofit	3011
private entity that provides to pupils enrolled in any public or	3012
chartered nonpublic elementary or secondary school an outdoor	3013
educational curriculum that the school considers to be part of its	3014
educational program.	3015

(2) "Outside-school-hours care center" has the meaning	3016
established in 7 C.F.R. 226.2.	3017

(B) The state board of education shall establish standards	3018
for a school lunch program, school breakfast program, child and	3019
adult care food program, special food service program for	3020
children, summer food service program for children, special milk	3021
program for children, food service equipment assistance program,	3022
and commodity distribution program established under the "National	3023
School Lunch Act," 60 Stat. 230 (1946), 42 U.S.C. 1751, as	3024
amended, and the "Child Nutrition Act of 1966," 80 Stat. 885, 42	3025
U.S.C. 1771, as amended. Any board of education of a school	3026
district, nonprofit private school, outdoor education center,	3027
child care institution, outside-school-hours care center, or	3028
summer camp desiring to participate in such a program or required	3029
to participate under this section shall, if eligible to	3030
participate under the "National School Lunch Act," as amended, or	3031
the "Child Nutrition Act of 1966," as amended, make application to	3032
the state board of education for assistance. The board shall	3033
administer the allocation and distribution of all state and	3034
federal funds for these programs.	3035

(C) The state board of education shall require the board of	3036
education of each school district to establish and maintain a	3037
school breakfast, lunch, and summer food service program pursuant	3038
to the "National School Lunch Act" and the "Child Nutrition Act of	3039
1966," as described in divisions (C)(1) to (4) of this section.	3040

(1) The state board shall require the board of education in	3041
each school district to establish a breakfast program in every	3042
school where at least one-fifth of the pupils in the school are	3043
eligible under federal requirements for free breakfasts and to	3044
establish a lunch program in every school where at least one-fifth	3045
of the pupils are eligible for free lunches. The board of	3046
education required to establish a breakfast program under this	3047
division may make a charge in accordance with federal requirements	3048
for each reduced price breakfast or paid breakfast to cover the	3049
cost incurred in providing that meal.	3050

(2) The state board shall require the board of education in	3051
each school district to establish a breakfast program in every	3052
school in which the parents of at least one-half of the children	3053
enrolled in the school have requested that the breakfast program	3054
be established. The board of education required to establish a	3055
program under this division may make a charge in accordance with	3056
federal requirements for each meal to cover all or part of the	3057
costs incurred in establishing such a program.	3058

(3) The state board shall require the board of education in	3059
each school district to establish one of the following for summer	3060
intervention services described in division (D) of section	3061
3301.0711 ~~and~~or provided under section 3313.608 of the Revised	3062
Code, and any other summer intervention program required by law:	3063

(a) An extension of the school breakfast program pursuant to	3064
the "National School Lunch Act" and the "Child Nutrition Act of	3065
1966";	3066

(b) An extension of the school lunch program pursuant to	3067
those acts;	3068

3069

(4)(a) If the board of education of a school district	3070
determines that, for financial reasons, it cannot comply with	3071
division (C)(1) or (3) of this section, the district board may	3072
choose not to comply with either or both divisions, except as	3073
provided in division (C)(4)(b) of this section. The district board	3074
publicly shall communicate to the residents of the district, in	3075
the manner it determines appropriate, its decision not to comply.	3076

(b) If a district board chooses not to comply with division	3077
(C)(1) of this section, the state board nevertheless shall require	3078
the district board to establish a breakfast program in every	3079
school where at least one-third of the pupils in the school are	3080
eligible under federal requirements for free breakfasts and to	3081
establish a lunch program in every school where at least one-third	3082
of the pupils are eligible for free lunches. The district board	3083
may make a charge in accordance with federal requirements for each	3084
reduced price breakfast or paid breakfast to cover the cost	3085
incurred in providing that meal.	3086

(c) If a school district cannot for good cause comply with	3087
the requirements of division (C)(2) or (4)(b) of this section at	3088
the time the state board determines that a district is subject to	3089
these requirements, the state board shall grant a reasonable	3090
extension of time. Good cause for an extension of time shall	3091
include, but need not be limited to, economic impossibility of	3092
compliance with the requirements at the time the state board	3093
determines that a district is subject to them.	3094

(D)(1) The state board shall accept the application of any	3095
outdoor education center in the state making application for	3096
participation in a program pursuant to division (B) of this	3097
section.	3098

(2) For purposes of participation in any program pursuant to	3099
this section, the board shall certify any outdoor education center	3100
making application as an educational unit that is part of the	3101
educational system of the state, if the center:	3102

(a) Meets the definition of an outdoor education center;

3103

(b) Provides its outdoor education curriculum to pupils on an	3104
overnight basis so that pupils are in residence at the center for	3105
more than twenty-four consecutive hours;	3106

(c) Operates under public or nonprofit private ownership in a	3107
single building or complex of buildings.	3108

(3) The board shall approve any outdoor education center	3109
certified under this division for participation in the program for	3110
which the center is making application on the same basis as any	3111
other applicant for that program.	3112

(E) Any school district board of education or chartered	3113
nonpublic school that participates in a breakfast program pursuant	3114
to this section may offer breakfast to pupils in their classrooms	3115
during the school day.	3116

(F) Notwithstanding anything in this section to the contrary,	3117
in each fiscal year in which the general assembly appropriates	3118
funds for purposes of this division, the board of education of	3119
each school district and each chartered nonpublic school that	3120
participates in a breakfast program pursuant to this section shall	3121
provide a breakfast free of charge to each pupil who is eligible	3122
under federal requirements for a reduced price breakfast.	3123

Sec. 3313.816. No public or chartered nonpublic school shall	3124
permit the sale of a la carte beverage items other than the	3125
following during the regular and extended school day:	3126

(A) For a school in which the majority of grades offered are	3127
in the range from kindergarten to grade four:	3128

(1) Water;

3129

(2) Milk;

3130

(3) Eight ounces or less of one hundred per cent fruit juice,	3131
or a one hundred per cent fruit juice and water blend with no	3132
added sweeteners, that contains not more than one hundred sixty	3133
calories per eight ounces.	3134

(B) For a school in which the majority of grades offered are	3135
in the range from grade five to grade eight:	3136

(1) Water;

3137

(2) Milk;

3138

(3) Ten ounces or less of one hundred per cent fruit juice,	3139
or a one hundred per cent fruit juice and water blend with no	3140
added sweeteners, that contains not more than one hundred sixty	3141
calories per eight ounces.	3142

(C) For a school in which the majority of grades offered are	3143
in the range from grade nine to grade twelve:	3144

(1) Water;

3145

(2) Milk;

3146

(3) Twelve ounces or less of one hundred per cent fruit	3147
juice, or a one hundred per cent fruit juice and water blend with	3148
no added sweeteners, that contains not more than one hundred sixty	3149
calories per eight ounces;	3150

(4) Twelve ounces or less of any beverage that contains not	3151
more than sixty-six calories per eight ounces;	3152

(5) Any size of a beverage that contains not more than ten	3153
calories per eight ounces, which may include caffeinated beverages	3154
and beverages with added sweeteners, carbonation, or artificial	3155
flavoring.	3156

(D) Each public and chartered nonpublic school shall require	3157
at least fifty per cent of the a la carte beverage items, other	3158
than milk, availablefor sale from each of the following sources	3159
during the regular and extended school day to be water or other	3160
beverages that contain not more than ten calories per eight	3161
ounces:	3162

(1) A school food service program;

3163

(2) A vending machine located on school property that does	3164
not sell only milk or reimbursable meals;	3165

(3) A store operated by the school, a student association, or	3166
other school-sponsored organization.	3167

Sec. 3313.842. (A) The boards of education or governing	3169
authorities of any two or more school districts or community	3170
schools may enter into an agreement for joint or cooperative	3171
establishment and operation of any educational program including	3172
any class, course, or program that may be included in a school	3173
district's or community school's graded course of study and staff	3174
development programs for teaching and nonteaching school	3175
employees. Each school district or community school that is party	3176
to such an agreement may contribute funds of the district or	3177
school in support of the agreement and for the establishment and	3178
operation of any educational program established under the	3179
agreement. The agreement shall designate one of the districts or	3180
community schools as responsible for receiving and disbursing the	3181
funds contributed by the parties to the agreement.	3182

(B) Notwithstanding sections 3313.48 and 3313.64 of the	3183
Revised Code, any school district that is party to an agreement	3184
for joint or cooperative establishment and operation of an	3185
educational program may charge fees or tuition for students who	3186
participate in the program and are entitled to attend school in	3187
the district under section 3313.64 or 3313.65 of the Revised Code.	3188
Except as otherwise provided in division ~~(H)~~(G) of section 3321.01	3189
of the Revised Code, no community school that is party to the	3190
agreement shall charge fees or tuition for students who	3191
participate in the program and are reported by the school under	3192
division (B)(2) of section 3314.08 of the Revised Code.	3193

Sec. 3313.843. (A) Notwithstanding division (D) of section	3194
3311.52 of the Revised Code, this section does not apply to any	3195
cooperative education school district.	3196

(B)(1) The board of education of each city, exempted village,	3197
or local school district with an average daily student enrollment	3198
of sixteen thousand or less, reported for the district on the most	3199
recent report card issued under section 3302.03 of the Revised	3200
Code, shall enter into an agreement with the governing board of an	3201
educational service center, under which the educational service	3202
center governing board will provide services to the district.	3203

(2) The board of education of a city, exempted village, or	3204
local school district with an average daily student enrollment of	3205
more than sixteen thousand may enter into an agreement with the	3206
governing board of an educational service center, under which the	3207
educational service center governing board will provide services	3208
to the district.	3209

(3) Services provided under an agreement entered into under	3210
division (B)(1) or (2) of this section shall be specified in the	3211
agreement, and may include any of the following: supervisory	3212
teachers; in-service and continuing education programs for	3213
district personnel; curriculum services; research and development	3214
programs; academic instruction for which the governing board	3215
employs teachers pursuant to section 3319.02 of the Revised Code;	3216
assistance in the provision of special accommodations and classes	3217
for students with disabilities; or any other services the district	3218
board and service center governing board agree can be better	3219
provided by the service center and are not provided under an	3220
agreement entered into under section 3313.845 of the Revised Code.	3221
Services included in the agreement shall be provided to the	3222
district in the manner specified in the agreement. The district	3223
board of education shall reimburse the educational service center	3224
governing board pursuant to section 3317.11 of the Revised Code.	3225

Beginning with the 2012-2013 school year, the board of any	3226
district described in division (B)(2) of this section may elect	3227
not to receive the supervisory services for which supervisory	3228
units are paid under division (B) of section 3317.11 of the	3229
Revised Code, provided that election is specified in the	3230
agreement.	3231

(C) Any agreement entered into pursuant to this section shall	3232
be filed with the department of education by the first day of July	3233
of the school year for which the agreement is in effect.	3234

(D)(1) An agreement for services from an educational service	3235
center entered into under this section may be terminated by the	3236
school district board of education, at its option, by notifying	3237
the governing board of the service center by March 1, 2012, or by	3238
the first day of January of any odd-numbered year thereafter, that	3239
the district board intends to terminate the agreement in that	3240
year, and that termination shall be effective on the thirtieth day	3241
of June of that year. The failure of a district board to notify an	3242
educational service center of its intent to terminate an agreement	3243
by March 1, 2012, shall result in renewal of the existing	3244
agreement for the following school year. Thereafter, the failure	3245
of a district board to notify an educational service center of its	3246
intent to terminate an agreement by the first day of January of an	3247
odd-numbered year shall result in renewal of the existing	3248
agreement for the following two school years.	3249

(2) If the school district that terminates an agreement for	3250
services under division (D)(1) of this section is also subject to	3251
the requirement of division (B)(1) of this section, the district	3252
board shall enter into a new agreement with ~~a different~~any	3253
educational service center so that the new agreement is effective	3254
on the first day of July of that same year.	3255

Sec. 3313.845. The board of education of a city, exempted	3256
village, or local school district and the governing board of an	3257
educational service center may enter into an agreement under which	3258
the educational service center will provide services to the school	3259
district. Services provided under the agreement and the amount to	3260
be paid for such services shall be mutually agreed to by the	3261
district board of education and the service center governing	3262
board, and shall be specified in the agreement. Payment for	3263
services specified in the agreement shall be made pursuant to	3264
division (D) of section 3317.11 of the Revised Code and shall not	3265
include any deduction under division (B), (C), or (F) of that	3266
section. Any agreement entered into pursuant to this section shall	3267
be valid only if a copy is filed with the department of education	3268
~~by the first day of the school year for which the agreement is in~~	3269
~~effect~~.	3270

The authority granted under this section to the boards of	3271
education of city, exempted village, and local school districts is	3272
in addition to the authority granted to such boards under section	3273
3313.843 of the Revised Code.	3274

Sec. 3313.847. In the case of a child placed in the custody	3275
of a juvenile facility established under section 2151.65 or a	3276
detention facility established under section 2152.41 of the	3277
Revised Code, if that facility contracts directly with an	3278
educational service center for services for that child, the	3279
service center may submit its request for payment for services for	3280
the child directly to the school district that is responsible to	3281
bear the cost of educating the child, as determined under section	3282
2151.362 of the Revised Code. That district shall pay the service	3283
center directly for those services. Notwithstanding anything to	3284
the contrary in section 3317.03 of the Revised Code, the district	3285
that pays a service center for services for a particular child	3286
under this section shall include that child in the district's	3287
average daily membership as reported under division (A) of section	3288
3317.03 of the Revised Code. No other district shall include the	3289
child in its average daily membership.	3290

Sec. 3313.978. (A) Annually by the first day of November,	3291
the superintendent of public instruction shall notify the pilot	3292
project school district of the number of initial scholarships that	3293
the state superintendent will be awarding in each of grades	3294
kindergarten through twelve.	3295

The state superintendent shall provide information about the	3296
scholarship program to all students residing in the district,	3297
shall accept applications from any such students until such date	3298
as shall be established by the state superintendent as a deadline	3299
for applications, and shall establish criteria for the selection	3300
of students to receive scholarships from among all those applying	3301
prior to the deadline, which criteria shall give preference to	3302
students from low-income families. For each student selected, the	3303
state superintendent shall also determine whether the student	3304
qualifies for seventy-five or ninety per cent of the scholarship	3305
amount. Students whose family income is at or above two hundred	3306
per cent of the maximum income level established by the state	3307
superintendent for low-income families shall qualify for	3308
seventy-five per cent of the scholarship amount and students whose	3309
family income is below two hundred per cent of that maximum income	3310
level shall qualify for ninety per cent of the scholarship amount.	3311
The state superintendent shall notify students of their selection	3312
prior to the fifteenth day of January and whether they qualify for	3313
seventy-five or ninety per cent of the scholarship amount.	3314

(1) A student receiving a pilot project scholarship may	3315
utilize it at an alternative public school by notifying the	3316
district superintendent, at any time before the beginning of the	3317
school year, of the name of the public school in an adjacent	3318
school district to which the student has been accepted pursuant to	3319
section 3327.06 of the Revised Code.	3320

(2) A student may decide to utilize a pilot project	3321
scholarship at a registered private school in the district if all	3322
of the following conditions are met:	3323

(a) By the fifteenth day of February of the preceding school	3324
year, or at any time prior to the start of the school year, the	3325
parent makes an application on behalf of the student to a	3326
registered private school.	3327

(b) The registered private school notifies the parent and the	3328
state superintendent as follows that the student has been	3329
admitted:	3330

(i) By the fifteenth day of March of the preceding school	3331
year if the student filed an application by the fifteenth day of	3332
February and was admitted by the school pursuant to division (A)	3333
of section 3313.977 of the Revised Code;	3334

(ii) Within one week of the decision to admit the student if	3335
the student is admitted pursuant to division (C) of section	3336
3313.977 of the Revised Code.	3337

(c) The student actually enrolls in the registered private	3338
school to which the student was first admitted or in another	3339
registered private school in the district or in a public school in	3340
an adjacent school district.	3341

(B) The state superintendent shall also award in any school	3342
year tutorial assistance grants to a number of students equal to	3343
the number of students who receive scholarships under division (A)	3344
of this section. Tutorial assistance grants shall be awarded	3345
solely to students who are enrolled in the public schools of the	3346
district in a grade level covered by the pilot project. Tutorial	3347
assistance grants may be used solely to obtain tutorial assistance	3348
from a provider approved pursuant to division (D) of section	3349
3313.976 of the Revised Code.	3350

All students wishing to obtain tutorial assistance grants	3351
shall make application to the state superintendent by the first	3352
day of the school year in which the assistance will be used. The	3353
state superintendent shall award assistance grants in accordance	3354
with criteria the superintendent shall establish. For each student	3355
awarded a grant, the state superintendent shall also determine	3356
whether the student qualifies for seventy-five or ninety per cent	3357
of the grant amount and so notify the student. Students whose	3358
family income is at or above two hundred per cent of the maximum	3359
income level established by the state superintendent for	3360
low-income families shall qualify for seventy-five per cent of the	3361
grant amount and students whose family income is below two hundred	3362
per cent of that maximum income level shall qualify for ninety per	3363
cent of the grant amount.	3364

(C)(1) In the case of basic scholarships for students in	3365
grades kindergarten through eight, the scholarship amount shall	3366
not exceed the lesser of the tuition charges of the alternative	3367
school the scholarship recipient attends or three thousand dollars	3368
before fiscal year 2007, three thousand four hundred fifty dollars	3369
in fiscal year 2007 through fiscal year 2011, and four thousand	3370
two hundred fifty dollars in fiscal year 2012 and thereafter.	3371

In the case of basic scholarships for students in grades nine	3372
through twelve, the scholarship amount shall not exceed the lesser	3373
of the tuition charges of the alternative school the scholarship	3374
recipient attends or two thousand seven hundred dollars before	3375
fiscal year 2007, three thousand four hundred fifty dollars in	3376
fiscal year 2007 through fiscal year 2011, and five thousand	3377
dollars in fiscal year 2012 and thereafter.	3378

(2) The state superintendent shall provide for an increase in	3379
the basic scholarship amount in the case of any student who is a	3380
mainstreamed student with a disability and shall further increase	3381
such amount in the case of any separately educated student with a	3382
disability. Such increases shall take into account the	3383
instruction, related services, and transportation costs of	3384
educating such students.	3385

(3) In the case of tutorial assistance grants, the grant	3386
amount shall not exceed the lesser of the provider's actual	3387
charges for such assistance or:	3388

(a) Before fiscal year 2007, a percentage established by the	3389
state superintendent, not to exceed twenty per cent, of the amount	3390
of the pilot project school district's average basic scholarship	3391
amount;	3392

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

3393

(4) No scholarship or tutorial assistance grant shall be	3394
awarded unless the state superintendent determines that	3395
twenty-five or ten per cent, as applicable, of the amount	3396
specified for such scholarship or grant pursuant to division	3397
(C)(1), (2), or (3) of this section will be furnished by a	3398
political subdivision, a private nonprofit or for profit entity,	3399
or another person. Only seventy-five or ninety per cent of such	3400
amounts, as applicable, shall be paid from state funds pursuant to	3401
section 3313.979 of the Revised Code.	3402

(D)(1) Annually by the first day of November, the state	3403
superintendent shall estimate the maximum per-pupil scholarship	3404
amounts for the ensuing school year. The state superintendent	3405
shall make this estimate available to the general public at the	3406
offices of the district board of education together with the forms	3407
required by division (D)(2) of this section.	3408

(2) Annually by the fifteenth day of January, the chief	3409
administrator of each registered private school located in the	3410
pilot project district and the principal of each public school in	3411
such district shall complete a parental information form and	3412
forward it to the president of the board of education. The	3413
parental information form shall be prescribed by the department of	3414
education and shall provide information about the grade levels	3415
offered, the numbers of students, tuition amounts, achievement	3416
test results, and any sectarian or other organizational	3417
affiliations.	3418

(E)(1) Only for the purpose of administering the pilot	3419
project scholarship program, the department may request from any	3420
of the following entities the data verification code assigned	3421
under division (D)(2) of section 3301.0714 of the Revised Code to	3422
any student who is seeking a scholarship under the program:	3423

(a) The school district in which the student is entitled to	3424
attend school under section 3313.64 or 3313.65 of the Revised	3425
Code;	3426

(b) If applicable, the community school in which the student	3427
is enrolled;	3428

(c) The independent contractor engaged to create and maintain	3429
data verification codes.	3430

(2) Upon a request by the department under division (E)(1) of	3431
this section for the data verification code of a student seeking a	3432
scholarship or a request by the student's parent for that code,	3433
the school district or community school shall submit that code to	3434
the department or parent in the manner specified by the	3435
department. If the student has not been assigned a code, because	3436
the student will be entering kindergarten during the school year	3437
for which the scholarship is sought, the district shall assign a	3438
code to that student and submit the code to the department or	3439
parent by a date specified by the department. If the district does	3440
not assign a code to the student by the specified date, the	3441
department shall assign a code to the student.	3442

The department annually shall submit to each school district	3443
the name and data verification code of each student residing in	3444
the district who is entering kindergarten, who has been awarded a	3445
scholarship under the program, and for whom the department has	3446
assigned a code under this division.	3447

(3) The department shall not release any data verification	3448
code that it receives under division (E) of this section to any	3449
person except as provided by law.	3450

(F) Any document relative to the pilot project scholarship	3451
program that the department holds in its files that contains both	3452
a student's name or other personally identifiable information and	3453
the student's data verification code shall not be a public record	3454
under section 149.43 of the Revised Code.	3455

(G)(1) The department annually shall compile the scores	3456
attained by scholarship students enrolled in registered private	3457
schools on the assessments administered to the students pursuant	3458
to division (A)(11) of section 3313.976 of the Revised Code. The	3459
scores shall be aggregated as follows:	3460

(a) By school district, which shall include all scholarship	3461
students residing in the pilot project school district who are	3462
enrolled in a registered private school and were required to take	3463
an assessment pursuant to division (A)(11) of section 3313.976 of	3464
the Revised Code;	3465

(b) By registered private school, which shall include all	3466
scholarship students enrolled in that school who were required to	3467
take an assessment pursuant to division (A)(11) of section	3468
3313.976 of the Revised Code.	3469

(2) The department shall disaggregate the student performance	3470
data described in division (G)(1) of this section according to the	3471
following categories:	3472

(a) ~~Age~~Grade level;

3473

(b) Race and ethnicity;

3474

3475

(d) Students who have participated in the scholarship program	3476
for three or more years;	3477

(e) Students who have participated in the scholarship program	3478
for more than one year and less than three years;	3479

(f) Students who have participated in the scholarship program	3480
for one year or less;	3481

(g) Economically disadvantaged students.

3482

(3) The department shall post the student performance data	3483
required under divisions (G)(1) and (2) of this section on its web	3484
site and shall include that data in the information about the	3485
scholarship program provided to students under division (A) of	3486
this section. In reporting student performance data under this	3487
division, the department shall not include any data that is	3488
statistically unreliable or that could result in the	3489
identification of individual students. For this purpose, the	3490
department shall not report performance data for any group that	3491
contains less than ten students.	3492

(4) The department shall provide the parent of each	3493
scholarship student enrolled in a registered private school with	3494
information comparing the student's performance on the assessments	3495
administered pursuant to division (A)(11) of section 3313.976 of	3496
the Revised Code with the average performance of similar students	3497
enrolled in the building operated by the pilot project school	3498
district that the scholarship student would otherwise attend. In	3499
calculating the performance of similar students, the department	3500
shall consider age, grade, race and ethnicity, gender, and	3501
socioeconomic status.	3502

Sec. 3314.015. (A) The department of education shall be	3503
responsible for the oversight of any and all sponsors of the	3504
community schools established under this chapter and shall provide	3505
technical assistance to schools and sponsors in their compliance	3506
with applicable laws and the terms of the contracts entered into	3507
under section 3314.03 of the Revised Code and in the development	3508
and start-up activities of those schools. In carrying out its	3509
duties under this section, the department shall do all of the	3510
following:	3511

(1) In providing technical assistance to proposing parties,	3512
governing authorities, and sponsors, conduct training sessions and	3513
distribute informational materials;	3514

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

3515

(3) Monitor the effectiveness of any and all sponsors in	3516
their oversight of the schools with which they have contracted;	3517

(4) By December thirty-first of each year, issue a report to	3518
the governor, the speaker of the house of representatives, the	3519
president of the senate, and the chairpersons of the house and	3520
senate committees principally responsible for education matters	3521
regarding the effectiveness of academic programs, operations, and	3522
legal compliance and of the financial condition of all community	3523
schools established under this chapter and on the performance of	3524
community school sponsors;	3525

(5) From time to time, make legislative recommendations to	3526
the general assembly designed to enhance the operation and	3527
performance of community schools.	3528

(B)(1) Except as provided in sections 3314.021 and 3314.027	3529
of the Revised Code, no entity listed in division (C)(1) of	3530
section 3314.02 of the Revised Code shall enter into a preliminary	3531
agreement under division (C)(2) of section 3314.02 of the Revised	3532
Code until it has received approval from the department of	3533
education to sponsor community schools under this chapter and has	3534
entered into a written agreement with the department regarding the	3535
manner in which the entity will conduct such sponsorship. The	3536
department shall adopt in accordance with Chapter 119. of the	3537
Revised Code rules containing criteria, procedures, and deadlines	3538
for processing applications for such approval, for oversight of	3539
sponsors, for revocation of the approval of sponsors, and for	3540
entering into written agreements with sponsors. The rules shall	3541
require an entity to submit evidence of the entity's ability and	3542
willingness to comply with the provisions of division (D) of	3543
section 3314.03 of the Revised Code. The rules also shall require	3544
entities approved as sponsors on and after June 30, 2005, to	3545
demonstrate a record of financial responsibility and successful	3546
implementation of educational programs. If an entity seeking	3547
approval on or after June 30, 2005, to sponsor community schools	3548
in this state sponsors or operates schools in another state, at	3549
least one of the schools sponsored or operated by the entity must	3550
be comparable to or better than the performance of Ohio schools in	3551
need of continuous improvement under section 3302.03 of the	3552
Revised Code, as determined by the department.	3553

Subject to section 3314.016 of the Revised Code, an entity	3554
that sponsors community schools may enter into preliminary	3555
agreements and sponsor up to one hundred schools, provided each	3556
school and the contract for sponsorship meets the requirements of	3557
this chapter.	3558

(2) The department of education shall determine, pursuant to	3559
criteria adopted by rule of the department, whether the mission	3560
proposed to be specified in the contract of a community school to	3561
be sponsored by a state university board of trustees or the	3562
board's designee under division (C)(1)(e) of section 3314.02 of	3563
the Revised Code complies with the requirements of that division.	3564
Such determination of the department is final.	3565

(3) The department of education shall determine, pursuant to	3566
criteria adopted by rule of the department, if any tax-exempt	3567
entity under section 501(c)(3) of the Internal Revenue Code that	3568
is proposed to be a sponsor of a community school is an	3569
education-oriented entity for purpose of satisfying the condition	3570
prescribed in division (C)(1)(f)(iii) of section 3314.02 of the	3571
Revised Code. Such determination of the department is final.	3572

(C) If at any time the state board of education finds that a	3573
sponsor is not in compliance or is no longer willing to comply	3574
with its contract with any community school or with the	3575
department's rules for sponsorship, the state board or designee	3576
shall conduct a hearing in accordance with Chapter 119. of the	3577
Revised Code on that matter. If after the hearing, the state board	3578
or designee has confirmed the original finding, the department of	3579
education may revoke the sponsor's approval to sponsor community	3580
schools ~~and~~. In that case, the department's office of Ohio school	3581
sponsorship, established under section 3314.029 of the Revised	3582
Code, may assume the sponsorship of any schools with which the	3583
sponsor has contracted until the earlier of the expiration of two	3584
school years or until a new sponsor as described in division	3585
(C)(1) of section 3314.02 of the Revised Code is secured by the	3586
school's governing authority. The ~~department~~office of Ohio school	3587
sponsorship may extend the term of the contract in the case of a	3588
school for which it has assumed sponsorship under this division as	3589
necessary to accommodate the term of the department's	3590
authorization to sponsor the school specified in this division.	3591
Community schools sponsored under this division shall not apply to	3592
the limit on directly authorized community schools under division	3593
(A)(3) of section 3314.029 of the Revised Code. However, nothing	3594
in this division shall preclude a community school affected by	3595
this division from applying for sponsorship under that section.	3596

(D) The decision of the department to disapprove an entity	3597
for sponsorship of a community school or to revoke approval for	3598
such sponsorship under division (C) of this section, may be	3599
appealed by the entity in accordance with section 119.12 of the	3600
Revised Code.	3601

(E) The department shall adopt procedures for use by a	3602
community school governing authority and sponsor when the school	3603
permanently closes and ceases operation, which shall include at	3604
least procedures for data reporting to the department, handling of	3605
student records, distribution of assets in accordance with section	3606
3314.074 of the Revised Code, and other matters related to ceasing	3607
operation of the school.	3608

(F) In carrying out its duties under this chapter, the	3609
department shall not impose requirements on community schools or	3610
their sponsors that are not permitted by law or duly adopted	3611
rules.	3612

Sec. 3314.016. This section applies to any entity that	3613
sponsors a community school, regardless of whether section	3614
3314.021 or 3314.027 of the Revised Code exempts the entity from	3615
the requirement to be approved for sponsorship under divisions	3616
(A)(2) and (B)(1) of section 3314.015 of the Revised Code. The	3617
office of Ohio school sponsorship established under section	3618
3314.029 of the Revised Code shall be ranked under division (B) of	3619
this section, but divisions (A) and (C) of this section do not	3620
apply to the office.	3621

(A) An entity that sponsors a community school shall be	3622
permitted to enter into contracts under section 3314.03 of the	3623
Revised Code to sponsor additional community schools only if the	3624
entity meets both of the following criteria:	3625

(1) The entity is in compliance with all provisions of this	3626
chapter requiring sponsors of community schools to report data or	3627
information to the department of education.	3628

(2) The entity is not ranked in the lowest twenty per cent of	3629
community school sponsors on the ranking prescribed by division	3630
(B) of this section.	3631

(B)(1) For purposes of this section, the department shall	3632
develop a composite performance index score, as defined in section	3633
3302.01 of the Revised Code, that measures the academic	3634
performance of students enrolled in community schools sponsored by	3635
the same entity. In	3636

(2) In calculating ~~the~~an entity's composite performance	3637
index score, the department shall exclude all of the following:	3638

(a) All community schools that have been in operation for	3639
less than two full school years;	3640

(b) All community schools described in division (A)(3) of	3641
section 3314.35 of the Revised Code, but the department shall	3642
cease to exclude ~~those~~the schools ~~beginning January 1, 2013, if~~	3643
~~the general assembly does not enact by that date separate~~	3644
~~performance standards for community schools that operate dropout~~	3645
~~prevention and recovery programs and for community schools that~~	3646
~~serve students with disabilities~~described in division (A)(3)(a)	3647
of that section if those schools become subject to closure under	3648
division (D) of that section. ~~The~~	3649

(3) The department annually shall rank all entities that	3650
sponsor community schools from highest to lowest according to the	3651
entities' composite performance index scores and shall publish the	3652
rankings between the first day of October and the fifteenth day of	3653
October.	3654

(C) If the governing authority of a community school enters	3655
into a contract with a sponsor prior to the date on which the	3656
sponsor is prohibited from sponsoring additional schools under	3657
division (A) of this section and the school has not opened for	3658
operation as of that date, that contract shall be void and the	3659
school shall not open until the governing authority secures a new	3660
sponsor by entering into a contract with the new sponsor under	3661
section 3314.03 of the Revised Code.	3662

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

3663

(1) "Sponsor" means the board of education of a school	3664
district or the governing board of an educational service center	3665
that agrees to the conversion of all or part of a school or	3666
building under division (B) of this section, or an entity listed	3667
in division (C)(1) of this section, which either has been approved	3668
by the department of education to sponsor community schools or is	3669
exempted by section 3314.021 or 3314.027 of the Revised Code from	3670
obtaining approval, and with which the governing authority of ~~the~~	3671
~~proposed~~a community school enters into a contract ~~pursuant to~~	3672
~~this~~under section 3314.03 of the Revised Code.	3673

(2) "Pilot project area" means the school districts included	3674
in the territory of the former community school pilot project	3675
established by former Section 50.52 of Am. Sub. H.B. No. 215 of	3676
the 122nd general assembly.	3677

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

3678

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

3679

(b) A school district that is either in a state of academic	3680
emergency or in a state of academic watch under section 3302.03 of	3681
the Revised Code;	3682

3683

(d) A school district ranked in the lowest five per cent of	3684
school districts according to performance index score under	3685
section 3302.21 of the Revised Code.	3686

(4) "Big eight school district" means a school district that	3687
for fiscal year 1997 had both of the following:	3688

(a) A percentage of children residing in the district and	3689
participating in the predecessor of Ohio works first greater than	3690
thirty per cent, as reported pursuant to section 3317.10 of the	3691
Revised Code;	3692

(b) An average daily membership greater than twelve thousand,	3693
as reported pursuant to former division (A) of section 3317.03 of	3694
the Revised Code.	3695

(5) "New start-up school" means a community school other than	3696
one created by converting all or part of an existing public school	3697
or educational service center building, as designated in the	3698
school's contract pursuant to division (A)(17) of section 3314.03	3699
of the Revised Code.	3700

(6) "Urban school district" means one of the state's	3701
twenty-one urban school districts as defined in division (O) of	3702
section 3317.02 of the Revised Code as that section existed prior	3703
to July 1, 1998.	3704

(7) "Internet- or computer-based community school" means a	3705
community school established under this chapter in which the	3706
enrolled students work primarily from their residences on	3707
assignments in nonclassroom-based learning opportunities provided	3708
via an internet- or other computer-based instructional method that	3709
does not rely on regular classroom instruction or via	3710
comprehensive instructional methods that include internet-based,	3711
other computer-based, and noncomputer-based learning	3712
opportunities.	3713

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

3714

(a) An individual or organization that manages the daily	3715
operations of a community school pursuant to a contract between	3716
the operator and the school's governing authority;	3717

(b) A nonprofit organization that provides programmatic	3718
oversight and support to a community school under a contract with	3719
the school's governing authority and that retains the right to	3720
terminate its affiliation with the school if the school fails to	3721
meet the organization's quality standards.	3722

(B) Any person or group of individuals may initially propose	3723
under this division the conversion of all or a portion of a public	3724
school or a building operated by an educational service center to	3725
a community school. The proposal shall be made to the board of	3726
education of the city, local, exempted village, or joint	3727
vocational school district in which the public school is proposed	3728
to be converted or, in the case of the conversion of a building	3729
operated by an educational service center, to the governing board	3730
of the service center. Upon receipt of a proposal, a board may	3731
enter into a preliminary agreement with the person or group	3732
proposing the conversion of the public school or service center	3733
building, indicating the intention of the board to support the	3734
conversion to a community school. A proposing person or group that	3735
has a preliminary agreement under this division may proceed to	3736
finalize plans for the school, establish a governing authority for	3737
the school, and negotiate a contract with the board. Provided the	3738
proposing person or group adheres to the preliminary agreement and	3739
all provisions of this chapter, the board shall negotiate in good	3740
faith to enter into a contract in accordance with section 3314.03	3741
of the Revised Code and division (C) of this section.	3742

(C)(1) Any person or group of individuals may propose under	3743
this division the establishment of a new start-up school to be	3744
located in a challenged school district. The proposal may be made	3745
to any of the following entities:	3746

(a) The board of education of the district in which the	3747
school is proposed to be located;	3748

(b) The board of education of any joint vocational school	3749
district with territory in the county in which is located the	3750
majority of the territory of the district in which the school is	3751
proposed to be located;	3752

(c) The board of education of any other city, local, or	3753
exempted village school district having territory in the same	3754
county where the district in which the school is proposed to be	3755
located has the major portion of its territory;	3756

(d) The governing board of any educational service center, as	3757
long as the proposed school will be located in a county within the	3758
territory of the service center or in a county contiguous to such	3759
county;	3760

(e) A sponsoring authority designated by the board of	3761
trustees of any of the thirteen state universities listed in	3762
section 3345.011 of the Revised Code or the board of trustees	3763
itself as long as a mission of the proposed school to be specified	3764
in the contract under division (A)(2) of section 3314.03 of the	3765
Revised Code and as approved by the department of education under	3766
division (B)(2) of section 3314.015 of the Revised Code will be	3767
the practical demonstration of teaching methods, educational	3768
technology, or other teaching practices that are included in the	3769
curriculum of the university's teacher preparation program	3770
approved by the state board of education;	3771

(f) Any qualified tax-exempt entity under section 501(c)(3)	3772
of the Internal Revenue Code as long as all of the following	3773
conditions are satisfied:	3774

(i) The entity has been in operation for at least five years	3775
prior to applying to be a community school sponsor.	3776

(ii) The entity has assets of at least five hundred thousand	3777
dollars and a demonstrated record of financial responsibility.	3778

(iii) The department of education has determined that the	3779
entity is an education-oriented entity under division (B)(3) of	3780
section 3314.015 of the Revised Code and the entity has a	3781
demonstrated record of successful implementation of educational	3782
programs.	3783

(iv) The entity is not a community school.

3784

Any entity described in division (C)(1) of this section may	3785
enter into a preliminary agreement pursuant to division (C)(2) of	3786
this section with the proposing person or group.	3787

(2) A preliminary agreement indicates the intention of an	3788
entity described in division (C)(1) of this section to sponsor the	3789
community school. A proposing person or group that has such a	3790
preliminary agreement may proceed to finalize plans for the	3791
school, establish a governing authority as described in division	3792
(E) of this section for the school, and negotiate a contract with	3793
the entity. Provided the proposing person or group adheres to the	3794
preliminary agreement and all provisions of this chapter, the	3795
entity shall negotiate in good faith to enter into a contract in	3796
accordance with section 3314.03 of the Revised Code.	3797

(3) A new start-up school that is established in a school	3798
district while that district is either in a state of academic	3799
emergency or in a state of academic watch under section 3302.03 of	3800
the Revised Code or ranked in the lowest five per cent according	3801
to performance index score under section 3302.21 of the Revised	3802
Code may continue in existence once the school district is no	3803
longer in a state of academic emergency or academic watch or	3804
ranked in the lowest five per cent according to performance index	3805
score, provided there is a valid contract between the school and a	3806
sponsor.	3807

(4) A copy of every preliminary agreement entered into under	3808
this division shall be filed with the superintendent of public	3809
instruction.	3810

(D) A majority vote of the board of a sponsoring entity and a	3811
majority vote of the members of the governing authority of a	3812
community school shall be required to adopt a contract and convert	3813
the public school or educational service center building to a	3814
community school or establish the new start-up school. Beginning	3815
September 29, 2005, adoption of the contract shall occur not later	3816
than the fifteenth day of March, and signing of the contract shall	3817
occur not later than the fifteenth day of May, prior to the school	3818
year in which the school will open. The governing authority shall	3819
notify the department of education when the contract has been	3820
signed. Subject to sections 3314.013 and 3314.016 of the Revised	3821
Code, an unlimited number of community schools may be established	3822
in any school district provided that a contract is entered into	3823
for each community school pursuant to this chapter.	3824

(E)(1) As used in this division, "immediate relatives" are	3825
limited to spouses, children, parents, grandparents, siblings, and	3826
in-laws.	3827

Each new start-up community school established under this	3828
chapter shall be under the direction of a governing authority	3829
which shall consist of a board of not less than five individuals.	3830

No person shall serve on the governing authority or operate	3831
the community school under contract with the governing authority	3832
so long as the person owes the state any money or is in a dispute	3833
over whether the person owes the state any money concerning the	3834
operation of a community school that has closed.	3835

(2) No person shall serve on the governing authorities of	3836
more than ~~two~~five start-up community schools at the same time.	3837

(3) No present or former member, or immediate relative of a	3838
present or former member, of the governing authority of any	3839
community school established under this chapter shall be an owner,	3840
employee, or consultant of any sponsor or operator of a community	3841
school, unless at least one year has elapsed since the conclusion	3842
of the person's membership.	3843

(4) The governing authority of a start-up community school	3844
may provide by resolution for the compensation of its members.	3845
However, no individual who serves on the governing authority of a	3846
start-up community school shall be compensated more than four	3847
hundred twenty-five dollars per meeting of that governing	3848
authority and no such individual shall be compensated more than a	3849
total amount of five thousand dollars per year for all governing	3850
authorities upon which the individual serves.	3851

(F)(1) A new start-up school that is established prior to	3852
August 15, 2003, in an urban school district that is not also a	3853
big-eight school district may continue to operate after that date	3854
and the contract between the school's governing authority and the	3855
school's sponsor may be renewed, as provided under this chapter,	3856
after that date, but no additional new start-up schools may be	3857
established in such a district unless the district is a challenged	3858
school district as defined in this section as it exists on and	3859
after that date.	3860

(2) A community school that was established prior to June 29,	3861
1999, and is located in a county contiguous to the pilot project	3862
area and in a school district that is not a challenged school	3863
district may continue to operate after that date, provided the	3864
school complies with all provisions of this chapter. The contract	3865
between the school's governing authority and the school's sponsor	3866
may be renewed, but no additional start-up community school may be	3867
established in that district unless the district is a challenged	3868
school district.	3869

(3) Any educational service center that, on June 30, 2007,	3870
sponsors a community school that is not located in a county within	3871
the territory of the service center or in a county contiguous to	3872
such county may continue to sponsor that community school on and	3873
after June 30, 2007, and may renew its contract with the school.	3874
However, the educational service center shall not enter into a	3875
contract with any additional community school unless the school is	3876
located in a county within the territory of the service center or	3877
in a county contiguous to such county.	3878

Sec. 3314.029. This section establishes the Ohio school	3879
sponsorship program. The department of education shall establish	3880
an office of Ohio school sponsorship to perform the department's	3881
duties prescribed by this section.	3882

(A)(1) Notwithstanding anything to the contrary in this	3883
chapter, but subject to section 3314.20 of the Revised Code, any	3884
person, group of individuals, or entity may apply to the	3885
department for direct authorization to establish a community	3886
school and, upon approval of the application, may establish the	3887
school. Notwithstanding anything to the contrary in this chapter,	3888
the governing authority of an existing community school, upon the	3889
expiration or termination of its contract with the school's	3890
sponsor entered into under section 3314.03 of the Revised Code,	3891
may apply to the department for direct authorization to continue	3892
operating the school and, upon approval of the application, may	3893
continue to operate the school.	3894

Each application submitted to the department shall include	3895
the following:	3896

(a) Evidence that the applicant will be able to comply with	3897
division (C) of this section;	3898

(b) A statement indicating that the applicant agrees to	3899
comply with all applicable provisions of this chapter, including	3900
the requirement to be established as a nonprofit corporation or	3901
public benefit corporation in accordance with division (A)(1) of	3902
section 3314.03 of the Revised Code;	3903

(c) A statement attesting that no unresolved finding of	3904
recovery has been issued by the auditor of state against any	3905
person, group of individuals, or entity that is a party to the	3906
application and that no person who is party to the application has	3907
been a member of the governing authority of any community school	3908
that has permanently closed and against which an unresolved	3909
finding of recovery has been issued by the auditor of state. In	3910
the case of an application submitted by the governing authority of	3911
an existing community school, a person who is party to the	3912
application shall include each individual member of that governing	3913
authority.	3914

(d) A statement that the school will be nonsectarian in its	3915
programs, admission policies, employment practices, and all other	3916
operations, and will not be operated by a sectarian school or	3917
religious institution;	3918

(e) A statement of whether the school is to be created by	3919
converting all or part of an existing public school or educational	3920
service center building or is to be a new start-up school. If it	3921
is a converted public school or service center building, the	3922
statement shall include a specification of any duties or	3923
responsibilities of an employer that the board of education or	3924
service center governing board that operated the school or	3925
building before conversion is delegating to the governing	3926
authority of the community school with respect to all or any	3927
specified group of employees, provided the delegation is not	3928
prohibited by a collective bargaining agreement applicable to such	3929
employees.	3930

(f) A statement that the school's teachers will be licensed	3931
in the manner prescribed by division (A)(10) of section 3314.03 of	3932
the Revised Code;	3933

(g) A statement that the school will comply with all of the	3934
provisions of law enumerated in divisions (A)(11)(d) and (e) of	3935
section 3314.03 of the Revised Code and of division (A)(11)(h) of	3936
that section, if applicable;	3937

(h) A statement that the school's graduation and curriculum	3938
requirements will comply with division (A)(11)(f) of section	3939
3314.03 of the Revised Code;	3940

(i) A description of each of the following:

3941

(i) The school's mission and educational program, the	3942
characteristics of the students the school is expected to attract,	3943
the ages and grade levels of students, and the focus of the	3944
curriculum;	3945

(ii) The school's governing authority, which shall be in	3946
compliance with division (E) of section 3314.02 of the Revised	3947
Code;	3948

(iii) The school's admission and dismissal policies, which	3949
shall be in compliance with divisions (A)(5) and (6) of section	3950
3314.03 of the Revised Code;	3951

(iv) The school's business plan, including a five-year	3952
financial forecast;	3953

(v) In the case of an application to establish a community	3954
school, the applicant's resources and capacity to establish and	3955
operate the school;	3956

(vi) The school's academic goals to be achieved and the	3957
method of measurement that will be used to determine progress	3958
toward those goals, which shall include the statewide achievement	3959
assessments;	3960

(vii) The facilities to be used by the school and their	3961
locations;	3962

(viii) A description of the learning opportunities that will	3963
be offered to students including both classroom-based and	3964
nonclassroom-based learning opportunities that are in compliance	3965
with criteria for student participation established by the	3966
department under division (L)(2) of section 3314.08 of the Revised	3967
Code.	3968

(2) Subject to division (A)(3) of this section, the	3969
department shall approve each application, unless, within thirty	3970
days after receipt of the application, the department determines	3971
that the application does not satisfy the requirements of division	3972
(A)(1) of this section and provides the applicant a written	3973
explanation of the reasons for the determination. In that case,	3974
the department shall grant the applicant thirty days to correct	3975
the insufficiencies in the application. If the department	3976
determines that the insufficiencies have been corrected, it shall	3977
approve the application. If the department determines that the	3978
insufficiencies have not been corrected, it shall deny the	3979
application and provide the applicant with a written explanation	3980
of the reasons for the denial. The denial of an application may be	3981
appealed in accordance with section 119.12 of the Revised Code.	3982

(3) For each of five school years, beginning with the school	3983
year that begins in the calendar year in which this section takes	3984
effect, the department may approve up to twenty applications for	3985
community schools to be established or to continue operation under	3986
division (A) of this section; however, of the twenty applications	3987
that may be approved each school year, only up to five may be for	3988
the establishment of new schools.	3989

(4) Notwithstanding division (A)(2) of this section, the	3990
department may deny an application submitted by the governing	3991
authority of an existing community school, if a previous sponsor	3992
of that school did not renew its contract with the school entered	3993
into under section 3314.03 of the Revised Code.	3994

(B) The department and the governing authority of each	3995
community school authorized under this section shall enter into a	3996
contract under section 3314.03 of the Revised Code.	3997
Notwithstanding division (A)(13) of that section, the contract	3998
with an existing community school may begin at any time during the	3999
academic year. The length of the initial contract of any community	4000
school under this section may be for any term up to five years.	4001
The contract may be renewed in accordance with division (E) of	4002
that section. The contract may provide for the school's governing	4003
authority to pay a fee for oversight and monitoring of the school	4004
that does not exceed three per cent of the total amount of	4005
payments for operating expenses that the school receives from the	4006
state.	4007

(C) The department may require a community school authorized	4008
under this section to post and file with the superintendent of	4009
public instruction a bond payable to the state or to file with the	4010
state superintendent a guarantee, which shall be used to pay the	4011
state any moneys owed by the community school in the event the	4012
school closes.	4013

(D) Except as otherwise provided in this section, a community	4014
school authorized under this section shall comply with all	4015
applicable provisions of this chapter. The department may take any	4016
action that a sponsor may take under this chapter to enforce the	4017
school's compliance with this division and the terms of the	4018
contract entered into under division (B) of this section.	4019

(E) Not later than December 31, 2012, and annually	4020
thereafter, the department shall issue a report on the program,	4021
including information about the number of community schools	4022
participating in the program and their compliance with the	4023
provisions of this chapter. In its fifth report, the department	4024
shall include a complete evaluation of the program and	4025
recommendations regarding the program's continuation. Each report	4026
shall be provided to the general assembly, in accordance with	4027
section 101.68 of the Revised Code, and to the governor.	4028

Sec. 3314.03. A copy of every contract entered into under	4029
this section shall be filed with the superintendent of public	4030
instruction. The department of education shall make available on	4031
its web site a copy of every approved, executed contract filed	4032
with the superintendent under this section.	4033

(A) Each contract entered into between a sponsor and the	4034
governing authority of a community school shall specify the	4035
following:	4036

(1) That the school shall be established as either of the	4037
following:	4038

(a) A nonprofit corporation established under Chapter 1702.	4039
of the Revised Code, if established prior to April 8, 2003;	4040

(b) A public benefit corporation established under Chapter	4041
1702. of the Revised Code, if established after April 8, 2003.	4042

(2) The education program of the school, including the	4043
school's mission, the characteristics of the students the school	4044
is expected to attract, the ages and grades of students, and the	4045
focus of the curriculum;	4046

(3) The academic goals to be achieved and the method of	4047
measurement that will be used to determine progress toward those	4048
goals, which shall include the statewide achievement assessments;	4049

(4) Performance standards by which the success of the school	4050
will be evaluated by the sponsor;	4051

(5) The admission standards of section 3314.06 of the Revised	4052
Code and, if applicable, section 3314.061 of the Revised Code;	4053

(6)(a) Dismissal procedures;

4054

(b) A requirement that the governing authority adopt an	4055
attendance policy that includes a procedure for automatically	4056
withdrawing a student from the school if the student without a	4057
legitimate excuse fails to participate in one hundred five	4058
consecutive hours of the learning opportunities offered to the	4059
student.	4060

(7) The ways by which the school will achieve racial and	4061
ethnic balance reflective of the community it serves;	4062

(8) Requirements for financial audits by the auditor of	4063
state. The contract shall require financial records of the school	4064
to be maintained in the same manner as are financial records of	4065
school districts, pursuant to rules of the auditor of state.	4066
Audits shall be conducted in accordance with section 117.10 of the	4067
Revised Code.	4068

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

4069

(10) Qualifications of teachers, including the following:

4070

(a) A requirement that the school's classroom teachers be	4071
licensed in accordance with sections 3319.22 to 3319.31 of the	4072
Revised Code, except that a community school may engage	4073
noncertificated persons to teach up to twelve hours per week	4074
pursuant to section 3319.301 of the Revised Code;	4075

(b) A requirement that each classroom teacher initially hired	4076
by the school on or after July 1, 2013, and employed to provide	4077
instruction in physical education hold a valid license issued	4078
pursuant to section 3319.22 of the Revised Code for teaching	4079
physical education.	4080

(11) That the school will comply with the following	4081
requirements:	4082

(a) The school will provide learning opportunities to a	4083
minimum of twenty-five students for a minimum of nine hundred	4084
twenty hours per school year.	4085

(b) The governing authority will purchase liability	4086
insurance, or otherwise provide for the potential liability of the	4087
school.	4088

(c) The school will be nonsectarian in its programs,	4089
admission policies, employment practices, and all other	4090
operations, and will not be operated by a sectarian school or	4091
religious institution.	4092

(d) The school will comply with sections 9.90, 9.91, 109.65,	4093
121.22, 149.43, 2151.357, 2151.421, 2313.19, 3301.0710, 3301.0711,	4094
3301.0712, 3301.0715, 3313.472, 3313.50, 3313.536, 3313.608,	4095
3313.609, 3313.6012, 3313.6013, 3313.6014, 3313.6015, 3313.643,	4096
3313.648, 3313.6411, 3313.66, 3313.661, 3313.662, 3313.666,	4097
3313.667, 3313.67, 3313.671, 3313.672, 3313.673, 3313.69, 3313.71,	4098
3313.716, 3313.718, 3313.719, 3313.80, 3313.814, 3313.816,	4099
3313.817, 3313.86, 3313.96, 3319.073, 3319.321, 3319.39, 3319.391,	4100
3319.41, 3321.01, 3321.041, 3321.13, 3321.14, 3321.17, 3321.18,	4101
3321.19, 3321.191, 3327.10, 4111.17, 4113.52, and 5705.391 and	4102
Chapters 117., 1347., 2744., 3365., 3742., 4112., 4123., 4141.,	4103
and 4167. of the Revised Code as if it were a school district and	4104
will comply with section 3301.0714 of the Revised Code in the	4105
manner specified in section 3314.17 of the Revised Code.	4106

(e) The school shall comply with Chapter 102. and section	4107
2921.42 of the Revised Code.	4108

(f) The school will comply with sections 3313.61, 3313.611,	4109
and 3313.614 of the Revised Code, except that for students who	4110
enter ninth grade for the first time before July 1, 2010, the	4111
requirement in sections 3313.61 and 3313.611 of the Revised Code	4112
that a person must successfully complete the curriculum in any	4113
high school prior to receiving a high school diploma may be met by	4114
completing the curriculum adopted by the governing authority of	4115
the community school rather than the curriculum specified in Title	4116
XXXIII of the Revised Code or any rules of the state board of	4117
education. Beginning with students who enter ninth grade for the	4118
first time on or after July 1, 2010, the requirement in sections	4119
3313.61 and 3313.611 of the Revised Code that a person must	4120
successfully complete the curriculum of a high school prior to	4121
receiving a high school diploma shall be met by completing the	4122
Ohio core curriculum prescribed in division (C) of section	4123
3313.603 of the Revised Code, unless the person qualifies under	4124
division (D) or (F) of that section. Each school shall comply with	4125
the plan for awarding high school credit based on demonstration of	4126
subject area competency, adopted by the state board of education	4127
under division (J) of section 3313.603 of the Revised Code.	4128

(g) The school governing authority will submit within four	4129
months after the end of each school year a report of its	4130
activities and progress in meeting the goals and standards of	4131
divisions (A)(3) and (4) of this section and its financial status	4132
to the sponsor and the parents of all students enrolled in the	4133
school.	4134

(h) The school, unless it is an internet- or computer-based	4135
community school, will comply with ~~sections 3313.674 and~~section	4136
3313.801 of the Revised Code as if it were a school district.	4137

(i) If the school is the recipient of moneys from a grant	4138
awarded under the federal race to the top program, Division (A),	4139
Title XIV, Sections 14005 and 14006 of the "American Recovery and	4140
Reinvestment Act of 2009," Pub. L. No. 111-5, 123 Stat. 115, the	4141
school will pay teachers based upon performance in accordance with	4142
section 3317.141 and will comply with section 3319.111 of the	4143
Revised Code as if it were a school district.	4144

(12) Arrangements for providing health and other benefits to	4145
employees;	4146

(13) The length of the contract, which shall begin at the	4147
beginning of an academic year. No contract shall exceed five years	4148
unless such contract has been renewed pursuant to division (E) of	4149
this section.	4150

(14) The governing authority of the school, which shall be	4151
responsible for carrying out the provisions of the contract;	4152

(15) A financial plan detailing an estimated school budget	4153
for each year of the period of the contract and specifying the	4154
total estimated per pupil expenditure amount for each such year.	4155
The plan shall specify for each year the base formula amount that	4156
will be used for purposes of funding calculations under section	4157
3314.08 of the Revised Code. This base formula amount for any year	4158
shall not exceed the formula amount defined under section 3317.02	4159
of the Revised Code. The plan may also specify for any year a	4160
percentage figure to be used for reducing the per pupil amount of	4161
the subsidy calculated pursuant to section 3317.029 of the Revised	4162
Code the school is to receive that year under section 3314.08 of	4163
the Revised Code.	4164

(16) Requirements and procedures regarding the disposition of	4165
employees of the school in the event the contract is terminated or	4166
not renewed pursuant to section 3314.07 of the Revised Code;	4167

(17) Whether the school is to be created by converting all or	4168
part of an existing public school or educational service center	4169
building or is to be a new start-up school, and if it is a	4170
converted public school or service center building, specification	4171
of any duties or responsibilities of an employer that the board of	4172
education or service center governing board that operated the	4173
school or building before conversion is delegating to the	4174
governing authority of the community school with respect to all or	4175
any specified group of employees provided the delegation is not	4176
prohibited by a collective bargaining agreement applicable to such	4177
employees;	4178

(18) Provisions establishing procedures for resolving	4179
disputes or differences of opinion between the sponsor and the	4180
governing authority of the community school;	4181

(19) A provision requiring the governing authority to adopt a	4182
policy regarding the admission of students who reside outside the	4183
district in which the school is located. That policy shall comply	4184
with the admissions procedures specified in sections 3314.06 and	4185
3314.061 of the Revised Code and, at the sole discretion of the	4186
authority, shall do one of the following:	4187

(a) Prohibit the enrollment of students who reside outside	4188
the district in which the school is located;	4189

(b) Permit the enrollment of students who reside in districts	4190
adjacent to the district in which the school is located;	4191

(c) Permit the enrollment of students who reside in any other	4192
district in the state.	4193

(20) A provision recognizing the authority of the department	4194
of education to take over the sponsorship of the school in	4195
accordance with the provisions of division (C) of section 3314.015	4196
of the Revised Code;	4197

(21) A provision recognizing the sponsor's authority to	4198
assume the operation of a school under the conditions specified in	4199
division (B) of section 3314.073 of the Revised Code;	4200

(22) A provision recognizing both of the following:

4201

(a) The authority of public health and safety officials to	4202
inspect the facilities of the school and to order the facilities	4203
closed if those officials find that the facilities are not in	4204
compliance with health and safety laws and regulations;	4205

(b) The authority of the department of education as the	4206
community school oversight body to suspend the operation of the	4207
school under section 3314.072 of the Revised Code if the	4208
department has evidence of conditions or violations of law at the	4209
school that pose an imminent danger to the health and safety of	4210
the school's students and employees and the sponsor refuses to	4211
take such action.	4212

(23) A description of the learning opportunities that will be	4213
offered to students including both classroom-based and	4214
non-classroom-based learning opportunities that is in compliance	4215
with criteria for student participation established by the	4216
department under division (L)(2) of section 3314.08 of the Revised	4217
Code;	4218

(24) The school will comply with sections 3302.04 and	4219
3302.041 of the Revised Code, except that any action required to	4220
be taken by a school district pursuant to those sections shall be	4221
taken by the sponsor of the school. However, the sponsor shall not	4222
be required to take any action described in division (F) of	4223
section 3302.04 of the Revised Code.	4224

(25) Beginning in the 2006-2007 school year, the school will	4225
open for operation not later than the thirtieth day of September	4226
each school year, unless the mission of the school as specified	4227
under division (A)(2) of this section is solely to serve dropouts.	4228
In its initial year of operation, if the school fails to open by	4229
the thirtieth day of September, or within one year after the	4230
adoption of the contract pursuant to division (D) of section	4231
3314.02 of the Revised Code if the mission of the school is solely	4232
to serve dropouts, the contract shall be void.	4233

(B) The community school shall also submit to the sponsor a	4234
comprehensive plan for the school. The plan shall specify the	4235
following:	4236

(1) The process by which the governing authority of the	4237
school will be selected in the future;	4238

(2) The management and administration of the school;

4239

(3) If the community school is a currently existing public	4240
school or educational service center building, alternative	4241
arrangements for current public school students who choose not to	4242
attend the converted school and for teachers who choose not to	4243
teach in the school or building after conversion;	4244

(4) The instructional program and educational philosophy of	4245
the school;	4246

(5) Internal financial controls.

4247

(C) A contract entered into under section 3314.02 of the	4248
Revised Code between a sponsor and the governing authority of a	4249
community school may provide for the community school governing	4250
authority to make payments to the sponsor, which is hereby	4251
authorized to receive such payments as set forth in the contract	4252
between the governing authority and the sponsor. The total amount	4253
of such payments for oversight and monitoring of the school shall	4254
not exceed three per cent of the total amount of payments for	4255
operating expenses that the school receives from the state.	4256

(D) The contract shall specify the duties of the sponsor	4257
which shall be in accordance with the written agreement entered	4258
into with the department of education under division (B) of	4259
section 3314.015 of the Revised Code and shall include the	4260
following:	4261

(1) Monitor the community school's compliance with all laws	4262
applicable to the school and with the terms of the contract;	4263

(2) Monitor and evaluate the academic and fiscal performance	4264
and the organization and operation of the community school on at	4265
least an annual basis;	4266

(3) Report on an annual basis the results of the evaluation	4267
conducted under division (D)(2) of this section to the department	4268
of education and to the parents of students enrolled in the	4269
community school;	4270

(4) Provide technical assistance to the community school in	4271
complying with laws applicable to the school and terms of the	4272
contract;	4273

(5) Take steps to intervene in the school's operation to	4274
correct problems in the school's overall performance, declare the	4275
school to be on probationary status pursuant to section 3314.073	4276
of the Revised Code, suspend the operation of the school pursuant	4277
to section 3314.072 of the Revised Code, or terminate the contract	4278
of the school pursuant to section 3314.07 of the Revised Code as	4279
determined necessary by the sponsor;	4280

(6) Have in place a plan of action to be undertaken in the	4281
event the community school experiences financial difficulties or	4282
closes prior to the end of a school year.	4283

(E) Upon the expiration of a contract entered into under this	4284
section, the sponsor of a community school may, with the approval	4285
of the governing authority of the school, renew that contract for	4286
a period of time determined by the sponsor, but not ending earlier	4287
than the end of any school year, if the sponsor finds that the	4288
school's compliance with applicable laws and terms of the contract	4289
and the school's progress in meeting the academic goals prescribed	4290
in the contract have been satisfactory. Any contract that is	4291
renewed under this division remains subject to the provisions of	4292
sections 3314.07, 3314.072, and 3314.073 of the Revised Code.	4293

(F) If a community school fails to open for operation within	4294
one year after the contract entered into under this section is	4295
adopted pursuant to division (D) of section 3314.02 of the Revised	4296
Code or permanently closes prior to the expiration of the	4297
contract, the contract shall be void and the school shall not	4298
enter into a contract with any other sponsor. A school shall not	4299
be considered permanently closed because the operations of the	4300
school have been suspended pursuant to section 3314.072 of the	4301
Revised Code.	4302

Sec. 3314.06. The governing authority of each community	4303
school established under this chapter shall adopt admission	4304
procedures that specify the following:	4305

(A) That, except as otherwise provided in this section,	4306
admission to the school shall be open to any individual age five	4307
to twenty-two entitled to attend school pursuant to section	4308
3313.64 or 3313.65 of the Revised Code in a school district in the	4309
state.	4310

An individual younger than five years of age may be admitted	4311
to the school in accordance with division (A)(2) of section	4312
3321.01 of the Revised Code.	4313

(B)(1) That admission to the school may be limited to	4314
students who have attained a specific grade level or are within a	4315
specific age group; to students that meet a definition of	4316
"at-risk," as defined in the contract; to residents of a specific	4317
geographic area within the district, as defined in the contract;	4318
or to separate groups of autistic students and nondisabled	4319
students, as authorized in section 3314.061 of the Revised Code	4320
and as defined in the contract.	4321

(2) For purposes of division (B)(1) of this section,	4322
"at-risk" students may include those students identified as gifted	4323
students under section 3324.03 of the Revised Code.	4324

(C) Whether enrollment is limited to students who reside in	4325
the district in which the school is located or is open to	4326
residents of other districts, as provided in the policy adopted	4327
pursuant to the contract.	4328

(D)(1) That there will be no discrimination in the admission	4329
of students to the school on the basis of race, creed, color,	4330
disability, or sex except that:	4331

(a) The governing authority may ~~establish single-gender~~	4332
~~schools~~do either of the following for the purpose described in	4333
division (G) of this section:	4334

(i) Establish a single-gender school for either sex;

4335

(ii) Establish single-gender schools for each sex under the	4336
same contract, provided ~~comparable~~substantially equal facilities	4337
and learning opportunities are offered for both boys and girls.	4338
Such ~~comparable~~ facilities and opportunities may be offered for	4339
each sex at separate locations.	4340

(b) The governing authority may establish a school that	4341
simultaneously serves a group of students identified as autistic	4342
and a group of students who are not disabled, as authorized in	4343
section 3314.061 of the Revised Code. However, unless the total	4344
capacity established for the school has been filled, no student	4345
with any disability shall be denied admission on the basis of that	4346
disability.	4347

(2) That upon admission of any student with a disability, the	4348
community school will comply with all federal and state laws	4349
regarding the education of students with disabilities.	4350

(E) That the school may not limit admission to students on	4351
the basis of intellectual ability, measures of achievement or	4352
aptitude, or athletic ability, except that a school may limit its	4353
enrollment to students as described in division (B) of this	4354
section.	4355

(F) That the community school will admit the number of	4356
students that does not exceed the capacity of the school's	4357
programs, classes, grade levels, or facilities.	4358

(G) That the purpose of single-gender schools that are	4359
established shall be to take advantage of the academic benefits	4360
some students realize from single-gender instruction and	4361
facilities and to offer students and parents residing in the	4362
district the option of a single-gender education.	4363

(H) That, except as otherwise provided under division (B) of	4364
this section or section 3314.061 of the Revised Code, if the	4365
number of applicants exceeds the capacity restrictions of division	4366
(F) of this section, students shall be admitted by lot from all	4367
those submitting applications, except preference shall be given to	4368
students attending the school the previous year and to students	4369
who reside in the district in which the school is located.	4370
Preference may be given to siblings of students attending the	4371
school the previous year.	4372

Notwithstanding divisions (A) to (H) of this section, in the	4373
event the racial composition of the enrollment of the community	4374
school is violative of a federal desegregation order, the	4375
community school shall take any and all corrective measures to	4376
comply with the desegregation order.	4377

Sec. 3314.08. The deductions under division (C) and the	4378
payments under division (D) of this section for fiscal years 2012	4379
and 2013 shall be made in accordance with section 3314.088 of the	4380
Revised Code.	4381

(A) As used in this section:

4382

(1) "Base formula amount" means the amount specified as such	4383
in a community school's financial plan for a school year pursuant	4384
to division (A)(15) of section 3314.03 of the Revised Code.	4385

(2) "IEP" has the same meaning as in section 3323.01 of the	4386
Revised Code.	4387

(3) "Applicable special education weight" means the multiple	4388
specified in section 3317.013 of the Revised Code for a disability	4389
described in that section.	4390

(4) "Applicable vocational education weight" means:

4391

(a) For a student enrolled in vocational education programs	4392
or classes described in division (A) of section 3317.014 of the	4393
Revised Code, the multiple specified in that division;	4394

(b) For a student enrolled in vocational education programs	4395
or classes described in division (B) of section 3317.014 of the	4396
Revised Code, the multiple specified in that division.	4397

(5) "Entitled to attend school" means entitled to attend	4398
school in a district under section 3313.64 or 3313.65 of the	4399
Revised Code.	4400

(6) A community school student is "included in the poverty	4401
student count" of a school district if the student is entitled to	4402
attend school in the district and the student's family receives	4403
assistance under the Ohio works first program.	4404

(7) "Poverty-based assistance reduction factor" means the	4405
percentage figure, if any, for reducing the per pupil amount of	4406
poverty-based assistance a community school is entitled to receive	4407
pursuant to divisions (D)(5) to (9) of this section in any year,	4408
as specified in the school's financial plan for the year pursuant	4409
to division (A)(15) of section 3314.03 of the Revised Code.	4410

(8) "All-day kindergarten" has the same meaning as in section	4411
3321.05 of the Revised Code.	4412

(9) "State education aid" has the same meaning as in section	4413
5751.20 of the Revised Code.	4414

(B) The state board of education shall adopt rules requiring	4415
both of the following:	4416

(1) The board of education of each city, exempted village,	4417
and local school district to annually report the number of	4418
students entitled to attend school in the district who are	4419
enrolled in grades one through twelve in a community school	4420
established under this chapter, the number of students entitled to	4421
attend school in the district who are enrolled in kindergarten in	4422
a community school, the number of those kindergartners who are	4423
enrolled in all-day kindergarten in their community school, and	4424
for each child, the community school in which the child is	4425
enrolled.	4426

(2) The governing authority of each community school	4427
established under this chapter to annually report all of the	4428
following:	4429

(a) The number of students enrolled in grades one through	4430
twelve and the number of students enrolled in kindergarten in the	4431
school who are not receiving special education and related	4432
services pursuant to an IEP;	4433

(b) The number of enrolled students in grades one through	4434
twelve and the number of enrolled students in kindergarten, who	4435
are receiving special education and related services pursuant to	4436
an IEP;	4437

(c) The number of students reported under division (B)(2)(b)	4438
of this section receiving special education and related services	4439
pursuant to an IEP for a disability described in each of divisions	4440
(A) to (F) of section 3317.013 of the Revised Code;	4441

(d) The full-time equivalent number of students reported	4442
under divisions (B)(2)(a) and (b) of this section who are enrolled	4443
in vocational education programs or classes described in each of	4444
divisions (A) and (B) of section 3317.014 of the Revised Code that	4445
are provided by the community school;	4446

(e) Twenty per cent of the number of students reported under	4447
divisions (B)(2)(a) and (b) of this section who are not reported	4448
under division (B)(2)(d) of this section but who are enrolled in	4449
vocational education programs or classes described in each of	4450
divisions (A) and (B) of section 3317.014 of the Revised Code at a	4451
joint vocational school district under a contract between the	4452
community school and the joint vocational school district and are	4453
entitled to attend school in a city, local, or exempted village	4454
school district whose territory is part of the territory of the	4455
joint vocational school district;	4456

(f) The number of enrolled preschool children with	4457
disabilities receiving special education services in a	4458
state-funded unit;	4459

(g) The community school's base formula amount;

4460

(h) For each student, the city, exempted village, or local	4461
school district in which the student is entitled to attend school;	4462

(i) Any poverty-based assistance reduction factor that	4463
applies to a school year.	4464

A school district board and a community school governing	4465
authority shall include in their respective reports under division	4466
(B) of this section any child admitted in accordance with division	4467
(A)(2) of section 3321.01 of the Revised Code.	4468

(C) From the state education aid calculated for a city,	4469
exempted village, or local school district and, if necessary, from	4470
the payment made to the district under sections 321.24 and 323.156	4471
of the Revised Code, the department of education shall annually	4472
subtract the sum of the amounts described in divisions (C)(1) to	4473
(9) of this section. However, when deducting payments on behalf of	4474
students enrolled in internet- or computer-based community	4475
schools, the department shall deduct only those amounts described	4476
in divisions (C)(1) and (2) of this section. Furthermore, the	4477
aggregate amount deducted under this division shall not exceed the	4478
sum of the district's state education aid and its payment under	4479
sections 321.24 and 323.156 of the Revised Code.	4480

(1) An amount equal to the sum of the amounts obtained when,	4481
for each community school where the district's students are	4482
enrolled, the number of the district's students reported under	4483
divisions (B)(2)(a), (b), and (e) of this section who are enrolled	4484
in grades one through twelve, and one-half the number of students	4485
reported under those divisions who are enrolled in kindergarten,	4486
in that community school is multiplied by the sum of the base	4487
formula amount of that community school plus the per pupil amount	4488
of the base funding supplements specified in divisions (C)(1) to	4489
(4) of section 3317.012 of the Revised Code.	4490

(2) The sum of the amounts calculated under divisions	4491
(C)(2)(a) and (b) of this section:	4492

(a) For each of the district's students reported under	4493
division (B)(2)(c) of this section as enrolled in a community	4494
school in grades one through twelve and receiving special	4495
education and related services pursuant to an IEP for a disability	4496
described in section 3317.013 of the Revised Code, the product of	4497
the applicable special education weight times the community	4498
school's base formula amount;	4499

(b) For each of the district's students reported under	4500
division (B)(2)(c) of this section as enrolled in kindergarten in	4501
a community school and receiving special education and related	4502
services pursuant to an IEP for a disability described in section	4503
3317.013 of the Revised Code, one-half of the amount calculated as	4504
prescribed in division (C)(2)(a) of this section.	4505

(3) For each of the district's students reported under	4506
division (B)(2)(d) of this section for whom payment is made under	4507
division (D)(4) of this section, the amount of that payment;	4508

(4) An amount equal to the sum of the amounts obtained when,	4509
for each community school where the district's students are	4510
enrolled, the number of the district's students enrolled in that	4511
community school who are included in the district's poverty	4512
student count is multiplied by the per pupil amount of	4513
poverty-based assistance the school district receives that year	4514
pursuant to division (C) of section 3317.029 of the Revised Code,	4515
as adjusted by any poverty-based assistance reduction factor of	4516
that community school. The per pupil amount of that aid for the	4517
district shall be calculated by the department.	4518

(5) An amount equal to the sum of the amounts obtained when,	4519
for each community school where the district's students are	4520
enrolled, the district's per pupil amount of aid received under	4521
division (E) of section 3317.029 of the Revised Code, as adjusted	4522
by any poverty-based assistance reduction factor of the community	4523
school, is multiplied by the sum of the following:	4524

(a) The number of the district's students reported under	4525
division (B)(2)(a) of this section who are enrolled in grades one	4526
to three in that community school and who are not receiving	4527
special education and related services pursuant to an IEP;	4528

(b) One-half of the district's students who are enrolled in	4529
all-day or any other kindergarten class in that community school	4530
and who are not receiving special education and related services	4531
pursuant to an IEP;	4532

(c) One-half of the district's students who are enrolled in	4533
all-day kindergarten in that community school and who are not	4534
receiving special education and related services pursuant to an	4535
IEP.	4536

The district's per pupil amount of aid under division (E) of	4537
section 3317.029 of the Revised Code is the quotient of the amount	4538
the district received under that division divided by the	4539
district's kindergarten through third grade ADM, as defined in	4540
that section.	4541

(6) An amount equal to the sum of the amounts obtained when,	4542
for each community school where the district's students are	4543
enrolled, the district's per pupil amount received under division	4544
(F) of section 3317.029 of the Revised Code, as adjusted by any	4545
poverty-based assistance reduction factor of that community	4546
school, is multiplied by the number of the district's students	4547
enrolled in the community school who are identified as	4548
limited-English proficient.	4549

(7) An amount equal to the sum of the amounts obtained when,	4550
for each community school where the district's students are	4551
enrolled, the district's per pupil amount received under division	4552
(G) of section 3317.029 of the Revised Code, as adjusted by any	4553
poverty-based assistance reduction factor of that community	4554
school, is multiplied by the sum of the following:	4555

(a) The number of the district's students enrolled in grades	4556
one through twelve in that community school;	4557

(b) One-half of the number of the district's students	4558
enrolled in kindergarten in that community school.	4559

The district's per pupil amount under division (G) of section	4560
3317.029 of the Revised Code is the district's amount per teacher	4561
calculated under division (G)(1) or (2) of that section divided by	4562
17.	4563

(8) An amount equal to the sum of the amounts obtained when,	4564
for each community school where the district's students are	4565
enrolled, the district's per pupil amount received under divisions	4566
(H) and (I) of section 3317.029 of the Revised Code, as adjusted	4567
by any poverty-based assistance reduction factor of that community	4568
school, is multiplied by the sum of the following:	4569

(a) The number of the district's students enrolled in grades	4570
one through twelve in that community school;	4571

(b) One-half of the number of the district's students	4572
enrolled in kindergarten in that community school.	4573

The district's per pupil amount under divisions (H) and (I)	4574
of section 3317.029 of the Revised Code is the amount calculated	4575
under each division divided by the district's formula ADM, as	4576
defined in section 3317.02 of the Revised Code.	4577

(9) An amount equal to the per pupil state parity aid funding	4578
calculated for the school district under either division (C) or	4579
(D) of section 3317.0217 of the Revised Code multiplied by the sum	4580
of the number of students in grades one through twelve, and	4581
one-half of the number of students in kindergarten, who are	4582
entitled to attend school in the district and are enrolled in a	4583
community school as reported under division (B)(1) of this	4584
section.	4585

(D) The department shall annually pay to a community school	4586
established under this chapter the sum of the amounts described in	4587
divisions (D)(1) to (10) of this section. However, the department	4588
shall calculate and pay to each internet- or computer-based	4589
community school only the amounts described in divisions (D)(1) to	4590
(3) of this section. Furthermore, the sum of the payments to all	4591
community schools under divisions (D)(1), (2), and (4) to (10) of	4592
this section for the students entitled to attend school in any	4593
particular school district shall not exceed the sum of that	4594
district's state education aid and its payment under sections	4595
321.24 and 323.156 of the Revised Code. If the sum of the payments	4596
calculated under those divisions for the students entitled to	4597
attend school in a particular school district exceeds the sum of	4598
that district's state education aid and its payment under sections	4599
321.24 and 323.156 of the Revised Code, the department shall	4600
calculate and apply a proration factor to the payments to all	4601
community schools under those divisions for the students entitled	4602
to attend school in that district.	4603

(1) An amount equal to the sum of the amounts obtained when	4604
the number of students enrolled in grades one through twelve, plus	4605
one-half of the kindergarten students in the school, reported	4606
under divisions (B)(2)(a), (b), and (e) of this section who are	4607
not receiving special education and related services pursuant to	4608
an IEP for a disability described in section 3317.013 of the	4609
Revised Code is multiplied by the sum of the community school's	4610
base formula amount plus the per pupil amount of the base funding	4611
supplements specified in divisions (C)(1) to (4) of section	4612
3317.012 of the Revised Code.	4613

(2) The sum of the following amounts:

4614

(a) For each student reported under division (B)(2)(c) of	4615
this section as enrolled in the school in grades one through	4616
twelve and receiving special education and related services	4617
pursuant to an IEP for a disability described in section 3317.013	4618
of the Revised Code, the following amount:	4619

(the school's base formula amount plus	4620

the per pupil amount of the base funding supplements specified in	4621

divisions (C)(1) to (4) of section 3317.012 of the Revised Code)	4622

+ (the applicable special education weight X the	4623

community school's base formula amount);	4624

(b) For each student reported under division (B)(2)(c) of	4625
this section as enrolled in kindergarten and receiving special	4626
education and related services pursuant to an IEP for a disability	4627
described in section 3317.013 of the Revised Code, one-half of the	4628
amount calculated under the formula prescribed in division	4629
(D)(2)(a) of this section.	4630

(3) An amount received from federal funds to provide special	4631
education and related services to students in the community	4632
school, as determined by the superintendent of public instruction.	4633

(4) For each student reported under division (B)(2)(d) of	4634
this section as enrolled in vocational education programs or	4635
classes that are described in section 3317.014 of the Revised	4636
Code, are provided by the community school, and are comparable as	4637
determined by the superintendent of public instruction to school	4638
district vocational education programs and classes eligible for	4639
state weighted funding under section 3317.014 of the Revised Code,	4640
an amount equal to the applicable vocational education weight	4641
times the community school's base formula amount times the	4642
percentage of time the student spends in the vocational education	4643
programs or classes.	4644

(5) An amount equal to the sum of the amounts obtained when,	4645
for each school district where the community school's students are	4646
entitled to attend school, the number of that district's students	4647
enrolled in the community school who are included in the	4648
district's poverty student count is multiplied by the per pupil	4649
amount of poverty-based assistance that school district receives	4650
that year pursuant to division (C) of section 3317.029 of the	4651
Revised Code, as adjusted by any poverty-based assistance	4652
reduction factor of the community school. The per pupil amount of	4653
aid shall be determined as described in division (C)(4) of this	4654
section.	4655

(6) An amount equal to the sum of the amounts obtained when,	4656
for each school district where the community school's students are	4657
entitled to attend school, the district's per pupil amount of aid	4658
received under division (E) of section 3317.029 of the Revised	4659
Code, as adjusted by any poverty-based assistance reduction factor	4660
of the community school, is multiplied by the sum of the	4661
following:	4662

(a) The number of the district's students reported under	4663
division (B)(2)(a) of this section who are enrolled in grades one	4664
to three in that community school and who are not receiving	4665
special education and related services pursuant to an IEP;	4666

(b) One-half of the district's students who are enrolled in	4667
all-day or any other kindergarten class in that community school	4668
and who are not receiving special education and related services	4669
pursuant to an IEP;	4670

(c) One-half of the district's students who are enrolled in	4671
all-day kindergarten in that community school and who are not	4672
receiving special education and related services pursuant to an	4673
IEP.	4674

The district's per pupil amount of aid under division (E) of	4675
section 3317.029 of the Revised Code shall be determined as	4676
described in division (C)(5) of this section.	4677

(7) An amount equal to the sum of the amounts obtained when,	4678
for each school district where the community school's students are	4679
entitled to attend school, the number of that district's students	4680
enrolled in the community school who are identified as	4681
limited-English proficient is multiplied by the district's per	4682
pupil amount received under division (F) of section 3317.029 of	4683
the Revised Code, as adjusted by any poverty-based assistance	4684
reduction factor of the community school.	4685

(8) An amount equal to the sum of the amounts obtained when,	4686
for each school district where the community school's students are	4687
entitled to attend school, the district's per pupil amount	4688
received under division (G) of section 3317.029 of the Revised	4689
Code, as adjusted by any poverty-based assistance reduction factor	4690
of the community school, is multiplied by the sum of the	4691
following:	4692

(a) The number of the district's students enrolled in grades	4693
one through twelve in that community school;	4694

(b) One-half of the number of the district's students	4695
enrolled in kindergarten in that community school.	4696

The district's per pupil amount under division (G) of section	4697
3317.029 of the Revised Code shall be determined as described in	4698
division (C)(7) of this section.	4699

(9) An amount equal to the sum of the amounts obtained when,	4700
for each school district where the community school's students are	4701
entitled to attend school, the district's per pupil amount	4702
received under divisions (H) and (I) of section 3317.029 of the	4703
Revised Code, as adjusted by any poverty-based assistance	4704
reduction factor of the community school, is multiplied by the sum	4705
of the following:	4706

(a) The number of the district's students enrolled in grades	4707
one through twelve in that community school;	4708

(b) One-half of the number of the district's students	4709
enrolled in kindergarten in that community school.	4710

The district's per pupil amount under divisions (H) and (I)	4711
of section 3317.029 of the Revised Code shall be determined as	4712
described in division (C)(8) of this section.	4713

(10) An amount equal to the sum of the amounts obtained when,	4714
for each school district where the community school's students are	4715
entitled to attend school, the district's per pupil amount of	4716
state parity aid funding calculated under either division (C) or	4717
(D) of section 3317.0217 of the Revised Code is multiplied by the	4718
sum of the number of that district's students enrolled in grades	4719
one through twelve, and one-half of the number of that district's	4720
students enrolled in kindergarten, in the community school as	4721
reported under divisions (B)(2)(a) and (b) of this section.	4722

(E)(1) If a community school's costs for a fiscal year for a	4723
student receiving special education and related services pursuant	4724
to an IEP for a disability described in divisions (B) to (F) of	4725
section 3317.013 of the Revised Code exceed the threshold	4726
catastrophic cost for serving the student as specified in division	4727
(C)(3)(b) of section 3317.022 of the Revised Code, the school may	4728
submit to the superintendent of public instruction documentation,	4729
as prescribed by the superintendent, of all its costs for that	4730
student. Upon submission of documentation for a student of the	4731
type and in the manner prescribed, the department shall pay to the	4732
community school an amount equal to the school's costs for the	4733
student in excess of the threshold catastrophic costs.	4734

(2) The community school shall only report under division	4735
(E)(1) of this section, and the department shall only pay for, the	4736
costs of educational expenses and the related services provided to	4737
the student in accordance with the student's individualized	4738
education program. Any legal fees, court costs, or other costs	4739
associated with any cause of action relating to the student may	4740
not be included in the amount.	4741

(F) A community school may apply to the department of	4742
education for preschool children with disabilities unit funding	4743
the school would receive if it were a school district. Upon	4744
request of its governing authority, a community school that	4745
received such unit funding as a school district-operated school	4746
before it became a community school shall retain any units awarded	4747
to it as a school district-operated school provided the school	4748
continues to meet eligibility standards for the unit.	4749

A community school shall be considered a school district and	4750
its governing authority shall be considered a board of education	4751
for the purpose of applying to any state or federal agency for	4752
grants that a school district may receive under federal or state	4753
law or any appropriations act of the general assembly. The	4754
governing authority of a community school may apply to any private	4755
entity for additional funds.	4756

(G) A board of education sponsoring a community school may	4757
utilize local funds to make enhancement grants to the school or	4758
may agree, either as part of the contract or separately, to	4759
provide any specific services to the community school at no cost	4760
to the school.	4761

(H) A community school may not levy taxes or issue bonds	4762
secured by tax revenues.	4763

(I) No community school shall charge tuition for the	4764
enrollment of any student.	4765

(J)(1)(a) A community school may borrow money to pay any	4766
necessary and actual expenses of the school in anticipation of the	4767
receipt of any portion of the payments to be received by the	4768
school pursuant to division (D) of this section. The school may	4769
issue notes to evidence such borrowing. The proceeds of the notes	4770
shall be used only for the purposes for which the anticipated	4771
receipts may be lawfully expended by the school.	4772

(b) A school may also borrow money for a term not to exceed	4773
fifteen years for the purpose of acquiring facilities.	4774

(2) Except for any amount guaranteed under section 3318.50 of	4775
the Revised Code, the state is not liable for debt incurred by the	4776
governing authority of a community school.	4777

(K) For purposes of determining the number of students for	4778
which divisions (D)(5) and (6) of this section applies in any	4779
school year, a community school may submit to the department of	4780
job and family services, no later than the first day of March, a	4781
list of the students enrolled in the school. For each student on	4782
the list, the community school shall indicate the student's name,	4783
address, and date of birth and the school district where the	4784
student is entitled to attend school. Upon receipt of a list under	4785
this division, the department of job and family services shall	4786
determine, for each school district where one or more students on	4787
the list is entitled to attend school, the number of students	4788
residing in that school district who were included in the	4789
department's report under section 3317.10 of the Revised Code. The	4790
department shall make this determination on the basis of	4791
information readily available to it. Upon making this	4792
determination and no later than ninety days after submission of	4793
the list by the community school, the department shall report to	4794
the state department of education the number of students on the	4795
list who reside in each school district who were included in the	4796
department's report under section 3317.10 of the Revised Code. In	4797
complying with this division, the department of job and family	4798
services shall not report to the state department of education any	4799
personally identifiable information on any student.	4800

(L) The department of education shall adjust the amounts	4801
subtracted and paid under divisions (C) and (D) of this section to	4802
reflect any enrollment of students in community schools for less	4803
than the equivalent of a full school year. The state board of	4804
education within ninety days after April 8, 2003, shall adopt in	4805
accordance with Chapter 119. of the Revised Code rules governing	4806
the payments to community schools under this section and section	4807
3314.13 of the Revised Code including initial payments in a school	4808
year and adjustments and reductions made in subsequent periodic	4809
payments to community schools and corresponding deductions from	4810
school district accounts as provided under divisions (C) and (D)	4811
of this section and section 3314.13 of the Revised Code. For	4812
purposes of this section and section 3314.13 of the Revised Code:	4813

(1) A student shall be considered enrolled in the community	4814
school for any portion of the school year the student is	4815
participating at a college under Chapter 3365. of the Revised	4816
Code.	4817

(2) A student shall be considered to be enrolled in a	4818
community school for the period of time beginning on the later of	4819
the date on which the school both has received documentation of	4820
the student's enrollment from a parent and the student has	4821
commenced participation in learning opportunities as defined in	4822
the contract with the sponsor, or thirty days prior to the date on	4823
which the student is entered into the education management	4824
information system established under section 3301.0714 of the	4825
Revised Code. For purposes of applying this division and divisions	4826
(L)(3) and (4) of this section to a community school student,	4827
"learning opportunities" shall be defined in the contract, which	4828
shall describe both classroom-based and non-classroom-based	4829
learning opportunities and shall be in compliance with criteria	4830
and documentation requirements for student participation which	4831
shall be established by the department. Any student's instruction	4832
time in non-classroom-based learning opportunities shall be	4833
certified by an employee of the community school. A student's	4834
enrollment shall be considered to cease on the date on which any	4835
of the following occur:	4836

(a) The community school receives documentation from a parent	4837
terminating enrollment of the student.	4838

(b) The community school is provided documentation of a	4839
student's enrollment in another public or private school.	4840

(c) The community school ceases to offer learning	4841
opportunities to the student pursuant to the terms of the contract	4842
with the sponsor or the operation of any provision of this	4843
chapter.	4844

Except as otherwise specified in this paragraph, beginning in	4845
the 2011-2012 school year, any student who completed the prior	4846
school year in an internet- or computer-based community school	4847
shall be considered to be enrolled in the same school in the	4848
subsequent school year until the student's enrollment has ceased	4849
as specified in division (L)(2) of this section. The department	4850
shall continue subtracting and paying amounts for the student	4851
under divisions (C) and (D) of this section without interruption	4852
at the start of the subsequent school year. However, if the	4853
student without a legitimate excuse fails to participate in the	4854
first one hundred five consecutive hours of learning opportunities	4855
offered to the student in that subsequent school year, the student	4856
shall be considered not to have re-enrolled in the school for that	4857
school year and the department shall recalculate the payments to	4858
the school for that school year to account for the fact that the	4859
student is not enrolled.	4860

(3) The department shall determine each community school	4861
student's percentage of full-time equivalency based on the	4862
percentage of learning opportunities offered by the community	4863
school to that student, reported either as number of hours or	4864
number of days, is of the total learning opportunities offered by	4865
the community school to a student who attends for the school's	4866
entire school year. However, no internet- or computer-based	4867
community school shall be credited for any time a student spends	4868
participating in learning opportunities beyond ten hours within	4869
any period of twenty-four consecutive hours. Whether it reports	4870
hours or days of learning opportunities, each community school	4871
shall offer not less than nine hundred twenty hours of learning	4872
opportunities during the school year.	4873

(4) With respect to the calculation of full-time equivalency	4874
under division (L)(3) of this section, the department shall waive	4875
the number of hours or days of learning opportunities not offered	4876
to a student because the community school was closed during the	4877
school year due to disease epidemic, hazardous weather conditions,	4878
law enforcement emergencies, inoperability of school buses or	4879
other equipment necessary to the school's operation, damage to a	4880
school building, or other temporary circumstances due to utility	4881
failure rendering the school building unfit for school use, so	4882
long as the school was actually open for instruction with students	4883
in attendance during that school year for not less than the	4884
minimum number of hours required by this chapter. The department	4885
shall treat the school as if it were open for instruction with	4886
students in attendance during the hours or days waived under this	4887
division.	4888

(M) The department of education shall reduce the amounts paid	4889
under division (D) of this section to reflect payments made to	4890
colleges under division (B) of section 3365.07 of the Revised Code	4891
or through alternative funding agreements entered into under rules	4892
adopted under section 3365.12 of the Revised Code.	4893

(N)(1) No student shall be considered enrolled in any	4894
internet- or computer-based community school or, if applicable to	4895
the student, in any community school that is required to provide	4896
the student with a computer pursuant to division (C) of section	4897
3314.22 of the Revised Code, unless both of the following	4898
conditions are satisfied:	4899

(a) The student possesses or has been provided with all	4900
required hardware and software materials and all such materials	4901
are operational so that the student is capable of fully	4902
participating in the learning opportunities specified in the	4903
contract between the school and the school's sponsor as required	4904
by division (A)(23) of section 3314.03 of the Revised Code;	4905

(b) The school is in compliance with division (A) of section	4906
3314.22 of the Revised Code, relative to such student.	4907

(2) In accordance with policies adopted jointly by the	4908
superintendent of public instruction and the auditor of state, the	4909
department shall reduce the amounts otherwise payable under	4910
division (D) of this section to any community school that includes	4911
in its program the provision of computer hardware and software	4912
materials to any student, if such hardware and software materials	4913
have not been delivered, installed, and activated for each such	4914
student in a timely manner or other educational materials or	4915
services have not been provided according to the contract between	4916
the individual community school and its sponsor.	4917

The superintendent of public instruction and the auditor of	4918
state shall jointly establish a method for auditing any community	4919
school to which this division pertains to ensure compliance with	4920
this section.	4921

The superintendent, auditor of state, and the governor shall	4922
jointly make recommendations to the general assembly for	4923
legislative changes that may be required to assure fiscal and	4924
academic accountability for such schools.	4925

(O)(1) If the department determines that a review of a	4926
community school's enrollment is necessary, such review shall be	4927
completed and written notice of the findings shall be provided to	4928
the governing authority of the community school and its sponsor	4929
within ninety days of the end of the community school's fiscal	4930
year, unless extended for a period not to exceed thirty additional	4931
days for one of the following reasons:	4932

(a) The department and the community school mutually agree to	4933
the extension.	4934

(b) Delays in data submission caused by either a community	4935
school or its sponsor.	4936

(2) If the review results in a finding that additional	4937
funding is owed to the school, such payment shall be made within	4938
thirty days of the written notice. If the review results in a	4939
finding that the community school owes moneys to the state, the	4940
following procedure shall apply:	4941

(a) Within ten business days of the receipt of the notice of	4942
findings, the community school may appeal the department's	4943
determination to the state board of education or its designee.	4944

(b) The board or its designee shall conduct an informal	4945
hearing on the matter within thirty days of receipt of such an	4946
appeal and shall issue a decision within fifteen days of the	4947
conclusion of the hearing.	4948

(c) If the board has enlisted a designee to conduct the	4949
hearing, the designee shall certify its decision to the board. The	4950
board may accept the decision of the designee or may reject the	4951
decision of the designee and issue its own decision on the matter.	4952

(d) Any decision made by the board under this division is	4953
final.	4954

(3) If it is decided that the community school owes moneys to	4955
the state, the department shall deduct such amount from the	4956
school's future payments in accordance with guidelines issued by	4957
the superintendent of public instruction.	4958

(P) The department shall not subtract from a school	4959
district's state aid account under division (C) of this section	4960
and shall not pay to a community school under division (D) of this	4961
section any amount for any of the following:	4962

(1) Any student who has graduated from the twelfth grade of a	4963
public or nonpublic high school;	4964

(2) Any student who is not a resident of the state;

4965

(3) Any student who was enrolled in the community school	4966
during the previous school year when assessments were administered	4967
under section 3301.0711 of the Revised Code but did not take one	4968
or more of the assessments required by that section and was not	4969
excused pursuant to division (C)(1) or (3) of that section, unless	4970
the superintendent of public instruction grants the student a	4971
waiver from the requirement to take the assessment and a parent is	4972
not paying tuition for the student pursuant to section 3314.26 of	4973
the Revised Code. The superintendent may grant a waiver only for	4974
good cause in accordance with rules adopted by the state board of	4975
education.	4976

(4) Any student who has attained the age of twenty-two years,	4977
except for veterans of the armed services whose attendance was	4978
interrupted before completing the recognized twelve-year course of	4979
the public schools by reason of induction or enlistment in the	4980
armed forces and who apply for enrollment in a community school	4981
not later than four years after termination of war or their	4982
honorable discharge. If, however, any such veteran elects to	4983
enroll in special courses organized for veterans for whom tuition	4984
is paid under federal law, or otherwise, the department shall not	4985
subtract from a school district's state aid account under division	4986
(C) of this section and shall not pay to a community school under	4987
division (D) of this section any amount for that veteran.	4988

Sec. 3314.11. (A) The board of education of each city,	4989
exempted village, and local school district monthly shall review	4990
enrollment for students enrolled in community schools established	4991
under this chapter and entitled to attend school in the district	4992
under section 3313.64 or 3313.65 of the Revised Code. For each	4993
student, the district shall verify to the department of education	4994
both of the following:	4995

(1) The community school in which the student is enrolled;

4996

(2) That the student is entitled to attend school in the	4997
district under section 3313.64 or 3313.65 of the Revised Code.	4998

(B) For purposes of its initial reporting of the school	4999
districts its students are entitled to attend, the governing	5000
authority of a community school may adopt a policy that prescribes	5001
the number of documents listed in division (E) of this section	5002
required to verify a student's residency. This policy, if adopted,	5003
shall supersede any policy concerning the number of documents for	5004
initial residency verification adopted by the district the student	5005
is entitled to attend. If a community school does not adopt a	5006
policy under this division, the policy of the school district in	5007
which the student is entitled to attend shall prevail.	5008

(C) In making the determinations under this section, the	5009
school district in which a parent or child resides is the location	5010
the parent or student has established as the primary residence and	5011
where substantial family activity takes place.	5012

(D) If a district's determination under division (A) of this	5013
section of the school district a student is entitled to attend	5014
under section 3313.64 or 3313.65 of the Revised Code differs from	5015
a community school's determination under division (B) of this	5016
section, the community school shall provide the school district	5017
that made the determination under division (A) of this section	5018
with documentation of the student's residency and shall make a	5019
good faith effort to accurately identify the correct residence of	5020
the student.	5021

(E) For purposes of this section, the following documents may	5022
serve as evidence of primary residence:	5023

(1) A deed, mortgage, lease, current home owner's or renter's	5024
insurance declaration page, or current real property tax bill;	5025

(2) A utility bill or receipt of utility installation issued	5026
within ninety days of enrollment;	5027

(3) A paycheck or paystub issued to the parent or student	5028
within ninety days of the date of enrollment that includes the	5029
address of the parent's or student's primary residence;	5030

(4) The most current available bank statement issued to the	5031
parent or student that includes the address of the parent's or	5032
student's primary residence;	5033

(5) Any other official document issued to the parent or	5034
student that includes the address of the parent's or student's	5035
primary residence. The superintendent of public instruction shall	5036
develop guidelines for determining what qualifies as an "official	5037
document" under this division.	5038

(F) When a student loses permanent housing and becomes a	5039
homeless child or youth, as defined in 42 U.S.C. 11434a, or when a	5040
child who is such a homeless child or youth changes temporary	5041
living arrangements, the district in which the student is entitled	5042
to attend school shall be determined in accordance with division	5043
(F)(13) of section 3313.64 of the Revised Code and the	5044
"McKinney-Vento Homeless Assistance Act," 42 U.S.C. 11431 et seq.	5045

(G) In the event of a disagreement as to which school	5046
district a student is entitled to attend, the community school,	5047
after complying with division (D) of this section, but not more	5048
than sixty days after the monthly deadline established by the	5049
department of education for reporting of community school	5050
enrollment, may present the matter to the superintendent of public	5051
instruction. Not later than thirty days after the community school	5052
presents the matter, the state superintendent, or the state	5053
superintendent's designee, shall determine which district the	5054
student is entitled to attend and shall direct any necessary	5055
adjustments to payments and deductions under sections 3314.08 and	5056
3314.13 of the Revised Code based on that determination.	5057

Sec. 3314.15. The governing authority of a community school,	5058
other than an internet- or computer-based community school, may	5059
screen students for body mass index and weight status category. If	5060
a governing authority elects to require the screenings, it shall	5061
comply with section 3313.674 of the Revised Code in the same	5062
manner required of a school district board of education.	5063

Sec. 3314.17. (A) Each community school established under	5064
this chapter shall participate in the statewide education	5065
management information system established under section 3301.0714	5066
of the Revised Code. All provisions of that section and the rules	5067
adopted under that section apply to each community school as if it	5068
were a school district, except as modified for community schools	5069
under division (B) of this section. Each community school shall	5070
comply with division ~~(B)~~(C) of section 3301.0723 of the Revised	5071
Code.	5072

(B) The rules adopted by the state board of education under	5073
section 3301.0714 of the Revised Code may distinguish methods and	5074
timelines for community schools to annually report data, which	5075
methods and timelines differ from those prescribed for school	5076
districts. Any methods and timelines prescribed for community	5077
schools shall be appropriate to the academic schedule and	5078
financing of community schools. The guidelines, however, shall not	5079
modify the actual data required to be reported under that section.	5080

(C) Each fiscal officer appointed under section 3314.011 of	5081
the Revised Code is responsible for annually reporting the	5082
community school's data under section 3301.0714 of the Revised	5083
Code. If the superintendent of public instruction determines that	5084
a community school fiscal officer has willfully failed to report	5085
data or has willfully reported erroneous, inaccurate, or	5086
incomplete data in any year, or has negligently reported	5087
erroneous, inaccurate, or incomplete data in the current and any	5088
previous year, the superintendent may impose a civil penalty of	5089
one hundred dollars on the fiscal officer after providing the	5090
officer with notice and an opportunity for a hearing in accordance	5091
with Chapter 119. of the Revised Code. The superintendent's	5092
authority to impose civil penalties under this division does not	5093
preclude the state board of education from suspending or revoking	5094
the license of a community school employee under division (N) of	5095
section 3301.0714 of the Revised Code.	5096

(D) No community school shall acquire, change, or update its	5097
student administration software package to manage and report data	5098
required to be reported to the department unless it converts to a	5099
student software package that is certified by the department.	5100

Sec. 3314.18. (A) Subject to division (C) of this section,	5101
the governing authority of each community school shall establish a	5102
breakfast program pursuant to the "National School Lunch Act," 60	5103
Stat. 230 (1946), 42 U.S.C. 1751, as amended, and the "Child	5104
Nutrition Act of 1966," 80 Stat. 885, 42 U.S.C. 1771, as amended,	5105
if at least one-fifth of the pupils in the school are eligible	5106
under federal requirements for free breakfasts, and shall	5107
establish a lunch program pursuant to those acts if at least	5108
one-fifth of the pupils are eligible for free lunches. The	5109
governing authority required to establish a breakfast program	5110
under this division may make a charge in accordance with federal	5111
requirements for each reduced price breakfast or paid breakfast to	5112
cover the cost incurred in providing that meal.	5113

(B) Subject to division (C) of this section, the governing	5114
authority of each community school shall establish one of the	5115
following for summer intervention services described in division	5116
(D) of section 3301.0711 ~~and~~or provided under section 3313.608 of	5117
the Revised Code, and any other summer intervention program	5118
required by law:	5119

(1) An extension of the school breakfast program pursuant to	5120
the "National School Lunch Act" and the "Child Nutrition Act of	5121
1966";	5122

(2) An extension of the school lunch program pursuant to	5123
those acts;	5124

(3) A summer food service program pursuant to those acts.

5125

(C) If the governing authority of a community school	5126
determines that, for financial reasons, it cannot comply with	5127
division (A) or (B) of this section, the governing authority may	5128
choose not to comply with either or both divisions. In that case,	5129
the governing authority shall communicate to the parents of its	5130
students, in the manner it determines appropriate, its decision	5131
not to comply.	5132

(D) The governing authority of each community school required	5133
to establish a school breakfast, school lunch, or summer food	5134
service program under this section shall apply for state and	5135
federal funds allocated by the state board of education under	5136
division (B) of section 3313.813 of the Revised Code and shall	5137
comply with the state board's standards adopted under that	5138
division.	5139

(E) The governing authority of any community school required	5140
to establish a breakfast program under this section or that elects	5141
to participate in a breakfast program pursuant to the "National	5142
School Lunch Act" and the "Child Nutrition Act of 1966" may offer	5143
breakfast to pupils in their classrooms during the school day.	5144

(F) Notwithstanding anything in this section to the contrary,	5145
in each fiscal year in which the general assembly appropriates	5146
funds for purposes of this division, the governing authority of	5147
each community school required to establish a breakfast program	5148
under this section or that elects to participate in a breakfast	5149
program pursuant to the "National School Lunch Act" and the "Child	5150
Nutrition Act of 1966" shall provide a breakfast free of charge to	5151
each pupil who is eligible under federal requirements for a	5152
reduced price breakfast.	5153

(G) This section does not apply to internet- or	5154
computer-based community schools.	5155

Sec. 3314.35. (A)(1) Except as provided in division (A)(3)	5156
of this section, this section applies to any community school that	5157
meets one of the following criteria after July 1, 2009, but before	5158
July 1, 2011:	5159

(a) The school does not offer a grade level higher than three	5160
and has been declared to be in a state of academic emergency under	5161
section 3302.03 of the Revised Code for three of the four most	5162
recent school years.	5163

(b) The school satisfies all of the following conditions:

5164

(i) The school offers any of grade levels four to eight but	5165
does not offer a grade level higher than nine.	5166

(ii) The school has been declared to be in a state of	5167
academic emergency under section 3302.03 of the Revised Code for	5168
two of the three most recent school years.	5169

(iii) In at least two of the three most recent school years,	5170
the school showed less than one standard year of academic growth	5171
in either reading or mathematics, as determined by the department	5172
of education in accordance with rules adopted under division (A)	5173
of section 3302.021 of the Revised Code.	5174

(c) The school offers any of grade levels ten to twelve and	5175
has been declared to be in a state of academic emergency under	5176
section 3302.03 of the Revised Code for three of the four most	5177
recent school years.	5178

(2) Except as provided in division (A)(3) of this section,	5179
this section applies to any community school that meets one of the	5180
following criteria after July 1, 2011:	5181

(a) The school does not offer a grade level higher than three	5182
and has been declared to be in a state of academic emergency under	5183
section 3302.03 of the Revised Code for two of the three most	5184
recent school years.	5185

(b) The school satisfies all of the following conditions:

5186

(i) The school offers any of grade levels four to eight but	5187
does not offer a grade level higher than nine.	5188

(ii) The school has been declared to be in a state of	5189
academic emergency under section 3302.03 of the Revised Code for	5190
two of the three most recent school years.	5191

(iii) In at least two of the three most recent school years,	5192
the school showed less than one standard year of academic growth	5193
in either reading or mathematics, as determined by the department	5194
in accordance with rules adopted under division (A) of section	5195
3302.021 of the Revised Code.	5196

(c) The school offers any of grade levels ten to twelve and	5197
has been declared to be in a state of academic emergency under	5198
section 3302.03 of the Revised Code for two of the three most	5199
recent school years.	5200

(3) This section does not apply to either of the following:

5201

(a) Any community school in which a majority of the students	5202
are enrolled in a dropout prevention and recovery program that is	5203
operated by the school and that has been granted a waiver under	5204
section 3314.36 of the Revised Code;	5205

(b) Any community school in which a majority of the enrolled	5206
students are children with disabilities receiving special	5207
education and related services in accordance with Chapter 3323. of	5208
the Revised Code.	5209

(B) Any community school to which this section applies shall	5210
permanently close at the conclusion of the school year in which	5211
the school first becomes subject to this section. The sponsor and	5212
governing authority of the school shall comply with all procedures	5213
for closing a community school adopted by the department under	5214
division (E) of section 3314.015 of the Revised Code. The	5215
governing authority of the school shall not enter into a contract	5216
with any other sponsor under section 3314.03 of the Revised Code	5217
after the school closes.	5218

(C) In accordance with division (B) of section 3314.012 of	5219
the Revised Code, the department shall not consider the	5220
performance ratings assigned to a community school for its first	5221
two years of operation when determining whether the school meets	5222
the criteria prescribed by division (A)(1) or (2) of this section.	5223

(D) Notwithstanding division (A)(3)(a) of this section, if,	5224
by March 31, 2013, the general assembly does not enact for	5225
community schools described in that division performance	5226
standards, a report card rating system, and criteria for closure,	5227
those schools shall be required to permanently close upon meeting	5228
the criteria prescribed in division (A)(2) of this section, except	5229
that, subject to division (C) of this section, only the	5230
performance ratings issued for the 2012-2013 school year and later	5231
shall count in determining if the criteria are met.	5232

Sec. 3314.36. (A) ~~Section~~Except as otherwise provided in	5233
division (D) of section 3314.35 of the Revised Code, that section	5234
does not apply to any community school in which a majority of the	5235
students are enrolled in a dropout prevention and recovery program	5236
that is operated by the school and that has been granted a waiver	5237
by the department of education. The department shall grant a	5238
waiver to a dropout prevention and recovery program, within sixty	5239
days after the program applies for the waiver, if the program	5240
meets all of the following conditions:	5241

(1) The program serves only students not younger than sixteen	5242
years of age and not older than twenty-one years of age.	5243

(2) The program enrolls students who, at the time of their	5244
initial enrollment, either, or both, are at least one grade level	5245
behind their cohort age groups or experience crises that	5246
significantly interfere with their academic progress such that	5247
they are prevented from continuing their traditional programs.	5248

(3) The program requires students to attain at least the	5249
applicable score designated for each of the assessments prescribed	5250
under division (B)(1) of section 3301.0710 of the Revised Code or,	5251
to the extent prescribed by rule of the state board of education	5252
under division (D)(6) of section 3301.0712 of the Revised Code,	5253
division (B)(2) of that section.	5254

(4) The program develops an individual career plan for the	5255
student that specifies the student's matriculating to a two-year	5256
degree program, acquiring a business and industry credential, or	5257
entering an apprenticeship.	5258

(5) The program provides counseling and support for the	5259
student related to the plan developed under division (A)(4) of	5260
this section during the remainder of the student's high school	5261
experience.	5262

(6) Prior to receiving the waiver, the program has submitted	5263
to the department an instructional plan that demonstrates how the	5264
academic content standards adopted by the state board of education	5265
under section 3301.079 of the Revised Code will be taught and	5266
assessed.	5267

If the department does not act either to grant the waiver or	5268
to reject the program application for the waiver within sixty days	5269
as required under this section, the waiver shall be considered to	5270
be granted.	5271

(B) Notwithstanding division (A) of this section, the	5272
department shall not grant a waiver to any community school that	5273
did not qualify for a waiver under this section when it initially	5274
began operations, unless the state board of education approves the	5275
waiver.	5276

Sec. 3317.01. As used in this section, "school district,"	5277
unless otherwise specified, means any city, local, exempted	5278
village, joint vocational, or cooperative education school	5279
district and any educational service center.	5280

This chapter shall be administered by the state board of	5281
education. The superintendent of public instruction shall	5282
calculate the amounts payable to each school district and shall	5283
certify the amounts payable to each eligible district to the	5284
treasurer of the district as provided by this chapter. As soon as	5285
possible after such amounts are calculated, the superintendent	5286
shall certify to the treasurer of each school district the	5287
district's adjusted charge-off increase, as defined in section	5288
5705.211 of the Revised Code. No moneys shall be distributed	5289
pursuant to this chapter without the approval of the controlling	5290
board.	5291

The state board of education shall, in accordance with	5292
appropriations made by the general assembly, meet the financial	5293
obligations of this chapter.	5294

Moneys distributed pursuant to this chapter shall be	5295
calculated and paid on a fiscal year basis, beginning with the	5296
first day of July and extending through the thirtieth day of June.	5297
The moneys appropriated for each fiscal year shall be distributed	5298
periodically to each school district unless otherwise provided	5299
for. The state board, in June of each year, shall submit to the	5300
controlling board the state board's year-end distributions	5301
pursuant to this chapter.	5302

Except as otherwise provided, payments under this chapter	5303
shall be made only to those school districts in which:	5304

(A) The school district, except for any educational service	5305
center and any joint vocational or cooperative education school	5306
district, levies for current operating expenses at least twenty	5307
mills. Levies for joint vocational or cooperative education school	5308
districts or county school financing districts, limited to or to	5309
the extent apportioned to current expenses, shall be included in	5310
this qualification requirement. School district income tax levies	5311
under Chapter 5748. of the Revised Code, limited to or to the	5312
extent apportioned to current operating expenses, shall be	5313
included in this qualification requirement to the extent	5314
determined by the tax commissioner under division (D) of section	5315
3317.021 of the Revised Code.	5316

(B) The school year next preceding the fiscal year for which	5317
such payments are authorized meets the requirement of section	5318
3313.48 or 3313.481 of the Revised Code, with regard to the	5319
minimum number of days or hours school must be open for	5320
instruction with pupils in attendance, for individualized	5321
parent-teacher conference and reporting periods, and for	5322
professional meetings of teachers. This requirement shall be	5323
waived by the superintendent of public instruction if it had been	5324
necessary for a school to be closed because of disease epidemic,	5325
hazardous weather conditions, law enforcement emergencies,	5326
inoperability of school buses or other equipment necessary to the	5327
school's operation, damage to a school building, or other	5328
temporary circumstances due to utility failure rendering the	5329
school building unfit for school use, provided that for those	5330
school districts operating pursuant to section 3313.48 of the	5331
Revised Code the number of days the school was actually open for	5332
instruction with pupils in attendance and for individualized	5333
parent-teacher conference and reporting periods is not less than	5334
one hundred seventy-five, or for those school districts operating	5335
on a trimester plan the number of days the school was actually	5336
open for instruction with pupils in attendance not less than	5337
seventy-nine days in any trimester, for those school districts	5338
operating on a quarterly plan the number of days the school was	5339
actually open for instruction with pupils in attendance not less	5340
than fifty-nine days in any quarter, or for those school districts	5341
operating on a pentamester plan the number of days the school was	5342
actually open for instruction with pupils in attendance not less	5343
than forty-four days in any pentamester.	5344

A school district shall not be considered to have failed to	5345
comply with this division or section 3313.481 of the Revised Code	5346
because schools were open for instruction but either twelfth grade	5347
students were excused from attendance for up to three days or only	5348
a portion of the kindergarten students were in attendance for up	5349
to three days in order to allow for the gradual orientation to	5350
school of such students.	5351

The superintendent of public instruction shall waive the	5352
requirements of this section with reference to the minimum number	5353
of days or hours school must be in session with pupils in	5354
attendance for the school year succeeding the school year in which	5355
a board of education initiates a plan of operation pursuant to	5356
section 3313.481 of the Revised Code. The minimum requirements of	5357
this section shall again be applicable to such a district	5358
beginning with the school year commencing the second July	5359
succeeding the initiation of one such plan, and for each school	5360
year thereafter.	5361

A school district shall not be considered to have failed to	5362
comply with this division or section 3313.48 or 3313.481 of the	5363
Revised Code because schools were open for instruction but the	5364
length of the regularly scheduled school day, for any number of	5365
days during the school year, was reduced by not more than two	5366
hours due to hazardous weather conditions.	5367

A board of education or governing board of an educational	5368
service center which has not conformed with other law and the	5369
rules pursuant thereto, shall not participate in the distribution	5370
of funds authorized by this chapter, except for good and	5371
sufficient reason established to the satisfaction of the state	5372
board of education and the state controlling board.	5373

All funds allocated to school districts under this chapter,	5374
except those specifically allocated for other purposes, shall be	5375
used to pay current operating expenses only.	5376

Sec. 3317.11. (A) As used in this section:

5377

(1) "Client school district" means a city, exempted village,	5378
or local school district that has entered into an agreement under	5379
section 3313.843 of the Revised Code to receive any services from	5380
an educational service center.	5381

(2) "Service center ADM" means the sum of the total student	5382
counts of all of an educational service center's client school	5383
districts.	5384

(3) "STEM school" means a science, technology, engineering,	5385
and mathematics school established under Chapter 3326. of the	5386
Revised Code.	5387

(4) "Total student count" has the same meaning as in section	5388
3301.011 of the Revised Code.	5389

(B)~~(1)~~Beginning with the 2012-2013 school year, this	5390
division shall not apply to any client school district that has	5391
elected not to receive supervisory services under this division,	5392
as specified in the district's agreement under section 3313.843 of	5393
the Revised Code, and the department of education shall not make	5394
any deductions for the district under this division.	5395

(1) The governing board of each educational service center	5396
shall provide supervisory services to each of its client school	5397
districts. Except as provided in division (B)(2) of this section,	5398
the supervisory services shall not exceed one supervisory teacher	5399
for the first fifty classroom teachers required to be employed in	5400
the districts, as calculated in the manner prescribed under former	5401
division (B) of section 3317.023 of the Revised Code, as that	5402
division existed prior to June 30, 2011, and one for each	5403
additional one hundred required classroom teachers, as so	5404
calculated.	5405

The supervisory services shall be financed annually through	5406
supervisory units. Except as provided in division (B)(2) of this	5407
section, the number of supervisory units assigned to each district	5408
shall not exceed one unit for the first fifty classroom teachers	5409
required to be employed in the district, as calculated in the	5410
manner prescribed under former division (B) of section 3317.023 of	5411
the Revised Code, as that division existed prior to June 30, 2011,	5412
and one for each additional one hundred required classroom	5413
teachers, as so calculated. The cost of each supervisory unit	5414
shall be the sum of:	5415

(a) The minimum salary prescribed by section 3317.13 of the	5416
Revised Code for the licensed supervisory employee of the	5417
governing board;	5418

(b) An amount equal to fifteen per cent of that salary;

5419

(c) An allowance for necessary travel expenses, limited to	5420
the lesser of two hundred twenty-three dollars and sixteen cents	5421
per month or two thousand six hundred seventy-eight dollars per	5422
year.	5423

(2) If a majority of the boards of education, or	5424
superintendents acting on behalf of the boards, of the client	5425
school districts receiving services from the educational service	5426
center agree to receive additional supervisory services and to pay	5427
the cost of a corresponding number of supervisory units in excess	5428
of the services and units specified in division (B)(1) of this	5429
section, the service center shall provide the additional services	5430
as agreed to by the majority of districts to, and the department	5431
~~of education~~ shall apportion the cost of the corresponding number	5432
of additional supervisory units pursuant to division (B)(3) of	5433
this section among, all of the service center's client school	5434
districts.	5435

(3) The department shall apportion the total cost for all	5436
supervisory units among the service center's client school	5437
districts based on each district's total student count. The	5438
department shall deduct each district's apportioned share pursuant	5439
to division (B) of section 3317.023 of the Revised Code and pay	5440
the apportioned share to the service center.	5441

(C) The department annually shall deduct from each client	5442
school district of each educational service center, pursuant to	5443
division (B) of section 3317.023 of the Revised Code, and pay to	5444
the service center an amount equal to six dollars and fifty cents	5445
times the school district's total student count. The board of	5446
education, or the superintendent acting on behalf of the board, of	5447
any client school district may agree to pay an amount in excess of	5448
six dollars and fifty cents per student in total student count. If	5449
a majority of the boards of education, or superintendents acting	5450
on behalf of the boards, of the service center's client school	5451
districts approve an amount in excess of six dollars and fifty	5452
cents per student in total student count, the department shall	5453
deduct the approved excess per student amount from all of the	5454
service center's client school districts and pay the excess amount	5455
to the service center.	5456

(D) The department shall pay each educational service center	5457
the amounts due to it from school districts pursuant to contracts,	5458
compacts, or agreements under which the service center furnishes	5459
services to the districts or their students. In order to receive	5460
payment under this division, an educational service center shall	5461
furnish either a copy of the contract, compact, or agreement	5462
clearly indicating the amounts of the payments, or a written	5463
statement that clearly indicates the payments owed and is signed	5464
by the superintendent or treasurer of the responsible school	5465
district. The amounts paid to service centers under this division	5466
shall be deducted from payments to school districts pursuant to	5467
division (H)(3) of section 3317.023 of the Revised Code.	5468

(E) Each school district's deduction under this section and	5469
divisions (B) and (H)(3) of section 3317.023 of the Revised Code	5470
shall be made from the total payment computed for the district	5471
under this chapter, after making any other adjustments in that	5472
payment required by law.	5473

(F)(1) Except as provided in division (F)(2) of this section,	5474
the department annually shall pay the governing board of each	5475
educational service center state funds equal to thirty-seven	5476
dollars times its service center ADM.	5477

(2) The department annually shall pay state funds equal to	5478
forty dollars and fifty-two cents times the service center ADM to	5479
each educational service center comprising territory that was	5480
included in the territory of at least three former service centers	5481
or county school districts, which former centers or districts	5482
engaged in one or more mergers under section 3311.053 of the	5483
Revised Code to form the present center.	5484

(G) Each city, exempted village, local, joint vocational, or	5485
cooperative education school district shall pay to the governing	5486
board of an educational service center any amounts agreed to for	5487
each child enrolled in the district who receives special education	5488
and related services or career-technical education from the	5489
educational service center, unless these educational services are	5490
provided pursuant to a contract, compact, or agreement for which	5491
the department deducts and transfers payments under division (D)	5492
of this section and division (H)(3) of section 3317.023 of the	5493
Revised Code.	5494

(H) The department annually shall pay the governing board of	5495
each educational service center that has entered into a contract	5496
with a STEM school for the provision of services described in	5497
division (B) of section 3326.45 of the Revised Code state funds	5498
equal to the per-pupil amount specified in the contract for the	5499
provision of those services times the number of students enrolled	5500
in the STEM school.	5501

(I) An educational service center:

5502

(1) May provide special education and career-technical	5503
education to students in its client school districts;	5504

(2) Is eligible for transportation funding under division (C)	5505
of section 3317.024 of the Revised Code;	5506

(3) May apply for and receive gifted education units and	5507
provide gifted education services to students in its client school	5508
districts;	5509

(4) May conduct driver education for high school students in	5510
accordance with Chapter 4508. of the Revised Code.	5511

Sec. 3318.034. (A) This section applies to both of the	5512
following:	5513

(1) Any school district that has not executed an agreement	5514
for a project under sections 3318.01 to 3318.20 of the Revised	5515
Code prior to June 24, 2008;	5516

(2) Any school district that is eligible for additional	5517
assistance under sections 3318.01 to 3318.20 of the Revised Code	5518
pursuant to division (B)(2) of section 3318.04 of the Revised	5519
Code.	5520

Notwithstanding any provision of this chapter to the	5521
contrary, with the approval of the Ohio school facilities	5522
commission, any school district to which this section applies may	5523
opt to divide the district's entire classroom facilities needs, as	5524
those needs are jointly determined by the staff of the commission	5525
and the school district, into discrete segments and shall comply	5526
with all of the provisions of those sections unless otherwise	5527
provided in this section.	5528

(B) Except as provided in division (C) of this section, each	5529
segment shall comply with all of the following:	5530

(1) The segment shall consist of the new construction of one	5531
or more entire buildings or the complete renovation of one or more	5532
entire existing buildings, with any necessary additions to that	5533
building.	5534

(2) The segment shall not include any construction of or	5535
renovation or repair to any building that does not complete the	5536
needs of the district with respect to that particular building at	5537
the time the segment is completed.	5538

(3) The segment shall consist of new construction,	5539
renovations, additions, reconstruction, or repair of classroom	5540
facilities to the extent that the school district portion, as	5541
determined under section 3318.032 of the Revised Code, is an	5542
amount not less than the product of ~~0.040~~0.020 times the	5543
district's valuation at the time the agreement for the segment is	5544
executed, unless the district previously has undertaken a segment	5545
under this section and the district's portion of the estimated	5546
basic project cost of the remainder of its entire classroom	5547
facilities needs, as determined jointly by the staff of the	5548
commission and the district, is less than the amount otherwise	5549
required by this division.	5550

(C) A district described in division (A)(2) of this section	5551
that has not received the additional assistance authorized under	5552
division (B)(2) of section 3318.04 of the Revised Code may	5553
undertake a segment, with commission approval, for the purpose of	5554
renovating or replacing work performed on a facility under the	5555
district's prior project. The commission may approve that segment	5556
if the commission determines that the renovation or replacement is	5557
necessary to protect the facility. The basic project cost of the	5558
segment shall be allocated between the state and the district in	5559
accordance with section 3318.032 of the Revised Code. However, the	5560
requirements of division (B) of this section shall not apply to a	5561
segment undertaken under this division.	5562

(D) The commission shall conditionally approve and seek	5563
controlling board approval in accordance with division (A) of	5564
section 3318.04 of the Revised Code of each segment.	5565

(E) The school district's maintenance levy requirement, as	5566
defined in section 3318.18 of the Revised Code, shall run for	5567
twenty-three years from the date the first segment is undertaken;	5568
however, the maintenance levy requirement does not apply to a	5569
segment undertaken under division (C) of this section.	5570

Sec. 3318.36. (A)(1) As used in this section:

5571

(a) "Ohio school facilities commission," "classroom	5572
facilities," "school district," "school district board," "net	5573
bonded indebtedness," "required percentage of the basic project	5574
costs," "basic project cost," "valuation," and "percentile" have	5575
the same meanings as in section 3318.01 of the Revised Code.	5576

(b) "Required level of indebtedness" means five per cent of	5577
the school district's valuation for the year preceding the year in	5578
which the commission and school district enter into an agreement	5579
under division (B) of this section, plus [two one-hundredths of	5580
one per cent multiplied by (the percentile in which the district	5581
ranks minus one)].	5582

(c) "Local resources" means any moneys generated in any	5583
manner permitted for a school district board to raise the school	5584
district portion of a project undertaken with assistance under	5585
sections 3318.01 to 3318.20 of the Revised Code.	5586

(2) For purposes of determining the required level of	5587
indebtedness, the required percentage of the basic project costs	5588
under division (C)(1) of this section, and priority for assistance	5589
under sections 3318.01 to 3318.20 of the Revised Code, the	5590
percentile ranking of a school district with which the commission	5591
has entered into an agreement under this section between the first	5592
day of July and the thirty-first day of August in each fiscal year	5593
is the percentile ranking calculated for that district for the	5594
immediately preceding fiscal year, and the percentile ranking of a	5595
school district with which the commission has entered into such	5596
agreement between the first day of September and the thirtieth day	5597
of June in each fiscal year is the percentile ranking calculated	5598
for that district for the current fiscal year.	5599

(B)(1) There is hereby established the school building	5600
assistance expedited local partnership program. Under the program,	5601
the Ohio school facilities commission may enter into an agreement	5602
with the ~~school district~~ board of any school district under which	5603
the ~~school district~~ board may proceed with the new construction or	5604
major repairs of a part of the ~~school~~ district's classroom	5605
facilities needs, as determined under sections 3318.01 to 3318.20	5606
of the Revised Code, through the expenditure of local resources	5607
prior to the school district's eligibility for state assistance	5608
under those sections, and may apply that expenditure toward	5609
meeting the school district's portion of the basic project cost of	5610
the total of the ~~school~~ district's classroom facilities needs, as	5611
~~determined under sections 3318.01 to 3318.20 of the Revised Code~~	5612
~~and~~ as recalculated under division (E) of this section, ~~that are~~	5613
when the district becomes eligible for state assistance under	5614
sections 3318.01 to 3318.20 or section 3318.364 of the Revised	5615
Code ~~when the school district becomes eligible for that~~	5616
~~assistance~~. Any school district that is reasonably expected to	5617
receive assistance under sections 3318.01 to 3318.20 of the	5618
Revised Code within two fiscal years from the date the school	5619
district adopts its resolution under division (B) of this section	5620
shall not be eligible to participate in the program established	5621
under this section.	5622

(2) To participate in the program, a school district board	5623
shall first adopt a resolution certifying to the commission the	5624
board's intent to participate in the program.	5625

The resolution shall specify the approximate date that the	5626
board intends to seek elector approval of any bond or tax measures	5627
or to apply other local resources to use to pay the cost of	5628
classroom facilities to be constructed under this section. The	5629
resolution may specify the application of local resources or	5630
elector-approved bond or tax measures after the resolution is	5631
adopted by the board, and in such case the board may proceed with	5632
a discrete portion of its project under this section as soon as	5633
the commission and the controlling board have approved the basic	5634
project cost of the district's classroom facilities needs as	5635
specified in division (D) of this section. The board shall submit	5636
its resolution to the commission not later than ten days after the	5637
date the resolution is adopted by the board.	5638

The commission shall not consider any resolution that is	5639
submitted pursuant to division (B)(2) of this section, as amended	5640
by this amendment, sooner than September 14, 2000.	5641

(3) For purposes of determining when a district that enters	5642
into an agreement under this section becomes eligible for	5643
assistance under sections 3318.01 to 3318.20 of the Revised Code	5644
or priority for assistance under section 3318.364 of the Revised	5645
Code, the commission shall use the district's percentile ranking	5646
determined at the time the district entered into the agreement	5647
under this section, as prescribed by division (A)(2) of this	5648
section.	5649

(4) Any project under this section shall comply with section	5650
3318.03 of the Revised Code and with any specifications for plans	5651
and materials for classroom facilities adopted by the commission	5652
under section 3318.04 of the Revised Code.	5653

(5) If a school district that enters into an agreement under	5654
this section has not begun a project applying local resources as	5655
provided for under that agreement at the time the district is	5656
notified by the commission that it is eligible to receive state	5657
assistance under sections 3318.01 to 3318.20 of the Revised Code,	5658
all assessment and agreement documents entered into under this	5659
section are void.	5660

(6) Only construction of or repairs to classroom facilities	5661
that have been approved by the commission and have been therefore	5662
included as part of a district's basic project cost qualify for	5663
application of local resources under this section.	5664

(C) Based on the results of on-site visits and assessment,	5665
the commission shall determine the basic project cost of the	5666
school district's classroom facilities needs. The commission shall	5667
determine the school district's portion of such basic project	5668
cost, which shall be the greater of:	5669

(1) The required percentage of the basic project costs,	5670
determined based on the school district's percentile ranking;	5671

(2) An amount necessary to raise the school district's net	5672
bonded indebtedness, as of the fiscal year the commission and the	5673
school district enter into the agreement under division (B) of	5674
this section, to within five thousand dollars of the required	5675
level of indebtedness.	5676

(D)(1) When the commission determines the basic project cost	5677
of the classroom facilities needs of a school district and the	5678
school district's portion of that basic project cost under	5679
division (C) of this section, the project shall be conditionally	5680
approved. Such conditional approval shall be submitted to the	5681
controlling board for approval thereof. The controlling board	5682
shall forthwith approve or reject the commission's determination,	5683
conditional approval, and the amount of the state's portion of the	5684
basic project cost; however, no state funds shall be encumbered	5685
under this section. Upon approval by the controlling board, the	5686
school district board may identify a discrete part of its	5687
classroom facilities needs, which shall include only new	5688
construction of or additions or major repairs to a particular	5689
building, to address with local resources. Upon identifying a part	5690
of the school district's basic project cost to address with local	5691
resources, the school district board may allocate any available	5692
school district moneys to pay the cost of that identified part,	5693
including the proceeds of an issuance of bonds if approved by the	5694
electors of the school district.	5695

All local resources utilized under this division shall first	5696
be deposited in the project construction account required under	5697
section 3318.08 of the Revised Code.	5698

(2) Unless the school district board exercises its option	5699
under division (D)(3) of this section, for a school district to	5700
qualify for participation in the program authorized under this	5701
section, one of the following conditions shall be satisfied:	5702

(a) The electors of the school district by a majority vote	5703
shall approve the levy of taxes outside the ten-mill limitation	5704
for a period of twenty-three years at the rate of not less than	5705
one-half mill for each dollar of valuation to be used to pay the	5706
cost of maintaining the classroom facilities included in the basic	5707
project cost as determined by the commission. The form of the	5708
ballot to be used to submit the question whether to approve the	5709
tax required under this division to the electors of the school	5710
district shall be the form for an additional levy of taxes	5711
prescribed in section 3318.361 of the Revised Code, which may be	5712
combined in a single ballot question with the questions prescribed	5713
under section 5705.218 of the Revised Code.	5714

(b) As authorized under division (C) of section 3318.05 of	5715
the Revised Code, the school district board shall earmark from the	5716
proceeds of a permanent improvement tax levied under section	5717
5705.21 of the Revised Code, an amount equivalent to the	5718
additional tax otherwise required under division (D)(2)(a) of this	5719
section for the maintenance of the classroom facilities included	5720
in the basic project cost as determined by the commission.	5721

(c) As authorized under section 3318.051 of the Revised Code,	5722
the school district board shall, if approved by the commission,	5723
annually transfer into the maintenance fund required under section	5724
3318.05 of the Revised Code the amount prescribed in section	5725
3318.051 of the Revised Code in lieu of the tax otherwise required	5726
under division (D)(2)(a) of this section for the maintenance of	5727
the classroom facilities included in the basic project cost as	5728
determined by the commission.	5729

(d) If the school district board has rescinded the agreement	5730
to make transfers under section 3318.051 of the Revised Code, as	5731
provided under division (F) of that section, the electors of the	5732
school district, in accordance with section 3318.063 of the	5733
Revised Code, first shall approve the levy of taxes outside the	5734
ten-mill limitation for the period specified in that section at a	5735
rate of not less than one-half mill for each dollar of valuation.	5736

(e) The school district board shall apply the proceeds of a	5737
tax to leverage bonds as authorized under section 3318.052 of the	5738
Revised Code or dedicate a local donated contribution in the	5739
manner described in division (B) of section 3318.084 of the	5740
Revised Code in an amount equivalent to the additional tax	5741
otherwise required under division (D)(2)(a) of this section for	5742
the maintenance of the classroom facilities included in the basic	5743
project cost as determined by the commission.	5744

(3) A school district board may opt to delay taking any of	5745
the actions described in division (D)(2) of this section until the	5746
school district becomes eligible for state assistance under	5747
sections 3318.01 to 3318.20 of the Revised Code. In order to	5748
exercise this option, the board shall certify to the commission a	5749
resolution indicating the board's intent to do so prior to	5750
entering into an agreement under division (B) of this section.	5751

(4) If pursuant to division (D)(3) of this section a district	5752
board opts to delay levying an additional tax until the district	5753
becomes eligible for state assistance, it shall submit the	5754
question of levying that tax to the district electors as follows:	5755

(a) In accordance with section 3318.06 of the Revised Code if	5756
it will also be necessary pursuant to division (E) of this section	5757
to submit a proposal for approval of a bond issue;	5758

(b) In accordance with section 3318.361 of the Revised Code	5759
if it is not necessary to also submit a proposal for approval of a	5760
bond issue pursuant to division (E) of this section.	5761

(5) No state assistance under sections 3318.01 to 3318.20 of	5762
the Revised Code shall be released until a school district board	5763
that adopts and certifies a resolution under division (D) of this	5764
section also demonstrates to the satisfaction of the commission	5765
compliance with the provisions of division (D)(2) of this section.	5766

Any amount required for maintenance under division (D)(2) of	5767
this section shall be deposited into a separate fund as specified	5768
in division (B) of section 3318.05 of the Revised Code.	5769

(E)(1) If the school district becomes eligible for state	5770
assistance under sections 3318.01 to 3318.20 of the Revised Code	5771
based on its percentile ranking under division (B)(3) of this	5772
section or is offered assistance under section 3318.364 of the	5773
Revised Code, the commission shall conduct a new assessment of the	5774
school district's classroom facilities needs and shall recalculate	5775
the basic project cost based on this new assessment. The basic	5776
project cost recalculated under this division shall include the	5777
amount of expenditures made by the school district board under	5778
division (D)(1) of this section. The commission shall then	5779
recalculate the school district's portion of the new basic project	5780
cost, which shall be the percentage of the original basic project	5781
cost assigned to the school district as its portion under division	5782
(C) of this section. The commission shall deduct the expenditure	5783
of school district moneys made under division (D)(1) of this	5784
section from the school district's portion of the basic project	5785
cost as recalculated under this division. If the amount of school	5786
district resources applied by the school district board to the	5787
school district's portion of the basic project cost under this	5788
section is less than the total amount of such portion as	5789
recalculated under this division, the school district board by a	5790
majority vote of all of its members shall, if it desires to seek	5791
state assistance under sections 3318.01 to 3318.20 of the Revised	5792
Code, adopt a resolution as specified in section 3318.06 of the	5793
Revised Code to submit to the electors of the school district the	5794
question of approval of a bond issue in order to pay any	5795
additional amount of school district portion required for state	5796
assistance. Any tax levy approved under division (D) of this	5797
section satisfies the requirements to levy the additional tax	5798
under section 3318.06 of the Revised Code.	5799

(2) If the amount of school district resources applied by the	5800
school district board to the school district's portion of the	5801
basic project cost under this section is more than the total	5802
amount of such portion as recalculated under this division, within	5803
one year after the school district's portion is recalculated under	5804
division (E)(1) of this section the commission may grant to the	5805
school district the difference between the two calculated	5806
portions, but at no time shall the commission expend any state	5807
funds on a project in an amount greater than the state's portion	5808
of the basic project cost as recalculated under this division.	5809

Any reimbursement under this division shall be only for local	5810
resources the school district has applied toward construction cost	5811
expenditures for the classroom facilities approved by the	5812
commission, which shall not include any financing costs associated	5813
with that construction.	5814

The school district board shall use any moneys reimbursed to	5815
the district under this division to pay off any debt service the	5816
district owes for classroom facilities constructed under its	5817
project under this section before such moneys are applied to any	5818
other purpose. However, the district board first may deposit	5819
moneys reimbursed under this division into the district's general	5820
fund or a permanent improvement fund to replace local resources	5821
the district withdrew from those funds, as long as, and to the	5822
extent that, those local resources were used by the district for	5823
constructing classroom facilities included in the district's basic	5824
project cost.	5825

Sec. 3318.364. In any fiscal year, the Ohio school	5826
facilities commission may, at its discretion, provide assistance	5827
under sections 3318.01 to 3318.20 of the Revised Code to a school	5828
district that has entered into an expedited local partnership	5829
agreement under section 3318.36 of the Revised Code before the	5830
district is otherwise eligible for that assistance based on its	5831
percentile rank, if the commission determines all of the	5832
following:	5833

(A) The district has made an expenditure of local resources	5834
under its expedited local partnership agreement on a discrete part	5835
of its district-wide project.	5836

(B) The district is ready to complete its district-wide	5837
project or a segment of the project, in accordance with section	5838
3318.034 of the Revised Code.	5839

(C) The district is in compliance with division (D)(2) of	5840
section 3318.36 of the Revised Code.	5841

(D) Sufficient state funds have been appropriated for	5842
classroom facilities projects for the fiscal year to pay the state	5843
share of the district's project or segment after paying the state	5844
share of projects for all of the following:	5845

(1) Districts that previously had their conditional approval	5846
lapse pursuant to section 3318.05 of the Revised Code;	5847

(2) Districts eligible for assistance under division (B)(2)	5848
of section 3318.04 of the Revised Code;	5849

(3) Districts participating in the exceptional needs school	5850
facilities assistance program under section 3318.37 or 3318.371 of	5851
the Revised Code;	5852

(4) Districts participating in the accelerated urban school	5853
building assistance program under section 3318.38 of the Revised	5854
Code.	5855

Assistance under this section shall be offered to eligible	5856
districts in the order of their percentile rankings at the time	5857
they entered into their expedited local partnership agreements,	5858
from lowest to highest percentile. In the event that more than one	5859
district has the same percentile ranking, those districts shall be	5860
offered assistance in the order of the date they entered into	5861
their expedited local partnership agreements, from earliest to	5862
latest date.	5863

As used in this section, "local resources" and "percentile"	5864
have the same meanings as in section 3318.36 of the Revised Code.	5865

Sec. 3318.37. (A)(1) As used in this section:

5866

~~(a) "Large land area school district" means a school district~~	5867
~~with a territory of greater than three hundred square miles in any~~	5868
~~percentile as determined under section 3318.011 of the Revised~~	5869
~~Code.~~	5870

~~(b) "Low wealth school district" means a school district in~~	5871
~~the first through seventy-fifth percentiles as determined under~~	5872
~~section 3318.011 of the Revised Code.~~	5873

~~(c) A~~, a "school district with an exceptional need for	5874
immediate classroom facilities assistance" means a ~~low wealth or~~	5875
~~large land area~~ school district with an exceptional need for new	5876
facilities in order to protect the health and safety of all or a	5877
portion of its students.	5878

(2) No school district that participates in the school	5879
building assistance expedited local partnership program under	5880
section 3318.36 of the Revised Code shall receive assistance under	5881
the program established under this section unless the following	5882
conditions are satisfied:	5883

(a) The district board adopted a resolution certifying its	5884
intent to participate in the school building assistance expedited	5885
local partnership program under section 3318.36 of the Revised	5886
Code prior to September 14, 2000.	5887

(b) The district was selected by the Ohio school facilities	5888
commission for participation in the school building assistance	5889
expedited local partnership program under section 3318.36 of the	5890
Revised Code in the manner prescribed by the commission under that	5891
section as it existed prior to September 14, 2000.	5892

(B)(1) There is hereby established the exceptional needs	5893
school facilities assistance program. Under the program, the Ohio	5894
school facilities commission may set aside from the moneys	5895
annually appropriated to it for classroom facilities assistance	5896
projects up to twenty-five per cent for assistance to school	5897
districts with exceptional needs for immediate classroom	5898
facilities assistance.	5899

(2)(a) After consulting with education and construction	5900
experts, the commission shall adopt guidelines for identifying	5901
school districts with an exceptional need for immediate classroom	5902
facilities assistance.	5903

(b) The guidelines shall include application forms and	5904
instructions for school districts to use in applying for	5905
assistance under this section.	5906

(3) The commission shall evaluate the classroom facilities,	5907
and the need for replacement classroom facilities from the	5908
applications received under this section. The commission,	5909
utilizing the guidelines adopted under division (B)(2)(a) of this	5910
section, shall prioritize the school districts to be assessed.	5911

Notwithstanding section 3318.02 of the Revised Code, the	5912
commission may conduct on-site evaluation of the school districts	5913
prioritized under this section and approve and award funds until	5914
such time as all funds set aside under division (B)(1) of this	5915
section have been encumbered. However, the commission need not	5916
conduct the evaluation of facilities if the commission determines	5917
that a district's assessment conducted under section 3318.36 of	5918
the Revised Code is sufficient for purposes of this section.	5919

(4) Notwithstanding division (A) of section 3318.05 of the	5920
Revised Code, the school district's portion of the basic project	5921
cost under this section shall be the "required percentage of the	5922
basic project costs," as defined in division (K) of section	5923
3318.01 of the Revised Code.	5924

(5) Except as otherwise specified in this section, any	5925
project undertaken with assistance under this section shall comply	5926
with all provisions of sections 3318.01 to 3318.20 of the Revised	5927
Code. A school district may receive assistance under sections	5928
3318.01 to 3318.20 of the Revised Code for the remainder of the	5929
district's classroom facilities needs as assessed under this	5930
section when the district is eligible for such assistance pursuant	5931
to section 3318.02 of the Revised Code, but any classroom facility	5932
constructed with assistance under this section shall not be	5933
included in a district's project at that time unless the	5934
commission determines the district has experienced the increased	5935
enrollment specified in division (B)(1) of section 3318.04 of the	5936
Revised Code.	5937

(C) No school district shall receive assistance under this	5938
section for a classroom facility that has been included in the	5939
discrete part of the district's classroom facilities needs	5940
identified and addressed in the district's project pursuant to an	5941
agreement entered into under section 3318.36 of the Revised Code,	5942
unless the district's entire classroom facilities plan consists of	5943
only a single building designed to house grades kindergarten	5944
through twelve.	5945

Sec. 3318.371. The Ohio school facilities commission may	5946
provide assistance under the exceptional needs school facilities	5947
program established by section 3318.37 of the Revised Code to any	5948
school district for the purpose of the relocation or replacement	5949
of classroom facilities required as a result of any contamination	5950
of air, soil, or water that impacts the occupants of the facility.	5951
~~Assistance under this section is not limited to school districts~~	5952
~~in the first through seventy-fifth percentiles as determined under~~	5953
~~section 3318.011 of the Revised Code.~~	5954

The commission shall make a determination in accordance with	5955
guidelines adopted by the commission regarding eligibility and	5956
funding for projects under this section. The commission may	5957
contract with an independent environmental consultant to conduct a	5958
study to assist the commission in making the determination.	5959

If the federal government or other public or private entity	5960
provides funds for restitution of costs incurred by the state or	5961
school district in the relocation or replacement of the classroom	5962
facilities, the school district shall use such funds in excess of	5963
the school district's share to refund the state for the state's	5964
contribution to the environmental contamination portion of the	5965
project. The school district may apply an amount of such	5966
restitution funds up to an amount equal to the school district's	5967
portion of the project, as defined by the commission, toward	5968
paying its portion of that project to reduce the amount of bonds	5969
the school district otherwise must issue to receive state	5970
assistance under sections 3318.01 to 3318.20 of the Revised Code.	5971

Sec. 3318.70. (A) As used in this section:

5972

(1) "Acquisition of classroom facilities" has the same	5973
meaning as in section 3318.40 of the Revised Code.	5974

(2) "Classroom facilities" has the same meaning as in section	5975
3318.01 of the Revised Code.	5976

(3) "STEM school" means a science, technology, engineering,	5977
and mathematics school established under Chapter 3326. of the	5978
Revised Code that is not governed by a single school district	5979
board of education, as prescribed by section 3326.51 of the	5980
Revised Code.	5981

(B) Upon receipt of a written proposal by the governing body	5982
of a STEM school, the Ohio school facilities commission, subject	5983
to approval of the controlling board, may provide funding to	5984
assist that STEM school in the acquisition of classroom	5985
facilities. The proposal of the governing body shall be submitted	5986
in a form and in the manner prescribed by the commission and shall	5987
indicate both the total amount of state funding requested and the	5988
amount of nonstate funding pledged for the acquisition of the	5989
classroom facilities, which shall not be less than the total	5990
amount of state funding requested. If the commission decides in	5991
favor of providing funding for the classroom facilities and if the	5992
controlling board approves that funding, the commission shall	5993
enter into an agreement with the governing body for the	5994
acquisition of the classroom facilities and shall encumber, in	5995
accordance with section 3318.11 of the Revised Code, the approved	5996
funding from the amounts appropriated to the commission for	5997
classroom facilities assistance projects. The agreement shall	5998
include a stipulation of the ownership of the classroom facilities	5999
in the event the STEM school permanently closes at any time.	6000

(C) In the case of the governing body of a group of STEM	6001
schools, as prescribed by section 3326.031 of the Revised Code,	6002
the governing body shall submit a proposal for each school under	6003
its direction separately, and the commission shall consider each	6004
proposal separately.	6005

Sec. 3319.02. (A)(1) As used in this section, "other	6006
administrator" means any of the following:	6007

(a) Except as provided in division (A)(2) of this section,	6008
any employee in a position for which a board of education requires	6009
a license designated by rule of the department of education for	6010
being an administrator issued under section 3319.22 of the Revised	6011
Code, including a professional pupil services employee or	6012
administrative specialist or an equivalent of either one who is	6013
not employed as a school counselor and spends less than fifty per	6014
cent of the time employed teaching or working with students;	6015

(b) Any nonlicensed employee whose job duties enable such	6016
employee to be considered as either a "supervisor" or a	6017
"management level employee," as defined in section 4117.01 of the	6018
Revised Code;	6019

(c) A business manager appointed under section 3319.03 of the	6020
Revised Code.	6021

(2) As used in this section, "other administrator" does not	6022
include a superintendent, assistant superintendent, principal, or	6023
assistant principal.	6024

(B) The board of education of each school district and the	6025
governing board of an educational service center may appoint one	6026
or more assistant superintendents and such other administrators as	6027
are necessary. An assistant educational service center	6028
superintendent or service center supervisor employed on a	6029
part-time basis may also be employed by a local board as a	6030
teacher. The board of each city, exempted village, and local	6031
school district shall employ principals for all high schools and	6032
for such other schools as the board designates, and those boards	6033
may appoint assistant principals for any school that they	6034
designate.	6035

(C) In educational service centers and in city, exempted	6036
village, and local school districts, assistant superintendents,	6037
principals, assistant principals, and other administrators shall	6038
only be employed or reemployed in accordance with nominations of	6039
the superintendent, except that a board of education of a school	6040
district or the governing board of a service center, by a	6041
three-fourths vote of its full membership, may reemploy any	6042
assistant superintendent, principal, assistant principal, or other	6043
administrator whom the superintendent refuses to nominate.	6044

The board of education or governing board shall execute a	6045
written contract of employment with each assistant superintendent,	6046
principal, assistant principal, and other administrator it employs	6047
or reemploys. The term of such contract shall not exceed three	6048
years except that in the case of a person who has been employed as	6049
an assistant superintendent, principal, assistant principal, or	6050
other administrator in the district or center for three years or	6051
more, the term of the contract shall be for not more than five	6052
years and, unless the superintendent of the district recommends	6053
otherwise, not less than two years. If the superintendent so	6054
recommends, the term of the contract of a person who has been	6055
employed by the district or service center as an assistant	6056
superintendent, principal, assistant principal, or other	6057
administrator for three years or more may be one year, but all	6058
subsequent contracts granted such person shall be for a term of	6059
not less than two years and not more than five years. When a	6060
teacher with continuing service status becomes an assistant	6061
superintendent, principal, assistant principal, or other	6062
administrator with the district or service center with which the	6063
teacher holds continuing service status, the teacher retains such	6064
status in the teacher's nonadministrative position as provided in	6065
sections 3319.08 and 3319.09 of the Revised Code.	6066

A board of education or governing board may reemploy an	6067
assistant superintendent, principal, assistant principal, or other	6068
administrator at any regular or special meeting held during the	6069
period beginning on the first day of January of the calendar year	6070
immediately preceding the year of expiration of the employment	6071
contract and ending on the ~~last~~first day of ~~March~~June of the	6072
year the employment contract expires.	6073

Except by mutual agreement of the parties thereto, no	6074
assistant superintendent, principal, assistant principal, or other	6075
administrator shall be transferred during the life of a contract	6076
to a position of lesser responsibility. No contract may be	6077
terminated by a board except pursuant to section 3319.16 of the	6078
Revised Code. No contract may be suspended except pursuant to	6079
section 3319.17 or 3319.171 of the Revised Code. The salaries and	6080
compensation prescribed by such contracts shall not be reduced by	6081
a board unless such reduction is a part of a uniform plan	6082
affecting the entire district or center. The contract shall	6083
specify the employee's administrative position and duties as	6084
included in the job description adopted under division (D) of this	6085
section, the salary and other compensation to be paid for	6086
performance of duties, the number of days to be worked, the number	6087
of days of vacation leave, if any, and any paid holidays in the	6088
contractual year.	6089

An assistant superintendent, principal, assistant principal,	6090
or other administrator is, at the expiration of the current term	6091
of employment, deemed reemployed at the same salary plus any	6092
increments that may be authorized by the board, unless such	6093
employee notifies the board in writing to the contrary on or	6094
before the ~~first~~fifteenth day of June, or unless such board, on	6095
or before the ~~last~~first day of ~~March~~June of the year in which	6096
the contract of employment expires, either reemploys such employee	6097
for a succeeding term or gives written notice of its intention not	6098
to reemploy the employee. The term of reemployment of a person	6099
reemployed under this paragraph shall be one year, except that if	6100
such person has been employed by the school district or service	6101
center as an assistant superintendent, principal, assistant	6102
principal, or other administrator for three years or more, the	6103
term of reemployment shall be two years.	6104

(D)(1) Each board shall adopt procedures for the evaluation	6105
of all assistant superintendents, principals, assistant	6106
principals, and other administrators and shall evaluate such	6107
employees in accordance with those procedures. The procedures for	6108
the evaluation of principals and assistant principals shall be	6109
based on principles comparable to the teacher evaluation policy	6110
adopted by the board under section 3319.111 of the Revised Code,	6111
but shall be tailored to the duties and responsibilities of	6112
principals and assistant principals and the environment in which	6113
~~principals~~they work. An evaluation based upon procedures adopted	6114
under this division shall be considered by the board in deciding	6115
whether to renew the contract of employment of an assistant	6116
superintendent, principal, assistant principal, or other	6117
administrator.	6118

(2) The evaluation shall measure each assistant	6119
superintendent's, principal's, assistant principal's, and other	6120
administrator's effectiveness in performing the duties included in	6121
the job description and the evaluation procedures shall provide	6122
for, but not be limited to, the following:	6123

(a) Each assistant superintendent, principal, assistant	6124
principal, and other administrator shall be evaluated annually	6125
through a written evaluation process.	6126

(b) The evaluation shall be conducted by the superintendent	6127
or designee.	6128

(c) In order to provide time to show progress in correcting	6129
the deficiencies identified in the evaluation process, the	6130
evaluation process shall be completed as follows:	6131

(i) In any school year that the employee's contract of	6132
employment is not due to expire, at least one evaluation shall be	6133
completed in that year. A written copy of the evaluation shall be	6134
provided to the employee no later than the end of the employee's	6135
contract year as defined by the employee's annual salary notice.	6136

(ii) In any school year that the employee's contract of	6137
employment is due to expire, at least a preliminary evaluation and	6138
at least a final evaluation shall be completed in that year. A	6139
written copy of the preliminary evaluation shall be provided to	6140
the employee at least sixty days prior to any action by the board	6141
on the employee's contract of employment. The final evaluation	6142
shall indicate the superintendent's intended recommendation to the	6143
board regarding a contract of employment for the employee. A	6144
written copy of the evaluation shall be provided to the employee	6145
at least five days prior to the board's acting to renew or not	6146
renew the contract.	6147

(3) Termination of an assistant superintendent, principal,	6148
assistant principal, or other administrator's contract shall be	6149
pursuant to section 3319.16 of the Revised Code. Suspension of any	6150
such employee shall be pursuant to section 3319.17 or 3319.171 of	6151
the Revised Code.	6152

(4) Before taking action to renew or nonrenew the contract of	6153
an assistant superintendent, principal, assistant principal, or	6154
other administrator under this section and prior to the ~~last~~first	6155
day of ~~March~~June of the year in which such employee's contract	6156
expires, the board shall notify each such employee of the date	6157
that the contract expires and that the employee may request a	6158
meeting with the board. Upon request by such an employee, the	6159
board shall grant the employee a meeting in executive session. In	6160
that meeting, the board shall discuss its reasons for considering	6161
renewal or nonrenewal of the contract. The employee shall be	6162
permitted to have a representative, chosen by the employee,	6163
present at the meeting.	6164

(5) The establishment of an evaluation procedure shall not	6165
create an expectancy of continued employment. Nothing in division	6166
(D) of this section shall prevent a board from making the final	6167
determination regarding the renewal or nonrenewal of the contract	6168
of any assistant superintendent, principal, assistant principal,	6169
or other administrator. However, if a board fails to provide	6170
evaluations pursuant to division (D)(2)(c)(i) or (ii) of this	6171
section, or if the board fails to provide at the request of the	6172
employee a meeting as prescribed in division (D)(4) of this	6173
section, the employee automatically shall be reemployed at the	6174
same salary plus any increments that may be authorized by the	6175
board for a period of one year, except that if the employee has	6176
been employed by the district or service center as an assistant	6177
superintendent, principal, assistant principal, or other	6178
administrator for three years or more, the period of reemployment	6179
shall be for two years.	6180

(E) On nomination of the superintendent of a service center a	6181
governing board may employ supervisors who shall be employed under	6182
written contracts of employment for terms not to exceed five years	6183
each. Such contracts may be terminated by a governing board	6184
pursuant to section 3319.16 of the Revised Code. Any supervisor	6185
employed pursuant to this division may terminate the contract of	6186
employment at the end of any school year after giving the board at	6187
least thirty days' written notice prior to such termination. On	6188
the recommendation of the superintendent the contract or contracts	6189
of any supervisor employed pursuant to this division may be	6190
suspended for the remainder of the term of any such contract	6191
pursuant to section 3319.17 or 3319.171 of the Revised Code.	6192

(F) A board may establish vacation leave for any individuals	6193
employed under this section. Upon such an individual's separation	6194
from employment, a board that has such leave may compensate such	6195
an individual at the individual's current rate of pay for all	6196
lawfully accrued and unused vacation leave credited at the time of	6197
separation, not to exceed the amount accrued within three years	6198
before the date of separation. In case of the death of an	6199
individual employed under this section, such unused vacation leave	6200
as the board would have paid to the individual upon separation	6201
under this section shall be paid in accordance with section	6202
2113.04 of the Revised Code, or to the estate.	6203

(G) The board of education of any school district may	6204
contract with the governing board of the educational service	6205
center from which it otherwise receives services to conduct	6206
searches and recruitment of candidates for assistant	6207
superintendent, principal, assistant principal, and other	6208
administrator positions authorized under this section.	6209

Sec. 3319.06. (A) The board of education of each city,	6210
exempted village, or local school district may create the position	6211
of internal auditor. Any person employed by the board as an	6212
internal auditor shall hold a valid permit issued under section	6213
4701.10 of the Revised Code to practice as a certified public	6214
accountant or a public accountant.	6215

(B) The board shall execute a written contract of employment	6216
with each internal auditor it employs. The contract shall specify	6217
the internal auditor's duties, the salary and other compensation	6218
to be paid for performance of those duties, the number of days to	6219
be worked, the number of days of vacation leave, if any, and any	6220
paid holidays in the contractual year. The salary and other	6221
compensation prescribed by the contract may be increased by the	6222
board during the term of the contract but shall not be reduced	6223
during that term unless such reduction is part of a uniform plan	6224
affecting employees of the entire district. The term of the	6225
initial contract shall not exceed three years. Any renewal of the	6226
contract shall be for a term of not less than two years and not	6227
more than five years.	6228

The internal auditor shall be directly responsible to the	6229
board for the performance of all duties outlined in the contract.	6230
If the board does not intend to renew the contract upon its	6231
expiration, the board shall provide written notice to the internal	6232
auditor of its intention not to renew the contract not later than	6233
the ~~last~~first day of ~~March~~June of the year in which the contract	6234
expires. If the board does not provide such notice by that date,	6235
the internal auditor shall be deemed reemployed for a term of one	6236
year at the same salary plus any increments that may be authorized	6237
by the board. Termination of an internal auditor's contract shall	6238
be pursuant to section 3319.16 of the Revised Code.	6239

(C) Each board that employs an internal auditor shall adopt	6240
procedures for the evaluation of the internal auditor and shall	6241
evaluate the internal auditor in accordance with those procedures.	6242
The evaluation based upon the procedures shall be considered by	6243
the board in deciding whether to renew the internal auditor's	6244
contract of employment. The establishment of an evaluation	6245
procedure shall not create an expectancy of continued employment.	6246
Nothing in this section shall prevent the board from making the	6247
final determination regarding the renewal or nonrenewal of the	6248
contract of an internal auditor.	6249

Sec. 3319.11. (A) As used in this section:

6250

(1) "Evaluation procedures" means the procedures required by	6251
the policy adopted pursuant to division (A) of section 3319.111 of	6252
the Revised Code.	6253

(2) "Limited contract" means a limited contract, as described	6254
in section 3319.08 of the Revised Code, that a school district	6255
board of education or governing board of an educational service	6256
center enters into with a teacher who is not eligible for	6257
continuing service status.	6258

(3) "Extended limited contract" means a limited contract, as	6259
described in section 3319.08 of the Revised Code, that a board of	6260
education or governing board enters into with a teacher who is	6261
eligible for continuing service status.	6262

(B) Teachers eligible for continuing service status in any	6263
city, exempted village, local, or joint vocational school district	6264
or educational service center shall be those teachers qualified as	6265
described in division (D) of section 3319.08 of the Revised Code,	6266
who within the last five years have taught for at least three	6267
years in the district or center, and those teachers who, having	6268
attained continuing contract status elsewhere, have served two	6269
years in the district or center, but the board, upon the	6270
recommendation of the superintendent, may at the time of	6271
employment or at any time within such two-year period, declare any	6272
of the latter teachers eligible.	6273

(1) Upon the recommendation of the superintendent that a	6274
teacher eligible for continuing service status be reemployed, a	6275
continuing contract shall be entered into between the board and	6276
the teacher unless the board by a three-fourths vote of its full	6277
membership rejects the recommendation of the superintendent. If	6278
the board rejects by a three-fourths vote of its full membership	6279
the recommendation of the superintendent that a teacher eligible	6280
for continuing service status be reemployed and the superintendent	6281
makes no recommendation to the board pursuant to division (C) of	6282
this section, the board may declare its intention not to reemploy	6283
the teacher by giving the teacher written notice on or before the	6284
~~thirtieth~~first day of ~~April~~June of its intention not to reemploy	6285
the teacher. If evaluation procedures have not been complied with	6286
pursuant to section 3319.111 of the Revised Code or the board does	6287
not give the teacher written notice on or before the ~~thirtieth~~	6288
first day of ~~April~~June of its intention not to reemploy the	6289
teacher, the teacher is deemed reemployed under an extended	6290
limited contract for a term not to exceed one year at the same	6291
salary plus any increment provided by the salary schedule. The	6292
teacher is presumed to have accepted employment under the extended	6293
limited contract for a term not to exceed one year unless such	6294
teacher notifies the board in writing to the contrary on or before	6295
the ~~first~~fifteenth day of June, and an extended limited contract	6296
for a term not to exceed one year shall be executed accordingly.	6297
Upon any subsequent reemployment of the teacher only a continuing	6298
contract may be entered into.	6299

(2) If the superintendent recommends that a teacher eligible	6300
for continuing service status not be reemployed, the board may	6301
declare its intention not to reemploy the teacher by giving the	6302
teacher written notice on or before the ~~thirtieth~~first day of	6303
~~April~~June of its intention not to reemploy the teacher. If	6304
evaluation procedures have not been complied with pursuant to	6305
section 3319.111 of the Revised Code or the board does not give	6306
the teacher written notice on or before the ~~thirtieth~~first day of	6307
~~April~~June of its intention not to reemploy the teacher, the	6308
teacher is deemed reemployed under an extended limited contract	6309
for a term not to exceed one year at the same salary plus any	6310
increment provided by the salary schedule. The teacher is presumed	6311
to have accepted employment under the extended limited contract	6312
for a term not to exceed one year unless such teacher notifies the	6313
board in writing to the contrary on or before the ~~first~~fifteenth	6314
day of June, and an extended limited contract for a term not to	6315
exceed one year shall be executed accordingly. Upon any subsequent	6316
reemployment of a teacher only a continuing contract may be	6317
entered into.	6318

(3) Any teacher receiving written notice of the intention of	6319
a board not to reemploy such teacher pursuant to this division is	6320
entitled to the hearing provisions of division (G) of this	6321
section.	6322

(C)(1) If a board rejects the recommendation of the	6323
superintendent for reemployment of a teacher pursuant to division	6324
(B)(1) of this section, the superintendent may recommend	6325
reemployment of the teacher, if continuing service status has not	6326
previously been attained elsewhere, under an extended limited	6327
contract for a term not to exceed two years, provided that written	6328
notice of the superintendent's intention to make such	6329
recommendation has been given to the teacher with reasons directed	6330
at the professional improvement of the teacher on or before the	6331
~~thirtieth~~first day of ~~April~~June. Upon subsequent reemployment of	6332
the teacher only a continuing contract may be entered into.	6333

(2) If a board of education takes affirmative action on a	6334
superintendent's recommendation, made pursuant to division (C)(1)	6335
of this section, of an extended limited contract for a term not to	6336
exceed two years but the board does not give the teacher written	6337
notice of its affirmative action on the superintendent's	6338
recommendation of an extended limited contract on or before the	6339
~~thirtieth~~first day of ~~April~~June, the teacher is deemed	6340
reemployed under a continuing contract at the same salary plus any	6341
increment provided by the salary schedule. The teacher is presumed	6342
to have accepted employment under such continuing contract unless	6343
such teacher notifies the board in writing to the contrary on or	6344
before the ~~first~~fifteenth day of June, and a continuing contract	6345
shall be executed accordingly.	6346

(3) A board shall not reject a superintendent's	6347
recommendation, made pursuant to division (C)(1) of this section,	6348
of an extended limited contract for a term not to exceed two years	6349
except by a three-fourths vote of its full membership. If a board	6350
rejects by a three-fourths vote of its full membership the	6351
recommendation of the superintendent of an extended limited	6352
contract for a term not to exceed two years, the board may declare	6353
its intention not to reemploy the teacher by giving the teacher	6354
written notice on or before the ~~thirtieth~~first day of ~~April~~June	6355
of its intention not to reemploy the teacher. If evaluation	6356
procedures have not been complied with pursuant to section	6357
3319.111 of the Revised Code or if the board does not give the	6358
teacher written notice on or before the ~~thirtieth~~first day of	6359
~~April~~June of its intention not to reemploy the teacher, the	6360
teacher is deemed reemployed under an extended limited contract	6361
for a term not to exceed one year at the same salary plus any	6362
increment provided by the salary schedule. The teacher is presumed	6363
to have accepted employment under the extended limited contract	6364
for a term not to exceed one year unless such teacher notifies the	6365
board in writing to the contrary on or before the ~~first~~fifteenth	6366
day of June, and an extended limited contract for a term not to	6367
exceed one year shall be executed accordingly. Upon any subsequent	6368
reemployment of the teacher only a continuing contract may be	6369
entered into.	6370

Any teacher receiving written notice of the intention of a	6371
board not to reemploy such teacher pursuant to this division is	6372
entitled to the hearing provisions of division (G) of this	6373
section.	6374

(D) A teacher eligible for continuing contract status	6375
employed under an extended limited contract pursuant to division	6376
(B) or (C) of this section, is, at the expiration of such extended	6377
limited contract, deemed reemployed under a continuing contract at	6378
the same salary plus any increment granted by the salary schedule,	6379
unless evaluation procedures have been complied with pursuant to	6380
section 3319.111 of the Revised Code and the employing board,	6381
acting on the superintendent's recommendation that the teacher not	6382
be reemployed, gives the teacher written notice on or before the	6383
~~thirtieth~~first day of ~~April~~June of its intention not to reemploy	6384
such teacher. A teacher who does not have evaluation procedures	6385
applied in compliance with section 3319.111 of the Revised Code or	6386
who does not receive notice on or before the ~~thirtieth~~first day	6387
of ~~April~~June of the intention of the board not to reemploy such	6388
teacher is presumed to have accepted employment under a continuing	6389
contract unless such teacher notifies the board in writing to the	6390
contrary on or before the ~~first~~fifteenth day of June, and a	6391
continuing contract shall be executed accordingly.	6392

Any teacher receiving a written notice of the intention of a	6393
board not to reemploy such teacher pursuant to this division is	6394
entitled to the hearing provisions of division (G) of this	6395
section.	6396

(E) The board shall enter into a limited contract with each	6397
teacher employed by the board who is not eligible to be considered	6398
for a continuing contract.	6399

Any teacher employed under a limited contract, and not	6400
eligible to be considered for a continuing contract, is, at the	6401
expiration of such limited contract, considered reemployed under	6402
the provisions of this division at the same salary plus any	6403
increment provided by the salary schedule unless evaluation	6404
procedures have been complied with pursuant to section 3319.111 of	6405
the Revised Code and the employing board, acting upon the	6406
superintendent's written recommendation that the teacher not be	6407
reemployed, gives such teacher written notice of its intention not	6408
to reemploy such teacher on or before the ~~thirtieth~~first day of	6409
~~April~~June. A teacher who does not have evaluation procedures	6410
applied in compliance with section 3319.111 of the Revised Code or	6411
who does not receive notice of the intention of the board not to	6412
reemploy such teacher on or before the ~~thirtieth~~first day of	6413
~~April~~June is presumed to have accepted such employment unless	6414
such teacher notifies the board in writing to the contrary on or	6415
before the ~~first~~fifteenth day of June, and a written contract for	6416
the succeeding school year shall be executed accordingly.	6417

Any teacher receiving a written notice of the intention of a	6418
board not to reemploy such teacher pursuant to this division is	6419
entitled to the hearing provisions of division (G) of this	6420
section.	6421

(F) The failure of a superintendent to make a recommendation	6422
to the board under any of the conditions set forth in divisions	6423
(B) to (E) of this section, or the failure of the board to give	6424
such teacher a written notice pursuant to divisions (C) to (E) of	6425
this section shall not prejudice or prevent a teacher from being	6426
deemed reemployed under either a limited or continuing contract as	6427
the case may be under the provisions of this section. A failure of	6428
the parties to execute a written contract shall not void any	6429
automatic reemployment provisions of this section.	6430

(G)(1) Any teacher receiving written notice of the intention	6431
of a board of education not to reemploy such teacher pursuant to	6432
division (B), (C)(3), (D), or (E) of this section may, within ten	6433
days of the date of receipt of the notice, file with the treasurer	6434
of the board a written demand for a written statement describing	6435
the circumstances that led to the board's intention not to	6436
reemploy the teacher.	6437

(2) The treasurer of a board, on behalf of the board, shall,	6438
within ten days of the date of receipt of a written demand for a	6439
written statement pursuant to division (G)(1) of this section,	6440
provide to the teacher a written statement describing the	6441
circumstances that led to the board's intention not to reemploy	6442
the teacher.	6443

(3) Any teacher receiving a written statement describing the	6444
circumstances that led to the board's intention not to reemploy	6445
the teacher pursuant to division (G)(2) of this section may,	6446
within five days of the date of receipt of the statement, file	6447
with the treasurer of the board a written demand for a hearing	6448
before the board pursuant to divisions (G)(4) to (6) of this	6449
section.	6450

(4) The treasurer of a board, on behalf of the board, shall,	6451
within ten days of the date of receipt of a written demand for a	6452
hearing pursuant to division (G)(3) of this section, provide to	6453
the teacher a written notice setting forth the time, date, and	6454
place of the hearing. The board shall schedule and conclude the	6455
hearing within forty days of the date on which the treasurer of	6456
the board receives a written demand for a hearing pursuant to	6457
division (G)(3) of this section.	6458

(5) Any hearing conducted pursuant to this division shall be	6459
conducted by a majority of the members of the board. The hearing	6460
shall be held in executive session of the board unless the board	6461
and the teacher agree to hold the hearing in public. The	6462
superintendent, assistant superintendent, the teacher, and any	6463
person designated by either party to take a record of the hearing	6464
may be present at the hearing. The board may be represented by	6465
counsel and the teacher may be represented by counsel or a	6466
designee. A record of the hearing may be taken by either party at	6467
the expense of the party taking the record.	6468

(6) Within ten days of the conclusion of a hearing conducted	6469
pursuant to this division, the board shall issue to the teacher a	6470
written decision containing an order affirming the intention of	6471
the board not to reemploy the teacher reported in the notice given	6472
to the teacher pursuant to division (B), (C)(3), (D), or (E) of	6473
this section or an order vacating the intention not to reemploy	6474
and expunging any record of the intention, notice of the	6475
intention, and the hearing conducted pursuant to this division.	6476

(7) A teacher may appeal an order affirming the intention of	6477
the board not to reemploy the teacher to the court of common pleas	6478
of the county in which the largest portion of the territory of the	6479
school district or service center is located, within thirty days	6480
of the date on which the teacher receives the written decision, on	6481
the grounds that the board has not complied with this section or	6482
section 3319.111 of the Revised Code.	6483

Notwithstanding section 2506.04 of the Revised Code, the	6484
court in an appeal under this division is limited to the	6485
determination of procedural errors and to ordering the correction	6486
of procedural errors and shall have no jurisdiction to order a	6487
board to reemploy a teacher, except that the court may order a	6488
board to reemploy a teacher in compliance with the requirements of	6489
division (B), (C)(3), (D), or (E) of this section when the court	6490
determines that evaluation procedures have not been complied with	6491
pursuant to section 3319.111 of the Revised Code or the board has	6492
not given the teacher written notice on or before the ~~thirtieth~~	6493
first day of ~~April~~June of its intention not to reemploy the	6494
teacher pursuant to division (B), (C)(3), (D), or (E) of this	6495
section. Otherwise, the determination whether to reemploy or not	6496
reemploy a teacher is solely a board's determination and not a	6497
proper subject of judicial review and, except as provided in this	6498
division, no decision of a board whether to reemploy or not	6499
reemploy a teacher shall be invalidated by the court on any basis,	6500
including that the decision was not warranted by the results of	6501
any evaluation or was not warranted by any statement given	6502
pursuant to division (G)(2) of this section.	6503

No appeal of an order of a board may be made except as	6504
specified in this division.	6505

(H)(1) In giving a teacher any notice required by division	6506
(B), (C), (D), or (E) of this section, the board or the	6507
superintendent shall do either of the following:	6508

(a) Deliver the notice by personal service upon the teacher;

6509

(b) Deliver the notice by certified mail, return receipt	6510
requested, addressed to the teacher at the teacher's place of	6511
employment and deliver a copy of the notice by certified mail,	6512
return receipt requested, addressed to the teacher at the	6513
teacher's place of residence.	6514

(2) In giving a board any notice required by division (B),	6515
(C), (D), or (E) of this section, the teacher shall do either of	6516
the following:	6517

(a) Deliver the notice by personal delivery to the office of	6518
the superintendent during regular business hours;	6519

(b) Deliver the notice by certified mail, return receipt	6520
requested, addressed to the office of the superintendent and	6521
deliver a copy of the notice by certified mail, return receipt	6522
requested, addressed to the president of the board at the	6523
president's place of residence.	6524

(3) When any notice and copy of the notice are mailed	6525
pursuant to division (H)(1)(b) or (2)(b) of this section, the	6526
notice or copy of the notice with the earlier date of receipt	6527
shall constitute the notice for the purposes of division (B), (C),	6528
(D), or (E) of this section.	6529

(I) The provisions of this section shall not apply to any	6530
supplemental written contracts entered into pursuant to section	6531
3319.08 of the Revised Code.	6532

Sec. 3319.111. Notwithstanding section 3319.09 of the Revised	6533
Code, this section applies to any person who is employed under a	6534
teacher license issued under this chapter, or under a professional	6535
or permanent teacher's certificate issued under former section	6536
3319.222 of the Revised Code, and who spends at least fifty per	6537
cent of the time employed providing student instruction. However,	6538
this section does not apply to any person who is employed as a	6539
substitute teacher.	6540

(A) Not later than July 1, 2013, the board of education of	6541
each school district, in consultation with teachers employed by	6542
the board, shall adopt a standards-based teacher evaluation policy	6543
that conforms with the framework for evaluation of teachers	6544
developed under section 3319.112 of the Revised Code. The policy	6545
shall become operative at the expiration of any collective	6546
bargaining agreement covering teachers employed by the board that	6547
is in effect on the effective date of this section and shall be	6548
included in any renewal or extension of such an agreement.	6549

(B) When using measures of student academic growth as a	6550
component of a teacher's evaluation, those measures shall include	6551
the value-added progress dimension prescribed by section 3302.021	6552
of the Revised Code. For teachers of grade levels and subjects for	6553
which the value-added progress dimension is not applicable, the	6554
board shall administer assessments on the list developed under	6555
division (B)(2) of section 3319.112 of the Revised Code.	6556

(C)(1) The board shall conduct an evaluation of each teacher	6557
employed by the board at least once each school year, except as	6558
provided in ~~divisions~~division (C)(2) ~~and (3)~~ of this section. The	6559
evaluation shall be completed by the first day of ~~April~~May and	6560
the teacher shall receive a written report of the results of the	6561
evaluation by the tenth day of ~~April~~May.	6562

(2) ~~If the board has entered into a limited contract or~~	6563
~~extended limited contract with the teacher pursuant to section~~	6564
~~3319.11 of the Revised Code, the board shall evaluate the teacher~~	6565
~~at least twice in any school year in which the board may wish to~~	6566
~~declare its intention not to re-employ the teacher pursuant to~~	6567
~~division (B), (C)(3), (D), or (E) of that section. One evaluation~~	6568
~~shall be conducted and completed not later than the fifteenth day~~	6569
~~of January and the teacher being evaluated shall receive a written~~	6570
~~report of the results of this evaluation not later than the~~	6571
~~twenty-fifth day of January. One evaluation shall be conducted and~~	6572
~~completed between the tenth day of February and the first day of~~	6573
~~April and the teacher being evaluated shall receive a written~~	6574
~~report of the results of this evaluation not later than the tenth~~	6575
~~day of April.~~	6576

~~(3)~~ The board may elect, by adoption of a resolution, to	6577
evaluate each teacher who received a rating of accomplished on the	6578
teacher's most recent evaluation conducted under this section once	6579
every two school years. In that case, the biennial evaluation	6580
shall be completed by the first day of ~~April~~May of the applicable	6581
school year, and the teacher shall receive a written report of the	6582
results of the evaluation by the tenth day of ~~April~~May of that	6583
school year.	6584

(D) Each evaluation conducted pursuant to this section shall	6585
be conducted by one or more of the following persons who hold a	6586
credential established by the department of education for being an	6587
evaluator:	6588

(1) A person who is under contract with the board pursuant to	6589
section 3319.01 or 3319.02 of the Revised Code and holds a license	6590
designated for being a superintendent, assistant superintendent,	6591
or principal issued under section 3319.22 of the Revised Code;	6592

(2) A person who is under contract with the board pursuant to	6593
section 3319.02 of the Revised Code and holds a license designated	6594
for being a vocational director, administrative specialist, or a	6595
supervisor in any educational area issued under section 3319.22 of	6596
the Revised Code;	6597

(3) A person designated to conduct evaluations under an	6598
agreement ~~providing for peer review~~ entered into by the board,	6599
including an agreement providing for peer review entered into by	6600
the board and representatives of teachers employed by the board;	6601

(4) A person who is employed by an entity contracted by the	6602
board to conduct evaluations and who holds a license designated	6603
for being a superintendent, assistant superintendent, principal,	6604
vocational director, administrative specialist, or supervisor in	6605
any educational area issued under section 3319.22 of the Revised	6606
Code or is qualified to conduct evaluations.	6607

(E) Notwithstanding division (A)(3) of section 3319.112 of	6608
the Revised Code:	6609

(1) The board shall require at least three formal	6610
observations of each teacher who is under consideration for	6611
nonrenewal and with whom the board has entered into a limited	6612
contract or an extended limited contract under section 3319.11 of	6613
the Revised Code.	6614

(2) The board may elect, by adoption of a resolution, to	6615
require only one formal observation of a teacher who received a	6616
rating of accomplished on the teacher's most recent evaluation	6617
conducted under this section, provided the teacher completes a	6618
project that has been approved by the board to demonstrate the	6619
teacher's continued growth and practice at the accomplished level.	6620

(F) The board shall include in its evaluation policy	6621
procedures for using the evaluation results for retention and	6622
promotion decisions and for removal of poorly performing teachers.	6623
Seniority shall not be the basis for a decision to retain a	6624
teacher, except when making a decision between teachers who have	6625
comparable evaluations.	6626

~~(F) This section does not apply to superintendents and~~	6627
~~administrators subject to evaluation procedures under sections~~	6628
~~3319.01 and 3319.02 of the Revised Code or to any teacher employed~~	6629
~~as a substitute for less than one hundred twenty days during a~~	6630
~~school year pursuant to section 3319.10 of the Revised Code.~~	6631

(G) For purposes of section 3333.0411 of the Revised Code,	6632
the board annually shall report to the department of education the	6633
number of teachers for whom an evaluation was conducted under this	6634
section and the number of teachers assigned each rating prescribed	6635
under division (B)(1) of section 3319.112 of the Revised Code,	6636
aggregated by the teacher preparation programs from which and the	6637
years in which the teachers graduated. The department shall	6638
establish guidelines for reporting the information required by	6639
this division. The guidelines shall not permit or require that the	6640
name of, or any other personally identifiable information about,	6641
any teacher be reported under this division.	6642

(H) Notwithstanding any provision to the contrary in Chapter	6643
4117. of the Revised Code, the requirements of this section	6644
prevail over any conflicting provisions of a collective bargaining	6645
agreement entered into on or after the effective date of this	6646
amendment.	6647

Sec. 3319.112. (A) Not later than December 31, 2011, the	6648
state board of education shall develop a standards-based state	6649
framework for the evaluation of teachers. The state board may	6650
update the framework periodically by adoption of a resolution. The	6651
framework shall establish an evaluation system that does the	6652
following:	6653

(1) Provides for multiple evaluation factors, including	6654
student academic growth which shall account for fifty per cent of	6655
each evaluation;. In calculating student academic growth for an	6656
evaluation, a student shall not be included if the student has	6657
sixty or more unexcused absences for the school year.	6658

(2) Is aligned with the standards for teachers adopted under	6659
section 3319.61 of the Revised Code;	6660

(3) Requires observation of the teacher being evaluated,	6661
including at least two formal observations by the evaluator of at	6662
least thirty minutes each and classroom walkthroughs;	6663

(4) Assigns a rating on each evaluation in accordance with	6664
division (B) of this section;	6665

(5) Requires each teacher to be provided with a written	6666
report of the results of the teacher's evaluation;	6667

(6) Identifies measures of student academic growth for grade	6668
levels and subjects for which the value-added progress dimension	6669
prescribed by section 3302.021 of the Revised Code does not apply;	6670

(7) Implements a classroom-level, value-added program	6671
developed by a nonprofit organization described in division (B) of	6672
section 3302.021 of the Revised Code;	6673

(8) Provides for professional development to accelerate and	6674
continue teacher growth and provide support to poorly performing	6675
teachers;	6676

(9) Provides for the allocation of financial resources to	6677
support professional development.	6678

(B) For purposes of the framework developed under this	6679
section, the state board also shall do the following:	6680

(1) Develop specific standards and criteria that distinguish	6681
between the following levels of performance for teachers and	6682
principals for the purpose of assigning ratings on the evaluations	6683
conducted under sections 3319.02 and 3319.111 of the Revised Code:	6684

(a) Accomplished;

6685

(b) Proficient;

6686

6687

(d) Ineffective.

6688

(2) For grade levels and subjects for which the assessments	6689
prescribed under sections 3301.0710 and 3301.0712 of the Revised	6690
Code and the value-added progress dimension prescribed by section	6691
3302.021 of the Revised Code do not apply, develop a list of	6692
student assessments that measure mastery of the course content for	6693
the appropriate grade level, which may include nationally normed	6694
standardized assessments, industry certification examinations, or	6695
end-of-course examinations.	6696

(C) The state board shall consult with experts, teachers and	6697
principals employed in public schools, and representatives of	6698
stakeholder groups in developing the standards and criteria	6699
required by division (B)(1) of this section.	6700

(D) To assist school districts in developing evaluation	6701
policies under sections 3319.02 and 3319.111 of the Revised Code,	6702
the department shall do both of the following:	6703

(1) Serve as a clearinghouse of promising evaluation	6704
procedures and evaluation models that districts may use;	6705

(2) Provide technical assistance to districts in creating	6706
evaluation policies.	6707

(E) Not later than June 30, 2013, the state board, in	6708
consultation with state agencies that employ teachers, shall	6709
develop a standards-based framework for the evaluation of teachers	6710
employed by those agencies. Each state agency that employs	6711
teachers shall adopt a standards-based teacher evaluation policy	6712
that conforms with the framework developed under this division.	6713
The policy shall become operative at the expiration of any	6714
collective bargaining agreement covering teachers employed by the	6715
agency that is in effect on the effective date of this amendment	6716
and shall be included in any renewal or extension of such an	6717
agreement.	6718

Sec. 3319.58. (A) As used in this section, "core subject	6719
area" has the same meaning as in section 3319.074 of the Revised	6720
Code.	6721

(B) Each year, beginning with the 2015-2016 school year, the	6722
board of education of each city, exempted village, local, and	6723
joint vocational school district shall require each classroom	6724
teacher who is currently teaching in a core subject area and has	6725
received a rating of ineffective on the evaluations conducted	6726
under section 3319.111 of the Revised Code for two of the three	6727
most recent school years to register for and take all written	6728
examinations of content knowledge selected by the department of	6729
education as appropriate to determine expertise to teach that core	6730
subject area and the grade level to which the teacher is assigned.	6731

(C) Each year, beginning with the 2015-2016 school year, the	6732
~~board of education of each city, exempted village, and local~~	6733
~~school district,~~ governing authority of each community school	6734
established under Chapter 3314. of the Revised Code, and governing	6735
body of each STEM school established under Chapter 3326. of the	6736
Revised Code with a building ranked in the lowest ten per cent of	6737
all public school buildings according to performance index score,	6738
under section 3302.21 of the Revised Code, shall require each	6739
classroom teacher currently teaching in a core subject area in	6740
such a building to register for and take all written examinations	6741
~~prescribed by the state board of education for licensure~~of	6742
content knowledge selected by the department as appropriate to	6743
determine expertise to teach that core subject area and the grade	6744
level to which the teacher is assigned ~~under section 3319.22 of~~	6745
~~the Revised Code~~. ~~However, if~~	6746

(D) If a teacher who takes an examination under division (B)	6747
of this section passes that examination and provides proof of that	6748
passage to the teacher's employer, the employer shall require the	6749
teacher, at the teacher's expense, to complete professional	6750
development that is targeted to the deficiencies identified in the	6751
teacher's evaluations conducted under section 3319.111 of the	6752
Revised Code. The receipt by the teacher of a rating of	6753
ineffective on the teacher's next evaluation after completion of	6754
the professional development, or the failure of the teacher to	6755
complete the professional development, shall be grounds for	6756
termination of the teacher under section 3319.16 of the Revised	6757
Code.	6758

(E) If a teacher who takes ~~a prescribed~~an examination under	6759
this ~~division~~section passes that examination and provides proof	6760
of that passage to the teacher's employer, the teacher shall not	6761
be required to take the examination again for three years,	6762
regardless of the teacher's evaluation ratings or the performance	6763
index score ranking of the building in which the teacher teaches.	6764
No teacher shall be responsible for the cost of taking an	6765
examination under this ~~division~~section.	6766

~~(C)~~(F) Each district board of education, each community	6767
school governing authority, and each STEM school governing body	6768
may use the results of a teacher's examinations required under	6769
division (B) or (C) of this section in developing and revising	6770
professional development plans and in deciding whether or not to	6771
continue employing the teacher in accordance with the provisions	6772
of this chapter or Chapter 3314. or 3326. of the Revised Code.	6773
However, no decision to terminate or not to renew a teacher's	6774
employment contract shall be made solely on the basis of the	6775
results of a teacher's examination under this section until and	6776
unless the teacher has not attained a passing score on the same	6777
required examination for at least three consecutive	6778
administrations of that examination.	6779

Sec. 3321.01. (A)(1) As used in this chapter, "parent,"	6780
"guardian," or "other person having charge or care of a child"	6781
means either parent unless the parents are separated or divorced	6782
or their marriage has been dissolved or annulled, in which case	6783
"parent" means the parent who is the residential parent and legal	6784
custodian of the child. If the child is in the legal or permanent	6785
custody of a person or government agency, "parent" means that	6786
person or government agency. When a child is a resident of a home,	6787
as defined in section 3313.64 of the Revised Code, and the child's	6788
parent is not a resident of this state, "parent," "guardian," or	6789
"other person having charge or care of a child" means the head of	6790
the home.	6791

A child between six and eighteen years of age is "of	6792
compulsory school age" for the purpose of sections 3321.01 to	6793
3321.13 of the Revised Code. A child under six years of age who	6794
has been enrolled in kindergarten also shall be considered "of	6795
compulsory school age" for the purpose of sections 3321.01 to	6796
3321.13 of the Revised Code unless at any time the child's parent	6797
or guardian, at the parent's or guardian's discretion and in	6798
consultation with the child's teacher and principal, formally	6799
withdraws the child from kindergarten. The compulsory school age	6800
of a child shall not commence until the beginning of the term of	6801
such schools, or other time in the school year fixed by the rules	6802
of the board of the district in which the child resides.	6803

(2) No child shall be admitted to a kindergarten or a first	6804
grade of a public school in a district in which all children are	6805
admitted to kindergarten and the first grade in August or	6806
September unless the child is five or six years of age,	6807
respectively, by the thirtieth day of September of the year of	6808
admittance, or by the first day of a term or semester other than	6809
one beginning in August or September in school districts granting	6810
admittance at the beginning of such term or semester, ~~except that~~	6811
~~in those school districts using or obtaining educationally~~	6812
~~accepted standardized testing programs for determining entrance,~~	6813
~~as approved by the board of education of such districts, the board~~	6814
~~shall admit a child to kindergarten or the first grade who fails~~	6815
~~to meet the age requirement, provided the child meets necessary~~	6816
~~standards as determined by such standardized testing programs. If~~	6817
~~the board of education has not established a standardized testing~~	6818
~~program, the board shall designate the necessary standards and a~~	6819
~~testing program it will accept for the purpose of admitting a~~	6820
~~child to kindergarten or first grade who fails to meet the age~~	6821
~~requirement. Each child who will be the proper age for entrance to~~	6822
~~kindergarten or first grade by the first day of January of the~~	6823
~~school year for which admission is requested shall be so tested~~	6824
~~upon the request of the child's parent~~unless the child has been	6825
recommended for early admittance in accordance with the district's	6826
acceleration policy adopted under section 3324.10 of the Revised	6827
Code. A child who does not meet the age requirement for admittance	6828
to kindergarten or first grade shall be evaluated for early	6829
admittance upon referral by the child's parent or guardian, an	6830
educator employed by the district, a preschool educator who knows	6831
the child, or a pediatrician or psychologist who knows the child.	6832

(3) Notwithstanding ~~divisions~~division (A)(2) ~~and (D)~~ of this	6833
section, beginning with the school year that starts in 2001 and	6834
continuing thereafter the board of education of any district may	6835
adopt a resolution establishing the first day of August in lieu of	6836
the thirtieth day of September as the required date by which	6837
students must have attained the age specified in ~~those divisions~~	6838
that division.	6839

(4) After a student has been admitted to kindergarten in a	6840
school district or chartered nonpublic school, no board of	6841
education of a school district to which the student transfers	6842
shall deny that student admission based on the student's age.	6843

(B) As used in ~~divisions~~division (C) ~~and (D)~~ of this	6844
section, "successfully completed kindergarten" ~~and "successful~~	6845
~~completion of kindergarten" mean~~means that the child has	6846
completed the kindergarten requirements at one of the following:	6847

(1) A public or chartered nonpublic school;

6848

(2) A kindergarten class that is both of the following:

6849

(a) Offered by a day-care provider licensed under Chapter	6850
5104. of the Revised Code;	6851

(b) If offered after July 1, 1991, is directly taught by a	6852
teacher who holds one of the following:	6853

(i) A valid educator license issued under section 3319.22 of	6854
the Revised Code;	6855

(ii) A Montessori preprimary credential or age-appropriate	6856
diploma granted by the American Montessori society or the	6857
association Montessori internationale;	6858

(iii) Certification determined under division ~~(G)~~(F) of this	6859
section to be equivalent to that described in division	6860
(B)(2)(b)(ii) of this section;	6861

(iv) Certification for teachers in nontax-supported schools	6862
pursuant to section 3301.071 of the Revised Code.	6863

(C) Except as provided in division ~~(D)~~(A)(2) of this section,	6864
no school district shall admit to the first grade any child who	6865
has not successfully completed kindergarten.	6866

(D) ~~Upon request of a parent, the requirement of division (C)~~	6867
~~of this section may be waived by the district's pupil personnel~~	6868
~~services committee in the case of a child who is at least six~~	6869
~~years of age by the thirtieth day of September of the year of~~	6870
~~admittance and who demonstrates to the satisfaction of the~~	6871
~~committee the possession of the social, emotional, and cognitive~~	6872
~~skills necessary for first grade.~~	6873

~~The board of education of each city, local, and exempted~~	6874
~~village school district shall establish a pupil personnel services~~	6875
~~committee. The committee shall be composed of all of the following~~	6876
~~to the extent such personnel are either employed by the district~~	6877
~~or employed by the governing board of the educational service~~	6878
~~center within whose territory the district is located and the~~	6879
~~educational service center generally furnishes the services of~~	6880
~~such personnel to the district:~~	6881

~~(1) The director of pupil personnel services;~~

6882

~~(2) An elementary school counselor;~~

6883

~~(3) An elementary school principal;~~

6884

~~(4) A school psychologist;~~

6885

~~(5) A teacher assigned to teach first grade;~~

6886

~~(6) A gifted coordinator.~~

6887

~~The responsibilities of the pupil personnel services~~	6888
~~committee shall be limited to the issuing of waivers allowing~~	6889
~~admittance to the first grade without the successful completion of~~	6890
~~kindergarten. The committee shall have no other authority except~~	6891
~~as specified in this section.~~	6892

~~(E)~~ The scheduling of times for kindergarten classes and	6893
length of the school day for kindergarten shall be determined by	6894
the board of education of a city, exempted village, or local	6895
school district.	6896

~~(F)~~(E) Any kindergarten class offered by a day-care provider	6897
or school described by division (B)(1) or (B)(2)(a) of this	6898
section shall be developmentally appropriate.	6899

~~(G)~~(F) Upon written request of a day-care provider described	6900
by division (B)(2)(a) of this section, the department of education	6901
shall determine whether certification held by a teacher employed	6902
by the provider meets the requirement of division (B)(2)(b)(iii)	6903
of this section and, if so, shall furnish the provider a statement	6904
to that effect.	6905

~~(H)~~(G) As used in this division, "all-day kindergarten" has	6906
the same meaning as in section 3321.05 of the Revised Code.	6907

(1) Any school district that did not receive for fiscal year	6908
2009 poverty-based assistance for all-day kindergarten under	6909
division (D) of section 3317.029 of the Revised Code may charge	6910
fees or tuition for students enrolled in all-day kindergarten. If	6911
a district charges fees or tuition for all-day kindergarten under	6912
this division, the district shall develop a sliding fee scale	6913
based on family incomes.	6914

(2) The department of education shall conduct an annual	6915
survey of each school district described in division ~~(H)~~(G)(1) of	6916
this section to determine the following:	6917

(a) Whether the district charges fees or tuition for students	6918
enrolled in all-day kindergarten;	6919

(b) The amount of the fees or tuition charged;

6920

(c) How many of the students for whom tuition is charged are	6921
eligible for free lunches under the "National School Lunch Act,"	6922
60 Stat. 230 (1946), 42 U.S.C. 1751, as amended, and the "Child	6923
Nutrition Act of 1966," 80 Stat. 885, 42 U.S.C. 1771, as amended,	6924
and how many of the students for whom tuition is charged are	6925
eligible for reduced price lunches under those acts;	6926

(d) How many students are enrolled in traditional half-day	6927
kindergarten rather than all-day kindergarten.	6928

Each district shall report to the department, in the manner	6929
prescribed by the department, the information described in	6930
divisions ~~(H)~~(G)(2)(a) to (d) of this section.	6931

The department shall issue an annual report on the results of	6932
the survey and shall post the report on its web site. The	6933
department shall issue the first report not later than April 30,	6934
2008, and shall issue a report not later than the thirtieth day of	6935
April each year thereafter.	6936

Sec. 3323.011. As used in this chapter, "individualized	6937
education program" or "IEP" means a written statement for each	6938
child with a disability that is developed, reviewed, and revised	6939
in accordance with this definition and that includes:	6940

(A) A statement of the child's present levels of academic	6941
achievement and functional performance, including:	6942

(1) How the child's disability affects the child's	6943
involvement and progress in the general education curriculum;	6944

(2) For a preschool child with a disability, as appropriate,	6945
how the disability affects the child's participation in	6946
appropriate activities;	6947

(3) For a child with a disability who is not a preschool	6948
child and who will take alternate assessments aligned to alternate	6949
achievement standards, a description of benchmarks or short-term	6950
objectives.	6951

(B) A statement of measurable annual goals, including	6952
academic and functional goals and, at the discretion of the	6953
department of education, short-term instructional objectives that	6954
are designed to:	6955

(1) Meet the child's needs that result from the child's	6956
disability so as to enable the child to be involved in and make	6957
progress in the general education curriculum;	6958

(2) Meet each of the child's other educational needs that	6959
result from the child's disability.	6960

(C) A description of how the child's progress toward meeting	6961
the annual goals described pursuant to division (B) of this	6962
section will be measured and when periodic reports on the progress	6963
the child is making toward meeting the annual goals will be	6964
provided. Such reports may be quarterly or other periodic reports	6965
that are issued concurrent with the issuance of regular report	6966
cards.	6967

(D) A statement of the special education and related services	6968
and supplementary aids and services, based on peer-reviewed	6969
research to the extent practicable, to be provided to the child,	6970
or on behalf of the child, and a statement of the program	6971
modifications or supports for school personnel that will be	6972
provided for the child so that the child may:	6973

(1) Advance appropriately toward attaining the annual goals	6974
described pursuant to division (B) of this section;	6975

(2) Be involved in and make progress in the general education	6976
curriculum and participate in extracurricular and other	6977
nonacademic activities;	6978

(3) Be educated with and participate with both other children	6979
with disabilities and nondisabled children in the specific	6980
activities described pursuant to division (D) of this section.	6981

(E) An explanation of the extent, if any, to which the child	6982
will not participate with nondisabled children in the regular	6983
class, including an early childhood education setting, and in the	6984
activities described pursuant to division (D) of this section;	6985

(F) A statement of any individual appropriate accommodations	6986
that are necessary to measure the academic achievement and	6987
functional performance of the child on state and districtwide	6988
assessments consistent with section 612(a)(16) of the "Individuals	6989
with Disabilities Education Improvement Act of 2004," 20 U.S.C.	6990
1412(a)(16). If the IEP team determines that the child shall take	6991
an alternate assessment on a particular state or districtwide	6992
assessment of student achievement, the IEP shall contain a	6993
statement of why the child cannot participate in the regular	6994
assessment and why the particular alternate assessment selected is	6995
appropriate for the child.	6996

(G) The projected date for the beginning of the services and	6997
modifications described pursuant to division (D) of this section	6998
and the anticipated frequency, location, and duration of those	6999
services and modifications;	7000

(H) Beginning not later than the first IEP to be in effect	7001
when the child is ~~sixteen~~fourteen years of age, and updated	7002
annually thereafter, a statement describing:	7003

(1) Appropriate measurable post-secondary goals based upon	7004
age-appropriate transition assessments related to training,	7005
education, ~~employment,~~ and independent living skills;	7006

(2) Appropriate measurable post-secondary goals based on	7007
age-appropriate transition assessments related to employment in a	7008
competitive environment in which workers are integrated regardless	7009
of disability;	7010

(3) The transition services, including courses of study,	7011
needed to assist the child in reaching the goals described in	7012
~~division~~divisions (H)(1) and (2) of this section.	7013

(I) Beginning not later than one year before the child	7014
reaches eighteen years of age, a statement that the child has been	7015
informed of the child's rights under Title XX of the United States	7016
Code that will transfer to the child on reaching eighteen years of	7017
age in accordance with section 615(m) of the "Individuals with	7018
Disabilities Education Improvement Act of 2004," 20 U.S.C.	7019
1415(m).	7020

Nothing in this section shall be construed to require that	7021
additional information be included in a child's IEP beyond the	7022
items explicitly required by this section and that the IEP team	7023
include information under one component of a child's IEP that is	7024
already contained under another component of the IEP.	7025

Sec. 3323.052. (A) Not later than ~~sixty days after the~~	7026
~~effective date of this section~~November 28, 2011, the department	7027
of education shall develop a document that compares a parent's and	7028
child's rights under this chapter and 20 U.S.C. 1400 et seq. with	7029
the parent's and child's rights under the Jon Peterson special	7030
needs scholarship program, established in sections 3310.51 to	7031
3310.64 of the Revised Code, including the deadline for	7032
application for a scholarship or renewal of a scholarship and	7033
notice of that application to the child's school district,	7034
prescribed in division (C) of section 3310.52 of the Revised Code,	7035
and the provisions of divisions (A) and (B) of section 3310.53 of	7036
the Revised Code. The department shall revise that document as	7037
necessary to reflect any pertinent changes in state or federal	7038
statutory law, rule, or regulation enacted or adopted after the	7039
initial document is developed. ~~The~~	7040

(B) The department and each school district shall ensure that	7041
the document prescribed in division (A) of this section is	7042
included in, appended to, or otherwise distributed in conjunction	7043
with the notice required under 20 U.S.C. 1415(d), and any	7044
provision of the Code of Federal Regulations implementing that	7045
requirement, in the manner and at all the times specified for such	7046
notice in federal law or regulation. As	7047

(C) In addition to the requirement prescribed by division (B)	7048
of this section, each time a child's school district completes an	7049
evaluation for a child with a disability or undertakes the	7050
development, review, or revision of the child's IEP, the district	7051
shall notify the child's parent, by letter or electronic means,	7052
about both the autism scholarship program, under section 3310.41	7053
of the Revised Code, and the Jon Peterson special needs	7054
scholarship program, under sections 3310.51 to 3310.64 of the	7055
Revised Code. The notice shall include the following statement:	7056

"Your child may be eligible for a scholarship under the	7057
Autism Scholarship Program or the Jon Peterson Special Needs	7058
Scholarship Program to attend a special education program that	7059
implements the child's individualized education program and that	7060
is operated by an alternative public provider or by a registered	7061
private provider."	7062

The notice shall include the telephone number of the office	7063
of the department responsible for administering the scholarship	7064
programs and the specific location of scholarship information on	7065
the department's web site.	7066

(D) As used in this section, a "child's school district"	7067
means the school district in which the child is entitled to attend	7068
school under section 3313.64 or 3313.65 of the Revised Code.	7069

Sec. 3323.19. (A) Within three months after a student	7070
identified with disabilities begins receiving services for the	7071
first time under an individualized education program, the school	7072
district in which that student is enrolled shall require the	7073
student to undergo a comprehensive eye examination performed	7074
either by an optometrist licensed under Chapter 4725. of the	7075
Revised Code or by a physician authorized under Chapter 4731. of	7076
the Revised Code to practice medicine and surgery or osteopathic	7077
medicine and surgery who is comprehensively trained and educated	7078
in the treatment of the human eye, eye disease, or comprehensive	7079
vision services, unless the student underwent such an examination	7080
within the nine-month period immediately prior to being identified	7081
with disabilities.	7082

However, no student who has not undergone the eye examination	7083
required under this section shall be prohibited from initiating,	7084
receiving, or continuing to receive services prescribed in the	7085
student's individualized education program.	7086

(B) The superintendent of each school district or the	7087
superintendent's designee may determine fulfillment of the	7088
requirement prescribed in division (A) of this section based on	7089
any special circumstances of the student, the student's parent,	7090
guardian, or family that may prevent the student from undergoing	7091
the eye examination prior to beginning special education services.	7092

(C) Except for a student who may be entitled to a	7093
comprehensive eye examination in the identification of the	7094
student's disabilities, in the development of the student's	7095
individualized education program, or as a related service under	7096
the student's individualized education program, neither the state	7097
nor any school district shall be responsible for paying for the	7098
eye examination required by this section.	7099

(D) The department of education annually shall do both of the	7100
following:	7101

(1) Notify each school district and community school of the	7102
requirements of this section;	7103

(2) Collect from each school district and community school	7104
the total number of students enrolled in the district who were	7105
subject to the requirements of this section and the total number	7106
of students who received the examination, as verified by	7107
documentation received from the district.	7108

Sec. 3326.03. (A) The STEM committee shall authorize the	7109
establishment of and award grants to science, technology,	7110
engineering, and mathematics schools based on proposals submitted	7111
to the committee.	7112

The committee shall determine the criteria for proposals,	7113
establish procedures for the submission of proposals, accept and	7114
evaluate proposals, and choose which proposals to approve to	7115
become a STEM school. In approving proposals for STEM schools, the	7116
committee shall consider locating the schools in diverse	7117
geographic regions of the state so that all students have access	7118
to a STEM school.	7119

The committee may authorize the establishment of a group of	7120
multiple STEM schools to operate from multiple facilities located	7121
in one or more school districts under the direction of a single	7122
governing body in the manner prescribed by section 3326.031 of the	7123
Revised Code. The committee shall consider the merits of each of	7124
the proposed STEM schools within a group and shall authorize each	7125
school separately. Anytime after authorizing a group of STEM	7126
schools to be under the direction of a single governing body, upon	7127
a proposal from the governing body, the committee may authorize	7128
one or more additional schools to operate as part of that group.	7129

The STEM committee may approve one or more STEM schools to	7130
serve only students identified as gifted under Chapter 3324. of	7131
the Revised Code.	7132

(B) Proposals may be submitted only by a partnership of	7133
public and private entities consisting of at least all of the	7134
following:	7135

(1) A city, exempted village, local, or joint vocational	7136
school district;	7137

(2) Higher education entities;

7138

(3) Business organizations.

7139

7140

(1) Assurances that the STEM school or group of STEM schools	7141
will be under the oversight of a governing body and a description	7142
of the members of that governing body and how they will be	7143
selected;	7144

(2) Assurances that ~~the~~each STEM school will operate in	7145
compliance with this chapter and the provisions of the proposal as	7146
accepted by the committee;	7147

(3) Evidence that ~~the~~each school will offer a rigorous,	7148
diverse, integrated, and project-based curriculum to students in	7149
any of grades six through twelve, with the goal to prepare those	7150
students for college, the workforce, and citizenship, and that	7151
does all of the following:	7152

(a) Emphasizes the role of science, technology, engineering,	7153
and mathematics in promoting innovation and economic progress;	7154

(b) Incorporates scientific inquiry and technological design;

7155

7156

(d) Emphasizes personalized learning and teamwork skills.

7157

(4) Evidence that ~~the~~each school will attract school leaders	7158
who support the curriculum principles of division (C)(3) of this	7159
section;	7160

(5) A description of how ~~the~~each school's curriculum will be	7161
developed and approved in accordance with section 3326.09 of the	7162
Revised Code;	7163

(6) Evidence that ~~the~~each school will utilize an established	7164
capacity to capture and share knowledge for best practices and	7165
innovative professional development;	7166

(7) Evidence that ~~the~~each school will operate in	7167
collaboration with a partnership that includes institutions of	7168
higher education and businesses;	7169

(8) Assurances that ~~the~~each school has received commitments	7170
of sustained and verifiable fiscal and in-kind support from	7171
regional education and business entities;	7172

(9) A description of how ~~the~~each school's assets will be	7173
distributed if the school closes for any reason.	7174

Sec. 3326.031. (A) As authorized by the STEM committee, a	7175
single governing body may direct a group of multiple STEM schools	7176
to operate from multiple facilities located in one or more school	7177
districts to be organized and operated in the manner prescribed	7178
under this chapter except as specified by this section. Each	7179
school within the group shall operate as a separate school but	7180
under the direction of a common governing body. The governing body	7181
may employ a single treasurer, licensed in the manner prescribed	7182
by section 3326.21 of the Revised Code, to manage the fiscal	7183
affairs of all of the schools within the group. Each school shall	7184
have a chief administrative officer, as required by section	7185
3326.08 of the Revised Code, but the governing body may in its	7186
discretion appoint a single individual to be the chief	7187
administrative officer of two or more schools in the group. No	7188
school within the group shall be organized or funded in the manner	7189
prescribed by section 3326.51 of the Revised Code.	7190

(B) The department shall calculate funds under this chapter	7191
for each STEM school within a group separately and shall pay those	7192
funds directly to each school.	7193

(C) In accordance with section 3326.17 of the Revised Code,	7194
the department shall issue a separate report card for each STEM	7195
school within a group. The department also shall compute a rating	7196
for each group of schools and report that rating in a distinct	7197
report card for the group.	7198

Sec. 3326.04. (A) The STEM committee shall award grants to	7199
support the operation of STEM programs of excellence to serve	7200
students in any of grades kindergarten through eight through a	7201
request for proposals.	7202

(B) Proposals may be submitted by any of the following:

7203

(1) The board of education of a city, exempted village, or	7204
local school district;	7205

(2) The governing authority of a community school established	7206
under Chapter 3314. of the Revised Code.	7207

(C) Each proposal shall demonstrate to the satisfaction of	7208
the STEM committee that the program meets at least the following	7209
standards:	7210

(1) ~~The~~Unless the program is designed to serve only students	7211
identified as gifted under Chapter 3324. of the Revised Code, the	7212
program will serve all students enrolled in the district or school	7213
in the grades for which the program is designed.	7214

(2) The program will offer a rigorous and diverse curriculum	7215
that is based on scientific inquiry and technological design, that	7216
emphasizes personalized learning and teamwork skills, and that	7217
will expose students to advanced scientific concepts within and	7218
outside the classroom.	7219

(3) ~~The~~Unless the program is designed to serve only students	7220
identified as gifted under Chapter 3324. of the Revised Code, the	7221
program will not limit participation of students on the basis of	7222
intellectual ability, measures of achievement, or aptitude.	7223

(4) The program will utilize an established capacity to	7224
capture and share knowledge for best practices and innovative	7225
professional development.	7226

(5) The program will operate in collaboration with a	7227
partnership that includes institutions of higher education and	7228
businesses.	7229

(6) The program will include teacher professional development	7230
strategies that are augmented by community and business partners.	7231

(D) The STEM committee shall give priority to proposals for	7232
new or expanding innovative programs.	7233

Sec. 3326.10. Each science, technology, engineering, and	7234
mathematics school shall adopt admission procedures that specify	7235
the following:	7236

(A)(1) Admission shall be open to individuals entitled and	7237
eligible to attend school pursuant to section 3313.64 or 3313.65	7238
of the Revised Code in a school district in the state.	7239

(2) Students who are not residents of Ohio shall not be	7240
permitted to enroll in a science, technology, engineering, and	7241
mathematics school.	7242

(B) There will be no discrimination in the admission of	7243
students to the school on the basis of race, creed, color,	7244
disability, or sex.	7245

(C) The school will comply with all federal and state laws	7246
regarding the education of students with disabilities.	7247

(D) ~~The~~Unless the school serves only students identified as	7248
gifted under Chapter 3324. of the Revised Code, the school will	7249
not limit admission to students on the basis of intellectual	7250
ability, measures of achievement or aptitude, or athletic or	7251
artistic ability~~; the~~.	7252

(E) The school will assert its best effort to attract a	7253
diverse student body that reflects the community;, and the school	7254
will recruit students from disadvantaged and underrepresented	7255
groups.	7256

Sec. 3326.11. Each science, technology, engineering, and	7257
mathematics school established under this chapter and its	7258
governing body shall comply with sections 9.90, 9.91, 109.65,	7259
121.22, 149.43, 2151.357, 2151.421, 2313.19, 2921.42, 2921.43,	7260
3301.0714, 3301.0715, 3313.14, 3313.15, 3313.16, 3313.18,	7261
3313.201, 3313.26, 3313.472, 3313.48, 3313.481, 3313.482, 3313.50,	7262
3313.536, 3313.608, 3313.6012, 3313.6013, 3313.6014, 3313.6015,	7263
3313.61, 3313.611, 3313.614, 3313.615, 3313.643, 3313.648,	7264
3313.6411, 3313.66, 3313.661, 3313.662, 3313.666, 3313.667,	7265
3313.67, 3313.671, 3313.672, 3313.673, ~~3313.674,~~ 3313.69, 3313.71,	7266
3313.716, 3313.718, 3313.719, 3313.80, 3313.801, 3313.814,	7267
3313.816, 3313.817, 3313.86, 3313.88, 3313.96, 3319.073, 3319.21,	7268
3319.32, 3319.321, 3319.35, 3319.39, 3319.391, 3319.41, 3319.45,	7269
3321.01, 3321.041, 3321.13, 3321.14, 3321.17, 3321.18, 3321.19,	7270
3321.191, 3327.10, 4111.17, 4113.52, and 5705.391 and Chapters	7271
102., 117., 1347., 2744., 3307., 3309., 3365., 3742., 4112.,	7272
4123., 4141., and 4167. of the Revised Code as if it were a school	7273
district.	7274

Sec. 3326.17. (A) The department of education shall issue an	7275
annual report card for each science, technology, engineering, and	7276
mathematics school that includes all information applicable to	7277
school buildings under section 3302.03 of the Revised Code.	7278

(B) For each student enrolled in a STEM school, the	7279
department shall combine data regarding the academic performance	7280
of that student with comparable data from the school district in	7281
which the student is entitled to attend school pursuant to section	7282
3313.64 or 3313.65 of the Revised Code for the purpose of	7283
calculating the performance of the district as a whole on the	7284
report card issued for the district under section 3302.03 of the	7285
Revised Code.	7286

(C) The department also shall compute a rating for each group	7287
of STEM schools that is under the direction of the same governing	7288
body, as authorized under section 3326.031 of the Revised Code,	7289
and issue a distinct report card for the group as a whole.	7290

(D) Each STEM school and its governing body shall comply with	7291
sections 3302.04 and 3302.041 of the Revised Code, except that any	7292
action required to be taken by a school district pursuant to those	7293
sections shall be taken by the school. However, the school shall	7294
not be required to take any action described in division (F) of	7295
section 3302.04 of the Revised Code.	7296

Sec. 3326.21. (A) ~~Each~~Except as provided by section 3326.031	7297
of the Revised Code, each science, technology, engineering, and	7298
mathematics school shall have a treasurer who is licensed under	7299
section 3301.074 of the Revised Code. The governing body of the	7300
school and the treasurer shall comply with sections 3301.072,	7301
3313.22 to 3313.32, 3313.51, and 3315.08 of the Revised Code in	7302
the same manner as a school district board of education and a	7303
district treasurer.	7304

(B) Financial records of each STEM school shall be maintained	7305
in the same manner as are financial records of school districts,	7306
pursuant to rules of the auditor of state.	7307

Sec. 3326.26. The governing body of a science, technology,	7308
engineering, and mathematics school may screen students in ninth	7309
grade for body mass index and weight status category. If a	7310
governing body elects to require the screenings, it shall comply	7311
with section 3313.674 of the Revised Code in the same manner	7312
required of a school district board of education.	7313

Sec. 3328.15. (A) Each college-preparatory boarding school	7314
established under this chapter shall be governed by a board of	7315
trustees consisting of up to twenty-five members. Five of those	7316
members shall be appointed by the governor, with the advice and	7317
consent of the senate. The governor's appointments may be based on	7318
nonbinding recommendations made by the superintendent of public	7319
instruction. Of the remaining members, initial members shall be	7320
appointed by the school's operator and future members shall be	7321
appointed pursuant to the bylaws adopted under section 3328.13 of	7322
the Revised Code. The governor, operator, or any other person or	7323
entity who appoints a member of the board of trustees under this	7324
section or the bylaws adopted under section 3328.13 of the Revised	7325
Code may remove that member from the board at any time.	7326

(B) The terms of office of the initial members shall be as	7327
follows:	7328

(1) Two members appointed by the governor shall serve for an	7329
initial term of three years.	7330

(2) Two members appointed by the governor shall serve for an	7331
initial term of two years.	7332

(3) One member appointed by the governor shall serve for an	7333
initial term of one year.	7334

(4) One-third of the members appointed by the operator,	7335
rounded down to the nearest whole number, shall serve for an	7336
initial term of three years.	7337

(5) One-third of the members appointed by the operator,	7338
rounded down to the nearest whole number, shall serve for an	7339
initial term of two years.	7340

(6) One-third of the members appointed by the operator,	7341
rounded down to the nearest whole number, shall serve for an	7342
initial term of one year.	7343

(7) Any remaining members appointed by the operator shall	7344
serve for an initial term of one year.	7345

Thereafter the terms of office of all members shall be for	7346
three years.	7347

The beginning date and ending date of terms of office shall	7348
be as prescribed by the school's operator, unless modified in the	7349
bylaws adopted under section 3328.13 of the Revised Code.	7350

(C) Vacancies on the board shall be filled in the same manner	7351
as the initial appointments. A member appointed to an unexpired	7352
term shall serve for the remainder of that term and may be	7353
reappointed subject to division (D) of this section.	7354

(D) No member may serve for more than three consecutive	7355
three-year terms.	7356

(E) The officers of the board shall be selected by and from	7357
among the members of the board.	7358

(F) Compensation for the members of the board, if any, shall	7359
be as prescribed in the bylaws adopted under section 3328.13 of	7360
the Revised Code.	7361

Sec. 3328.24. A college-preparatory boarding school	7362
established under this chapter~~, its operator,~~ and its board of	7363
trustees shall comply with sections 102.02, 3301.0710, 3301.0711,	7364
3301.0712, 3301.0714, 3313.6411, 3319.39, and 3319.391 of the	7365
Revised Code as if the school were a school district and the	7366
school's board of trustees were a district board of education.	7367

Sec. 3333.0411. Not later than December 31, 2012, and	7368
annually thereafter, the chancellor of the Ohio board of regents	7369
shall report aggregate academic growth data for students assigned	7370
to graduates of teacher preparation programs approved under	7371
section 3333.048 of the Revised Code who teach English language	7372
arts or mathematics in any of grades four to eight in a public	7373
school in Ohio. For this purpose, the chancellor shall use the	7374
value-added progress dimension prescribed by section 3302.021 of	7375
the Revised Code. The chancellor shall aggregate the data by	7376
graduating class for each approved teacher preparation program,	7377
except that if a particular class has ten or fewer graduates to	7378
which this section applies, the chancellor shall report the data	7379
for a group of classes over a three-year period. In	7380

Not later than December 31, 2014, and annually thereafter,	7381
the chancellor of the Ohio board of regents shall report for each	7382
approved teacher preparation program, the number and percentage of	7383
all graduates of the program who were rated at each of the	7384
performance levels prescribed by division (B)(1) of section	7385
3319.112 of the Revised Code on an evaluation conducted in	7386
accordance with section 3319.111 of the Revised Code in the	7387
previous school year.	7388

In no case shall the ~~report~~reports identify any individual	7389
graduate. The department of education shall share any data	7390
necessary for the report with the chancellor.	7391

Sec. 4123.391. (A) For purposes of this section, "learn to	7392
earn program" has the same meaning as in section 4141.293 of the	7393
Revised Code.	7394

(B) Solely for the purpose of providing compensation and	7395
benefits as set forth in this section, a participant in a learn to	7396
earn program is an employee of the department, and not an employee	7397
of the entity conducting the training.	7398

(C) A learn to earn program participant who suffers an injury	7399
or contracts an occupational disease in the course of and arising	7400
out of participation in the learn to earn program is entitled to	7401
compensation and benefits under this chapter.	7402

(D)(1) This chapter is the exclusive remedy for a learn to	7403
earn program participant or the participant's dependents resulting	7404
from the participant's injury or occupational disease received in	7405
the course of and arising out of the participant's participation	7406
in the program. Pursuant to section 4123.74 of the Revised Code,	7407
neither the department nor the designated worksite training	7408
provider shall be liable to respond in damages at common law or by	7409
statute for any injury, occupational disease, or bodily condition	7410
suffered or contracted by a participant in the course of or	7411
arising out of participation in the program.	7412

(2) Notwithstanding division (D)(1) of this section, a	7413
participant or the participant's dependents do not waive any cause	7414
of action for an intentional tort under section 2745.01 of the	7415
Revised Code against the department or the designated worksite	7416
training provider.	7417

(E) The department may include a learn to earn program	7418
participant in its department workers' compensation coverage, or	7419
may establish a separate workers' compensation coverage policy	7420
with the bureau of workers' compensation upon the terms and	7421
conditions for insurance to be established by the bureau	7422
consistent with insurance principles, as is equitable in the view	7423
of degree and hazard.	7424

Sec. 4139.01. As used in ~~sections 4139.01 to 4139.06 of the~~	7425
~~Revised Code~~this chapter:	7426

(A) "Apprentice" means a person at least sixteen years of	7427
age, except when a higher minimum age standard is otherwise fixed	7428
by law, who is ~~covered by an~~in a registered apprenticeship	7429
program to learn a skilled occupation, pursuant to a registered	7430
apprenticeship agreement.	7431

(B) "Apprenticeship agreement" means a written agreement,	7432
registered with the ~~Ohio state~~ apprenticeship council, providing	7433
for not less than two thousand hours of reasonably continuous	7434
employment, and for participation in an approved schedule of work	7435
experience through employment, which shall be supplemented by a	7436
minimum of one hundred forty-four hours per year of related and	7437
supplemental instructions.	7438

(C) "Council office" means the unit of the department of job	7439
and family services that staffs the apprenticeship council and	7440
performs the administrative and oversight functions concerning	7441
this state's registered apprenticeship system.	7442

Sec. 4139.03. The apprenticeship council may ~~establish~~	7443
recommend minimum standards for apprenticeship programs and may	7444
formulate policies and ~~issue~~recommend rules as may be necessary	7445
to carry out the purpose of ~~sections 4139.01 to 4139.06 of the~~	7446
~~Revised Code~~this chapter. The council shall determine the date	7447
and place of its meetings and shall prescribe its own rules of	7448
procedure.	7449

Sec. 4139.04. The director of job and family services shall	7450
appoint the executive secretary of the ~~apprenticeship~~ council	7451
office, which appointment shall be subject to confirmation by a	7452
majority vote of the apprenticeship council. The director shall	7453
appoint such additional personnel as may be necessary, subject to	7454
Chapter 124. of the Revised Code.	7455

Sec. 4139.05. The executive secretary of the ~~apprenticeship~~	7456
council office has the following duties:	7457

(A) Encourage the voluntary participation of employers and	7458
employees in the furtherance of the objective of ~~sections 4139.01~~	7459
~~to 4139.06 of the Revised Code~~this chapter;	7460

(B) Register any apprenticeship programs and agreements that	7461
meet the minimum standards established by ~~the council~~federal	7462
regulations and state rules governing the registered	7463
apprenticeship system;	7464

(C) Terminate or cancel ~~on the authority of~~in consultation	7465
with the apprenticeship council any registered apprenticeship	7466
programs and agreements not in ~~accordance~~compliance with the	7467
provisions of such standards;	7468

(D) Keep a record of apprenticeship programs and their	7469
disposition;	7470

(E) ~~Issue certificate of completion of apprenticeship in~~	7471
~~accordance with the council's standards;~~	7472

~~(F)~~ Devise and implement all ~~necessary~~ procedures and ~~records~~	7473
minimum standards as are necessary for the administration of the	7474
registered apprenticeship system;	7475

(F) Implement administrative rules adopted by the director of	7476
job and family services as necessary for the administration of the	7477
registered apprenticeship system;	7478

(G) Prepare statistical reports regarding apprenticeship	7479
training;	7480

(H) Issue information related to apprenticeship;

7481

(I) Perform such other duties as ~~the council may direct~~	7482
appropriate under the applicable rules and regulations.	7483

Sec. 4141.01. As used in this chapter, unless the context	7484
otherwise requires:	7485

(A)(1) "Employer" means the state, its instrumentalities, its	7486
political subdivisions and their instrumentalities, Indian tribes,	7487
and any individual or type of organization including any	7488
partnership, limited liability company, association, trust,	7489
estate, joint-stock company, insurance company, or corporation,	7490
whether domestic or foreign, or the receiver, trustee in	7491
bankruptcy, trustee, or the successor thereof, or the legal	7492
representative of a deceased person who subsequent to December 31,	7493
1971, or in the case of political subdivisions or their	7494
instrumentalities, subsequent to December 31, 1973:	7495

(a) Had in employment at least one individual, or in the case	7496
of a nonprofit organization, subsequent to December 31, 1973, had	7497
not less than four individuals in employment for some portion of a	7498
day in each of twenty different calendar weeks, in either the	7499
current or the preceding calendar year whether or not the same	7500
individual was in employment in each such day; or	7501

(b) Except for a nonprofit organization, had paid for service	7502
in employment wages of fifteen hundred dollars or more in any	7503
calendar quarter in either the current or preceding calendar year;	7504
or	7505

(c) Had paid, subsequent to December 31, 1977, for employment	7506
in domestic service in a local college club, or local chapter of a	7507
college fraternity or sorority, cash remuneration of one thousand	7508
dollars or more in any calendar quarter in the current calendar	7509
year or the preceding calendar year, or had paid subsequent to	7510
December 31, 1977, for employment in domestic service in a private	7511
home cash remuneration of one thousand dollars in any calendar	7512
quarter in the current calendar year or the preceding calendar	7513
year:	7514

(i) For the purposes of divisions (A)(1)(a) and (b) of this	7515
section, there shall not be taken into account any wages paid to,	7516
or employment of, an individual performing domestic service as	7517
described in this division.	7518

(ii) An employer under this division shall not be an employer	7519
with respect to wages paid for any services other than domestic	7520
service unless the employer is also found to be an employer under	7521
division (A)(1)(a), (b), or (d) of this section.	7522

(d) As a farm operator or a crew leader subsequent to	7523
December 31, 1977, had in employment individuals in agricultural	7524
labor; and	7525

(i) During any calendar quarter in the current calendar year	7526
or the preceding calendar year, paid cash remuneration of twenty	7527
thousand dollars or more for the agricultural labor; or	7528

(ii) Had at least ten individuals in employment in	7529
agricultural labor, not including agricultural workers who are	7530
aliens admitted to the United States to perform agricultural labor	7531
pursuant to sections 1184(c) and 1101(a)(15)(H) of the	7532
"Immigration and Nationality Act," 66 Stat. 163, 189, 8 U.S.C.A.	7533
1101(a)(15)(H)(ii)(a), 1184(c), for some portion of a day in each	7534
of the twenty different calendar weeks, in either the current or	7535
preceding calendar year whether or not the same individual was in	7536
employment in each day; or	7537

(e) Is not otherwise an employer as defined under division	7538
(A)(1)(a) or (b) of this section; and	7539

(i) For which, within either the current or preceding	7540
calendar year, service, except for domestic service in a private	7541
home not covered under division (A)(1)(c) of this section, is or	7542
was performed with respect to which such employer is liable for	7543
any federal tax against which credit may be taken for	7544
contributions required to be paid into a state unemployment fund;	7545

(ii) Which, as a condition for approval of this chapter for	7546
full tax credit against the tax imposed by the "Federal	7547
Unemployment Tax Act," 84 Stat. 713, 26 U.S.C.A. 3301 to 3311, is	7548
required, pursuant to such act to be an employer under this	7549
chapter; or	7550

(iii) Who became an employer by election under division	7551
(A)(4) or (5) of this section and for the duration of such	7552
election; or	7553

(f) In the case of the state, its instrumentalities, its	7554
political subdivisions, and their instrumentalities, and Indian	7555
tribes, had in employment, as defined in divisions (B)(2)(a) and	7556
(B)(2)(l) of this section, at least one individual;	7557

(g) For the purposes of division (A)(1)(a) of this section,	7558
if any week includes both the thirty-first day of December and the	7559
first day of January, the days of that week before the first day	7560
of January shall be considered one calendar week and the days	7561
beginning the first day of January another week.	7562

(2) Each individual employed to perform or to assist in	7563
performing the work of any agent or employee of an employer is	7564
employed by such employer for all the purposes of this chapter,	7565
whether such individual was hired or paid directly by such	7566
employer or by such agent or employee, provided the employer had	7567
actual or constructive knowledge of the work. All individuals	7568
performing services for an employer of any person in this state	7569
who maintains two or more establishments within this state are	7570
employed by a single employer for the purposes of this chapter.	7571

(3) An employer subject to this chapter within any calendar	7572
year is subject to this chapter during the whole of such year and	7573
during the next succeeding calendar year.	7574

(4) An employer not otherwise subject to this chapter who	7575
files with the director of job and family services a written	7576
election to become an employer subject to this chapter for not	7577
less than two calendar years shall, with the written approval of	7578
such election by the director, become an employer subject to this	7579
chapter to the same extent as all other employers as of the date	7580
stated in such approval, and shall cease to be subject to this	7581
chapter as of the first day of January of any calendar year	7582
subsequent to such two calendar years only if at least thirty days	7583
prior to such first day of January the employer has filed with the	7584
director a written notice to that effect.	7585

(5) Any employer for whom services that do not constitute	7586
employment are performed may file with the director a written	7587
election that all such services performed by individuals in the	7588
employer's employ in one or more distinct establishments or places	7589
of business shall be deemed to constitute employment for all the	7590
purposes of this chapter, for not less than two calendar years.	7591
Upon written approval of the election by the director, such	7592
services shall be deemed to constitute employment subject to this	7593
chapter from and after the date stated in such approval. Such	7594
services shall cease to be employment subject to this chapter as	7595
of the first day of January of any calendar year subsequent to	7596
such two calendar years only if at least thirty days prior to such	7597
first day of January such employer has filed with the director a	7598
written notice to that effect.	7599

(B)(1) "Employment" means service performed by an individual	7600
for remuneration under any contract of hire, written or oral,	7601
express or implied, including service performed in interstate	7602
commerce and service performed by an officer of a corporation,	7603
without regard to whether such service is executive, managerial,	7604
or manual in nature, and without regard to whether such officer is	7605
a stockholder or a member of the board of directors of the	7606
corporation, unless it is shown to the satisfaction of the	7607
director that such individual has been and will continue to be	7608
free from direction or control over the performance of such	7609
service, both under a contract of service and in fact. The	7610
director shall adopt rules to define "direction or control."	7611

(2) "Employment" includes:

7612

(a) Service performed after December 31, 1977, by an	7613
individual in the employ of the state or any of its	7614
instrumentalities, or any political subdivision thereof or any of	7615
its instrumentalities or any instrumentality of more than one of	7616
the foregoing or any instrumentality of any of the foregoing and	7617
one or more other states or political subdivisions and without	7618
regard to divisions (A)(1)(a) and (b) of this section, provided	7619
that such service is excluded from employment as defined in the	7620
"Federal Unemployment Tax Act," 53 Stat. 183, 26 U.S.C.A. 3301,	7621
3306(c)(7) and is not excluded under division (B)(3) of this	7622
section; or the services of employees covered by voluntary	7623
election, as provided under divisions (A)(4) and (5) of this	7624
section;	7625

(b) Service performed after December 31, 1971, by an	7626
individual in the employ of a religious, charitable, educational,	7627
or other organization which is excluded from the term "employment"	7628
as defined in the "Federal Unemployment Tax Act," 84 Stat. 713, 26	7629
U.S.C.A. 3301 to 3311, solely by reason of section 26 U.S.C.A.	7630
3306(c)(8) of that act and is not excluded under division (B)(3)	7631
of this section;	7632

(c) Domestic service performed after December 31, 1977, for	7633
an employer, as provided in division (A)(1)(c) of this section;	7634

(d) Agricultural labor performed after December 31, 1977, for	7635
a farm operator or a crew leader, as provided in division	7636
(A)(1)(d) of this section;	7637

(e) Service not covered under division (B)(1) of this section	7638
which is performed after December 31, 1971:	7639

(i) As an agent-driver or commission-driver engaged in	7640
distributing meat products, vegetable products, fruit products,	7641
bakery products, beverages other than milk, laundry, or	7642
dry-cleaning services, for the individual's employer or principal;	7643

(ii) As a traveling or city salesperson, other than as an	7644
agent-driver or commission-driver, engaged on a full-time basis in	7645
the solicitation on behalf of and in the transmission to the	7646
salesperson's employer or principal except for sideline sales	7647
activities on behalf of some other person of orders from	7648
wholesalers, retailers, contractors, or operators of hotels,	7649
restaurants, or other similar establishments for merchandise for	7650
resale, or supplies for use in their business operations, provided	7651
that for the purposes of division (B)(2)(e)(ii) of this section,	7652
the services shall be deemed employment if the contract of service	7653
contemplates that substantially all of the services are to be	7654
performed personally by the individual and that the individual	7655
does not have a substantial investment in facilities used in	7656
connection with the performance of the services other than in	7657
facilities for transportation, and the services are not in the	7658
nature of a single transaction that is not a part of a continuing	7659
relationship with the person for whom the services are performed.	7660

(f) An individual's entire service performed within or both	7661
within and without the state if:	7662

(i) The service is localized in this state.

7663

(ii) The service is not localized in any state, but some of	7664
the service is performed in this state and either the base of	7665
operations, or if there is no base of operations then the place	7666
from which such service is directed or controlled, is in this	7667
state or the base of operations or place from which such service	7668
is directed or controlled is not in any state in which some part	7669
of the service is performed but the individual's residence is in	7670
this state.	7671

(g) Service not covered under division (B)(2)(f)(ii) of this	7672
section and performed entirely without this state, with respect to	7673
no part of which contributions are required and paid under an	7674
unemployment compensation law of any other state, the Virgin	7675
Islands, Canada, or of the United States, if the individual	7676
performing such service is a resident of this state and the	7677
director approves the election of the employer for whom such	7678
services are performed; or, if the individual is not a resident of	7679
this state but the place from which the service is directed or	7680
controlled is in this state, the entire services of such	7681
individual shall be deemed to be employment subject to this	7682
chapter, provided service is deemed to be localized within this	7683
state if the service is performed entirely within this state or if	7684
the service is performed both within and without this state but	7685
the service performed without this state is incidental to the	7686
individual's service within the state, for example, is temporary	7687
or transitory in nature or consists of isolated transactions;	7688

(h) Service of an individual who is a citizen of the United	7689
States, performed outside the United States except in Canada after	7690
December 31, 1971, or the Virgin Islands, after December 31, 1971,	7691
and before the first day of January of the year following that in	7692
which the United States secretary of labor approves the Virgin	7693
Islands law for the first time, in the employ of an American	7694
employer, other than service which is "employment" under divisions	7695
(B)(2)(f) and (g) of this section or similar provisions of another	7696
state's law, if:	7697

(i) The employer's principal place of business in the United	7698
States is located in this state;	7699

(ii) The employer has no place of business in the United	7700
States, but the employer is an individual who is a resident of	7701
this state; or the employer is a corporation which is organized	7702
under the laws of this state, or the employer is a partnership or	7703
a trust and the number of partners or trustees who are residents	7704
of this state is greater than the number who are residents of any	7705
other state; or	7706

(iii) None of the criteria of divisions (B)(2)(f)(i) and (ii)	7707
of this section is met but the employer has elected coverage in	7708
this state or the employer having failed to elect coverage in any	7709
state, the individual has filed a claim for benefits, based on	7710
such service, under this chapter.	7711

(i) For the purposes of division (B)(2)(h) of this section,	7712
the term "American employer" means an employer who is an	7713
individual who is a resident of the United States; or a	7714
partnership, if two-thirds or more of the partners are residents	7715
of the United States; or a trust, if all of the trustees are	7716
residents of the United States; or a corporation organized under	7717
the laws of the United States or of any state, provided the term	7718
"United States" includes the states, the District of Columbia, the	7719
Commonwealth of Puerto Rico, and the Virgin Islands.	7720

(j) Notwithstanding any other provisions of divisions (B)(1)	7721
and (2) of this section, service, except for domestic service in a	7722
private home not covered under division (A)(1)(c) of this section,	7723
with respect to which a tax is required to be paid under any	7724
federal law imposing a tax against which credit may be taken for	7725
contributions required to be paid into a state unemployment fund,	7726
or service, except for domestic service in a private home not	7727
covered under division (A)(1)(c) of this section, which, as a	7728
condition for full tax credit against the tax imposed by the	7729
"Federal Unemployment Tax Act," 84 Stat. 713, 26 U.S.C.A. 3301 to	7730
3311, is required to be covered under this chapter.	7731

(k) Construction services performed by any individual under a	7732
construction contract, as defined in section 4141.39 of the	7733
Revised Code, if the director determines that the employer for	7734
whom services are performed has the right to direct or control the	7735
performance of the services and that the individuals who perform	7736
the services receive remuneration for the services performed. The	7737
director shall presume that the employer for whom services are	7738
performed has the right to direct or control the performance of	7739
the services if ten or more of the following criteria apply:	7740

(i) The employer directs or controls the manner or method by	7741
which instructions are given to the individual performing	7742
services;	7743

(ii) The employer requires particular training for the	7744
individual performing services;	7745

(iii) Services performed by the individual are integrated	7746
into the regular functioning of the employer;	7747

(iv) The employer requires that services be provided by a	7748
particular individual;	7749

(v) The employer hires, supervises, or pays the wages of the	7750
individual performing services;	7751

(vi) A continuing relationship between the employer and the	7752
individual performing services exists which contemplates	7753
continuing or recurring work, even if not full-time work;	7754

(vii) The employer requires the individual to perform	7755
services during established hours;	7756

(viii) The employer requires that the individual performing	7757
services be devoted on a full-time basis to the business of the	7758
employer;	7759

(ix) The employer requires the individual to perform services	7760
on the employer's premises;	7761

(x) The employer requires the individual performing services	7762
to follow the order of work established by the employer;	7763

(xi) The employer requires the individual performing services	7764
to make oral or written reports of progress;	7765

(xii) The employer makes payment to the individual for	7766
services on a regular basis, such as hourly, weekly, or monthly;	7767

(xiii) The employer pays expenses for the individual	7768
performing services;	7769

(xiv) The employer furnishes the tools and materials for use	7770
by the individual to perform services;	7771

(xv) The individual performing services has not invested in	7772
the facilities used to perform services;	7773

(xvi) The individual performing services does not realize a	7774
profit or suffer a loss as a result of the performance of the	7775
services;	7776

(xvii) The individual performing services is not performing	7777
services for more than two employers simultaneously;	7778

(xviii) The individual performing services does not make the	7779
services available to the general public;	7780

(xix) The employer has a right to discharge the individual	7781
performing services;	7782

(xx) The individual performing services has the right to end	7783
the individual's relationship with the employer without incurring	7784
liability pursuant to an employment contract or agreement.	7785

(l) Service performed by an individual in the employ of an	7786
Indian tribe as defined by section 4(e) of the "Indian	7787
Self-Determination and Education Assistance Act," 88 Stat. 2204	7788
(1975), 25 U.S.C.A. 450b(e), including any subdivision,	7789
subsidiary, or business enterprise wholly owned by an Indian tribe	7790
provided that the service is excluded from employment as defined	7791
in the "Federal Unemployment Tax Act," 53 Stat. 183, (1939), 26	7792
U.S.C.A. 3301 and 3306(c)(7) and is not excluded under division	7793
(B)(3) of this section.	7794

(3) "Employment" does not include the following services if	7795
they are found not subject to the "Federal Unemployment Tax Act,"	7796
84 Stat. 713 (1970), 26 U.S.C.A. 3301 to 3311, and if the services	7797
are not required to be included under division (B)(2)(j) of this	7798
section:	7799

(a) Service performed after December 31, 1977, in	7800
agricultural labor, except as provided in division (A)(1)(d) of	7801
this section;	7802

(b) Domestic service performed after December 31, 1977, in a	7803
private home, local college club, or local chapter of a college	7804
fraternity or sorority except as provided in division (A)(1)(c) of	7805
this section;	7806

(c) Service performed after December 31, 1977, for this state	7807
or a political subdivision as described in division (B)(2)(a) of	7808
this section when performed:	7809

(i) As a publicly elected official;

7810

(ii) As a member of a legislative body, or a member of the	7811
judiciary;	7812

(iii) As a military member of the Ohio national guard;

7813

(iv) As an employee, not in the classified service as defined	7814
in section 124.11 of the Revised Code, serving on a temporary	7815
basis in case of fire, storm, snow, earthquake, flood, or similar	7816
emergency;	7817

(v) In a position which, under or pursuant to law, is	7818
designated as a major nontenured policymaking or advisory	7819
position, not in the classified service of the state, or a	7820
policymaking or advisory position the performance of the duties of	7821
which ordinarily does not require more than eight hours per week.	7822

(d) In the employ of any governmental unit or instrumentality	7823
of the United States;	7824

(e) Service performed after December 31, 1971:

7825

(i) Service in the employ of an educational institution or	7826
institution of higher education, including those operated by the	7827
state or a political subdivision, if such service is performed by	7828
a student who is enrolled and is regularly attending classes at	7829
the educational institution or institution of higher education; or	7830

(ii) By an individual who is enrolled at a nonprofit or	7831
public educational institution which normally maintains a regular	7832
faculty and curriculum and normally has a regularly organized body	7833
of students in attendance at the place where its educational	7834
activities are carried on as a student in a full-time program,	7835
taken for credit at the institution, which combines academic	7836
instruction with work experience, if the service is an integral	7837
part of the program, and the institution has so certified to the	7838
employer, provided that this subdivision shall not apply to	7839
service performed in a program established for or on behalf of an	7840
employer or group of employers;.	7841

(f) Service performed by an individual in the employ of the	7842
individual's son, daughter, or spouse and service performed by a	7843
child under the age of eighteen in the employ of the child's	7844
father or mother;	7845

(g) Service performed for one or more principals by an	7846
individual who is compensated on a commission basis, who in the	7847
performance of the work is master of the individual's own time and	7848
efforts, and whose remuneration is wholly dependent on the amount	7849
of effort the individual chooses to expend, and which service is	7850
not subject to the "Federal Unemployment Tax Act," 53 Stat. 183	7851
(1939), 26 U.S.C.A. 3301 to 3311. Service performed after December	7852
31, 1971:	7853

(i) By an individual for an employer as an insurance agent or	7854
as an insurance solicitor, if all this service is performed for	7855
remuneration solely by way of commission;	7856

(ii) As a home worker performing work, according to	7857
specifications furnished by the employer for whom the services are	7858
performed, on materials or goods furnished by such employer which	7859
are required to be returned to the employer or to a person	7860
designated for that purpose.	7861

(h) Service performed after December 31, 1971:

7862

(i) In the employ of a church or convention or association of	7863
churches, or in an organization which is operated primarily for	7864
religious purposes and which is operated, supervised, controlled,	7865
or principally supported by a church or convention or association	7866
of churches;	7867

(ii) By a duly ordained, commissioned, or licensed minister	7868
of a church in the exercise of the individual's ministry or by a	7869
member of a religious order in the exercise of duties required by	7870
such order; or	7871

(iii) In a facility conducted for the purpose of carrying out	7872
a program of rehabilitation for individuals whose earning capacity	7873
is impaired by age or physical or mental deficiency or injury, or	7874
providing remunerative work for individuals who because of their	7875
impaired physical or mental capacity cannot be readily absorbed in	7876
the competitive labor market, by an individual receiving such	7877
rehabilitation or remunerative work;.	7878

(i) Service performed after June 30, 1939, with respect to	7879
which unemployment compensation is payable under the "Railroad	7880
Unemployment Insurance Act," 52 Stat. 1094 (1938), 45 U.S.C. 351;	7881

(j) Service performed by an individual in the employ of any	7882
organization exempt from income tax under section 501 of the	7883
"Internal Revenue Code of 1954," if the remuneration for such	7884
service does not exceed fifty dollars in any calendar quarter, or	7885
if such service is in connection with the collection of dues or	7886
premiums for a fraternal beneficial society, order, or association	7887
and is performed away from the home office or is ritualistic	7888
service in connection with any such society, order, or	7889
association;	7890

(k) Casual labor not in the course of an employer's trade or	7891
business; incidental service performed by an officer, appraiser,	7892
or member of a finance committee of a bank, building and loan	7893
association, savings and loan association, or savings association	7894
when the remuneration for such incidental service exclusive of the	7895
amount paid or allotted for directors' fees does not exceed sixty	7896
dollars per calendar quarter is casual labor;	7897

(l) Service performed in the employ of a voluntary employees'	7898
beneficial association providing for the payment of life,	7899
sickness, accident, or other benefits to the members of such	7900
association or their dependents or their designated beneficiaries,	7901
if admission to a membership in such association is limited to	7902
individuals who are officers or employees of a municipal or public	7903
corporation, of a political subdivision of the state, or of the	7904
United States and no part of the net earnings of such association	7905
inures, other than through such payments, to the benefit of any	7906
private shareholder or individual;	7907

(m) Service performed by an individual in the employ of a	7908
foreign government, including service as a consular or other	7909
officer or employee or of a nondiplomatic representative;	7910

(n) Service performed in the employ of an instrumentality	7911
wholly owned by a foreign government if the service is of a	7912
character similar to that performed in foreign countries by	7913
employees of the United States or of an instrumentality thereof	7914
and if the director finds that the secretary of state of the	7915
United States has certified to the secretary of the treasury of	7916
the United States that the foreign government, with respect to	7917
whose instrumentality exemption is claimed, grants an equivalent	7918
exemption with respect to similar service performed in the foreign	7919
country by employees of the United States and of instrumentalities	7920
thereof;	7921

(o) Service with respect to which unemployment compensation	7922
is payable under an unemployment compensation system established	7923
by an act of congress;	7924

(p) Service performed as a student nurse in the employ of a	7925
hospital or a nurses' training school by an individual who is	7926
enrolled and is regularly attending classes in a nurses' training	7927
school chartered or approved pursuant to state law, and service	7928
performed as an intern in the employ of a hospital by an	7929
individual who has completed a four years' course in a medical	7930
school chartered or approved pursuant to state law;	7931

(q) Service performed by an individual under the age of	7932
eighteen in the delivery or distribution of newspapers or shopping	7933
news, not including delivery or distribution to any point for	7934
subsequent delivery or distribution;	7935

(r) Service performed in the employ of the United States or	7936
an instrumentality of the United States immune under the	7937
Constitution of the United States from the contributions imposed	7938
by this chapter, except that to the extent that congress permits	7939
states to require any instrumentalities of the United States to	7940
make payments into an unemployment fund under a state unemployment	7941
compensation act, this chapter shall be applicable to such	7942
instrumentalities and to services performed for such	7943
instrumentalities in the same manner, to the same extent, and on	7944
the same terms as to all other employers, individuals, and	7945
services, provided that if this state is not certified for any	7946
year by the proper agency of the United States under section 3304	7947
of the "Internal Revenue Code of 1954," the payments required of	7948
such instrumentalities with respect to such year shall be refunded	7949
by the director from the fund in the same manner and within the	7950
same period as is provided in division (E) of section 4141.09 of	7951
the Revised Code with respect to contributions erroneously	7952
collected;	7953

(s) Service performed by an individual as a member of a band	7954
or orchestra, provided such service does not represent the	7955
principal occupation of such individual, and which service is not	7956
subject to or required to be covered for full tax credit against	7957
the tax imposed by the "Federal Unemployment Tax Act," 53 Stat.	7958
183 (1939), 26 U.S.C.A. 3301 to 3311.	7959

(t) Service performed in the employ of a day camp whose	7960
camping season does not exceed twelve weeks in any calendar year,	7961
and which service is not subject to the "Federal Unemployment Tax	7962
Act," 53 Stat. 183 (1939), 26 U.S.C.A. 3301 to 3311. Service	7963
performed after December 31, 1971:	7964

(i) In the employ of a hospital, if the service is performed	7965
by a patient of the hospital, as defined in division (W) of this	7966
section;	7967

(ii) For a prison or other correctional institution by an	7968
inmate of the prison or correctional institution;	7969

(iii) Service performed after December 31, 1977, by an inmate	7970
of a custodial institution operated by the state, a political	7971
subdivision, or a nonprofit organization.	7972

(u) Service that is performed by a nonresident alien	7973
individual for the period the individual temporarily is present in	7974
the United States as a nonimmigrant under division (F), (J), (M),	7975
or (Q) of section 101(a)(15) of the "Immigration and Nationality	7976
Act," 66 Stat. 163, 8 U.S.C.A. 1101, as amended, that is excluded	7977
under section 3306(c)(19) of the "Federal Unemployment Tax Act,"	7978
53 Stat. 183 (1939), 26 U.S.C.A. 3301 to 3311.	7979

(v) Notwithstanding any other provisions of division (B)(3)	7980
of this section, services that are excluded under divisions	7981
(B)(3)(g), (j), (k), and (l) of this section shall not be excluded	7982
from employment when performed for a nonprofit organization, as	7983
defined in division (X) of this section, or for this state or its	7984
instrumentalities, or for a political subdivision or its	7985
instrumentalities or for Indian tribes;	7986

(w) Service that is performed by an individual working as an	7987
election official or election worker if the amount of remuneration	7988
received by the individual during the calendar year for services	7989
as an election official or election worker is less than one	7990
thousand dollars;	7991

(x) Service performed for an elementary or secondary school	7992
that is operated primarily for religious purposes, that is	7993
described in subsection 501(c)(3) and exempt from federal income	7994
taxation under subsection 501(a) of the Internal Revenue Code, 26	7995
U.S.C.A. 501;	7996

(y) Service performed by a person committed to a penal	7997
institution.	7998

(z) Service performed for an Indian tribe as described in	7999
division (B)(2)(l) of this section when performed in any of the	8000
following manners:	8001

(i) As a publicly elected official;

8002

(ii) As a member of an Indian tribal council;

8003

(iii) As a member of a legislative or judiciary body;

8004

(iv) In a position which, pursuant to Indian tribal law, is	8005
designated as a major nontenured policymaking or advisory	8006
position, or a policymaking or advisory position where the	8007
performance of the duties ordinarily does not require more than	8008
eight hours of time per week;	8009

(v) As an employee serving on a temporary basis in the case	8010
of a fire, storm, snow, earthquake, flood, or similar emergency.	8011

(aa) Service performed after December 31, 1971, for a	8012
nonprofit organization, this state or its instrumentalities, a	8013
political subdivision or its instrumentalities, or an Indian tribe	8014
as part of an unemployment work-relief or work-training program	8015
assisted or financed in whole or in part by any federal agency or	8016
an agency of a state or political subdivision, thereof, by an	8017
individual receiving the work-relief or work-training.	8018

(bb) Participation in a learn to earn program as defined in	8019
section 4141.293 of the Revised Code.	8020

(4) If the services performed during one half or more of any	8021
pay period by an employee for the person employing that employee	8022
constitute employment, all the services of such employee for such	8023
period shall be deemed to be employment; but if the services	8024
performed during more than one half of any such pay period by an	8025
employee for the person employing that employee do not constitute	8026
employment, then none of the services of such employee for such	8027
period shall be deemed to be employment. As used in division	8028
(B)(4) of this section, "pay period" means a period, of not more	8029
than thirty-one consecutive days, for which payment of	8030
remuneration is ordinarily made to the employee by the person	8031
employing that employee. Division (B)(4) of this section does not	8032
apply to services performed in a pay period by an employee for the	8033
person employing that employee, if any of such service is excepted	8034
by division (B)(3)(o) of this section.	8035

(C) "Benefits" means money payments payable to an individual	8036
who has established benefit rights, as provided in this chapter,	8037
for loss of remuneration due to the individual's unemployment.	8038

(D) "Benefit rights" means the weekly benefit amount and the	8039
maximum benefit amount that may become payable to an individual	8040
within the individual's benefit year as determined by the	8041
director.	8042

(E) "Claim for benefits" means a claim for waiting period or	8043
benefits for a designated week.	8044

(F) "Additional claim" means the first claim for benefits	8045
filed following any separation from employment during a benefit	8046
year; "continued claim" means any claim other than the first claim	8047
for benefits and other than an additional claim.	8048

(G)(1) "Wages" means remuneration paid to an employee by each	8049
of the employee's employers with respect to employment; except	8050
that wages shall not include that part of remuneration paid during	8051
any calendar year to an individual by an employer or such	8052
employer's predecessor in interest in the same business or	8053
enterprise, which in any calendar year is in excess of eight	8054
thousand two hundred fifty dollars on and after January 1, 1992;	8055
eight thousand five hundred dollars on and after January 1, 1993;	8056
eight thousand seven hundred fifty dollars on and after January 1,	8057
1994; and nine thousand dollars on and after January 1, 1995.	8058
Remuneration in excess of such amounts shall be deemed wages	8059
subject to contribution to the same extent that such remuneration	8060
is defined as wages under the "Federal Unemployment Tax Act," 84	8061
Stat. 714 (1970), 26 U.S.C.A. 3301 to 3311, as amended. The	8062
remuneration paid an employee by an employer with respect to	8063
employment in another state, upon which contributions were	8064
required and paid by such employer under the unemployment	8065
compensation act of such other state, shall be included as a part	8066
of remuneration in computing the amount specified in this	8067
division.	8068

(2) Notwithstanding division (G)(1) of this section, if, as	8069
of the computation date for any calendar year, the director	8070
determines that the level of the unemployment compensation fund is	8071
sixty per cent or more below the minimum safe level as defined in	8072
section 4141.25 of the Revised Code, then, effective the first day	8073
of January of the following calendar year, wages subject to this	8074
chapter shall not include that part of remuneration paid during	8075
any calendar year to an individual by an employer or such	8076
employer's predecessor in interest in the same business or	8077
enterprise which is in excess of nine thousand dollars. The	8078
increase in the dollar amount of wages subject to this chapter	8079
under this division shall remain in effect from the date of the	8080
director's determination pursuant to division (G)(2) of this	8081
section and thereafter notwithstanding the fact that the level in	8082
the fund may subsequently become less than sixty per cent below	8083
the minimum safe level.	8084

(H)(1) "Remuneration" means all compensation for personal	8085
services, including commissions and bonuses and the cash value of	8086
all compensation in any medium other than cash, except that in the	8087
case of agricultural or domestic service, "remuneration" includes	8088
only cash remuneration. Gratuities customarily received by an	8089
individual in the course of the individual's employment from	8090
persons other than the individual's employer and which are	8091
accounted for by such individual to the individual's employer are	8092
taxable wages.	8093

The reasonable cash value of compensation paid in any medium	8094
other than cash shall be estimated and determined in accordance	8095
with rules prescribed by the director, provided that	8096
"remuneration" does not include:	8097

(a) Payments as provided in divisions (b)(2) to (b)(16) of	8098
section 3306 of the "Federal Unemployment Tax Act," 84 Stat. 713,	8099
26 U.S.C.A. 3301 to 3311, as amended;	8100

(b) The payment by an employer, without deduction from the	8101
remuneration of the individual in the employer's employ, of the	8102
tax imposed upon an individual in the employer's employ under	8103
section 3101 of the "Internal Revenue Code of 1954," with respect	8104
to services performed after October 1, 1941.	8105

(2) "Cash remuneration" means all remuneration paid in cash,	8106
including commissions and bonuses, but not including the cash	8107
value of all compensation in any medium other than cash.	8108

(I) "Interested party" means the director and any party to	8109
whom notice of a determination of an application for benefit	8110
rights or a claim for benefits is required to be given under	8111
section 4141.28 of the Revised Code.	8112

(J) "Annual payroll" means the total amount of wages subject	8113
to contributions during a twelve-month period ending with the last	8114
day of the second calendar quarter of any calendar year.	8115

(K) "Average annual payroll" means the average of the last	8116
three annual payrolls of an employer, provided that if, as of any	8117
computation date, the employer has had less than three annual	8118
payrolls in such three-year period, such average shall be based on	8119
the annual payrolls which the employer has had as of such date.	8120

(L)(1) "Contributions" means the money payments to the state	8121
unemployment compensation fund required of employers by section	8122
4141.25 of the Revised Code and of the state and any of its	8123
political subdivisions electing to pay contributions under section	8124
4141.242 of the Revised Code. Employers paying contributions shall	8125
be described as "contributory employers."	8126

(2) "Payments in lieu of contributions" means the money	8127
payments to the state unemployment compensation fund required of	8128
reimbursing employers under sections 4141.241 and 4141.242 of the	8129
Revised Code.	8130

(M) An individual is "totally unemployed" in any week during	8131
which the individual performs no services and with respect to such	8132
week no remuneration is payable to the individual.	8133

(N) An individual is "partially unemployed" in any week if,	8134
due to involuntary loss of work, the total remuneration payable to	8135
the individual for such week is less than the individual's weekly	8136
benefit amount.	8137

(O) "Week" means the calendar week ending at midnight	8138
Saturday unless an equivalent week of seven consecutive calendar	8139
days is prescribed by the director.	8140

(1) "Qualifying week" means any calendar week in an	8141
individual's base period with respect to which the individual	8142
earns or is paid remuneration in employment subject to this	8143
chapter. A calendar week with respect to which an individual earns	8144
remuneration but for which payment was not made within the base	8145
period, when necessary to qualify for benefit rights, may be	8146
considered to be a qualifying week. The number of qualifying weeks	8147
which may be established in a calendar quarter shall not exceed	8148
the number of calendar weeks in the quarter.	8149

(2) "Average weekly wage" means the amount obtained by	8150
dividing an individual's total remuneration for all qualifying	8151
weeks during the base period by the number of such qualifying	8152
weeks, provided that if the computation results in an amount that	8153
is not a multiple of one dollar, such amount shall be rounded to	8154
the next lower multiple of one dollar.	8155

(P) "Weekly benefit amount" means the amount of benefits an	8156
individual would be entitled to receive for one week of total	8157
unemployment.	8158

(Q)(1) "Base period" means the first four of the last five	8159
completed calendar quarters immediately preceding the first day of	8160
an individual's benefit year, except as provided in division	8161
(Q)(2) of this section.	8162

(2) If an individual does not have sufficient qualifying	8163
weeks and wages in the base period to qualify for benefit rights,	8164
the individual's base period shall be the four most recently	8165
completed calendar quarters preceding the first day of the	8166
individual's benefit year. Such base period shall be known as the	8167
"alternate base period." If information as to weeks and wages for	8168
the most recent quarter of the alternate base period is not	8169
available to the director from the regular quarterly reports of	8170
wage information, which are systematically accessible, the	8171
director may, consistent with the provisions of section 4141.28 of	8172
the Revised Code, base the determination of eligibility for	8173
benefits on the affidavit of the claimant with respect to weeks	8174
and wages for that calendar quarter. The claimant shall furnish	8175
payroll documentation, where available, in support of the	8176
affidavit. The determination based upon the alternate base period	8177
as it relates to the claimant's benefit rights, shall be amended	8178
when the quarterly report of wage information from the employer is	8179
timely received and that information causes a change in the	8180
determination. As provided in division (B) of section 4141.28 of	8181
the Revised Code, any benefits paid and charged to an employer's	8182
account, based upon a claimant's affidavit, shall be adjusted	8183
effective as of the beginning of the claimant's benefit year. No	8184
calendar quarter in a base period or alternate base period shall	8185
be used to establish a subsequent benefit year.	8186

(3) The "base period" of a combined wage claim, as described	8187
in division (H) of section 4141.43 of the Revised Code, shall be	8188
the base period prescribed by the law of the state in which the	8189
claim is allowed.	8190

(4) For purposes of determining the weeks that comprise a	8191
completed calendar quarter under this division, only those weeks	8192
ending at midnight Saturday within the calendar quarter shall be	8193
utilized.	8194

(R)(1) "Benefit year" with respect to an individual means the	8195
fifty-two week period beginning with the first day of that week	8196
with respect to which the individual first files a valid	8197
application for determination of benefit rights, and thereafter	8198
the fifty-two week period beginning with the first day of that	8199
week with respect to which the individual next files a valid	8200
application for determination of benefit rights after the	8201
termination of the individual's last preceding benefit year,	8202
except that the application shall not be considered valid unless	8203
the individual has had employment in six weeks that is subject to	8204
this chapter or the unemployment compensation act of another	8205
state, or the United States, and has, since the beginning of the	8206
individual's previous benefit year, in the employment earned three	8207
times the average weekly wage determined for the previous benefit	8208
year. The "benefit year" of a combined wage claim, as described in	8209
division (H) of section 4141.43 of the Revised Code, shall be the	8210
benefit year prescribed by the law of the state in which the claim	8211
is allowed. Any application for determination of benefit rights	8212
made in accordance with section 4141.28 of the Revised Code is	8213
valid if the individual filing such application is unemployed, has	8214
been employed by an employer or employers subject to this chapter	8215
in at least twenty qualifying weeks within the individual's base	8216
period, and has earned or been paid remuneration at an average	8217
weekly wage of not less than twenty-seven and one-half per cent of	8218
the statewide average weekly wage for such weeks. For purposes of	8219
determining whether an individual has had sufficient employment	8220
since the beginning of the individual's previous benefit year to	8221
file a valid application, "employment" means the performance of	8222
services for which remuneration is payable.	8223

(2) Effective for benefit years beginning on and after	8224
December 26, 2004, any application for determination of benefit	8225
rights made in accordance with section 4141.28 of the Revised Code	8226
is valid if the individual satisfies the criteria described in	8227
division (R)(1) of this section, and if the reason for the	8228
individual's separation from employment is not disqualifying	8229
pursuant to division (D)(2) of section 4141.29 or section 4141.291	8230
of the Revised Code. A disqualification imposed pursuant to	8231
division (D)(2) of section 4141.29 or section 4141.291 of the	8232
Revised Code must be removed as provided in those sections as a	8233
requirement of establishing a valid application for benefit years	8234
beginning on and after December 26, 2004.	8235

(3) The statewide average weekly wage shall be calculated by	8236
the director once a year based on the twelve-month period ending	8237
the thirtieth day of June, as set forth in division (B)(3) of	8238
section 4141.30 of the Revised Code, rounded down to the nearest	8239
dollar. Increases or decreases in the amount of remuneration	8240
required to have been earned or paid in order for individuals to	8241
have filed valid applications shall become effective on Sunday of	8242
the calendar week in which the first day of January occurs that	8243
follows the twelve-month period ending the thirtieth day of June	8244
upon which the calculation of the statewide average weekly wage	8245
was based.	8246

(4) As used in this division, an individual is "unemployed"	8247
if, with respect to the calendar week in which such application is	8248
filed, the individual is "partially unemployed" or "totally	8249
unemployed" as defined in this section or if, prior to filing the	8250
application, the individual was separated from the individual's	8251
most recent work for any reason which terminated the individual's	8252
employee-employer relationship, or was laid off indefinitely or	8253
for a definite period of seven or more days.	8254

(S) "Calendar quarter" means the period of three consecutive	8255
calendar months ending on the thirty-first day of March, the	8256
thirtieth day of June, the thirtieth day of September, and the	8257
thirty-first day of December, or the equivalent thereof as the	8258
director prescribes by rule.	8259

(T) "Computation date" means the first day of the third	8260
calendar quarter of any calendar year.	8261

(U) "Contribution period" means the calendar year beginning	8262
on the first day of January of any year.	8263

(V) "Agricultural labor," for the purpose of this division,	8264
means any service performed prior to January 1, 1972, which was	8265
agricultural labor as defined in this division prior to that date,	8266
and service performed after December 31, 1971:	8267

(1) On a farm, in the employ of any person, in connection	8268
with cultivating the soil, or in connection with raising or	8269
harvesting any agricultural or horticultural commodity, including	8270
the raising, shearing, feeding, caring for, training, and	8271
management of livestock, bees, poultry, and fur-bearing animals	8272
and wildlife;	8273

(2) In the employ of the owner or tenant or other operator of	8274
a farm in connection with the operation, management, conservation,	8275
improvement, or maintenance of such farm and its tools and	8276
equipment, or in salvaging timber or clearing land of brush and	8277
other debris left by hurricane, if the major part of such service	8278
is performed on a farm;	8279

(3) In connection with the production or harvesting of any	8280
commodity defined as an agricultural commodity in section 15 (g)	8281
of the "Agricultural Marketing Act," 46 Stat. 1550 (1931), 12	8282
U.S.C. 1141j, as amended, or in connection with the ginning of	8283
cotton, or in connection with the operation or maintenance of	8284
ditches, canals, reservoirs, or waterways, not owned or operated	8285
for profit, used exclusively for supplying and storing water for	8286
farming purposes;	8287

(4) In the employ of the operator of a farm in handling,	8288
planting, drying, packing, packaging, processing, freezing,	8289
grading, storing, or delivering to storage or to market or to a	8290
carrier for transportation to market, in its unmanufactured state,	8291
any agricultural or horticultural commodity, but only if the	8292
operator produced more than one half of the commodity with respect	8293
to which such service is performed;	8294

(5) In the employ of a group of operators of farms, or a	8295
cooperative organization of which the operators are members, in	8296
the performance of service described in division (V)(4) of this	8297
section, but only if the operators produced more than one-half of	8298
the commodity with respect to which the service is performed;	8299

(6) Divisions (V)(4) and (5) of this section shall not be	8300
deemed to be applicable with respect to service performed:	8301

(a) In connection with commercial canning or commercial	8302
freezing or in connection with any agricultural or horticultural	8303
commodity after its delivery to a terminal market for distribution	8304
for consumption; or	8305

(b) On a farm operated for profit if the service is not in	8306
the course of the employer's trade or business.	8307

As used in division (V) of this section, "farm" includes	8308
stock, dairy, poultry, fruit, fur-bearing animal, and truck farms,	8309
plantations, ranches, nurseries, ranges, greenhouses, or other	8310
similar structures used primarily for the raising of agricultural	8311
or horticultural commodities and orchards.	8312

(W) "Hospital" means an institution which has been registered	8313
or licensed by the Ohio department of health as a hospital.	8314

(X) "Nonprofit organization" means an organization, or group	8315
of organizations, described in section 501(c)(3) of the "Internal	8316
Revenue Code of 1954," and exempt from income tax under section	8317
501(a) of that code.	8318

(Y) "Institution of higher education" means a public or	8319
nonprofit educational institution, including an educational	8320
institution operated by an Indian tribe, which:	8321

(1) Admits as regular students only individuals having a	8322
certificate of graduation from a high school, or the recognized	8323
equivalent;	8324

(2) Is legally authorized in this state or by the Indian	8325
tribe to provide a program of education beyond high school; and	8326

(3) Provides an educational program for which it awards a	8327
bachelor's or higher degree, or provides a program which is	8328
acceptable for full credit toward such a degree, a program of	8329
post-graduate or post-doctoral studies, or a program of training	8330
to prepare students for gainful employment in a recognized	8331
occupation.	8332

For the purposes of this division, all colleges and	8333
universities in this state are institutions of higher education.	8334

(Z) For the purposes of this chapter, "states" includes the	8335
District of Columbia, the Commonwealth of Puerto Rico, and the	8336
Virgin Islands.	8337

(AA) "Alien" means, for the purposes of division (A)(1)(d) of	8338
this section, an individual who is an alien admitted to the United	8339
States to perform service in agricultural labor pursuant to	8340
sections 214 (c) and 101 (a)(15)(H) of the "Immigration and	8341
Nationality Act," 66 Stat. 163, 8 U.S.C.A. 1101.	8342

(BB)(1) "Crew leader" means an individual who furnishes	8343
individuals to perform agricultural labor for any other employer	8344
or farm operator, and:	8345

(a) Pays, either on the individual's own behalf or on behalf	8346
of the other employer or farm operator, the individuals so	8347
furnished by the individual for the service in agricultural labor	8348
performed by them;	8349

(b) Has not entered into a written agreement with the other	8350
employer or farm operator under which the agricultural worker is	8351
designated as in the employ of the other employer or farm	8352
operator.	8353

(2) For the purposes of this chapter, any individual who is a	8354
member of a crew furnished by a crew leader to perform service in	8355
agricultural labor for any other employer or farm operator shall	8356
be treated as an employee of the crew leader if:	8357

(a) The crew leader holds a valid certificate of registration	8358
under the "Farm Labor Contractor Registration Act of 1963," 90	8359
Stat. 2668, 7 U.S.C. 2041; or	8360

(b) Substantially all the members of the crew operate or	8361
maintain tractors, mechanized harvesting or crop-dusting	8362
equipment, or any other mechanized equipment, which is provided by	8363
the crew leader; and	8364

(c) If the individual is not in the employment of the other	8365
employer or farm operator within the meaning of division (B)(1) of	8366
this section.	8367

(3) For the purposes of this division, any individual who is	8368
furnished by a crew leader to perform service in agricultural	8369
labor for any other employer or farm operator and who is not	8370
treated as in the employment of the crew leader under division	8371
(BB)(2) of this section shall be treated as the employee of the	8372
other employer or farm operator and not of the crew leader. The	8373
other employer or farm operator shall be treated as having paid	8374
cash remuneration to the individual in an amount equal to the	8375
amount of cash remuneration paid to the individual by the crew	8376
leader, either on the crew leader's own behalf or on behalf of the	8377
other employer or farm operator, for the service in agricultural	8378
labor performed for the other employer or farm operator.	8379

(CC) "Educational institution" means an institution other	8380
than an institution of higher education as defined in division (Y)	8381
of this section, including an educational institution operated by	8382
an Indian tribe, which:	8383

(1) Offers participants, trainees, or students an organized	8384
course of study or training designed to transfer to them	8385
knowledge, skills, information, doctrines, attitudes, or abilities	8386
from, by, or under the guidance of an instructor or teacher; and	8387

(2) Is approved, chartered, or issued a permit to operate as	8388
a school by the state board of education, other government agency,	8389
or Indian tribe that is authorized within the state to approve,	8390
charter, or issue a permit for the operation of a school.	8391

For the purposes of this division, the courses of study or	8392
training which the institution offers may be academic, technical,	8393
trade, or preparation for gainful employment in a recognized	8394
occupation.	8395

(DD) "Cost savings day" means any unpaid day off from work in	8396
which employees continue to accrue employee benefits which have a	8397
determinable value including, but not limited to, vacation,	8398
pension contribution, sick time, and life and health insurance.	8399

Sec. 4141.29. Each eligible individual shall receive	8400
benefits as compensation for loss of remuneration due to	8401
involuntary total or partial unemployment in the amounts and	8402
subject to the conditions stipulated in this chapter.	8403

(A) No individual is entitled to a waiting period or benefits	8404
for any week unless the individual:	8405

(1) Has filed a valid application for determination of	8406
benefit rights in accordance with section 4141.28 of the Revised	8407
Code;	8408

(2) Has made a claim for benefits in accordance with section	8409
4141.28 of the Revised Code;	8410

(3) Has registered at an employment office or other	8411
registration place maintained or designated by the director of job	8412
and family services. Registration shall be made in accordance with	8413
the time limits, frequency, and manner prescribed by the director.	8414

(4)(a)(i) Is able to work and available for suitable work	8415
and, except as provided in division (A)(4)(a)(ii) of this section,	8416
is actively seeking suitable work either in a locality in which	8417
the individual has earned wages subject to this chapter during the	8418
individual's base period, or if the individual leaves that	8419
locality, then in a locality where suitable work normally is	8420
performed.	8421

(ii) The director may waive the requirement that a claimant	8422
be actively seeking work when the director finds that the	8423
individual has been laid off and the employer who laid the	8424
individual off has notified the director within ten days after the	8425
layoff, that work is expected to be available for the individual	8426
within a specified number of days not to exceed forty-five	8427
calendar days following the last day the individual worked. In the	8428
event the individual is not recalled within the specified period,	8429
this waiver shall cease to be operative with respect to that	8430
layoff.	8431

(b) The individual shall be instructed as to the efforts that	8432
the individual must make in the search for suitable work, except	8433
where the active search for work requirement has been waived under	8434
division (A)(4)(a) of this section, and shall keep a record of	8435
where and when the individual has sought work in complying with	8436
those instructions and, upon request, shall produce that record	8437
for examination by the director.	8438

(c) An individual who is attending a training course approved	8439
by the director meets the requirement of this division, if	8440
attendance was recommended by the director and the individual is	8441
regularly attending the course and is making satisfactory	8442
progress. An individual also meets the requirements of this	8443
division if the individual is participating and advancing in a	8444
training program, as defined in division (P) of section 5709.61 of	8445
the Revised Code, and if an enterprise, defined in division (B) of	8446
section 5709.61 of the Revised Code, is paying all or part of the	8447
cost of the individual's participation in the training program	8448
with the intention of hiring the individual for employment as a	8449
new employee, as defined in division (L) of section 5709.61 of the	8450
Revised Code, for at least ninety days after the individual's	8451
completion of the training program.	8452

(d) An individual who becomes unemployed while attending a	8453
regularly established school and whose base period qualifying	8454
weeks were earned in whole or in part while attending that school,	8455
meets the availability and active search for work requirements of	8456
division (A)(4)(a) of this section if the individual regularly	8457
attends the school during weeks with respect to which the	8458
individual claims unemployment benefits and makes self available	8459
on any shift of hours for suitable employment with the	8460
individual's most recent employer or any other employer in the	8461
individual's base period, or for any other suitable employment to	8462
which the individual is directed, under this chapter.	8463

(e) The director shall adopt any rules that the director	8464
deems necessary for the administration of division (A)(4) of this	8465
section.	8466

(f) Notwithstanding any other provisions of this section, no	8467
otherwise eligible individual shall be denied benefits for any	8468
week because the individual is in training approved under section	8469
236(a)(1) of the "Trade Act of 1974," 88 Stat. 1978, 19 U.S.C.A.	8470
2296, nor shall that individual be denied benefits by reason of	8471
leaving work to enter such training, provided the work left is not	8472
suitable employment, or because of the application to any week in	8473
training of provisions in this chapter, or any applicable federal	8474
unemployment compensation law, relating to availability for work,	8475
active search for work, or refusal to accept work.	8476

For the purposes of division (A)(4)(f) of this section,	8477
"suitable employment" means with respect to an individual, work of	8478
a substantially equal or higher skill level than the individual's	8479
past adversely affected employment, as defined for the purposes of	8480
the "Trade Act of 1974," 88 Stat. 1978, 19 U.S.C.A. 2101, and	8481
wages for such work at not less than eighty per cent of the	8482
individual's average weekly wage as determined for the purposes of	8483
that federal act.	8484

(5) Is unable to obtain suitable work. An individual who is	8485
provided temporary work assignments by the individual's employer	8486
under agreed terms and conditions of employment, and who is	8487
required pursuant to those terms and conditions to inquire with	8488
the individual's employer for available work assignments upon the	8489
conclusion of each work assignment, is not considered unable to	8490
obtain suitable employment if suitable work assignments are	8491
available with the employer but the individual fails to contact	8492
the employer to inquire about work assignments.	8493

(6) Participates in reemployment services, such as job search	8494
assistance services, if the individual has been determined to be	8495
likely to exhaust benefits under this chapter, including	8496
compensation payable pursuant to 5 U.S.C.A. Chapter 85, other than	8497
extended compensation, and needs reemployment services pursuant to	8498
the profiling system established by the director under division	8499
(K) of this section, unless the director determines that:	8500

(a) The individual has completed such services; or

8501

(b) There is justifiable cause for the claimant's failure to	8502
participate in such services.	8503

(B) An individual suffering total or partial unemployment is	8504
eligible for benefits for unemployment occurring subsequent to a	8505
waiting period of one week and no benefits shall be payable during	8506
this required waiting period. Not more than one week of waiting	8507
period shall be required of any individual in any benefit year in	8508
order to establish the individual's eligibility for total or	8509
partial unemployment benefits.	8510

(C) The waiting period for total or partial unemployment	8511
shall commence on the first day of the first week with respect to	8512
which the individual first files a claim for benefits at an	8513
employment office or other place of registration maintained or	8514
designated by the director or on the first day of the first week	8515
with respect to which the individual has otherwise filed a claim	8516
for benefits in accordance with the rules of the department of job	8517
and family services, provided such claim is allowed by the	8518
director.	8519

(D) Notwithstanding division (A) of this section, no	8520
individual may serve a waiting period or be paid benefits under	8521
the following conditions:	8522

(1) For any week with respect to which the director finds	8523
that:	8524

(a) The individual's unemployment was due to a labor dispute	8525
other than a lockout at any factory, establishment, or other	8526
premises located in this or any other state and owned or operated	8527
by the employer by which the individual is or was last employed;	8528
and for so long as the individual's unemployment is due to such	8529
labor dispute. No individual shall be disqualified under this	8530
provision if either of the following applies:	8531

(i) The individual's employment was with such employer at any	8532
factory, establishment, or premises located in this state, owned	8533
or operated by such employer, other than the factory,	8534
establishment, or premises at which the labor dispute exists, if	8535
it is shown that the individual is not financing, participating	8536
in, or directly interested in such labor dispute;	8537

(ii) The individual's employment was with an employer not	8538
involved in the labor dispute but whose place of business was	8539
located within the same premises as the employer engaged in the	8540
dispute, unless the individual's employer is a wholly owned	8541
subsidiary of the employer engaged in the dispute, or unless the	8542
individual actively participates in or voluntarily stops work	8543
because of such dispute. If it is established that the claimant	8544
was laid off for an indefinite period and not recalled to work	8545
prior to the dispute, or was separated by the employer prior to	8546
the dispute for reasons other than the labor dispute, or that the	8547
individual obtained a bona fide job with another employer while	8548
the dispute was still in progress, such labor dispute shall not	8549
render the employee ineligible for benefits.	8550

(b) The individual has been given a disciplinary layoff for	8551
misconduct in connection with the individual's work.	8552

(2) For the duration of the individual's unemployment if the	8553
director finds that:	8554

(a) The individual quit work without just cause or has been	8555
discharged for just cause in connection with the individual's	8556
work, provided division (D)(2) of this section does not apply to	8557
the separation of a person under any of the following	8558
circumstances:	8559

(i) Separation from employment for the purpose of entering	8560
the armed forces of the United States if the individual is	8561
inducted into the armed forces within one of the following	8562
periods:	8563

(I) Thirty days after separation;

8564

(II) One hundred eighty days after separation if the	8565
individual's date of induction is delayed solely at the discretion	8566
of the armed forces.	8567

(ii) Separation from employment pursuant to a	8568
labor-management contract or agreement, or pursuant to an	8569
established employer plan, program, or policy, which permits the	8570
employee, because of lack of work, to accept a separation from	8571
employment;	8572

(iii) The individual has left employment to accept a recall	8573
from a prior employer or, except as provided in division	8574
(D)(2)(a)(iv) of this section, to accept other employment as	8575
provided under section 4141.291 of the Revised Code, or left or	8576
was separated from employment that was concurrent employment at	8577
the time of the most recent separation or within six weeks prior	8578
to the most recent separation where the remuneration, hours, or	8579
other conditions of such concurrent employment were substantially	8580
less favorable than the individual's most recent employment and	8581
where such employment, if offered as new work, would be considered	8582
not suitable under the provisions of divisions (E) and (F) of this	8583
section. Any benefits that would otherwise be chargeable to the	8584
account of the employer from whom an individual has left	8585
employment or was separated from employment that was concurrent	8586
employment under conditions described in division (D)(2)(a)(iii)	8587
of this section, shall instead be charged to the mutualized	8588
account created by division (B) of section 4141.25 of the Revised	8589
Code, except that any benefits chargeable to the account of a	8590
reimbursing employer under division (D)(2)(a)(iii) of this section	8591
shall be charged to the account of the reimbursing employer and	8592
not to the mutualized account, except as provided in division	8593
(D)(2) of section 4141.24 of the Revised Code.	8594

(iv) When an individual has been issued a definite layoff	8595
date by the individual's employer and before the layoff date, the	8596
individual quits to accept other employment, the provisions of	8597
division (D)(2)(a)(iii) of this section apply and no	8598
disqualification shall be imposed under division (D) of this	8599
section. However, if the individual fails to meet the employment	8600
and earnings requirements of division (A)(2) of section 4141.291	8601
of the Revised Code, then the individual, pursuant to division	8602
(A)(5) of this section, shall be ineligible for benefits for any	8603
week of unemployment that occurs prior to the layoff date.	8604

(b) The individual has refused without good cause to accept	8605
an offer of suitable work when made by an employer either in	8606
person or to the individual's last known address, or has refused	8607
or failed to investigate a referral to suitable work when directed	8608
to do so by a local employment office of this state or another	8609
state, provided that this division shall not cause a	8610
disqualification for a waiting week or benefits under the	8611
following circumstances:	8612

(i) When work is offered by the individual's employer and the	8613
individual is not required to accept the offer pursuant to the	8614
terms of the labor-management contract or agreement; or	8615

(ii) When the individual is attending a training course	8616
pursuant to division (A)(4) of this section except, in the event	8617
of a refusal to accept an offer of suitable work or a refusal or	8618
failure to investigate a referral, benefits thereafter paid to	8619
such individual shall not be charged to the account of any	8620
employer and, except as provided in division (B)(1)(b) of section	8621
4141.241 of the Revised Code, shall be charged to the mutualized	8622
account as provided in division (B) of section 4141.25 of the	8623
Revised Code.	8624

(c) Such individual quit work to marry or because of marital,	8625
parental, filial, or other domestic obligations.	8626

(d) The individual became unemployed by reason of commitment	8627
to any correctional institution.	8628

(e) The individual became unemployed because of dishonesty in	8629
connection with the individual's most recent or any base period	8630
work. Remuneration earned in such work shall be excluded from the	8631
individual's total base period remuneration and qualifying weeks	8632
that otherwise would be credited to the individual for such work	8633
in the individual's base period shall not be credited for the	8634
purpose of determining the total benefits to which the individual	8635
is eligible and the weekly benefit amount to be paid under section	8636
4141.30 of the Revised Code. Such excluded remuneration and	8637
noncredited qualifying weeks shall be excluded from the	8638
calculation of the maximum amount to be charged, under division	8639
(D) of section 4141.24 and section 4141.33 of the Revised Code,	8640
against the accounts of the individual's base period employers. In	8641
addition, no benefits shall thereafter be paid to the individual	8642
based upon such excluded remuneration or noncredited qualifying	8643
weeks.	8644

For purposes of division (D)(2)(e) of this section,	8645
"dishonesty" means the commission of substantive theft, fraud, or	8646
deceitful acts.	8647

(E) No individual otherwise qualified to receive benefits	8648
shall lose the right to benefits by reason of a refusal to accept	8649
new work if:	8650

(1) As a condition of being so employed the individual would	8651
be required to join a company union, or to resign from or refrain	8652
from joining any bona fide labor organization, or would be denied	8653
the right to retain membership in and observe the lawful rules of	8654
any such organization.	8655

(2) The position offered is vacant due directly to a strike,	8656
lockout, or other labor dispute.	8657

(3) The work is at an unreasonable distance from the	8658
individual's residence, having regard to the character of the work	8659
the individual has been accustomed to do, and travel to the place	8660
of work involves expenses substantially greater than that required	8661
for the individual's former work, unless the expense is provided	8662
for.	8663

(4) The remuneration, hours, or other conditions of the work	8664
offered are substantially less favorable to the individual than	8665
those prevailing for similar work in the locality.	8666

(F) Subject to the special exceptions contained in division	8667
(A)(4)(f) of this section and section 4141.301 of the Revised	8668
Code, in determining whether any work is suitable for a claimant	8669
in the administration of this chapter, the director, in addition	8670
to the determination required under division (E) of this section,	8671
shall consider the degree of risk to the claimant's health,	8672
safety, and morals, the individual's physical fitness for the	8673
work, the individual's prior training and experience, the length	8674
of the individual's unemployment, the distance of the available	8675
work from the individual's residence, and the individual's	8676
prospects for obtaining local work.	8677

(G) The "duration of unemployment" as used in this section	8678
means the full period of unemployment next ensuing after a	8679
separation from any base period or subsequent work and until an	8680
individual has become reemployed in employment subject to this	8681
chapter, or the unemployment compensation act of another state, or	8682
of the United States, and until such individual has worked six	8683
weeks and for those weeks has earned or been paid remuneration	8684
equal to six times an average weekly wage of not less than:	8685
eighty-five dollars and ten cents per week beginning on June 26,	8686
1990; and beginning on and after January 1, 1992, twenty-seven and	8687
one-half per cent of the statewide average weekly wage as computed	8688
each first day of January under division (B)(3) of section 4141.30	8689
of the Revised Code, rounded down to the nearest dollar, except	8690
for purposes of division (D)(2)(c) of this section, such term	8691
means the full period of unemployment next ensuing after a	8692
separation from such work and until such individual has become	8693
reemployed subject to the terms set forth above, and has earned	8694
wages equal to one-half of the individual's average weekly wage or	8695
sixty dollars, whichever is less.	8696

(H) If a claimant is disqualified under division (D)(2)(a),	8697
(c), or (d) of this section or found to be qualified under the	8698
exceptions provided in division (D)(2)(a)(i), (iii), or (iv) of	8699
this section or division (A)(2) of section 4141.291 of the Revised	8700
Code, then benefits that may become payable to such claimant,	8701
which are chargeable to the account of the employer from whom the	8702
individual was separated under such conditions, shall be charged	8703
to the mutualized account provided in section 4141.25 of the	8704
Revised Code, provided that no charge shall be made to the	8705
mutualized account for benefits chargeable to a reimbursing	8706
employer, except as provided in division (D)(2) of section 4141.24	8707
of the Revised Code. In the case of a reimbursing employer, the	8708
director shall refund or credit to the account of the reimbursing	8709
employer any over-paid benefits that are recovered under division	8710
(B) of section 4141.35 of the Revised Code. Amounts chargeable to	8711
other states, the United States, or Canada that are subject to	8712
agreements and arrangements that are established pursuant to	8713
section 4141.43 of the Revised Code shall be credited or	8714
reimbursed according to the agreements and arrangements to which	8715
the chargeable amounts are subject.	8716

(I)(1) Benefits based on service in employment as provided in	8717
divisions (B)(2)(a) and (b) of section 4141.01 of the Revised Code	8718
shall be payable in the same amount, on the same terms, and	8719
subject to the same conditions as benefits payable on the basis of	8720
other service subject to this chapter; except that after December	8721
31, 1977:	8722

(a) Benefits based on service in an instructional, research,	8723
or principal administrative capacity in an institution of higher	8724
education, as defined in division (Y) of section 4141.01 of the	8725
Revised Code; or for an educational institution as defined in	8726
division (CC) of section 4141.01 of the Revised Code, shall not be	8727
paid to any individual for any week of unemployment that begins	8728
during the period between two successive academic years or terms,	8729
or during a similar period between two regular but not successive	8730
terms or during a period of paid sabbatical leave provided for in	8731
the individual's contract, if the individual performs such	8732
services in the first of those academic years or terms and has a	8733
contract or a reasonable assurance that the individual will	8734
perform services in any such capacity for any such institution in	8735
the second of those academic years or terms.	8736

(b) Benefits based on service for an educational institution	8737
or an institution of higher education in other than an	8738
instructional, research, or principal administrative capacity,	8739
shall not be paid to any individual for any week of unemployment	8740
which begins during the period between two successive academic	8741
years or terms of the employing educational institution or	8742
institution of higher education, provided the individual performed	8743
those services for the educational institution or institution of	8744
higher education during the first such academic year or term and,	8745
there is a reasonable assurance that such individual will perform	8746
those services for any educational institution or institution of	8747
higher education in the second of such academic years or terms.	8748

If compensation is denied to any individual for any week	8749
under division (I)(1)(b) of this section and the individual was	8750
not offered an opportunity to perform those services for an	8751
institution of higher education or for an educational institution	8752
for the second of such academic years or terms, the individual is	8753
entitled to a retroactive payment of compensation for each week	8754
for which the individual timely filed a claim for compensation and	8755
for which compensation was denied solely by reason of division	8756
(I)(1)(b) of this section. An application for retroactive benefits	8757
shall be timely filed if received by the director or the	8758
director's deputy within or prior to the end of the fourth full	8759
calendar week after the end of the period for which benefits were	8760
denied because of reasonable assurance of employment. The	8761
provision for the payment of retroactive benefits under division	8762
(I)(1)(b) of this section is applicable to weeks of unemployment	8763
beginning on and after November 18, 1983. The provisions under	8764
division (I)(1)(b) of this section shall be retroactive to	8765
September 5, 1982, only if, as a condition for full tax credit	8766
against the tax imposed by the "Federal Unemployment Tax Act," 53	8767
Stat. 183 (1939), 26 U.S.C.A. 3301 to 3311, the United States	8768
secretary of labor determines that retroactivity is required by	8769
federal law.	8770

(c) With respect to weeks of unemployment beginning after	8771
December 31, 1977, benefits shall be denied to any individual for	8772
any week which commences during an established and customary	8773
vacation period or holiday recess, if the individual performs any	8774
services described in divisions (I)(1)(a) and (b) of this section	8775
in the period immediately before the vacation period or holiday	8776
recess, and there is a reasonable assurance that the individual	8777
will perform any such services in the period immediately following	8778
the vacation period or holiday recess.	8779

(d) With respect to any services described in division	8780
(I)(1)(a), (b), or (c) of this section, benefits payable on the	8781
basis of services in any such capacity shall be denied as	8782
specified in division (I)(1)(a), (b), or (c) of this section to	8783
any individual who performs such services in an educational	8784
institution or institution of higher education while in the employ	8785
of an educational service agency. For this purpose, the term	8786
"educational service agency" means a governmental agency or	8787
governmental entity that is established and operated exclusively	8788
for the purpose of providing services to one or more educational	8789
institutions or one or more institutions of higher education.	8790

(e) Any individual employed by ~~a public school district or~~ a	8791
county board of developmental disabilities shall be notified by	8792
the thirtieth day of April each year if the individual is not to	8793
be reemployed the following academic year.	8794

(f) Any individual employed by a school district shall be	8795
notified by the first day of June each year if the individual is	8796
not to be reemployed the following academic year.	8797

(2) No disqualification will be imposed, between academic	8798
years or terms or during a vacation period or holiday recess under	8799
this division, unless the director or the director's deputy has	8800
received a statement in writing from the educational institution	8801
or institution of higher education that the claimant has a	8802
contract for, or a reasonable assurance of, reemployment for the	8803
ensuing academic year or term.	8804

(3) If an individual has employment with an educational	8805
institution or an institution of higher education and employment	8806
with a noneducational employer, during the base period of the	8807
individual's benefit year, then the individual may become eligible	8808
for benefits during the between-term, or vacation or holiday	8809
recess, disqualification period, based on employment performed for	8810
the noneducational employer, provided that the employment is	8811
sufficient to qualify the individual for benefit rights separately	8812
from the benefit rights based on school employment. The weekly	8813
benefit amount and maximum benefits payable during a	8814
disqualification period shall be computed based solely on the	8815
nonschool employment.	8816

(J) Benefits shall not be paid on the basis of employment	8817
performed by an alien, unless the alien had been lawfully admitted	8818
to the United States for permanent residence at the time the	8819
services were performed, was lawfully present for purposes of	8820
performing the services, or was otherwise permanently residing in	8821
the United States under color of law at the time the services were	8822
performed, under section 212(d)(5) of the "Immigration and	8823
Nationality Act," 66 Stat. 163, 8 U.S.C.A. 1101:	8824

(1) Any data or information required of individuals applying	8825
for benefits to determine whether benefits are not payable to them	8826
because of their alien status shall be uniformly required from all	8827
applicants for benefits.	8828

(2) In the case of an individual whose application for	8829
benefits would otherwise be approved, no determination that	8830
benefits to the individual are not payable because of the	8831
individual's alien status shall be made except upon a	8832
preponderance of the evidence that the individual had not, in	8833
fact, been lawfully admitted to the United States.	8834

(K) The director shall establish and utilize a system of	8835
profiling all new claimants under this chapter that:	8836

(1) Identifies which claimants will be likely to exhaust	8837
regular compensation and will need job search assistance services	8838
to make a successful transition to new employment;	8839

(2) Refers claimants identified pursuant to division (K)(1)	8840
of this section to reemployment services, such as job search	8841
assistance services, available under any state or federal law;	8842

(3) Collects follow-up information relating to the services	8843
received by such claimants and the employment outcomes for such	8844
claimant's subsequent to receiving such services and utilizes such	8845
information in making identifications pursuant to division (K)(1)	8846
of this section; and	8847

(4) Meets such other requirements as the United States	8848
secretary of labor determines are appropriate.	8849

Sec. 4141.293. (A) As used in this section, "learn to earn	8850
program" means any program established by the department of job	8851
and family services that offers a structured, supervised training	8852
opportunity to an eligible unemployment compensation claimant with	8853
a designated worksite training provider.	8854

(B) Participation in a learn to earn program is voluntary.

8855

(C) If a learn to earn program participant is otherwise	8856
eligible for unemployment compensation benefits, the participant	8857
shall continue to receive unemployment compensation benefits	8858
pursuant to this chapter during participation in the program.	8859

(D) A participant in a learn to earn program shall be	8860
registered at an employment office or other registration place	8861
maintained or designated by the director of job and family	8862
services according to the procedure set forth in division (A)(3)	8863
of section 4141.29 of the Revised Code.	8864

(E) A learn to earn program participant may participate in a	8865
learn to earn program for a period not to exceed twenty-four hours	8866
a week for a maximum of six weeks.	8867

Sec. 4301.20. This chapter and Chapter 4303. of the Revised	8868
Code do not prevent the following:	8869

(A) The storage of intoxicating liquor in bonded warehouses,	8870
established in accordance with the acts of congress and under the	8871
regulation of the United States, located in this state, or the	8872
transportation of intoxicating liquor to or from bonded warehouses	8873
of the United States wherever located;	8874

(B) A bona fide resident of this state who is the owner of a	8875
warehouse receipt from obtaining or transporting to the resident's	8876
residence for the resident's own consumption and not for resale	8877
spirituous liquor stored in a government bonded warehouse in this	8878
state or in another state prior to December 1933, subject to such	8879
terms as are prescribed by the division of liquor control;	8880

(C) The manufacture of cider from fruit for the purpose of	8881
making vinegar, and nonintoxicating cider and fruit juices for use	8882
and sale;	8883

(D) A licensed physician or dentist from administering or	8884
dispensing intoxicating liquor or alcohol to a patient in good	8885
faith in the actual course of the practice of the physician's or	8886
dentist's profession;	8887

(E) The sale of alcohol to physicians, dentists, druggists,	8888
veterinary surgeons, manufacturers, hospitals, infirmaries, or	8889
medical or educational institutions using the alcohol for	8890
medicinal, mechanical, chemical, or scientific purposes;	8891

(F) The sale, gift, or keeping for sale by druggists and	8892
others of any of the medicinal preparations manufactured in	8893
accordance with the formulas prescribed by the United States	8894
Pharmacopoeia and National Formulary, patent or proprietary	8895
preparations, and other bona fide medicinal and technical	8896
preparations, which contain no more alcohol than is necessary to	8897
hold the medicinal agents in solution and to preserve the same,	8898
which are manufactured and sold as medicine and not as beverages,	8899
are unfit for use for beverage purposes, and the sale of which	8900
does not require the payment of a United States liquor dealer's	8901
tax;	8902

(G) The manufacture and sale of tinctures or of toilet,	8903
medicinal, and antiseptic preparations and solutions not intended	8904
for internal human use nor to be sold as beverages, and which are	8905
unfit for beverage purposes, if upon the outside of each bottle,	8906
box, or package of which there is printed in the English language,	8907
conspicuously and legibly, the quantity by volume of alcohol in	8908
the preparation or solution;	8909

(H) The manufacture and keeping for sale of the food products	8910
known as flavoring extracts when manufactured and sold for	8911
cooking, culinary, or flavoring purposes, and which are unfit for	8912
use for beverage purposes;	8913

(I) The lawful sale of wood alcohol or of ethyl alcohol for	8914
external use when combined with other substances as to make it	8915
unfit for internal use;	8916

(J) The manufacture, sale, and transport of ethanol or ethyl	8917
alcohol for use as fuel. As used in this division, "ethanol" has	8918
the same meaning as in section 5733.46 of the Revised Code.	8919

(K) The purchase and importation into this state or the	8920
purchase at wholesale from A or B permit holders in this state of	8921
beer and intoxicating liquor for use in manufacturing processes of	8922
nonbeverage food products under terms prescribed by the division,	8923
provided that the terms prescribed by the division shall not	8924
increase the cost of the beer or intoxicating liquor to any	8925
person, firm, or corporation purchasing and importing it into this	8926
state or purchasing it from an A or B permit holder for that use;	8927

(L) Any resident of this state or any member of the armed	8928
forces of the United States, who has attained the age of	8929
twenty-one years, from bringing into this state, for personal use	8930
and not for resale, not more than one liter of spirituous liquor,	8931
four and one-half liters of wine, or two hundred eighty-eight	8932
ounces of beer in any thirty-day period, and the same is free of	8933
any tax consent fee when the resident or member of the armed	8934
forces physically possesses and accompanies the spirituous liquor,	8935
wine, or beer on returning from a foreign country, another state,	8936
or an insular possession of the United States;	8937

(M) Persons, at least twenty-one years of age, who collect	8938
ceramic commemorative bottles containing spirituous liquor that	8939
have unbroken federal tax stamps on them from selling or trading	8940
the bottles to other collectors. The bottles shall originally have	8941
been purchased at retail from the division, legally imported under	8942
division (L) of this section, or legally imported pursuant to a	8943
supplier registration issued by the division. The sales shall be	8944
for the purpose of exchanging a ceramic commemorative bottle	8945
between private collectors and shall not be for the purpose of	8946
selling the spirituous liquor for personal consumption. The sale	8947
or exchange authorized by this division shall not occur on the	8948
premises of any permit holder, shall not be made in connection	8949
with the business of any permit holder, and shall not be made in	8950
connection with any mercantile business.	8951

(N) The sale of beer or intoxicating liquor without a liquor	8952
permit at a private residence, not more than five times per	8953
calendar year at a residence address, at an event that has the	8954
following characteristics:	8955

(1) The event is for a charitable, benevolent, or political	8956
purpose, but shall not include any event the proceeds of which are	8957
for the profit or gain of any individual;	8958

(2) The event has in attendance not more than fifty people;

8959

(3) The event shall be for a period not to exceed twelve	8960
hours;	8961

(4) The sale of beer and intoxicating liquor at the event	8962
shall not take place between two-thirty a.m. and five-thirty a.m.;	8963

(5) No person under twenty-one years of age shall purchase or	8964
consume beer or intoxicating liquor at the event and no beer or	8965
intoxicating liquor shall be sold to any person under twenty-one	8966
years of age at the event; and	8967

(6) No person at the event shall sell or furnish beer or	8968
intoxicating liquor to an intoxicated person.	8969

(O) The possession or consumption of beer or intoxicating	8970
liquor by a person who is under twenty-one years of age and who is	8971
a student at an accredited college or university, provided that	8972
both of the following apply:	8973

(1) The person is required to taste and expectorate the beer	8974
or intoxicating liquor for a culinary, food service, or	8975
hospitality course.	8976

(2) The person is under the direct supervision of the	8977
instructor of the culinary, food service, or hospitality course.	8978

Sec. 5104.01. As used in this chapter:

8979

(A) "Administrator" means the person responsible for the	8980
daily operation of a center or type A home. The administrator and	8981
the owner may be the same person.	8982

(B) "Approved child day camp" means a child day camp approved	8983
pursuant to section 5104.22 of the Revised Code.	8984

(C) "Authorized provider" means a person authorized by a	8985
county director of job and family services to operate a certified	8986
type B family day-care home.	8987

(D) "Border state child care provider" means a child care	8988
provider that is located in a state bordering Ohio and that is	8989
licensed, certified, or otherwise approved by that state to	8990
provide child care.	8991

(E) "Career pathways model" means an alternative pathway to	8992
meeting the requirements ~~for~~to be a child-care staff member or	8993
administrator that ~~uses one~~does both of the following:	8994

(1) Uses a framework approved by the director of job and	8995
family services to ~~integrate the pathways of~~document formal	8996
education, training, experience, and specialized credentials, and	8997
certifications~~, and that allows~~;	8998

(2) Allows the child-care staff member or administrator to	8999
achieve a designation as an early childhood professional level	9000
one, two, three, four, five, or six.	9001

(F) "Caretaker parent" means the father or mother of a child	9002
whose presence in the home is needed as the caretaker of the	9003
child, a person who has legal custody of a child and whose	9004
presence in the home is needed as the caretaker of the child, a	9005
guardian of a child whose presence in the home is needed as the	9006
caretaker of the child, and any other person who stands in loco	9007
parentis with respect to the child and whose presence in the home	9008
is needed as the caretaker of the child.	9009

(G) "Certified type B family day-care home" and "certified	9010
type B home" mean a type B family day-care home that is certified	9011
by the director of the county department of job and family	9012
services pursuant to section 5104.11 of the Revised Code to	9013
receive public funds for providing child care pursuant to this	9014
chapter and any rules adopted under it.	9015

(H) "Chartered nonpublic school" means a school that meets	9016
standards for nonpublic schools prescribed by the state board of	9017
education for nonpublic schools pursuant to section 3301.07 of the	9018
Revised Code.	9019

(I) "Child" includes an infant, toddler, ~~preschool~~	9020
preschool-age child, or ~~school~~school-age child.	9021

(J) "Child care block grant act" means the "Child Care and	9022
Development Block Grant Act of 1990," established in section 5082	9023
of the "Omnibus Budget Reconciliation Act of 1990," 104 Stat.	9024
1388-236 (1990), 42 U.S.C. 9858, as amended.	9025

(K) "Child day camp" means a program in which only ~~school~~	9026
school-age children attend or participate, that operates for no	9027
more than seven hours per day, that operates only during one or	9028
more public school district's regular vacation periods or for no	9029
more than fifteen weeks during the summer, and that operates	9030
outdoor activities for each child who attends or participates in	9031
the program for a minimum of fifty per cent of each day that	9032
children attend or participate in the program, except for any day	9033
when hazardous weather conditions prevent the program from	9034
operating outdoor activities for a minimum of fifty per cent of	9035
that day. For purposes of this division, the maximum seven hours	9036
of operation time does not include transportation time from a	9037
child's home to a child day camp and from a child day camp to a	9038
child's home.	9039

(L) "Child care" means administering to the needs of infants,	9040
toddlers, ~~preschool~~preschool-age children, and ~~school~~school-age	9041
children outside of school hours by persons other than their	9042
parents or guardians, custodians, or relatives by blood, marriage,	9043
or adoption for any part of the twenty-four-hour day in a place or	9044
residence other than a child's own home.	9045

(M) "Child day-care center" and "center" mean any place in	9046
which child care or publicly funded child care is provided for	9047
thirteen or more children at one time or any place that is not the	9048
permanent residence of the licensee or administrator in which	9049
child care or publicly funded child care is provided for seven to	9050
twelve children at one time. In counting children for the purposes	9051
of this division, any children under six years of age who are	9052
related to a licensee, administrator, or employee and who are on	9053
the premises of the center shall be counted. "Child day-care	9054
center" and "center" do not include any of the following:	9055

(1) A place located in and operated by a hospital, as defined	9056
in section 3727.01 of the Revised Code, in which the needs of	9057
children are administered to, if all the children whose needs are	9058
being administered to are monitored under the on-site supervision	9059
of a physician licensed under Chapter 4731. of the Revised Code or	9060
a registered nurse licensed under Chapter 4723. of the Revised	9061
Code, and the services are provided only for children who, in the	9062
opinion of the child's parent, guardian, or custodian, are	9063
exhibiting symptoms of a communicable disease or other illness or	9064
are injured;	9065

(2) A child day camp;

9066

(3) A place that provides child care, but not publicly funded	9067
child care, if all of the following apply:	9068

(a) An organized religious body provides the child care;

9069

(b) A parent, custodian, or guardian of at least one child	9070
receiving child care is on the premises and readily accessible at	9071
all times;	9072

(c) The child care is not provided for more than thirty days	9073
a year;	9074

(d) The child care is provided only for ~~preschool~~	9075
preschool-age and ~~school~~school-age children.	9076

(N) "Child care resource and referral service organization"	9077
means a community-based nonprofit organization that provides child	9078
care resource and referral services but not child care.	9079

(O) "Child care resource and referral services" means all of	9080
the following services:	9081

(1) Maintenance of a uniform data base of all child care	9082
providers in the community that are in compliance with this	9083
chapter, including current occupancy and vacancy data;	9084

(2) Provision of individualized consumer education to	9085
families seeking child care;	9086

(3) Provision of timely referrals of available child care	9087
providers to families seeking child care;	9088

(4) Recruitment of child care providers;

9089

(5) Assistance in the development, conduct, and dissemination	9090
of training for child care providers and provision of technical	9091
assistance to current and potential child care providers,	9092
employers, and the community;	9093

(6) Collection and analysis of data on the supply of and	9094
demand for child care in the community;	9095

(7) Technical assistance concerning locally, state, and	9096
federally funded child care and early childhood education	9097
programs;	9098

(8) Stimulation of employer involvement in making child care	9099
more affordable, more available, safer, and of higher quality for	9100
their employees and for the community;	9101

(9) Provision of written educational materials to caretaker	9102
parents and informational resources to child care providers;	9103

(10) Coordination of services among child care resource and	9104
referral service organizations to assist in developing and	9105
maintaining a statewide system of child care resource and referral	9106
services if required by the department of job and family services;	9107

(11) Cooperation with the county department of job and family	9108
services in encouraging the establishment of parent cooperative	9109
child care centers and parent cooperative type A family day-care	9110
homes.	9111

(P) "Child-care staff member" means an employee of a child	9112
day-care center or type A family day-care home who is primarily	9113
responsible for the care and supervision of children. The	9114
administrator may be a part-time child-care staff member when not	9115
involved in other duties.	9116

(Q) "Drop-in child day-care center," "drop-in center,"	9117
"drop-in type A family day-care home," and "drop-in type A home"	9118
mean a center or type A home that provides child care or publicly	9119
funded child care for children on a temporary, irregular basis.	9120

(R) "Employee" means a person who either:

9121

(1) Receives compensation for duties performed in a child	9122
day-care center or type A family day-care home;	9123

(2) Is assigned specific working hours or duties in a child	9124
day-care center or type A family day-care home.	9125

(S) "Employer" means a person, firm, institution,	9126
organization, or agency that operates a child day-care center or	9127
type A family day-care home subject to licensure under this	9128
chapter.	9129

(T) "Federal poverty line" means the official poverty	9130
guideline as revised annually in accordance with section 673(2) of	9131
the "Omnibus Budget Reconciliation Act of 1981," 95 Stat. 511, 42	9132
U.S.C. 9902, as amended, for a family size equal to the size of	9133
the family of the person whose income is being determined.	9134

(U) "Head start program" means a comprehensive child	9135
development program that receives funds distributed under the	9136
"Head Start Act," 95 Stat. 499 (1981), 42 U.S.C.A. 9831, as	9137
amended, and is licensed as a child day-care center.	9138

(V) "Income" means gross income, as defined in section	9139
5107.10 of the Revised Code, less any amounts required by federal	9140
statutes or regulations to be disregarded.	9141

(W) "Indicator checklist" means an inspection tool, used in	9142
conjunction with an instrument-based program monitoring	9143
information system, that contains selected licensing requirements	9144
that are statistically reliable indicators or predictors of a	9145
child day-care center or type A family day-care home's compliance	9146
with licensing requirements.	9147

(X) "Infant" means a child who is less than eighteen months	9148
of age.	9149

(Y) "In-home aide" means a person who does not reside with	9150
the child but provides care in the child's home and is certified	9151
by a county director of job and family services pursuant to	9152
section 5104.12 of the Revised Code to provide publicly funded	9153
child care to a child in a child's own home pursuant to this	9154
chapter and any rules adopted under it.	9155

(Z) "Instrument-based program monitoring information system"	9156
means a method to assess compliance with licensing requirements	9157
for child day-care centers and type A family day-care homes in	9158
which each licensing requirement is assigned a weight indicative	9159
of the relative importance of the requirement to the health,	9160
growth, and safety of the children that is used to develop an	9161
indicator checklist.	9162

(AA) "License capacity" means the maximum number in each age	9163
category of children who may be cared for in a child day-care	9164
center or type A family day-care home at one time as determined by	9165
the director of job and family services considering building	9166
occupancy limits established by the department of commerce, amount	9167
of available indoor floor space and outdoor play space, and amount	9168
of available play equipment, materials, and supplies. For the	9169
purposes of a provisional license issued under this chapter, the	9170
director shall also consider the number of available child-care	9171
staff members when determining "license capacity" for the	9172
provisional license.	9173

(BB) "Licensed child care program" means any of the	9174
following:	9175

(1) A child day-care center licensed by the department of job	9176
and family services pursuant to this chapter;	9177

(2) A type A family day-care home licensed by the department	9178
of job and family services pursuant to this chapter;	9179

(3) A type B family day-care home certified by a county	9180
department of job and family services pursuant to this chapter;	9181

(4) A licensed preschool program or licensed school child	9182
program.	9183

(CC) "Licensed preschool program" or "licensed school child	9184
program" means a preschool program or school child program, as	9185
defined in section 3301.52 of the Revised Code, that is licensed	9186
by the department of education pursuant to sections 3301.52 to	9187
3301.59 of the Revised Code.	9188

~~(CC)~~(DD) "Licensee" means the owner of a child day-care	9189
center or type A family day-care home that is licensed pursuant to	9190
this chapter and who is responsible for ensuring its compliance	9191
with this chapter and rules adopted pursuant to this chapter.	9192

~~(DD)~~(EE) "Operate a child day camp" means to operate,	9193
establish, manage, conduct, or maintain a child day camp.	9194

~~(EE)~~(FF) "Owner" includes a person, as defined in section	9195
1.59 of the Revised Code, or government entity.	9196

~~(FF)~~(GG) "Parent cooperative child day-care center," "parent	9197
cooperative center," "parent cooperative type A family day-care	9198
home," and "parent cooperative type A home" mean a corporation or	9199
association organized for providing educational services to the	9200
children of members of the corporation or association, without	9201
gain to the corporation or association as an entity, in which the	9202
services of the corporation or association are provided only to	9203
children of the members of the corporation or association,	9204
ownership and control of the corporation or association rests	9205
solely with the members of the corporation or association, and at	9206
least one parent-member of the corporation or association is on	9207
the premises of the center or type A home during its hours of	9208
operation.	9209

~~(GG)~~(HH) "Part-time child day-care center," "part-time	9210
center," "part-time type A family day-care home," and "part-time	9211
type A home" mean a center or type A home that provides child care	9212
or publicly funded child care for no more than four hours a day	9213
for any child.	9214

~~(HH)~~(II) "Place of worship" means a building where activities	9215
of an organized religious group are conducted and includes the	9216
grounds and any other buildings on the grounds used for such	9217
activities.	9218

~~(II)~~(JJ) "~~Preschool~~Preschool-age child" means a child who is	9219
three years old or older but is not a ~~school~~school-age child.	9220

~~(JJ)~~(KK) "Protective child care" means publicly funded child	9221
care for the direct care and protection of a child to whom either	9222
of the following applies:	9223

(1) A case plan prepared and maintained for the child	9224
pursuant to section 2151.412 of the Revised Code indicates a need	9225
for protective care and the child resides with a parent,	9226
stepparent, guardian, or another person who stands in loco	9227
parentis as defined in rules adopted under section 5104.38 of the	9228
Revised Code;	9229

(2) The child and the child's caretaker either temporarily	9230
reside in a facility providing emergency shelter for homeless	9231
families or are determined by the county department of job and	9232
family services to be homeless, and are otherwise ineligible for	9233
publicly funded child care.	9234

~~(KK)~~(LL) "Publicly funded child care" means administering to	9235
the needs of infants, toddlers, ~~preschool~~preschool-age children,	9236
and ~~school~~school-age children under age thirteen during any part	9237
of the twenty-four-hour day by persons other than their caretaker	9238
parents for remuneration wholly or in part with federal or state	9239
funds, including funds available under the child care block grant	9240
act, Title IV-A, and Title XX, distributed by the department of	9241
job and family services.	9242

~~(LL)~~(MM) "Religious activities" means any of the following:	9243
worship or other religious services; religious instruction; Sunday	9244
school classes or other religious classes conducted during or	9245
prior to worship or other religious services; youth or adult	9246
fellowship activities; choir or other musical group practices or	9247
programs; meals; festivals; or meetings conducted by an organized	9248
religious group.	9249

~~(MM)~~(NN) "~~School~~School-age child" means a child who is	9250
enrolled in or is eligible to be enrolled in a grade of	9251
kindergarten or above but is less than fifteen years old.	9252

~~(NN)~~(OO) "~~School child day-care center," "school~~School-age	9253
child care center," ~~"school child type A family day-care home,"~~	9254
and "~~school~~school-age child type A ~~family~~ home" mean a center or	9255
type A home that provides child care for ~~school~~school-age	9256
children only and that does either or both of the following:	9257

(1) Operates only during that part of the day that	9258
immediately precedes or follows the public school day of the	9259
school district in which the center or type A home is located;	9260

(2) Operates only when the public schools in the school	9261
district in which the center or type A home is located are not	9262
open for instruction with pupils in attendance.	9263

~~(OO)~~(PP) "Serious risk noncompliance" means a licensure or	9264
certification rule violation that leads to a great risk of harm	9265
to, or death of, a child, and is observable, not inferable.	9266

~~(PP)~~(QQ) "State median income" means the state median income	9267
calculated by the department of development pursuant to division	9268
(A)(1)(g) of section 5709.61 of the Revised Code.	9269

~~(QQ)~~(RR) "Title IV-A" means Title IV-A of the "Social	9270
Security Act," 110 Stat. 2113 (1996), 42 U.S.C. 601, as amended.	9271

~~(RR)~~(SS) "Title XX" means Title XX of the "Social Security	9272
Act," 88 Stat. 2337 (1974), 42 U.S.C. 1397, as amended.	9273

~~(SS)~~(TT) "Toddler" means a child who is at least eighteen	9274
months of age but less than three years of age.	9275

~~(TT)~~(UU) "Type A family day-care home" and "type A home" mean	9276
a permanent residence of the administrator in which child care or	9277
publicly funded child care is provided for seven to twelve	9278
children at one time or a permanent residence of the administrator	9279
in which child care is provided for four to twelve children at one	9280
time if four or more children at one time are under two years of	9281
age. In counting children for the purposes of this division, any	9282
children under six years of age who are related to a licensee,	9283
administrator, or employee and who are on the premises of the type	9284
A home shall be counted. "Type A family day-care home" and "type A	9285
home" do not include any child day camp.	9286

~~(UU)~~(VV) "Type B family day-care home" and "type B home" mean	9287
a permanent residence of the provider in which child care is	9288
provided for one to six children at one time and in which no more	9289
than three children are under two years of age at one time. In	9290
counting children for the purposes of this division, any children	9291
under six years of age who are related to the provider and who are	9292
on the premises of the type B home shall be counted. "Type B	9293
family day-care home" and "type B home" do not include any child	9294
day camp.	9295

Sec. 5104.011. (A) The director of job and family services	9296
shall adopt rules pursuant to Chapter 119. of the Revised Code	9297
governing the operation of child day-care centers, including, but	9298
not limited to, parent cooperative centers, part-time centers,	9299
drop-in centers, and ~~school~~school-age child care centers, which	9300
rules shall reflect the various forms of child care and the needs	9301
of children receiving child care or publicly funded child care and	9302
shall include specific rules for ~~school~~school-age child care	9303
centers that are developed in consultation with the department of	9304
education. The rules shall not require an existing school facility	9305
that is in compliance with applicable building codes to undergo an	9306
additional building code inspection or to have structural	9307
modifications. The rules shall include the following:	9308

(1) Submission of a site plan and descriptive plan of	9309
operation to demonstrate how the center proposes to meet the	9310
requirements of this chapter and rules adopted pursuant to this	9311
chapter for the initial license application;	9312

(2) Standards for ensuring that the physical surroundings of	9313
the center are safe and sanitary including, but not limited to,	9314
the physical environment, the physical plant, and the equipment of	9315
the center;	9316

(3) Standards for the supervision, care, and discipline of	9317
children receiving child care or publicly funded child care in the	9318
center;	9319

(4) Standards for a program of activities, and for play	9320
equipment, materials, and supplies, to enhance the development of	9321
each child; however, any educational curricula, philosophies, and	9322
methodologies that are developmentally appropriate and that	9323
enhance the social, emotional, intellectual, and physical	9324
development of each child shall be permissible. As used in this	9325
division, "program" does not include instruction in religious or	9326
moral doctrines, beliefs, or values that is conducted at child	9327
day-care centers owned and operated by churches and does include	9328
methods of disciplining children at child day-care centers.	9329

(5) Admissions policies and procedures, health care policies	9330
and procedures, including, but not limited to, procedures for the	9331
isolation of children with communicable diseases, first aid and	9332
emergency procedures, procedures for discipline and supervision of	9333
children, standards for the provision of nutritious meals and	9334
snacks, and procedures for screening children and employees, that	9335
may include any necessary physical examinations and immunizations;	9336

(6) Methods for encouraging parental participation in the	9337
center and methods for ensuring that the rights of children,	9338
parents, and employees are protected and that responsibilities of	9339
parents and employees are met;	9340

(7) Procedures for ensuring the safety and adequate	9341
supervision of children traveling off the premises of the center	9342
while under the care of a center employee;	9343

(8) Procedures for record keeping, organization, and	9344
administration;	9345

(9) Procedures for issuing, denying, and revoking a license	9346
that are not otherwise provided for in Chapter 119. of the Revised	9347
Code;	9348

(10) Inspection procedures;

9349

(11) Procedures and standards for setting initial license	9350
application fees;	9351

(12) Procedures for receiving, recording, and responding to	9352
complaints about centers;	9353

(13) Procedures for enforcing section 5104.04 of the Revised	9354
Code;	9355

(14) A standard requiring the inclusion, on and after July 1,	9356
1987, of a current department of job and family services toll-free	9357
telephone number on each center provisional license or license	9358
which any person may use to report a suspected violation by the	9359
center of this chapter or rules adopted pursuant to this chapter;	9360

(15) Requirements for the training of administrators and	9361
child-care staff members in first aid, in prevention, recognition,	9362
and management of communicable diseases, and in child abuse	9363
recognition and prevention. Training requirements for child	9364
day-care centers adopted under this division shall be consistent	9365
with divisions (B)(6) and (C)(1) of this section.	9366

(16) Standards providing for the special needs of children	9367
who are handicapped or who require treatment for health conditions	9368
while the child is receiving child care or publicly funded child	9369
care in the center;	9370

(17) A procedure for reporting of injuries of children that	9371
occur at the center;	9372

(18) Any other procedures and standards necessary to carry	9373
out this chapter.	9374

(B)(1) The child day-care center shall have, for each child	9375
for whom the center is licensed, at least thirty-five square feet	9376
of usable indoor floor space wall-to-wall regularly available for	9377
the child care operation exclusive of any parts of the structure	9378
in which the care of children is prohibited by law or by rules	9379
adopted by the board of building standards. The minimum of	9380
thirty-five square feet of usable indoor floor space shall not	9381
include hallways, kitchens, storage areas, or any other areas that	9382
are not available for the care of children, as determined by the	9383
director, in meeting the space requirement of this division, and	9384
bathrooms shall be counted in determining square footage only if	9385
they are used exclusively by children enrolled in the center,	9386
except that the exclusion of hallways, kitchens, storage areas,	9387
bathrooms not used exclusively by children enrolled in the center,	9388
and any other areas not available for the care of children from	9389
the minimum of thirty-five square feet of usable indoor floor	9390
space shall not apply to:	9391

(a) Centers licensed prior to or on September 1, 1986, that	9392
continue under licensure after that date;	9393

(b) Centers licensed prior to or on September 1, 1986, that	9394
are issued a new license after that date solely due to a change of	9395
ownership of the center.	9396

(2) The child day-care center shall have on the site a safe	9397
outdoor play space which is enclosed by a fence or otherwise	9398
protected from traffic or other hazards. The play space shall	9399
contain not less than sixty square feet per child using such space	9400
at any one time, and shall provide an opportunity for supervised	9401
outdoor play each day in suitable weather. The director may exempt	9402
a center from the requirement of this division, if an outdoor play	9403
space is not available and if all of the following are met:	9404

(a) The center provides an indoor recreation area that has	9405
not less than sixty square feet per child using the space at any	9406
one time, that has a minimum of one thousand four hundred forty	9407
square feet of space, and that is separate from the indoor space	9408
required under division (B)(1) of this section.	9409

(b) The director has determined that there is regularly	9410
available and scheduled for use a conveniently accessible and safe	9411
park, playground, or similar outdoor play area for play or	9412
recreation.	9413

(c) The children are closely supervised during play and while	9414
traveling to and from the area.	9415

The director also shall exempt from the requirement of this	9416
division a child day-care center that was licensed prior to	9417
September 1, 1986, if the center received approval from the	9418
director prior to September 1, 1986, to use a park, playground, or	9419
similar area, not connected with the center, for play or	9420
recreation in lieu of the outdoor space requirements of this	9421
section and if the children are closely supervised both during	9422
play and while traveling to and from the area and except if the	9423
director determines upon investigation and inspection pursuant to	9424
section 5104.04 of the Revised Code and rules adopted pursuant to	9425
that section that the park, playground, or similar area, as well	9426
as access to and from the area, is unsafe for the children.	9427

(3) The child day-care center shall have at least two	9428
responsible adults available on the premises at all times when	9429
seven or more children are in the center. The center shall	9430
organize the children in the center in small groups, shall provide	9431
child-care staff to give continuity of care and supervision to the	9432
children on a day-by-day basis, and shall ensure that no child is	9433
left alone or unsupervised. Except as otherwise provided in	9434
division (E) of this section, the maximum number of children per	9435
child-care staff member and maximum group size, by age category of	9436
children, are as follows:	9437

	Maximum Number of		9438
	Children Per	Maximum	9439
Age Category	Child-Care	Group	9440
of Children	Staff Member	Size	9441
(a) Infants:			9442
(i) Less than twelve			9443
months old	5:1, or		9444
	12:2 if two		9445
	child-care		9446
	staff members		9447
	are in the room	12	9448
(ii) At least twelve			9449
months old, but			9450
less than eighteen			9451
months old	6:1	12	9452
(b) Toddlers:			9453
(i) At least eighteen			9454
months old, but			9455
less than thirty			9456
months old	7:1	14	9457
(ii) At least thirty months			9458
old, but less than			9459
three years old	8:1	16	9460
(c) ~~Preschool~~ Preschool-age			9461
children:			9462
(i) Three years old	12:1	24	9463
(ii) Four years old and			9464
five years old who			9465
are not school			9466
children	14:1	28	9467
(d) ~~School~~ School-age children:			9468
(i) A child who is			9469
enrolled in or is			9470
eligible to be			9471
enrolled in a grade			9472
of kindergarten			9473
or above, but			9474
is less than			9475
eleven years old	18:1	36	9476
(ii) Eleven through fourteen			9477
years old	20:1	40	9478

Except as otherwise provided in division (E) of this section,	9479
the maximum number of children per child-care staff member and	9480
maximum group size requirements of the younger age group shall	9481
apply when age groups are combined.	9482

~~(4)(a) The child day-care center administrator shall show the~~	9483
~~director both of the following:~~	9484

~~(i) Evidence of at least high school graduation or~~	9485
~~certification of high school equivalency by the state board of~~	9486
~~education or the appropriate agency of another state;~~	9487

~~(ii) Evidence of having completed at least two years of~~	9488
~~training in an accredited college, university, or technical~~	9489
~~college, including courses in child development or early childhood~~	9490
~~education, at least two years of experience in supervising and~~	9491
~~giving daily care to children attending an organized group~~	9492
~~program, or the equivalent based on a designation as an "early~~	9493
~~childhood professional level three" under the career pathways~~	9494
~~model of the quality-rating program established under section~~	9495
~~5104.30 of the Revised Code.~~	9496

~~(b) In addition to the requirements of division (B)(4)(a) of~~	9497
~~this section and except as provided in division (B)(4)(c) of this~~	9498
~~section, any administrator employed or designated as such prior to~~	9499
~~the effective date of this section, as amended, shall show~~	9500
~~evidence of at least one of the following within six years after~~	9501
~~the date of employment or designation:~~	9502

~~(i) Two years of experience working as a child-care staff~~	9503
~~member in a center and at least four courses in child development~~	9504
~~or early childhood education from an accredited college,~~	9505
~~university, or technical college, except that a person who has two~~	9506
~~years of experience working as a child-care staff member in a~~	9507
~~particular center and who has been promoted to or designated as~~	9508
~~administrator of that center shall have one year from the time the~~	9509
~~person was promoted to or designated as administrator to complete~~	9510
~~the required four courses;~~	9511

~~(ii) Two years of training, including at least four courses~~	9512
~~in child development or early childhood education from an~~	9513
~~accredited college, university, or technical college;~~	9514

~~(iii) A child development associate credential issued by the~~	9515
~~national child development associate credentialing commission;~~	9516

~~(iv) An associate or higher degree in child development or~~	9517
~~early childhood education from an accredited college, technical~~	9518
~~college, or university, or a license designated for teaching in an~~	9519
~~associate teaching position in a preschool setting issued by the~~	9520
~~state board of education.~~	9521

~~(c) For the purposes of division (B)(4)(b) of this section,~~	9522
~~any administrator employed or designated as such prior to the~~	9523
~~effective date of this section, as amended, may also show evidence~~	9524
~~of an administrator's credential as approved by the department of~~	9525
~~job and family services in lieu of, or in addition to, the~~	9526
~~evidence required under division (B)(4)(b) of this section. The~~	9527
~~evidence of an administrator's credential must be shown to the~~	9528
~~director not later than one year after the date of employment or~~	9529
~~designation.~~	9530

~~(d) In addition to the requirements of division (B)(4)(a) of~~	9531
~~this section, any administrator employed or designated as such on~~	9532
~~or after the effective date of this section, as amended, shall~~	9533
~~show evidence of at least one of the following not later than one~~	9534
~~year after the date of employment or designation:~~	9535

~~(i) Two years of experience working as a child-care staff~~	9536
~~member in a center and at least four courses in child development~~	9537
~~or early childhood education from an accredited college,~~	9538
~~university, or technical college, except that a person who has two~~	9539
~~years of experience working as a child-care staff member in a~~	9540
~~particular center and who has been promoted to or designated as~~	9541
~~administrator of that center shall have one year from the time the~~	9542
~~person was promoted to or designated as administrator to complete~~	9543
~~the required four courses;~~	9544

~~(ii) Two years of training, including at least four courses~~	9545
~~in child development or early childhood education from an~~	9546
~~accredited college, university, or technical college;~~	9547

~~(iii) A child development associate credential issued by the~~	9548
~~national child development associate credentialing commission;~~	9549

~~(iv) An associate or higher degree in child development or~~	9550
~~early childhood education from an accredited college, technical~~	9551
~~college, or university, or a license designated for teaching in an~~	9552
~~associate teaching position in a preschool setting issued by the~~	9553
~~state board of education;~~	9554

~~(v) An administrator's credential as approved by the~~	9555
~~department of job and family services.~~	9556

~~(5) All child-care staff members of a child day-care center~~	9557
~~shall be at least eighteen years of age, and shall furnish the~~	9558
~~director evidence of at least high school graduation or~~	9559
~~certification of high school equivalency by the state board of~~	9560
~~education or the appropriate agency of another state or evidence~~	9561
~~of completion of a training program approved by the department of~~	9562
~~job and family services or state board of education, except as~~	9563
~~follows:~~	9564

~~(a) A child-care staff member may be less than eighteen years~~	9565
~~of age if the staff member is either of the following:~~	9566

~~(i) A graduate of a two-year vocational child-care training~~	9567
~~program approved by the state board of education;~~	9568

~~(ii) A student enrolled in the second year of a vocational~~	9569
~~child-care training program approved by the state board of~~	9570
~~education which leads to high school graduation, provided that the~~	9571
~~student performs the student's duties in the child day-care center~~	9572
~~under the continuous supervision of an experienced child-care~~	9573
~~staff member, receives periodic supervision from the vocational~~	9574
~~child-care training program teacher-coordinator in the student's~~	9575
~~high school, and meets all other requirements of this chapter and~~	9576
~~rules adopted pursuant to this chapter.~~	9577

~~(b) A child-care staff member shall be exempt from the~~	9578
~~educational requirements of this division if the staff member:~~	9579

~~(i) Prior to January 1, 1972, was employed or designated by a~~	9580
~~child day-care center and has been continuously employed since~~	9581
~~either by the same child day-care center employer or at the same~~	9582
~~child day-care center;~~	9583

~~(ii) Is a student enrolled in the second year of a vocational~~	9584
~~child-care training program approved by the state board of~~	9585
~~education which leads to high school graduation, provided that the~~	9586
~~student performs the student's duties in the child day-care center~~	9587
~~under the continuous supervision of an experienced child-care~~	9588
~~staff member, receives periodic supervision from the vocational~~	9589
~~child-care training program teacher-coordinator in the student's~~	9590
~~high school, and meets all other requirements of this chapter and~~	9591
~~rules adopted pursuant to this chapter;~~	9592

~~(iii) Is receiving or has completed the final year of~~	9593
~~instruction at home as authorized under section 3321.04 of the~~	9594
~~Revised Code or has graduated from a nonchartered, nonpublic~~	9595
~~school in Ohio.~~	9596

~~(6) Every child care staff member of a child day-care center~~	9597
~~annually shall complete fifteen hours of inservice training in~~	9598
~~child development or early childhood education, child abuse~~	9599
~~recognition and prevention, first aid, and in prevention,~~	9600
~~recognition, and management of communicable diseases, until a~~	9601
~~total of forty-five hours of training has been completed, unless~~	9602
~~the staff member furnishes one of the following to the director:~~	9603

~~(a) Evidence of an associate or higher degree in child~~	9604
~~development or early childhood education from an accredited~~	9605
~~college, university, or technical college;~~	9606

~~(b) A license designated for teaching in an associate~~	9607
~~teaching position in a preschool setting issued by the state board~~	9608
~~of education;~~	9609

~~(c) Evidence of a child development associate credential;~~

9610

~~(d) Evidence of a preprimary credential from the American~~	9611
~~Montessori society or the association Montessori internationale.~~	9612
~~For the purposes of division (B)(6) of this section, "hour" means~~	9613
~~sixty minutes.~~	9614

(C)(1) Each child day-care center shall have on the center	9615
premises and readily available at all times at least one	9616
child-care staff member who has completed a course in first aid,	9617
one staff member who has completed a course in prevention,	9618
recognition, and management of communicable diseases which is	9619
approved by the state department of health, and a staff member who	9620
has completed a course in child abuse recognition and prevention	9621
training which is approved by the department of job and family	9622
services.	9623

(2) The administrator of each child day-care center shall	9624
maintain enrollment, health, and attendance records for all	9625
children attending the center and health and employment records	9626
for all center employees. The records shall be confidential,	9627
except that they shall be disclosed by the administrator to the	9628
director upon request for the purpose of administering and	9629
enforcing this chapter and rules adopted pursuant to this chapter.	9630
Neither the center nor the licensee, administrator, or employees	9631
of the center shall be civilly or criminally liable in damages or	9632
otherwise for records disclosed to the director by the	9633
administrator pursuant to this division. It shall be a defense to	9634
any civil or criminal charge based upon records disclosed by the	9635
administrator to the director that the records were disclosed	9636
pursuant to this division.	9637

(3)(a) Any parent who is the residential parent and legal	9638
custodian of a child enrolled in a child day-care center and any	9639
custodian or guardian of such a child shall be permitted unlimited	9640
access to the center during its hours of operation for the	9641
purposes of contacting their children, evaluating the care	9642
provided by the center, evaluating the premises of the center, or	9643
for other purposes approved by the director. A parent of a child	9644
enrolled in a child day-care center who is not the child's	9645
residential parent shall be permitted unlimited access to the	9646
center during its hours of operation for those purposes under the	9647
same terms and conditions under which the residential parent of	9648
that child is permitted access to the center for those purposes.	9649
However, the access of the parent who is not the residential	9650
parent is subject to any agreement between the parents and, to the	9651
extent described in division (C)(3)(b) of this section, is subject	9652
to any terms and conditions limiting the right of access of the	9653
parent who is not the residential parent, as described in division	9654
(I) of section 3109.051 of the Revised Code, that are contained in	9655
a parenting time order or decree issued under that section,	9656
section 3109.12 of the Revised Code, or any other provision of the	9657
Revised Code.	9658

(b) If a parent who is the residential parent of a child has	9659
presented the administrator or the administrator's designee with a	9660
copy of a parenting time order that limits the terms and	9661
conditions under which the parent who is not the residential	9662
parent is to have access to the center, as described in division	9663
(I) of section 3109.051 of the Revised Code, the parent who is not	9664
the residential parent shall be provided access to the center only	9665
to the extent authorized in the order. If the residential parent	9666
has presented such an order, the parent who is not the residential	9667
parent shall be permitted access to the center only in accordance	9668
with the most recent order that has been presented to the	9669
administrator or the administrator's designee by the residential	9670
parent or the parent who is not the residential parent.	9671

(c) Upon entering the premises pursuant to division (C)(3)(a)	9672
or (b) of this section, the parent who is the residential parent	9673
and legal custodian, the parent who is not the residential parent,	9674
or the custodian or guardian shall notify the administrator or the	9675
administrator's designee of the parent's, custodian's, or	9676
guardian's presence.	9677

(D) The director of job and family services, in addition to	9678
the rules adopted under division (A) of this section, shall adopt	9679
rules establishing minimum requirements for child day-care	9680
centers. The rules shall include, but not be limited to, the	9681
requirements set forth in divisions (B) and (C) of this section	9682
and sections 5104.031, 5104.032, and 5104.033 of the Revised Code.	9683
Except as provided in section 5104.07 of the Revised Code, the	9684
rules shall not change the square footage requirements of division	9685
(B)(1) or (2) of this section; the maximum number of children per	9686
child-care staff member and maximum group size requirements of	9687
division (B)(3) of this section; the educational and experience	9688
requirements of ~~division (B)(4) of this~~ section 5104.031 of the	9689
Revised Code; the age, educational, and experience requirements of	9690
~~division (B)(5) of this~~ section 5104.032 of the Revised Code; the	9691
number and type of inservice training hours required under	9692
~~division (B)(6) of this~~ section 5104.033 of the Revised Code;	9693
however, the rules shall provide procedures for determining	9694
compliance with those requirements.	9695

(E)(1) When age groups are combined, the maximum number of	9696
children per child-care staff member shall be determined by the	9697
age of the youngest child in the group, except that when no more	9698
than one child thirty months of age or older receives services in	9699
a group in which all the other children are in the next older age	9700
group, the maximum number of children per child-care staff member	9701
and maximum group size requirements of the older age group	9702
established under division (B)(3) of this section shall apply.	9703

(2) The maximum number of toddlers or ~~preschool~~preschool-age	9704
children per child-care staff member in a room where children are	9705
napping shall be twice the maximum number of children per	9706
child-care staff member established under division (B)(3) of this	9707
section if all the following criteria are met:	9708

(a) At least one child-care staff member is present in the	9709
room.	9710

(b) Sufficient child-care staff members are on the child	9711
day-care center premises to meet the maximum number of children	9712
per child-care staff member requirements established under	9713
division (B)(3) of this section.	9714

(c) Naptime preparations are complete and all napping	9715
children are resting or sleeping on cots.	9716

(d) The maximum number established under division (E)(2) of	9717
this section is in effect for no more than two hours during a	9718
twenty-four-hour day.	9719

(F) The director of job and family services shall adopt rules	9720
pursuant to Chapter 119. of the Revised Code governing the	9721
operation of type A family day-care homes, including, but not	9722
limited to, parent cooperative type A homes, part-time type A	9723
homes, drop-in type A homes, and ~~school~~school-age child type A	9724
homes, which shall reflect the various forms of child care and the	9725
needs of children receiving child care. The rules shall include	9726
the following:	9727

(1) Submission of a site plan and descriptive plan of	9728
operation to demonstrate how the type A home proposes to meet the	9729
requirements of this chapter and rules adopted pursuant to this	9730
chapter for the initial license application;	9731

(2) Standards for ensuring that the physical surroundings of	9732
the type A home are safe and sanitary, including, but not limited	9733
to, the physical environment, the physical plant, and the	9734
equipment of the type A home;	9735

(3) Standards for the supervision, care, and discipline of	9736
children receiving child care or publicly funded child care in the	9737
type A home;	9738

(4) Standards for a program of activities, and for play	9739
equipment, materials, and supplies, to enhance the development of	9740
each child; however, any educational curricula, philosophies, and	9741
methodologies that are developmentally appropriate and that	9742
enhance the social, emotional, intellectual, and physical	9743
development of each child shall be permissible;	9744

(5) Admissions policies and procedures, health care policies	9745
and procedures, including, but not limited to, procedures for the	9746
isolation of children with communicable diseases, first aid and	9747
emergency procedures, procedures for discipline and supervision of	9748
children, standards for the provision of nutritious meals and	9749
snacks, and procedures for screening children and employees,	9750
including, but not limited to, any necessary physical examinations	9751
and immunizations;	9752

(6) Methods for encouraging parental participation in the	9753
type A home and methods for ensuring that the rights of children,	9754
parents, and employees are protected and that the responsibilities	9755
of parents and employees are met;	9756

(7) Procedures for ensuring the safety and adequate	9757
supervision of children traveling off the premises of the type A	9758
home while under the care of a type A home employee;	9759

(8) Procedures for record keeping, organization, and	9760
administration;	9761

(9) Procedures for issuing, denying, and revoking a license	9762
that are not otherwise provided for in Chapter 119. of the Revised	9763
Code;	9764

(10) Inspection procedures;

9765

(11) Procedures and standards for setting initial license	9766
application fees;	9767

(12) Procedures for receiving, recording, and responding to	9768
complaints about type A homes;	9769

(13) Procedures for enforcing section 5104.04 of the Revised	9770
Code;	9771

(14) A standard requiring the inclusion, on or after July 1,	9772
1987, of a current department of job and family services toll-free	9773
telephone number on each type A home provisional license or	9774
license which any person may use to report a suspected violation	9775
by the type A home of this chapter or rules adopted pursuant to	9776
this chapter;	9777

(15) Requirements for the training of administrators and	9778
child-care staff members in first aid, in prevention, recognition,	9779
and management of communicable diseases, and in child abuse	9780
recognition and prevention;	9781

(16) Standards providing for the special needs of children	9782
who are handicapped or who require treatment for health conditions	9783
while the child is receiving child care or publicly funded child	9784
care in the type A home;	9785

(17) Standards for the maximum number of children per	9786
child-care staff member;	9787

(18) Requirements for the amount of usable indoor floor space	9788
for each child;	9789

(19) Requirements for safe outdoor play space;

9790

(20) Qualifications and training requirements for	9791
administrators and for child-care staff members;	9792

(21) Procedures for granting a parent who is the residential	9793
parent and legal custodian, or a custodian or guardian access to	9794
the type A home during its hours of operation;	9795

(22) Standards for the preparation and distribution of a	9796
roster of parents, custodians, and guardians;	9797

(23) Any other procedures and standards necessary to carry	9798
out this chapter.	9799

(G) The director of job and family services shall adopt rules	9800
pursuant to Chapter 119. of the Revised Code governing the	9801
certification of type B family day-care homes.	9802

(1) The rules shall include all of the following:

9803

(a) Procedures, standards, and other necessary provisions for	9804
granting limited certification to type B family day-care homes	9805
that are operated by the following adult providers:	9806

(i) Persons who provide child care for eligible children who	9807
are great-grandchildren, grandchildren, nieces, nephews, or	9808
siblings of the provider or for eligible children whose caretaker	9809
parent is a grandchild, child, niece, nephew, or sibling of the	9810
provider;	9811

(ii) Persons who provide child care for eligible children all	9812
of whom are the children of the same caretaker parent;	9813

(b) Procedures for the director to ensure, that type B homes	9814
that receive a limited certification provide child care to	9815
children in a safe and sanitary manner;	9816

(c) Requirements for the type B home to notify parents with	9817
children in the type B home that the type B home is also certified	9818
as a foster home under section 5103.03 of the Revised Code.	9819

With regard to providers who apply for limited certification,	9820
a provider shall be granted a provisional limited certification on	9821
signing a declaration under oath attesting that the provider meets	9822
the standards for limited certification. Such provisional limited	9823
certifications shall remain in effect for no more than sixty	9824
calendar days and shall entitle the provider to offer publicly	9825
funded child care during the provisional period. Except as	9826
otherwise provided in division (G)(1) of this section, section	9827
5104.013 or 5104.09 of the Revised Code, or division (A)(2) of	9828
section 5104.11 of the Revised Code, prior to the expiration of	9829
the provisional limited certificate, a county department of job	9830
and family services shall inspect the home and shall grant limited	9831
certification to the provider if the provider meets the	9832
requirements of this division. Limited certificates remain valid	9833
for two years unless earlier revoked. Except as otherwise provided	9834
in division (G)(1) of this section, providers operating under	9835
limited certification shall be inspected annually.	9836

If a provider is a person described in division (G)(1)(a)(i)	9837
of this section or a person described in division (G)(1)(a)(ii) of	9838
this section who is a friend of the caretaker parent, the provider	9839
and the caretaker parent may verify in writing to the county	9840
department of job and family services that minimum health and	9841
safety requirements are being met in the home. Except as otherwise	9842
provided in section 5104.013 or 5104.09 or in division (A)(2) of	9843
section 5104.11 of the Revised Code, if such verification is	9844
provided, the county shall waive any inspection required by this	9845
chapter and grant limited certification to the provider.	9846

(2) The rules shall provide for safeguarding the health,	9847
safety, and welfare of children receiving child care or publicly	9848
funded child care in a certified type B home and shall include the	9849
following:	9850

(a) Standards for ensuring that the type B home and the	9851
physical surroundings of the type B home are safe and sanitary,	9852
including, but not limited to, physical environment, physical	9853
plant, and equipment;	9854

(b) Standards for the supervision, care, and discipline of	9855
children receiving child care or publicly funded child care in the	9856
home;	9857

(c) Standards for a program of activities, and for play	9858
equipment, materials, and supplies to enhance the development of	9859
each child; however, any educational curricula, philosophies, and	9860
methodologies that are developmentally appropriate and that	9861
enhance the social, emotional, intellectual, and physical	9862
development of each child shall be permissible;	9863

(d) Admission policies and procedures, health care, first aid	9864
and emergency procedures, procedures for the care of sick	9865
children, procedures for discipline and supervision of children,	9866
nutritional standards, and procedures for screening children and	9867
authorized providers, including, but not limited to, any necessary	9868
physical examinations and immunizations;	9869

(e) Methods of encouraging parental participation and	9870
ensuring that the rights of children, parents, and authorized	9871
providers are protected and the responsibilities of parents and	9872
authorized providers are met;	9873

(f) Standards for the safe transport of children when under	9874
the care of authorized providers;	9875

(g) Procedures for issuing, renewing, denying, refusing to	9876
renew, or revoking certificates;	9877

(h) Procedures for the inspection of type B homes that	9878
require, at a minimum, that each type B home be inspected prior to	9879
certification to ensure that the home is safe and sanitary;	9880

(i) Procedures for record keeping and evaluation;

9881

(j) Procedures for receiving, recording, and responding to	9882
complaints;	9883

(k) Standards providing for the special needs of children who	9884
are handicapped or who receive treatment for health conditions	9885
while the child is receiving child care or publicly funded child	9886
care in the type B home;	9887

(l) Requirements for the amount of usable indoor floor space	9888
for each child;	9889

(m) Requirements for safe outdoor play space;

9890

(n) Qualification and training requirements for authorized	9891
providers;	9892

(o) Procedures for granting a parent who is the residential	9893
parent and legal custodian, or a custodian or guardian access to	9894
the type B home during its hours of operation;	9895

(p) Requirements for the type B home to notify parents with	9896
children in the type B home that the type B home is also certified	9897
as a foster home under section 5103.03 of the Revised Code;	9898

(q) Any other procedures and standards necessary to carry out	9899
this chapter.	9900

(H) The director shall adopt rules pursuant to Chapter 119.	9901
of the Revised Code governing the certification of in-home aides.	9902
The rules shall include procedures, standards, and other necessary	9903
provisions for granting limited certification to in-home aides who	9904
provide child care for eligible children who are	9905
great-grandchildren, grandchildren, nieces, nephews, or siblings	9906
of the in-home aide or for eligible children whose caretaker	9907
parent is a grandchild, child, niece, nephew, or sibling of the	9908
in-home aide. The rules shall require, and shall include	9909
procedures for the director to ensure, that in-home aides that	9910
receive a limited certification provide child care to children in	9911
a safe and sanitary manner. The rules shall provide for	9912
safeguarding the health, safety, and welfare of children receiving	9913
publicly funded child care in their own home and shall include the	9914
following:	9915

(1) Standards for ensuring that the child's home and the	9916
physical surroundings of the child's home are safe and sanitary,	9917
including, but not limited to, physical environment, physical	9918
plant, and equipment;	9919

(2) Standards for the supervision, care, and discipline of	9920
children receiving publicly funded child care in their own home;	9921

(3) Standards for a program of activities, and for play	9922
equipment, materials, and supplies to enhance the development of	9923
each child; however, any educational curricula, philosophies, and	9924
methodologies that are developmentally appropriate and that	9925
enhance the social, emotional, intellectual, and physical	9926
development of each child shall be permissible;	9927

(4) Health care, first aid, and emergency procedures,	9928
procedures for the care of sick children, procedures for	9929
discipline and supervision of children, nutritional standards, and	9930
procedures for screening children and in-home aides, including,	9931
but not limited to, any necessary physical examinations and	9932
immunizations;	9933

(5) Methods of encouraging parental participation and	9934
ensuring that the rights of children, parents, and in-home aides	9935
are protected and the responsibilities of parents and in-home	9936
aides are met;	9937

(6) Standards for the safe transport of children when under	9938
the care of in-home aides;	9939

(7) Procedures for issuing, renewing, denying, refusing to	9940
renew, or revoking certificates;	9941

(8) Procedures for inspection of homes of children receiving	9942
publicly funded child care in their own homes;	9943

(9) Procedures for record keeping and evaluation;

9944

(10) Procedures for receiving, recording, and responding to	9945
complaints;	9946

(11) Qualifications and training requirements for in-home	9947
aides;	9948

(12) Standards providing for the special needs of children	9949
who are handicapped or who receive treatment for health conditions	9950
while the child is receiving publicly funded child care in the	9951
child's own home;	9952

(13) Any other procedures and standards necessary to carry	9953
out this chapter.	9954

(I) To the extent that any rules adopted for the purposes of	9955
this section require a health care professional to perform a	9956
physical examination, the rules shall include as a health care	9957
professional a physician assistant, a clinical nurse specialist, a	9958
certified nurse practitioner, or a certified nurse-midwife.	9959

(J)(1) The director of job and family services shall do all	9960
of the following:	9961

(a) Provide or make available in either paper or electronic	9962
form to each licensee notice of proposed rules governing the	9963
licensure of child day-care centers and type A homes;	9964

(b) Give public notice of hearings regarding the rules to	9965
each licensee at least thirty days prior to the date of the public	9966
hearing, in accordance with section 119.03 of the Revised Code;	9967

(c) At least thirty days before the effective date of a rule,	9968
provide, in either paper or electronic form, a copy of the adopted	9969
rule to each licensee.	9970

(2) The director shall do all of the following:

9971

(a) Send to each county director of job and family services a	9972
notice of proposed rules governing the certification of type B	9973
family homes and in-home aides that includes an internet web site	9974
address where the proposed rules can be viewed;	9975

(b) Give public notice of hearings regarding the proposed	9976
rules not less than thirty days in advance;	9977

(c) Provide to each county director of job and family	9978
services an electronic copy of each adopted rule at least	9979
forty-five days prior to the rule's effective date.	9980

(3) The county director of job and family services shall	9981
provide or make available in either paper or electronic form to	9982
each authorized provider and in-home aide copies of proposed rules	9983
and shall give public notice of hearings regarding the rules to	9984
each authorized provider and in-home aide at least thirty days	9985
prior to the date of the public hearing, in accordance with	9986
section 119.03 of the Revised Code. At least thirty days before	9987
the effective date of a rule, the county director of job and	9988
family services shall provide, in either paper or electronic form,	9989
copies of the adopted rule to each authorized provider and in-home	9990
aide.	9991

(4) Additional copies of proposed and adopted rules shall be	9992
made available by the director of job and family services to the	9993
public on request at no charge.	9994

(5) The director of job and family services may adopt rules	9995
pursuant to Chapter 119. of the Revised Code for imposing	9996
sanctions on persons and entities that are licensed or certified	9997
under this chapter. Sanctions may be imposed only for an action or	9998
omission that constitutes a serious risk noncompliance. The	9999
sanctions imposed shall be based on the scope and severity of the	10000
violations.	10001

The director shall make a dispute resolution process	10002
available for the implementation of sanctions. The process may	10003
include an opportunity for appeal pursuant to Chapter 119. of the	10004
Revised Code.	10005

(6) The director of job and family services shall adopt rules	10006
pursuant to Chapter 119. of the Revised Code that establish	10007
standards for the training of individuals whom any county	10008
department of job and family services employs, with whom any	10009
county department of job and family services contracts, or with	10010
whom the director of job and family services contracts, to inspect	10011
or investigate type B family day-care homes pursuant to section	10012
5104.11 of the Revised Code. The department shall provide training	10013
in accordance with those standards for individuals in the	10014
categories described in this division.	10015

(K) The director of job and family services shall review all	10016
rules adopted pursuant to this chapter at least once every seven	10017
years.	10018

(L) Notwithstanding any provision of the Revised Code, the	10019
director of job and family services shall not regulate in any way	10020
under this chapter or rules adopted pursuant to this chapter,	10021
instruction in religious or moral doctrines, beliefs, or values.	10022

Sec. 5104.02. (A) The director of job and family services is	10023
responsible for the licensing of child day-care centers and type A	10024
family day-care homes. Each entity operating a head start program	10025
shall meet the criteria for, and be licensed as, a child day-care	10026
center. The director is responsible for the enforcement of this	10027
chapter and of rules promulgated pursuant to this chapter.	10028

No person, firm, organization, institution, or agency shall	10029
operate, establish, manage, conduct, or maintain a child day-care	10030
center or type A family day-care home without a license issued	10031
under section 5104.03 of the Revised Code. The current license	10032
shall be posted in a conspicuous place in the center or type A	10033
home that is accessible to parents, custodians, or guardians and	10034
employees of the center or type A home at all times when the	10035
center or type A home is in operation.	10036

(B) A person, firm, institution, organization, or agency	10037
operating any of the following programs is exempt from the	10038
requirements of this chapter:	10039

(1) A program of child care that operates for two or less	10040
consecutive weeks;	10041

(2) Child care in places of worship during religious	10042
activities during which children are cared for while at least one	10043
parent, guardian, or custodian of each child is participating in	10044
such activities and is readily available;	10045

(3) Religious activities which do not provide child care;

10046

(4) Supervised training, instruction, or activities of	10047
children in specific areas, including, but not limited to: art;	10048
drama; dance; music; gymnastics, swimming, or another athletic	10049
skill or sport; computers; or an educational subject conducted on	10050
an organized or periodic basis no more than one day a week and for	10051
no more than six hours duration;	10052

(5) Programs in which the director determines that at least	10053
one parent, custodian, or guardian of each child is on the	10054
premises of the facility offering child care and is readily	10055
accessible at all times, except that child care provided on the	10056
premises at which a parent, custodian, or guardian is employed	10057
more than two and one-half hours a day shall be licensed in	10058
accordance with division (A) of this section;	10059

(6)(a) Programs that provide child care funded and regulated	10060
or operated and regulated by state departments other than the	10061
department of job and family services or the state board of	10062
education when the director of job and family services has	10063
determined that the rules governing the program are equivalent to	10064
or exceed the rules promulgated pursuant to this chapter.	10065

Notwithstanding any exemption from regulation under this	10066
chapter, each state department shall submit to the director of job	10067
and family services a copy of the rules that govern programs that	10068
provide child care and are regulated or operated and regulated by	10069
the department. Annually, each state department shall submit to	10070
the director a report for each such program it regulates or	10071
operates and regulates that includes the following information:	10072

(i) The site location of the program;

10073

(ii) The maximum number of infants, toddlers, ~~preschool~~	10074
preschool-age children, or ~~school~~school-age children served by	10075
the program at one time;	10076

(iii) The number of adults providing child care for the	10077
number of infants, toddlers, ~~preschool~~preschool-age children, or	10078
~~school~~school-age children;	10079

(iv) Any changes in the rules made subsequent to the time	10080
when the rules were initially submitted to the director.	10081

The director shall maintain a record of the child care	10082
information submitted by other state departments and shall provide	10083
this information upon request to the general assembly or the	10084
public.	10085

(b) Child care programs conducted by boards of education or	10086
by chartered nonpublic schools that are conducted in school	10087
buildings and that provide child care to ~~school~~school-age	10088
children only shall be exempt from meeting or exceeding rules	10089
promulgated pursuant to this chapter.	10090

(7) Any preschool program or school child program, except a	10091
head start program, that is subject to licensure by the department	10092
of education under sections 3301.52 to 3301.59 of the Revised	10093
Code.	10094

(8) Any program providing child care that meets all of the	10095
following requirements and, on October 20, 1987, was being	10096
operated by a nonpublic school that holds a charter issued by the	10097
state board of education for kindergarten only:	10098

(a) The nonpublic school has given the notice to the state	10099
board and the director of job and family services required by	10100
Section 4 of Substitute House Bill No. 253 of the 117th general	10101
assembly;	10102

(b) The nonpublic school continues to be chartered by the	10103
state board for kindergarten, or receives and continues to hold a	10104
charter from the state board for kindergarten through grade five;	10105

10106

(d) The program is operated in accordance with rules	10107
promulgated by the state board under sections 3301.52 to 3301.57	10108
of the Revised Code.	10109

(9) A youth development program operated outside of school	10110
hours by a community-based center to which all of the following	10111
apply:	10112

(a) The children enrolled in the program are under nineteen	10113
years of age and enrolled in or eligible to be enrolled in a grade	10114
of kindergarten or above.	10115

(b) The program provides informal child care and at least two	10116
of the following supervised activities: educational, recreational,	10117
culturally enriching, social, and personal development activities.	10118

(c) The program is eligible for participation in the child	10119
and adult care food program as an outside-school-hours care center	10120
pursuant to standards established under section 3313.813 of the	10121
Revised Code.	10122

(d) The community-based center operating the program is	10123
exempt from federal income taxation pursuant to 26 U.S.C. 501(a)	10124
and (c)(3).	10125

Sec. 5104.031. (A) A child day-care center administrator	10126
shall show the director of job and family services both of the	10127
following:	10128

(1) Evidence of at least high school graduation or	10129
certification of high school equivalency by the state board of	10130
education or the appropriate agency of another state;	10131

(2) Evidence of having at least one of the following:

10132

(a) An associate, bachelor's, master's, doctoral, or other	10133
postgraduate degree in child development or early childhood	10134
education, or in a related field approved by the director, from an	10135
accredited college, university, or technical college;	10136

(b) A license designated as appropriate for teaching in an	10137
associate teaching position in a preschool setting issued by the	10138
state board of education pursuant to section 3319.22 of the	10139
Revised Code;	10140

(c) Designation under the career pathways model as an early	10141
childhood professional level three;	10142

(d) Two years of experience working as a child-care staff	10143
member in a licensed child care program, designation under the	10144
career pathways model as an early childhood professional level	10145
one, and, not later than one year after being named as	10146
administrator, designation under the career pathways model as an	10147
early childhood professional level two;	10148

(e) Two years of experience working as a child-care staff	10149
member in a licensed child care program and, except as provided in	10150
division (B) of this section, at least four courses in child	10151
development or early childhood education from an accredited	10152
college, university, or technical college;	10153

(f) Two years of experience working as a child-care staff	10154
member in a licensed child care program and a child development	10155
associate credential issued by the council for professional	10156
recognition;	10157

(g) Two years of training, including at least four courses in	10158
child development or early childhood education from an accredited	10159
college, university, or technical college;	10160

(h) An infant and toddler or early childhood credential from	10161
a program accredited by the Montessori accreditation council for	10162
teacher education.	10163

(B) A person who has two years of experience working as a	10164
child-care staff member in a child day-care center and is promoted	10165
to or designated as administrator of that center shall have one	10166
year from the date of the promotion or designation to complete the	10167
courses required by division (A)(1)(e) of this section.	10168

Sec. 5104.032. (A) All child-care staff members of a child	10169
day-care center shall be at least eighteen years of age, and shall	10170
furnish the director of job and family services evidence of at	10171
least high school graduation or certification of high school	10172
equivalency by the state board of education or the appropriate	10173
agency of another state or evidence of completion of a training	10174
program approved by the department of job and family services or	10175
state board of education, except as follows:	10176

(B) A child-care staff member may be less than eighteen years	10177
of age if the staff member is either of the following:	10178

(1) A graduate of a two-year vocational child-care training	10179
program approved by the state board of education;	10180

(2) A student enrolled in the second year of a vocational	10181
child-care training program approved by the state board of	10182
education which leads to high school graduation, provided that the	10183
student performs the student's duties in the child day-care center	10184
under the continuous supervision of an experienced child-care	10185
staff member, receives periodic supervision from the vocational	10186
child-care training program teacher-coordinator in the student's	10187
high school, and meets all other requirements of this chapter and	10188
rules adopted pursuant to this chapter.	10189

(C) A child-care staff member shall be exempt from the	10190
educational requirements of division (A) of this section if the	10191
staff member:	10192

(1) Prior to January 1, 1972, was employed or designated by a	10193
child day-care center and has been continuously employed since	10194
either by the same child day-care center employer or at the same	10195
child day-care center;	10196

(2) Is a student enrolled in the second year of a vocational	10197
child-care training program approved by the state board of	10198
education which leads to high school graduation, provided that the	10199
student performs the student's duties in the child day-care center	10200
under the continuous supervision of an experienced child-care	10201
staff member, receives periodic supervision from the vocational	10202
child-care training program teacher-coordinator in the student's	10203
high school, and meets all other requirements of this chapter and	10204
rules adopted pursuant to this chapter;	10205

(3) Is receiving or has completed the final year of	10206
instruction at home as authorized under section 3321.04 of the	10207
Revised Code or has graduated from a nonchartered, nonpublic	10208
school in Ohio.	10209

Sec. 5104.033. (A) Except as provided in division (B) of	10210
this section, each child-care staff member of a child day-care	10211
center annually shall complete fifteen hours of inservice training	10212
that includes the following subjects until the staff member has	10213
completed a total of forty-five hours of training:	10214

(1) Child development or early childhood education;

10215

(2) Child abuse recognition and prevention;

10216

(3) First aid;

10217

(4) Prevention, recognition, and management of communicable	10218
diseases.	10219

(B) A child-care staff member is exempt from the inservice	10220
training requirements established by division (A) of this section	10221
if the staff member furnishes one of the following to the director	10222
of job and family services:	10223

(1) Evidence of an associate or higher degree in child	10224
development or early childhood education from an accredited	10225
college, university, or technical college;	10226

(2) A license designated for teaching in an associate	10227
teaching position in a preschool setting issued by the state board	10228
of education;	10229

(3) Evidence of a child development associate credential;

10230

(4) Evidence of an infant and toddler or early childhood	10231
credential from a program accredited by the Montessori	10232
accreditation council for teacher education.	10233

(C) For purposes of this section, each hour of inservice	10234
training shall consist of sixty minutes of training.	10235

Sec. 5104.21. (A) The department of job and family services	10236
shall register child day camps and enforce this section and	10237
section 5104.22 of the Revised Code and the rules adopted pursuant	10238
to those sections. No person, firm, organization, institution, or	10239
agency shall operate a child day camp without annually registering	10240
with the department.	10241

(B) A person, firm, institution, organization, or agency	10242
operating any of the following programs is exempt from the	10243
provisions of this section and section 5104.22 of the Revised	10244
Code:	10245

(1) A child day camp that operates for two or less	10246
consecutive weeks and for no more than a total of two weeks during	10247
each calendar year;	10248

(2) Supervised training, instruction, or activities of	10249
children that is conducted on an organized or periodic basis no	10250
more than one day a week and for no more than six hours' duration	10251
and that is conducted in specific areas, including, but not	10252
limited to, art; drama; dance; music; gymnastics, swimming, or	10253
another athletic skill or sport; computers; or an educational	10254
subject;	10255

(3) Programs in which the department determines that at least	10256
one parent, custodian, or guardian of each child attending or	10257
participating in the child day camp is on the child day camp	10258
activity site and is readily accessible at all times, except that	10259
a child day camp on the premises of a parent's, custodian's, or	10260
guardian's place of employment shall be registered in accordance	10261
with division (A) of this section;	10262

(4) Child day camps funded and regulated or operated and	10263
regulated by any state department, other than the department of	10264
job and family services, when the department of job and family	10265
services has determined that the rules governing the child day	10266
camp are equivalent to or exceed the rules adopted pursuant to	10267
this section and section 5104.22 of the Revised Code.	10268

(C) A person, firm, organization, institution, or agency	10269
operating a child day camp that is exempt under division (B) of	10270
this section from registering under division (A) of this section	10271
may elect to register itself under division (A) of this section.	10272
All requirements of this section and the rules adopted pursuant to	10273
this section shall apply to any exempt child day camp that so	10274
elects to register.	10275

(D) The director of job and family services shall adopt	10276
pursuant to Chapter 119. of the Revised Code rules prescribing the	10277
registration form and establishing the procedure for the child day	10278
camps to register. The form shall not be longer than one	10279
typewritten page and shall state both of the following:	10280

(1) That the child day camp administrator or the	10281
administrator's representative agrees to provide the parents of	10282
each ~~school~~school-age child who attends or participates in that	10283
child day camp with the telephone number of the county department	10284
of health and the public children services agency of the county in	10285
which the child day camp is located;	10286

(2) That the child day camp administrator or the	10287
administrator's representative agrees to permit a public children	10288
services agency or the county department of health to review or	10289
inspect the child day camp if a complaint is made to that	10290
department or any other state department or public children	10291
services agency against that child day camp.	10292

(E) The department may charge a fee to register a child day	10293
camp. The fee for each child day camp shall be twenty-five	10294
dollars. No organization that operates, or owner of, child day	10295
camps shall pay a fee that exceeds two hundred fifty dollars for	10296
all of its child day camps.	10297

(F) If a child day camp that is required to register under	10298
this section fails to register with the department in accordance	10299
with this section or the rules adopted pursuant to it or if a	10300
child day camp that files a registration form under this section	10301
knowingly provides false or misleading information on the	10302
registration form, the department shall require the child day camp	10303
to register or register correctly and to pay a registration fee	10304
that equals three times the registration fee as set forth in	10305
division (E) of this section.	10306

(G) A child day camp administrator or the administrator's	10307
representative shall provide the parents of each ~~school~~school-age	10308
child who attends or participates in that child day camp with the	10309
telephone numbers of the county department of health and the	10310
county public children services agency of the county in which the	10311
child day camp is located and a statement that the parents may use	10312
these telephone numbers to contact or otherwise contact the	10313
departments or agency to make a complaint regarding the child day	10314
camp.	10315

Sec. 5104.30. (A) The department of job and family services	10316
is hereby designated as the state agency responsible for	10317
administration and coordination of federal and state funding for	10318
publicly funded child care in this state. Publicly funded child	10319
care shall be provided to the following:	10320

(1) Recipients of transitional child care as provided under	10321
section 5104.34 of the Revised Code;	10322

(2) Participants in the Ohio works first program established	10323
under Chapter 5107. of the Revised Code;	10324

(3) Individuals who would be participating in the Ohio works	10325
first program if not for a sanction under section 5107.16 of the	10326
Revised Code and who continue to participate in a work activity,	10327
developmental activity, or alternative work activity pursuant to	10328
an assignment under section 5107.42 of the Revised Code;	10329

(4) A family receiving publicly funded child care on October	10330
1, 1997, until the family's income reaches one hundred fifty per	10331
cent of the federal poverty line;	10332

(5) Subject to available funds, other individuals determined	10333
eligible in accordance with rules adopted under section 5104.38 of	10334
the Revised Code.	10335

The department shall apply to the United States department of	10336
health and human services for authority to operate a coordinated	10337
program for publicly funded child care, if the director of job and	10338
family services determines that the application is necessary. For	10339
purposes of this section, the department of job and family	10340
services may enter into agreements with other state agencies that	10341
are involved in regulation or funding of child care. The	10342
department shall consider the special needs of migrant workers	10343
when it administers and coordinates publicly funded child care and	10344
shall develop appropriate procedures for accommodating the needs	10345
of migrant workers for publicly funded child care.	10346

(B) The department of job and family services shall	10347
distribute state and federal funds for publicly funded child care,	10348
including appropriations of state funds for publicly funded child	10349
care and appropriations of federal funds available under the child	10350
care block grant act, Title IV-A, and Title XX. The department may	10351
use any state funds appropriated for publicly funded child care as	10352
the state share required to match any federal funds appropriated	10353
for publicly funded child care.	10354

(C) In the use of federal funds available under the child	10355
care block grant act, all of the following apply:	10356

(1) The department may use the federal funds to hire staff to	10357
prepare any rules required under this chapter and to administer	10358
and coordinate federal and state funding for publicly funded child	10359
care.	10360

(2) Not more than five per cent of the aggregate amount of	10361
the federal funds received for a fiscal year may be expended for	10362
administrative costs.	10363

(3) The department shall allocate and use at least four per	10364
cent of the federal funds for the following:	10365

(a) Activities designed to provide comprehensive consumer	10366
education to parents and the public;	10367

(b) Activities that increase parental choice;

10368

(c) Activities, including child care resource and referral	10369
services, designed to improve the quality, and increase the	10370
supply, of child care;	10371

(d) Establishing a ~~voluntary child day-care center~~	10372
~~quality-rating program~~tiered quality rating and improvement	10373
system in which participation in the program may allow a child	10374
day-care ~~center~~providers to be eligible for grants, technical	10375
assistance, training, or other assistance and become eligible for	10376
unrestricted monetary awards for maintaining a quality rating.	10377

(4) The department shall ensure that the federal funds will	10378
be used only to supplement, and will not be used to supplant,	10379
federal, state, and local funds available on the effective date of	10380
the child care block grant act for publicly funded child care and	10381
related programs. If authorized by rules adopted by the department	10382
pursuant to section 5104.42 of the Revised Code, county	10383
departments of job and family services may purchase child care	10384
from funds obtained through any other means.	10385

(D) The department shall encourage the development of	10386
suitable child care throughout the state, especially in areas with	10387
high concentrations of recipients of public assistance and	10388
families with low incomes. The department shall encourage the	10389
development of suitable child care designed to accommodate the	10390
special needs of migrant workers. On request, the department,	10391
through its employees or contracts with state or community child	10392
care resource and referral service organizations, shall provide	10393
consultation to groups and individuals interested in developing	10394
child care. The department of job and family services may enter	10395
into interagency agreements with the department of education, the	10396
board of regents, the department of development, and other state	10397
agencies and entities whenever the cooperative efforts of the	10398
other state agencies and entities are necessary for the department	10399
of job and family services to fulfill its duties and	10400
responsibilities under this chapter.	10401

The department shall develop and maintain a registry of	10402
persons providing child care. The director shall adopt rules	10403
pursuant to Chapter 119. of the Revised Code establishing	10404
procedures and requirements for the registry's administration.	10405

(E)(1) The director shall adopt rules in accordance with	10406
Chapter 119. of the Revised Code establishing both of the	10407
following:	10408

(a) Reimbursement ceilings for providers of publicly funded	10409
child care not later than the first day of July in each	10410
odd-numbered year;	10411

(b) A procedure for reimbursing and paying providers of	10412
publicly funded child care.	10413

(2) In establishing reimbursement ceilings under division	10414
(E)(1)(a) of this section, the director shall do all of the	10415
following:	10416

(a) Use the information obtained under division (B)(3) of	10417
section 5104.04 of the Revised Code;	10418

(b) Establish an enhanced reimbursement ceiling for providers	10419
who provide child care for caretaker parents who work	10420
nontraditional hours;	10421

(c) For a type B family day-care home provider that has	10422
received limited certification pursuant to rules adopted under	10423
division (G)(1) of section 5104.011 of the Revised Code, establish	10424
a reimbursement ceiling that is the following:	10425

(i) If the provider is a person described in division	10426
(G)(1)(a)(i) of section 5104.011 of the Revised Code, seventy-five	10427
per cent of the reimbursement ceiling that applies to a type B	10428
family day-care home certified by the same county department of	10429
job and family services pursuant to section 5104.11 of the Revised	10430
Code;	10431

(ii) If the provider is a person described in division	10432
(G)(1)(a)(ii) of section 5104.011 of the Revised Code, sixty per	10433
cent of the reimbursement ceiling that applies to a type B family	10434
day-care home certified by the same county department pursuant to	10435
section 5104.11 of the Revised Code.	10436

(d) With regard to the ~~voluntary child day-care center~~	10437
~~quality-rating program~~tiered quality rating and improvement	10438
system established pursuant to division (C)(3)(d) of this section,	10439
do both of the following:	10440

(i) Establish enhanced reimbursement ceilings for child	10441
day-care ~~centers~~providers that participate in the ~~program~~system	10442
and maintain quality ratings under the ~~program~~system;	10443

(ii) ~~Weigh~~In the case of child day-care providers that have	10444
been given access to the system by the department, weigh any	10445
reduction in reimbursement ceilings more heavily against ~~child~~	10446
~~day-care centers~~those providers that do not participate in the	10447
~~program~~system or do not maintain quality ratings under the	10448
~~program~~system.	10449

(3) In establishing reimbursement ceilings under division	10450
(E)(1)(a) of this section, the director may establish different	10451
reimbursement ceilings based on any of the following:	10452

(a) Geographic location of the provider;

10453

(b) Type of care provided;

10454

10455

(d) Special needs of the child served;

10456

(e) Whether the expanded hours of service are provided;

10457

(f) Whether weekend service is provided;

10458

(g) Whether the provider has exceeded the minimum	10459
requirements of state statutes and rules governing child care;	10460

(h) Any other factors the director considers appropriate.

10461

(F) The director shall adopt rules in accordance with Chapter	10462
119. of the Revised Code to implement the ~~voluntary child day-care~~	10463
~~center quality-rating program~~tiered quality rating and	10464
improvement system described in division (C)(3)(d) of this	10465
section.	10466

Sec. 5104.31. (A) Publicly funded child care may be provided	10467
only by the following:	10468

(1) A child day-care center or type A family day-care home,	10469
including a parent cooperative child day-care center or parent	10470
cooperative type A family day-care home, licensed by the	10471
department of job and family services pursuant to section 5104.03	10472
of the Revised Code;	10473

(2) A type B family day-care home certified by the county	10474
department of job and family services pursuant to section 5104.11	10475
of the Revised Code;	10476

(3) A type B family day-care home that has received a limited	10477
certification pursuant to rules adopted under division (G)(1) of	10478
section 5104.011 of the Revised Code;	10479

(4) An in-home aide who has been certified by the county	10480
department of job and family services pursuant to section 5104.12	10481
of the Revised Code;	10482

(5) A child day camp approved pursuant to section 5104.22 of	10483
the Revised Code;	10484

(6) A licensed preschool program;

10485

(7) A licensed school child program;

10486

(8) A border state child care provider, except that a border	10487
state child care provider may provide publicly funded child care	10488
only to an individual who resides in an Ohio county that borders	10489
the state in which the provider is located.	10490

(B) Publicly funded child day-care may be provided in a	10491
child's own home only by an in-home aide.	10492

(C) Beginning July 1, 2020, publicly funded child care may be	10493
provided only by a provider that is rated through the tiered	10494
quality rating and improvement system established pursuant to	10495
section 5104.30 of the Revised Code.	10496

Sec. 5104.34. (A)(1) Each county department of job and	10497
family services shall implement procedures for making	10498
determinations of eligibility for publicly funded child care.	10499
Under those procedures, the eligibility determination for each	10500
applicant shall be made no later than thirty calendar days from	10501
the date the county department receives a completed application	10502
for publicly funded child care. Each applicant shall be notified	10503
promptly of the results of the eligibility determination. An	10504
applicant aggrieved by a decision or delay in making an	10505
eligibility determination may appeal the decision or delay to the	10506
department of job and family services in accordance with section	10507
5101.35 of the Revised Code. The due process rights of applicants	10508
shall be protected.	10509

To the extent permitted by federal law, the county department	10510
may make all determinations of eligibility for publicly funded	10511
child care, may contract with child care providers or child care	10512
resource and referral service organizations for the providers or	10513
resource and referral service organizations to make all or any	10514
part of the determinations, and may contract with child care	10515
providers or child care resource and referral service	10516
organizations for the providers or resource and referral service	10517
organizations to collect specified information for use by the	10518
county department in making determinations. If a county department	10519
contracts with a child care provider or a child care resource and	10520
referral service organization for eligibility determinations or	10521
for the collection of information, the contract shall require the	10522
provider or resource and referral service organization to make	10523
each eligibility determination no later than thirty calendar days	10524
from the date the provider or resource and referral organization	10525
receives a completed application that is the basis of the	10526
determination and to collect and transmit all necessary	10527
information to the county department within a period of time that	10528
enables the county department to make each eligibility	10529
determination no later than thirty days after the filing of the	10530
application that is the basis of the determination.	10531

The county department may station employees of the department	10532
in various locations throughout the county to collect information	10533
relevant to applications for publicly funded child care and to	10534
make eligibility determinations. The county department, child care	10535
provider, and child care resource and referral service	10536
organization shall make each determination of eligibility for	10537
publicly funded child care no later than thirty days after the	10538
filing of the application that is the basis of the determination,	10539
shall make each determination in accordance with any relevant	10540
rules adopted pursuant to section 5104.38 of the Revised Code, and	10541
shall notify promptly each applicant for publicly funded child	10542
care of the results of the determination of the applicant's	10543
eligibility.	10544

The director of job and family services shall adopt rules in	10545
accordance with Chapter 119. of the Revised Code for monitoring	10546
the eligibility determination process. In accordance with those	10547
rules, the state department shall monitor eligibility	10548
determinations made by county departments of job and family	10549
services and shall direct any entity that is not in compliance	10550
with this division or any rule adopted under this division to	10551
implement corrective action specified by the department.	10552

(2) All eligibility determinations for publicly funded child	10553
care shall be made in accordance with rules adopted pursuant to	10554
division (A) of section 5104.38 of the Revised Code and, if a	10555
county department of job and family services specifies, pursuant	10556
to rules adopted under division (B) of that section, a maximum	10557
amount of income a family may have to be eligible for publicly	10558
funded child care, the income maximum specified by the county	10559
department. Publicly funded child care may be provided only to	10560
eligible infants, toddlers, ~~preschool~~preschool-age children, and	10561
~~school~~school-age children under age thirteen. For an applicant to	10562
be eligible for publicly funded child care, the caretaker parent	10563
must be employed or participating in a program of education or	10564
training for an amount of time reasonably related to the time that	10565
the parent's children are receiving publicly funded child care.	10566
This restriction does not apply to families whose children are	10567
eligible for protective child care.	10568

Subject to available funds, a county department of job and	10569
family services shall allow a family to receive publicly funded	10570
child care unless the family's income exceeds the maximum income	10571
eligibility limit. Initial and continued eligibility for publicly	10572
funded child care is subject to available funds unless the family	10573
is receiving child care pursuant to division (A)(1), (2), (3), or	10574
(4) of section 5104.30 of the Revised Code. If the county	10575
department must limit eligibility due to lack of available funds,	10576
it shall give first priority for publicly funded child care to an	10577
assistance group whose income is not more than the maximum income	10578
eligibility limit that received transitional child care in the	10579
previous month but is no longer eligible because the twelve-month	10580
period has expired. Such an assistance group shall continue to	10581
receive priority for publicly funded child care until its income	10582
exceeds the maximum income eligibility limit.	10583

(3) An assistance group that ceases to participate in the	10584
Ohio works first program established under Chapter 5107. of the	10585
Revised Code is eligible for transitional child care at any time	10586
during the immediately following twelve-month period that both of	10587
the following apply:	10588

(a) The assistance group requires child care due to	10589
employment;	10590

(b) The assistance group's income is not more than one	10591
hundred fifty per cent of the federal poverty line.	10592

An assistance group ineligible to participate in the Ohio	10593
works first program pursuant to section 5101.83 or section 5107.16	10594
of the Revised Code is not eligible for transitional child care.	10595

(B) To the extent permitted by federal law, a county	10596
department of job and family services may require a caretaker	10597
parent determined to be eligible for publicly funded child care to	10598
pay a fee according to the schedule of fees established in rules	10599
adopted under section 5104.38 of the Revised Code. Each county	10600
department shall make protective child care services available to	10601
children without regard to the income or assets of the caretaker	10602
parent of the child.	10603

(C) A caretaker parent receiving publicly funded child care	10604
shall report to the entity that determined eligibility any changes	10605
in status with respect to employment or participation in a program	10606
of education or training not later than ten calendar days after	10607
the change occurs.	10608

(D) If a county department of job and family services	10609
determines that available resources are not sufficient to provide	10610
publicly funded child care to all eligible families who request	10611
it, the county department may establish a waiting list. A county	10612
department may establish separate waiting lists within the waiting	10613
list based on income. When resources become available to provide	10614
publicly funded child care to families on the waiting list, a	10615
county department that establishes a waiting list shall assess the	10616
needs of the next family scheduled to receive publicly funded	10617
child care. If the assessment demonstrates that the family	10618
continues to need and is eligible for publicly funded child care,	10619
the county department shall offer it to the family. If the county	10620
department determines that the family is no longer eligible or no	10621
longer needs publicly funded child care, the county department	10622
shall remove the family from the waiting list.	10623

(E) A caretaker parent shall not receive full-time publicly	10624
funded child care from more than one child care provider per child	10625
during any period.	10626

(F) As used in this section, "maximum income eligibility	10627
limit" means the amount of income specified in rules adopted under	10628
division (A) of section 5104.38 of the Revised Code or, if a	10629
county department of job and family services specifies a higher	10630
amount pursuant to rules adopted under division (B) of that	10631
section, the amount the county department specifies.	10632

Sec. 5104.38. In addition to any other rules adopted under	10633
this chapter, the director of job and family services shall adopt	10634
rules in accordance with Chapter 119. of the Revised Code	10635
governing financial and administrative requirements for publicly	10636
funded child care and establishing all of the following:	10637

(A) Procedures and criteria to be used in making	10638
determinations of eligibility for publicly funded child care that	10639
give priority to children of families with lower incomes and	10640
procedures and criteria for eligibility for publicly funded	10641
protective child care. The rules shall specify the maximum amount	10642
of income a family may have for initial and continued eligibility.	10643
The maximum amount shall not exceed two hundred per cent of the	10644
federal poverty line. The rules may specify exceptions to the	10645
eligibility requirements in the case of a family that previously	10646
received publicly funded child care and is seeking to have the	10647
child care reinstated after the family's eligibility was	10648
terminated.	10649

(B) Procedures under which a county department of job and	10650
family services may, if the department, under division (A) of this	10651
section, specifies a maximum amount of income a family may have	10652
for eligibility for publicly funded child care that is less than	10653
the maximum amount specified in that division, specify a maximum	10654
amount of income a family residing in the county the county	10655
department serves may have for initial and continued eligibility	10656
for publicly funded child care that is higher than the amount	10657
specified by the department but does not exceed the maximum amount	10658
specified in division (A) of this section;	10659

(C) A schedule of fees requiring all eligible caretaker	10660
parents to pay a fee for publicly funded child care according to	10661
income and family size, which shall be uniform for all types of	10662
publicly funded child care, except as authorized by rule, and, to	10663
the extent permitted by federal law, shall permit the use of state	10664
and federal funds to pay the customary deposits and other advance	10665
payments that a provider charges all children who receive child	10666
care from that provider. The schedule of fees may not provide for	10667
a caretaker parent to pay a fee that exceeds ten per cent of the	10668
parent's family income.	10669

(D) A formula for determining the amount of state and federal	10670
funds appropriated for publicly funded child care that may be	10671
allocated to a county department to use for administrative	10672
purposes;	10673

(E) Procedures to be followed by the department and county	10674
departments in recruiting individuals and groups to become	10675
providers of child care;	10676

(F) Procedures to be followed in establishing state or local	10677
programs designed to assist individuals who are eligible for	10678
publicly funded child care in identifying the resources available	10679
to them and to refer the individuals to appropriate sources to	10680
obtain child care;	10681

(G) Procedures to deal with fraud and abuse committed by	10682
either recipients or providers of publicly funded child care;	10683

(H) Procedures for establishing a child care grant or loan	10684
program in accordance with the child care block grant act;	10685

(I) Standards and procedures for applicants to apply for	10686
grants and loans, and for the department to make grants and loans;	10687

(J) A definition of "person who stands in loco parentis" for	10688
the purposes of division ~~(JJ)~~(KK)(1) of section 5104.01 of the	10689
Revised Code;	10690

(K) Procedures for a county department of job and family	10691
services to follow in making eligibility determinations and	10692
redeterminations for publicly funded child care available through	10693
telephone, computer, and other means at locations other than the	10694
county department;	10695

(L) If the director establishes a different reimbursement	10696
ceiling under division (E)(3)(d) of section 5104.30 of the Revised	10697
Code, standards and procedures for determining the amount of the	10698
higher payment that is to be issued to a child care provider based	10699
on the special needs of the child being served;	10700

(M) To the extent permitted by federal law, procedures for	10701
paying for up to thirty days of child care for a child whose	10702
caretaker parent is seeking employment, taking part in employment	10703
orientation activities, or taking part in activities in	10704
anticipation of enrolling in or attending an education or training	10705
program or activity, if the employment or the education or	10706
training program or activity is expected to begin within the	10707
thirty-day period;	10708

(N) Any other rules necessary to carry out sections 5104.30	10709
to 5104.43 of the Revised Code.	10710

Sec. 5123.022. It is hereby declared to be the policy of this	10711
state that employment services for individuals with developmental	10712
disabilities be directed at placement whenever possible of each	10713
individual in a position in the community in which the individual	10714
is integrated with the employer's other workers who are not	10715
developmentally disabled. The departments of developmental	10716
disabilities, education, job and family services, and mental	10717
health; the rehabilitation services commission; and each other	10718
state agency that provides employment services to individuals with	10719
developmental disabilities shall implement this policy and ensure	10720
that it is followed whenever employment services are provided to	10721
individuals with developmental disabilities.	10722

The department of developmental disabilities shall coordinate	10723
the actions taken by state agencies to comply with the state's	10724
policy. Agencies shall collaborate within their divisions and with	10725
each other to ensure that state programs, policies, procedures,	10726
and funding support competitive and integrated employment of	10727
individuals with developmental disabilities. State agencies shall	10728
share information with the department, and the department shall	10729
track progress toward full implementation of the policy. The	10730
department, in coordination with any task force established by the	10731
governor, shall compile data and annually submit to the governor a	10732
report on implementation of the policy.	10733

The department and state agencies may adopt rules to	10734
implement the policy.	10735

The policy articulated in this section is intended to promote	10736
the right of each individual with a developmental disability to	10737
informed choice; however, nothing in this section requires any	10738
employer to give preference in hiring to an individual because the	10739
individual has a disability.	10740

Sec. 5126.0222. As used in this section, "specialized	10741
services" has the same meaning as in section 5123.081 of the	10742
Revised Code.	10743

Notwithstanding any provision of the Revised Code to the	10744
contrary, including applicable provisions of sections 102.03,	10745
102.04, 2921.42, and 2921.43 of the Revised Code, an employee of a	10746
county board of developmental disabilities also may be a member of	10747
the governing board of a political subdivision, including the	10748
board of education of a school district, or an agency that does	10749
not provide specialized services. The county board may contract	10750
with such a governing board even though the governing board	10751
includes an individual who is an employee of the county board.	10752
That member of the governing board may not vote on any matter	10753
before the governing board concerning a contract with the county	10754
board or participate in any discussion or debate regarding such a	10755
contract.	10756

Sec. 5709.83. (A) Except as otherwise provided in division	10757
(B) or (C) of this section, prior to taking formal action to adopt	10758
or enter into any instrument granting a tax exemption under	10759
section 725.02, 1728.06, 5709.40, 5709.41, 5709.62, 5709.63,	10760
5709.632, 5709.73, 5709.78, 5709.84, or 5709.88 of the Revised	10761
Code or formally approving an agreement under section 3735.671 of	10762
the Revised Code, or prior to forwarding an application for a tax	10763
exemption for residential property under section 3735.67 of the	10764
Revised Code to the county auditor, the legislative authority of	10765
the political subdivision or housing officer shall notify the	10766
board of education of each city, local, exempted village, or joint	10767
vocational school district in which the proposed tax-exempted	10768
property is located. The notice shall include a copy of the	10769
instrument or application. The notice shall be delivered not later	10770
than fourteen days prior to the day the legislative authority	10771
takes formal action to adopt or enter into the instrument, or not	10772
later than fourteen days prior to the day the housing officer	10773
forwards the application to the county auditor. If the board of	10774
education comments on the instrument or application to the	10775
legislative authority or housing officer, the legislative	10776
authority or housing officer shall consider the comments. If the	10777
board of education of the city, local, exempted village, or joint	10778
vocational school district so requests, the legislative authority	10779
or the housing officer shall meet in person with a representative	10780
designated by the board of education to discuss the terms of the	10781
instrument or application.	10782

(B) The notice otherwise required to be provided to boards of	10783
education under division (A) of this section is not required if	10784
the board has adopted a resolution waiving its right to receive	10785
such notices, and that resolution remains in effect. If a board of	10786
education adopts such a resolution, the board shall cause a copy	10787
of the resolution to be certified to the legislative authority. If	10788
the board of education rescinds such a resolution, it shall	10789
certify notice of the rescission to the legislative authority. A	10790
board of education may adopt such a resolution with respect to any	10791
one or more counties, townships, or municipal corporations	10792
situated in whole or in part within the school district.	10793

(C) If a legislative authority is required to provide notice	10794
to a city, local, or exempted village school district of its	10795
intent to grant such an exemption as required by section 5709.40,	10796
5709.41, 5709.73, or 5709.78 of the Revised Code, the legislative	10797
authority, before adopting a resolution or ordinance under that	10798
section, shall notify the board of education of each joint	10799
vocational school district in which the property to be exempted is	10800
located using the same time requirements for the notice that	10801
applies to notices to city, local, and exempted village school	10802
districts. ~~The notice shall be delivered not later than forty-five~~	10803
~~days before the day the legislative authority adopts a resolution~~	10804
~~or ordinance under any of those sections.~~ The content of the	10805
notice and procedures for responding to the notice are the same as	10806
required in division (A) of this section.	10807

Sec. 5751.20. (A) As used in sections 5751.20 to 5751.22 of	10808
the Revised Code:	10809

(1) "School district," "joint vocational school district,"	10810
"local taxing unit," "recognized valuation," "fixed-rate levy,"	10811
and "fixed-sum levy" have the same meanings as used in section	10812
5727.84 of the Revised Code.	10813

(2) "State education aid" for a school district means the	10814
following:	10815

(a) For fiscal years prior to fiscal year 2010, the sum of	10816
state aid amounts computed for the district under the following	10817
provisions, as they existed for the applicable fiscal year:	10818
division (A) of section 3317.022 of the Revised Code, including	10819
the amounts calculated under sections 3317.029 and 3317.0217 of	10820
the Revised Code; divisions (C)(1), (C)(4), (D), (E), and (F) of	10821
section 3317.022; divisions (B), (C), and (D) of section 3317.023;	10822
divisions (L) and (N) of section 3317.024; section 3317.0216; and	10823
any unit payments for gifted student services paid under sections	10824
3317.05, 3317.052, and 3317.053 of the Revised Code; except that,	10825
for fiscal years 2008 and 2009, the amount computed for the	10826
district under Section 269.20.80 of H.B. 119 of the 127th general	10827
assembly and as that section subsequently may be amended shall be	10828
substituted for the amount computed under division (D) of section	10829
3317.022 of the Revised Code, and the amount computed under	10830
Section 269.30.80 of H.B. 119 of the 127th general assembly and as	10831
that section subsequently may be amended shall be included.	10832

(b) For fiscal years 2010 and 2011, the sum of the amounts	10833
computed under former sections 3306.052, 3306.12, 3306.13,	10834
3306.19, 3306.191, and 3306.192 of the Revised Code;	10835

(c) For fiscal years 2012 and 2013, the ~~amount~~sum of the	10836
amounts paid ~~in accordance with the section~~under Sections	10837
267.30.50, 267.30.53, and 267.30.56 of H.B. 153 of the 129th	10838
general assembly ~~entitled "FUNDING FOR CITY, EXEMPTED VILLAGE, AND~~	10839
~~LOCAL SCHOOL DISTRICTS~~."	10840

(3) "State education aid" for a joint vocational school	10841
district means the following:	10842

(a) For fiscal years prior to fiscal year 2010, the sum of	10843
the state aid computed for the district under division (N) of	10844
section 3317.024 and section 3317.16 of the Revised Code, except	10845
that, for fiscal years 2008 and 2009, the amount computed under	10846
Section 269.30.80 of H.B. 119 of the 127th general assembly and as	10847
that section subsequently may be amended shall be included.	10848

(b) For fiscal years 2010 and 2011, the amount paid in	10849
accordance with ~~the section~~Section 265.30.50 of H.B. 1 of the	10850
128th general assembly ~~entitled "FUNDING FOR JOINT VOCATIONAL~~	10851
~~SCHOOL DISTRICTS~~."	10852

(c) For fiscal years 2012 and 2013, the amount paid in	10853
accordance with ~~the section~~Section 267.30.60 of H.B. 153 of the	10854
129th general assembly ~~entitled "FUNDING FOR JOINT VOCATIONAL~~	10855
~~SCHOOL DISTRICTS~~."	10856

(4) "State education aid offset" means the amount determined	10857
for each school district or joint vocational school district under	10858
division (A)(1) of section 5751.21 of the Revised Code.	10859

(5) "Machinery and equipment property tax value loss" means	10860
the amount determined under division (C)(1) of this section.	10861

(6) "Inventory property tax value loss" means the amount	10862
determined under division (C)(2) of this section.	10863

(7) "Furniture and fixtures property tax value loss" means	10864
the amount determined under division (C)(3) of this section.	10865

(8) "Machinery and equipment fixed-rate levy loss" means the	10866
amount determined under division (D)(1) of this section.	10867

(9) "Inventory fixed-rate levy loss" means the amount	10868
determined under division (D)(2) of this section.	10869

(10) "Furniture and fixtures fixed-rate levy loss" means the	10870
amount determined under division (D)(3) of this section.	10871

(11) "Total fixed-rate levy loss" means the sum of the	10872
machinery and equipment fixed-rate levy loss, the inventory	10873
fixed-rate levy loss, the furniture and fixtures fixed-rate levy	10874
loss, and the telephone company fixed-rate levy loss.	10875

(12) "Fixed-sum levy loss" means the amount determined under	10876
division (E) of this section.	10877

(13) "Machinery and equipment" means personal property	10878
subject to the assessment rate specified in division (F) of	10879
section 5711.22 of the Revised Code.	10880

(14) "Inventory" means personal property subject to the	10881
assessment rate specified in division (E) of section 5711.22 of	10882
the Revised Code.	10883

(15) "Furniture and fixtures" means personal property subject	10884
to the assessment rate specified in division (G) of section	10885
5711.22 of the Revised Code.	10886

(16) "Qualifying levies" are levies in effect for tax year	10887
2004 or applicable to tax year 2005 or approved at an election	10888
conducted before September 1, 2005. For the purpose of determining	10889
the rate of a qualifying levy authorized by section 5705.212 or	10890
5705.213 of the Revised Code, the rate shall be the rate that	10891
would be in effect for tax year 2010.	10892

(17) "Telephone property" means tangible personal property of	10893
a telephone, telegraph, or interexchange telecommunications	10894
company subject to an assessment rate specified in section	10895
5727.111 of the Revised Code in tax year 2004.	10896

(18) "Telephone property tax value loss" means the amount	10897
determined under division (C)(4) of this section.	10898

(19) "Telephone property fixed-rate levy loss" means the	10899
amount determined under division (D)(4) of this section.	10900

(20) "Taxes charged and payable" means taxes charged and	10901
payable after the reduction required by section 319.301 of the	10902
Revised Code but before the reductions required by sections	10903
319.302 and 323.152 of the Revised Code.	10904

(21) "Median estate tax collections" means, in the case of a	10905
municipal corporation to which revenue from the taxes levied in	10906
Chapter 5731. of the Revised Code was distributed in each of	10907
calendar years 2006, 2007, 2008, and 2009, the median of those	10908
distributions. In the case of a municipal corporation to which no	10909
distributions were made in one or more of those years, "median	10910
estate tax collections" means zero.	10911

(22) "Total resources," in the case of a school district,	10912
means the sum of the amounts in divisions (A)(22)(a) to (h) of	10913
this section less any reduction required under division (A)(32) of	10914
this section.	10915

(a) The state education aid for fiscal year 2010;

10916

(b) The sum of the payments received by the school district	10917
in fiscal year 2010 for current expense levy losses pursuant to	10918
division (C)(2) of section 5727.85 and divisions (C)(8) and (9) of	10919
section 5751.21 of the Revised Code, excluding the portion of such	10920
payments attributable to levies for joint vocational school	10921
district purposes;	10922

(c) The sum of fixed-sum levy loss payments received by the	10923
school district in fiscal year 2010 pursuant to division (E)(1) of	10924
section 5727.85 and division (E)(1) of section 5751.21 of the	10925
Revised Code for fixed-sum levies imposed for a purpose other than	10926
paying debt charges;	10927

(d) Fifty per cent of the school district's taxes charged and	10928
payable against all property on the tax list of real and public	10929
utility property for current expense purposes for tax year 2008,	10930
including taxes charged and payable from emergency levies imposed	10931
under section 5709.194 of the Revised Code and excluding taxes	10932
levied for joint vocational school district purposes;	10933

(e) Fifty per cent of the school district's taxes charged and	10934
payable against all property on the tax list of real and public	10935
utility property for current expenses for tax year 2009, including	10936
taxes charged and payable from emergency levies and excluding	10937
taxes levied for joint vocational school district purposes;	10938

(f) The school district's taxes charged and payable against	10939
all property on the general tax list of personal property for	10940
current expenses for tax year 2009, including taxes charged and	10941
payable from emergency levies;	10942

(g) The amount certified for fiscal year 2010 under division	10943
(A)(2) of section 3317.08 of the Revised Code;	10944

(h) Distributions received during calendar year 2009 from	10945
taxes levied under section 718.09 of the Revised Code.	10946

(23) "Total resources," in the case of a joint vocational	10947
school district, means the sum of amounts in divisions (A)(23)(a)	10948
to (g) of this section less any reduction required under division	10949
(A)(32) of this section.	10950

(a) The state education aid for fiscal year 2010;

10951

(b) The sum of the payments received by the joint vocational	10952
school district in fiscal year 2010 for current expense levy	10953
losses pursuant to division (C)(2) of section 5727.85 and	10954
divisions (C)(8) and (9) of section 5751.21 of the Revised Code;	10955

(c) Fifty per cent of the joint vocational school district's	10956
taxes charged and payable against all property on the tax list of	10957
real and public utility property for current expense purposes for	10958
tax year 2008;	10959

(d) Fifty per cent of the joint vocational school district's	10960
taxes charged and payable against all property on the tax list of	10961
real and public utility property for current expenses for tax year	10962
2009;	10963

(e) Fifty per cent of a city, local, or exempted village	10964
school district's taxes charged and payable against all property	10965
on the tax list of real and public utility property for current	10966
expenses of the joint vocational school district for tax year	10967
2008;	10968

(f) Fifty per cent of a city, local, or exempted village	10969
school district's taxes charged and payable against all property	10970
on the tax list of real and public utility property for current	10971
expenses of the joint vocational school district for tax year	10972
2009;	10973

(g) The joint vocational school district's taxes charged and	10974
payable against all property on the general tax list of personal	10975
property for current expenses for tax year 2009.	10976

(24) "Total resources," in the case of county mental health	10977
and disability related functions, means the sum of the amounts in	10978
divisions (A)(24)(a) and (b) of this section less any reduction	10979
required under division (A)(32) of this section.	10980

(a) The sum of the payments received by the county for mental	10981
health and developmental disability related functions in calendar	10982
year 2010 under division (A)(1) of section 5727.86 and ~~division~~	10983
divisions (A)(1) and (2) of section 5751.22 of the Revised Code as	10984
they existed at that time;	10985

(b) With respect to taxes levied by the county for mental	10986
health and developmental disability related purposes, the taxes	10987
charged and payable for such purposes against all property on the	10988
tax list of real and public utility property for tax year 2009.	10989

(25) "Total resources," in the case of county senior services	10990
related functions, means the sum of the amounts in divisions	10991
(A)(25)(a) and (b) of this section less any reduction required	10992
under division (A)(32) of this section.	10993

(a) The sum of the payments received by the county for senior	10994
services related functions in calendar year 2010 under division	10995
(A)(1) of section 5727.86 and divisions (A)(1) and (2) of section	10996
5751.22 of the Revised Code as they existed at that time;	10997

(b) With respect to taxes levied by the county for senior	10998
services related purposes, the taxes charged and payable for such	10999
purposes against all property on the tax list of real and public	11000
utility property for tax year 2009.	11001

(26) "Total resources," in the case of county children's	11002
services related functions, means the sum of the amounts in	11003
divisions (A)(26)(a) and (b) of this section less any reduction	11004
required under division (A)(32) of this section.	11005

(a) The sum of the payments received by the county for	11006
children's services related functions in calendar year 2010 under	11007
division (A)(1) of section 5727.86 and divisions (A)(1) and (2) of	11008
section 5751.22 of the Revised Code as they existed at that time;	11009

(b) With respect to taxes levied by the county for children's	11010
services related purposes, the taxes charged and payable for such	11011
purposes against all property on the tax list of real and public	11012
utility property for tax year 2009.	11013

(27) "Total resources," in the case of county public health	11014
related functions, means the sum of the amounts in divisions	11015
(A)(27)(a) and (b) of this section less any reduction required	11016
under division (A)(32) of this section.	11017

(a) The sum of the payments received by the county for public	11018
health related functions in calendar year 2010 under division	11019
(A)(1) of section 5727.86 and divisions (A)(1) and (2) of section	11020
5751.22 of the Revised Code as they existed at that time;	11021

(b) With respect to taxes levied by the county for public	11022
health related purposes, the taxes charged and payable for such	11023
purposes against all property on the tax list of real and public	11024
utility property for tax year 2009.	11025

(28) "Total resources," in the case of all county functions	11026
not included in divisions (A)(24) to (27) of this section, means	11027
the sum of the amounts in divisions (A)(28)(a) to (d) of this	11028
section less any reduction required under division (A)(32) of this	11029
section.	11030

(a) The sum of the payments received by the county for all	11031
other purposes in calendar year 2010 under division (A)(1) of	11032
section 5727.86 and divisions (A)(1) and (2) of section 5751.22 of	11033
the Revised Code as they existed at that time;	11034

(b) The county's percentage share of county undivided local	11035
government fund allocations as certified to the tax commissioner	11036
for calendar year 2010 by the county auditor under division (J) of	11037
section 5747.51 of the Revised Code or division (F) of section	11038
5747.53 of the Revised Code multiplied by the total amount	11039
actually distributed in calendar year 2010 from the county	11040
undivided local government fund;	11041

(c) With respect to taxes levied by the county for all other	11042
purposes, the taxes charged and payable for such purposes against	11043
all property on the tax list of real and public utility property	11044
for tax year 2009, excluding taxes charged and payable for the	11045
purpose of paying debt charges;	11046

(d) The sum of the amounts distributed to the county in	11047
calendar year 2010 for the taxes levied pursuant to sections	11048
5739.021 and 5741.021 of the Revised Code.	11049

(29) "Total resources," in the case of a municipal	11050
corporation, means the sum of the amounts in divisions (A)(29)(a)	11051
to (g) of this section less any reduction required under division	11052
(A)(32) of this section.	11053

(a) The sum of the payments received by the municipal	11054
corporation in calendar year 2010 under division (A)(1) of section	11055
5727.86 and divisions (A)(1) and (2) of section 5751.22 of the	11056
Revised Code as they existed at that time;	11057

(b) The municipal corporation's percentage share of county	11058
undivided local government fund allocations as certified to the	11059
tax commissioner for calendar year 2010 by the county auditor	11060
under division (J) of section 5747.51 of the Revised Code or	11061
division (F) of section 5747.53 of the Revised Code multiplied by	11062
the total amount actually distributed in calendar year 2010 from	11063
the county undivided local government fund;	11064

(c) The sum of the amounts distributed to the municipal	11065
corporation in calendar year 2010 pursuant to section 5747.50 of	11066
the Revised Code;	11067

(d) With respect to taxes levied by the municipal	11068
corporation, the taxes charged and payable against all property on	11069
the tax list of real and public utility property for current	11070
expenses, defined in division (A)(33) of this section, for tax	11071
year 2009;	11072

(e) The amount of admissions tax collected by the municipal	11073
corporation in calendar year 2008, or if such information has not	11074
yet been reported to the tax commissioner, in the most recent year	11075
before 2008 for which the municipal corporation has reported data	11076
to the commissioner;	11077

(f) The amount of income taxes collected by the municipal	11078
corporation in calendar year 2008, or if such information has not	11079
yet been reported to the tax commissioner, in the most recent year	11080
before 2008 for which the municipal corporation has reported data	11081
to the commissioner;	11082

(g) The municipal corporation's median estate tax	11083
collections.	11084

(30) "Total resources," in the case of a township, means the	11085
sum of the amounts in divisions (A)(30)(a) to (c) of this section	11086
less any reduction required under division (A)(32) of this	11087
section.	11088

(a) The sum of the payments received by the township in	11089
calendar year 2010 pursuant to division (A)(1) of section 5727.86	11090
of the Revised Code and divisions (A)(1) and (2) of section	11091
5751.22 of the Revised Code as they existed at that time,	11092
excluding payments received for debt purposes;	11093

(b) The township's percentage share of county undivided local	11094
government fund allocations as certified to the tax commissioner	11095
for calendar year 2010 by the county auditor under division (J) of	11096
section 5747.51 of the Revised Code or division (F) of section	11097
5747.53 of the Revised Code multiplied by the total amount	11098
actually distributed in calendar year 2010 from the county	11099
undivided local government fund;	11100

(c) With respect to taxes levied by the township, the taxes	11101
charged and payable against all property on the tax list of real	11102
and public utility property for tax year 2009 excluding taxes	11103
charged and payable for the purpose of paying debt charges.	11104

(31) "Total resources," in the case of a local taxing unit	11105
that is not a county, municipal corporation, or township, means	11106
the sum of the amounts in divisions (A)(31)(a) to (e) of this	11107
section less any reduction required under division (A)(32) of this	11108
section.	11109

(a) The sum of the payments received by the local taxing unit	11110
in calendar year 2010 pursuant to division (A)(1) of section	11111
5727.86 of the Revised Code and divisions (A)(1) and (2) of	11112
section 5751.22 of the Revised Code as they existed at that time;	11113

(b) The local taxing unit's percentage share of county	11114
undivided local government fund allocations as certified to the	11115
tax commissioner for calendar year 2010 by the county auditor	11116
under division (J) of section 5747.51 of the Revised Code or	11117
division (F) of section 5747.53 of the Revised Code multiplied by	11118
the total amount actually distributed in calendar year 2010 from	11119
the county undivided local government fund;	11120

(c) With respect to taxes levied by the local taxing unit,	11121
the taxes charged and payable against all property on the tax list	11122
of real and public utility property for tax year 2009 excluding	11123
taxes charged and payable for the purpose of paying debt charges;	11124

(d) The amount received from the tax commissioner during	11125
calendar year 2010 for sales or use taxes authorized under	11126
sections 5739.023 and 5741.022 of the Revised Code;	11127

(e) For institutions of higher education receiving tax	11128
revenue from a local levy, as identified in section 3358.02 of the	11129
Revised Code, the final state share of instruction allocation for	11130
fiscal year 2010 as calculated by the board of regents and	11131
reported to the state controlling board.	11132

(32) If a fixed-rate levy that is a qualifying levy is not	11133
imposed in any year after tax year 2010, "total resources" used to	11134
compute payments to be made under division (C)(12) of section	11135
5751.21 or division (A)(1)(b) or (c) of section 5751.22 of the	11136
Revised Code in the tax years following the last year the levy is	11137
imposed shall be reduced by the amount of payments attributable to	11138
the fixed-rate levy loss of that levy as would be computed under	11139
division (C)(2) of section 5727.85, division (A)(1) of section	11140
5727.85, divisions (C)(8) and (9) of section 5751.21, or division	11141
(A)(1) of section 5751.22 of the Revised Code.	11142

(33) "Municipal current expense property tax levies" means	11143
all property tax levies of a municipality, except those with the	11144
following levy names: airport resurfacing; bond or any levy name	11145
including the word "bond"; capital improvement or any levy name	11146
including the word "capital"; debt or any levy name including the	11147
word "debt"; equipment or any levy name including the word	11148
"equipment," unless the levy is for combined operating and	11149
equipment; employee termination fund; fire pension or any levy	11150
containing the word "pension," including police pensions;	11151
fireman's fund or any practically similar name; sinking fund; road	11152
improvements or any levy containing the word "road"; fire truck or	11153
apparatus; flood or any levy containing the word "flood";	11154
conservancy district; county health; note retirement; sewage, or	11155
any levy containing the words "sewage" or "sewer"; park	11156
improvement; parkland acquisition; storm drain; street or any levy	11157
name containing the word "street"; lighting, or any levy name	11158
containing the word "lighting"; and water.	11159

(34) "Current expense TPP allocation" means, in the case of a	11160
school district or joint vocational school district, the sum of	11161
the payments received by the school district in fiscal year 2011	11162
pursuant to divisions (C)(10) and (11) of section 5751.21 of the	11163
Revised Code to the extent paid for current expense levies. In the	11164
case of a municipal corporation, "current expense TPP allocation"	11165
means the sum of the payments received by the municipal	11166
corporation in calendar year 2010 pursuant to divisions (A)(1) and	11167
(2) of section 5751.22 of the Revised Code to the extent paid for	11168
municipal current expense property tax levies as defined in	11169
division (A)(33) of this section. If a fixed-rate levy that is a	11170
qualifying levy is not imposed in any year after tax year 2010,	11171
"current expense TPP allocation" used to compute payments to be	11172
made under division (C)(12) of section 5751.21 or division	11173
(A)(1)(b) or (c) of section 5751.22 of the Revised Code in the tax	11174
years following the last year the levy is imposed shall be reduced	11175
by the amount of payments attributable to the fixed-rate levy loss	11176
of that levy as would be computed under divisions (C)(10) and (11)	11177
of section 5751.21 or division (A)(1) of section 5751.22 of the	11178
Revised Code.	11179

(35) "TPP allocation" means the sum of payments received by a	11180
local taxing unit in calendar year 2010 pursuant to divisions	11181
(A)(1) and (2) of section 5751.22 of the Revised Code. If a	11182
fixed-rate levy that is a qualifying levy is not imposed in any	11183
year after tax year 2010, "TPP allocation" used to compute	11184
payments to be made under division (A)(1)(b) or (c) of section	11185
5751.22 of the Revised Code in the tax years following the last	11186
year the levy is imposed shall be reduced by the amount of payment	11187
attributable to the fixed-rate levy loss of that levy as would be	11188
computed under division (A)(1) of that section.	11189

(36) "Total TPP allocation" means, in the case of a school	11190
district or joint vocational school district, the sum of the	11191
amounts received in fiscal year 2011 pursuant to divisions (C)(10)	11192
and (11) and (D) of section 5751.21 of the Revised Code. In the	11193
case of a local taxing unit, "total TPP allocation" means the sum	11194
of payments received by the unit in calendar year 2010 pursuant to	11195
divisions (A)(1), (2), and (3) of section 5751.22 of the Revised	11196
Code. If a fixed-rate levy that is a qualifying levy is not	11197
imposed in any year after tax year 2010, "total TPP allocation"	11198
used to compute payments to be made under division (C)(12) of	11199
section 5751.21 or division (A)(1)(b) or (c) of section 5751.22 of	11200
the Revised Code in the tax years following the last year the levy	11201
is imposed shall be reduced by the amount of payments attributable	11202
to the fixed-rate levy loss of that levy as would be computed	11203
under divisions (C)(10) and (11) of section 5751.21 or division	11204
(A)(1) of section 5751.22 of the Revised Code.	11205

(37) "Non-current expense TPP allocation" means the	11206
difference of total TPP allocation minus the sum of current	11207
expense TPP allocation and the portion of total TPP allocation	11208
constituting reimbursement for debt levies, pursuant to division	11209
(D) of section 5751.21 of the Revised Code in the case of a school	11210
district or joint vocational school district and pursuant to	11211
division (A)(3) of section 5751.22 of the Revised Code in the case	11212
of a municipal corporation.	11213

(38) "Threshold per cent" means, in the case of a school	11214
district or joint vocational school district, two per cent for	11215
fiscal year 2012 and four per cent for fiscal years 2013 and	11216
thereafter. In the case of a local taxing unit, "threshold per	11217
cent" means two per cent for tax year 2011, four per cent for tax	11218
year 2012, and six per cent for tax years 2013 and thereafter.	11219

(B) The commercial activities tax receipts fund is hereby	11220
created in the state treasury and shall consist of money arising	11221
from the tax imposed under this chapter. Eighty-five	11222
one-hundredths of one per cent of the money credited to that fund	11223
shall be credited to the tax reform system implementation fund,	11224
which is hereby created in the state treasury, and shall be used	11225
to defray the costs incurred by the department of taxation in	11226
administering the tax imposed by this chapter and in implementing	11227
tax reform measures. The remainder in the commercial activities	11228
tax receipts fund shall be credited for each fiscal year in the	11229
following percentages to the general revenue fund, to the school	11230
district tangible property tax replacement fund, which is hereby	11231
created in the state treasury for the purpose of making the	11232
payments described in section 5751.21 of the Revised Code, and to	11233
the local government tangible property tax replacement fund, which	11234
is hereby created in the state treasury for the purpose of making	11235
the payments described in section 5751.22 of the Revised Code, in	11236
the following percentages:	11237

Fiscal year	General Revenue Fund	School District Tangible Property Tax Replacement Fund	Local Government Tangible Property Tax Replacement Fund	11238
2006	67.7%	22.6%	9.7%	11239
2007	0%	70.0%	30.0%	11240
2008	0%	70.0%	30.0%	11241
2009	0%	70.0%	30.0%	11242
2010	0%	70.0%	30.0%	11243
2011	0%	70.0%	30.0%	11244
2012	25.0%	52.5%	22.5%	11245
2013 and thereafter	50.0%	35.0%	15.0%	11246

(C) Not later than September 15, 2005, the tax commissioner	11247
shall determine for each school district, joint vocational school	11248
district, and local taxing unit its machinery and equipment,	11249
inventory property, furniture and fixtures property, and telephone	11250
property tax value losses, which are the applicable amounts	11251
described in divisions (C)(1), (2), (3), and (4) of this section,	11252
except as provided in division (C)(5) of this section:	11253

(1) Machinery and equipment property tax value loss is the	11254
taxable value of machinery and equipment property as reported by	11255
taxpayers for tax year 2004 multiplied by:	11256

(a) For tax year 2006, thirty-three and eight-tenths per	11257
cent;	11258

(b) For tax year 2007, sixty-one and three-tenths per cent;

11259

11260

(d) For tax year 2009 and thereafter, one hundred per cent.

11261

(2) Inventory property tax value loss is the taxable value of	11262
inventory property as reported by taxpayers for tax year 2004	11263
multiplied by:	11264

(a) For tax year 2006, a fraction, the numerator of which is	11265
five and three-fourths and the denominator of which is	11266
twenty-three;	11267

(b) For tax year 2007, a fraction, the numerator of which is	11268
nine and one-half and the denominator of which is twenty-three;	11269

(c) For tax year 2008, a fraction, the numerator of which is	11270
thirteen and one-fourth and the denominator of which is	11271
twenty-three;	11272

(d) For tax year 2009 and thereafter a fraction, the	11273
numerator of which is seventeen and the denominator of which is	11274
twenty-three.	11275

(3) Furniture and fixtures property tax value loss is the	11276
taxable value of furniture and fixture property as reported by	11277
taxpayers for tax year 2004 multiplied by:	11278

(a) For tax year 2006, twenty-five per cent;

11279

(b) For tax year 2007, fifty per cent;

11280

11281

(d) For tax year 2009 and thereafter, one hundred per cent.

11282

The taxable value of property reported by taxpayers used in	11283
divisions (C)(1), (2), and (3) of this section shall be such	11284
values as determined to be final by the tax commissioner as of	11285
August 31, 2005. Such determinations shall be final except for any	11286
correction of a clerical error that was made prior to August 31,	11287
2005, by the tax commissioner.	11288

(4) Telephone property tax value loss is the taxable value of	11289
telephone property as taxpayers would have reported that property	11290
for tax year 2004 if the assessment rate for all telephone	11291
property for that year were twenty-five per cent, multiplied by:	11292

(a) For tax year 2006, zero per cent;

11293

(b) For tax year 2007, zero per cent;

11294

11295

(d) For tax year 2009, sixty per cent;

11296

(e) For tax year 2010, eighty per cent;

11297

(f) For tax year 2011 and thereafter, one hundred per cent.

11298

(5) Division (C)(5) of this section applies to any school	11299
district, joint vocational school district, or local taxing unit	11300
in a county in which is located a facility currently or formerly	11301
devoted to the enrichment or commercialization of uranium or	11302
uranium products, and for which the total taxable value of	11303
property listed on the general tax list of personal property for	11304
any tax year from tax year 2001 to tax year 2004 was fifty per	11305
cent or less of the taxable value of such property listed on the	11306
general tax list of personal property for the next preceding tax	11307
year.	11308

In computing the fixed-rate levy losses under divisions	11309
(D)(1), (2), and (3) of this section for any school district,	11310
joint vocational school district, or local taxing unit to which	11311
division (C)(5) of this section applies, the taxable value of such	11312
property as listed on the general tax list of personal property	11313
for tax year 2000 shall be substituted for the taxable value of	11314
such property as reported by taxpayers for tax year 2004, in the	11315
taxing district containing the uranium facility, if the taxable	11316
value listed for tax year 2000 is greater than the taxable value	11317
reported by taxpayers for tax year 2004. For the purpose of making	11318
the computations under divisions (D)(1), (2), and (3) of this	11319
section, the tax year 2000 valuation is to be allocated to	11320
machinery and equipment, inventory, and furniture and fixtures	11321
property in the same proportions as the tax year 2004 values. For	11322
the purpose of the calculations in division (A) of section 5751.21	11323
of the Revised Code, the tax year 2004 taxable values shall be	11324
used.	11325

To facilitate the calculations required under division (C) of	11326
this section, the county auditor, upon request from the tax	11327
commissioner, shall provide by August 1, 2005, the values of	11328
machinery and equipment, inventory, and furniture and fixtures for	11329
all single-county personal property taxpayers for tax year 2004.	11330

(D) Not later than September 15, 2005, the tax commissioner	11331
shall determine for each tax year from 2006 through 2009 for each	11332
school district, joint vocational school district, and local	11333
taxing unit its machinery and equipment, inventory, and furniture	11334
and fixtures fixed-rate levy losses, and for each tax year from	11335
2006 through 2011 its telephone property fixed-rate levy loss.	11336
Except as provided in division (F) of this section, such losses	11337
are the applicable amounts described in divisions (D)(1), (2),	11338
(3), and (4) of this section:	11339

(1) The machinery and equipment fixed-rate levy loss is the	11340
machinery and equipment property tax value loss multiplied by the	11341
sum of the tax rates of fixed-rate qualifying levies.	11342

(2) The inventory fixed-rate loss is the inventory property	11343
tax value loss multiplied by the sum of the tax rates of	11344
fixed-rate qualifying levies.	11345

(3) The furniture and fixtures fixed-rate levy loss is the	11346
furniture and fixture property tax value loss multiplied by the	11347
sum of the tax rates of fixed-rate qualifying levies.	11348

(4) The telephone property fixed-rate levy loss is the	11349
telephone property tax value loss multiplied by the sum of the tax	11350
rates of fixed-rate qualifying levies.	11351

(E) Not later than September 15, 2005, the tax commissioner	11352
shall determine for each school district, joint vocational school	11353
district, and local taxing unit its fixed-sum levy loss. The	11354
fixed-sum levy loss is the amount obtained by subtracting the	11355
amount described in division (E)(2) of this section from the	11356
amount described in division (E)(1) of this section:	11357

(1) The sum of the machinery and equipment property tax value	11358
loss, the inventory property tax value loss, and the furniture and	11359
fixtures property tax value loss, and, for 2008 through 2010, the	11360
telephone property tax value loss of the district or unit	11361
multiplied by the sum of the fixed-sum tax rates of qualifying	11362
levies. For 2006 through 2010, this computation shall include all	11363
qualifying levies remaining in effect for the current tax year and	11364
any school district levies imposed under section 5705.194 or	11365
5705.213 of the Revised Code that are qualifying levies not	11366
remaining in effect for the current year. For 2011 through 2017 in	11367
the case of school district levies imposed under section 5705.194	11368
or 5705.213 of the Revised Code and for all years after 2010 in	11369
the case of other fixed-sum levies, this computation shall include	11370
only qualifying levies remaining in effect for the current year.	11371
For purposes of this computation, a qualifying school district	11372
levy imposed under section 5705.194 or 5705.213 of the Revised	11373
Code remains in effect in a year after 2010 only if, for that	11374
year, the board of education levies a school district levy imposed	11375
under section 5705.194, 5705.199, 5705.213, or 5705.219 of the	11376
Revised Code for an annual sum at least equal to the annual sum	11377
levied by the board in tax year 2004 less the amount of the	11378
payment certified under this division for 2006.	11379

(2) The total taxable value in tax year 2004 less the sum of	11380
the machinery and equipment, inventory, furniture and fixtures,	11381
and telephone property tax value losses in each school district,	11382
joint vocational school district, and local taxing unit multiplied	11383
by one-half of one mill per dollar.	11384

(3) For the calculations in divisions (E)(1) and (2) of this	11385
section, the tax value losses are those that would be calculated	11386
for tax year 2009 under divisions (C)(1), (2), and (3) of this	11387
section and for tax year 2011 under division (C)(4) of this	11388
section.	11389

(4) To facilitate the calculation under divisions (D) and (E)	11390
of this section, not later than September 1, 2005, any school	11391
district, joint vocational school district, or local taxing unit	11392
that has a qualifying levy that was approved at an election	11393
conducted during 2005 before September 1, 2005, shall certify to	11394
the tax commissioner a copy of the county auditor's certificate of	11395
estimated property tax millage for such levy as required under	11396
division (B) of section 5705.03 of the Revised Code, which is the	11397
rate that shall be used in the calculations under such divisions.	11398

If the amount determined under division (E) of this section	11399
for any school district, joint vocational school district, or	11400
local taxing unit is greater than zero, that amount shall equal	11401
the reimbursement to be paid pursuant to division (E) of section	11402
5751.21 or division (A)(3) of section 5751.22 of the Revised Code,	11403
and the one-half of one mill that is subtracted under division	11404
(E)(2) of this section shall be apportioned among all contributing	11405
fixed-sum levies in the proportion that each levy bears to the sum	11406
of all fixed-sum levies within each school district, joint	11407
vocational school district, or local taxing unit.	11408

(F) If a school district levies a tax under section 5705.219	11409
of the Revised Code, the fixed-rate levy loss for qualifying	11410
levies, to the extent repealed under that section, shall equal the	11411
sum of the following amounts in lieu of the amounts computed for	11412
such levies under division (D) of this section:	11413

(1) The sum of the rates of qualifying levies to the extent	11414
so repealed multiplied by the sum of the machinery and equipment,	11415
inventory, and furniture and fixtures tax value losses for 2009 as	11416
determined under that division;	11417

(2) The sum of the rates of qualifying levies to the extent	11418
so repealed multiplied by the telephone property tax value loss	11419
for 2011 as determined under that division.	11420

The fixed-rate levy losses for qualifying levies to the	11421
extent not repealed under section 5705.219 of the Revised Code	11422
shall be as determined under division (D) of this section. The	11423
revised fixed-rate levy losses determined under this division and	11424
division (D) of this section first apply in the year following the	11425
first year the district levies the tax under section 5705.219 of	11426
the Revised Code.	11427

(G) Not later than October 1, 2005, the tax commissioner	11428
shall certify to the department of education for every school	11429
district and joint vocational school district the machinery and	11430
equipment, inventory, furniture and fixtures, and telephone	11431
property tax value losses determined under division (C) of this	11432
section, the machinery and equipment, inventory, furniture and	11433
fixtures, and telephone fixed-rate levy losses determined under	11434
division (D) of this section, and the fixed-sum levy losses	11435
calculated under division (E) of this section. The calculations	11436
under divisions (D) and (E) of this section shall separately	11437
display the levy loss for each levy eligible for reimbursement.	11438

(H) Not later than October 1, 2005, the tax commissioner	11439
shall certify the amount of the fixed-sum levy losses to the	11440
county auditor of each county in which a school district, joint	11441
vocational school district, or local taxing unit with a fixed-sum	11442
levy loss reimbursement has territory.	11443

(I) Not later than the twenty-eighth day of February each	11444
year beginning in 2011 and ending in 2014, the tax commissioner	11445
shall certify to the department of education for each school	11446
district first levying a tax under section 5705.219 of the Revised	11447
Code in the preceding year the revised fixed-rate levy losses	11448
determined under divisions (D) and (F) of this section.	11449

Sec. 6301.01. As used in this chapter:

11450

(A) "Local area" means any of the following:

11451

(1) A municipal corporation that is authorized to administer	11452
and enforce the "Workforce Investment Act of 1998," 112 Stat. 936,	11453
29 U.S.C.A. 2801, as amended, under this chapter and is not	11454
joining in partnership with any other political subdivisions in	11455
order to do so;	11456

(2) A single county;

11457

(3) A consortium of any of the following political	11458
subdivisions:	11459

(a) A group of two or more counties in the state;

11460

(b) One or more counties and one municipal corporation in the	11461
state;	11462

(c) One or more counties with or without one municipal	11463
corporation in the state and one or more counties with or without	11464
one municipal corporation in another state, on the condition that	11465
those in another state share a labor market area with those in the	11466
state.	11467

"Local area" does not mean a region for purposes of	11468
determinations concerning administrative incentives.	11469

(B) "Municipal corporation" means a municipal corporation	11470
that is eligible for automatic or temporary designation as a local	11471
workforce investment area pursuant to section 116(a)(2) or (3) of	11472
the "Workforce Investment Act of 1998," 112 Stat. 936, 29 U.S.C.A.	11473
2831(a)(2) or (3), but that does not request that the governor	11474
grant such automatic or temporary designation, and that instead	11475
elects to administer and enforce workforce development activities	11476
pursuant to this chapter.	11477

(C) "County" means a county that is eligible to be designated	11478
as a local workforce investment area pursuant to the "Workforce	11479
Investment Act of 1998," 112 Stat. 936, 29 U.S.C.A. 2801, as	11480
amended, but that does not request such designation, and instead	11481
elects to administer and enforce workforce development activities	11482
pursuant to this chapter.	11483

(D) "Workforce development agency" means the entity given	11484
responsibility for workforce development activities that is	11485
designated by the board of county commissioners in accordance with	11486
section 330.04 of the Revised Code, the chief elected official of	11487
a municipal corporation in accordance with section 763.05 of the	11488
Revised Code, or the chief elected officials of a local area	11489
defined in division (A)(3) of this section.	11490

(E) "Workforce development activity" means a program, grant,	11491
or other function, the primary goal of which is to do one or more	11492
of the following:	11493

(1) Help individuals maximize their employment opportunities;

11494

(2) Help employers gain access to skilled workers;

11495

(3) Help employers retain skilled workers;

11496

(4) Help develop or enhance the skills of incumbent workers;

11497

(5) Improve the quality of the state's workforce;

11498

(6) Enhance the productivity and competitiveness of the	11499
state's economy.	11500

(F) "Chief elected officials," when used in reference to a	11501
local area, means the board of county commissioners of the county	11502
or of each county in the local area or, if the county has adopted	11503
a charter under Section 3 of Article X, Ohio Constitution, the	11504
chief governing body of that county, and the chief elected	11505
official of the municipal corporation, if the local area includes	11506
a municipal corporation, except that when the local area is the	11507
type defined in division (A)(1) of this section, "chief elected	11508
officials" means the chief elected official of the municipal	11509
corporation.	11510

(G) "State board" means the state workforce policy board	11511
established by section 6301.04 of the Revised Code.	11512

(H) "Local board" means a local workforce policy board	11513
created pursuant to section 6301.06 of the Revised Code.	11514

Sec. 6301.02. The director of job and family services shall	11515
administer the "Workforce Investment Act of 1998," 112 Stat. 936,	11516
29 U.S.C.A. 2801, as amended, the "Wagner-Peyser Act," 48 Stat.	11517
113 (1933), 29 U.S.C.A. 49, as amended, and the funds received	11518
pursuant to those acts. In administering those acts and funds	11519
received pursuant to those acts, the director shall ~~establish and~~	11520
~~administer~~assist the state workforce policy board in establishing	11521
and administering a workforce development system that is designed	11522
to provide leadership, support, and oversight to locally designed	11523
workforce development ~~and family services~~ systems ~~and that~~	11524
~~provides the maximum amount of flexibility and authority to~~	11525
~~counties and municipal corporations, as permitted under the~~	11526
~~"Workforce Investment Act of 1998," 112 Stat. 936, 29 U.S.C.A.~~	11527
~~2801, as amended~~. The director shall conduct investigations and	11528
hold hearings as necessary for the administration of this chapter.	11529

To the extent permitted by state and federal law, the	11530
director may adopt rules pursuant to Chapter 119. of the Revised	11531
Code to establish any program or pilot program for the purposes of	11532
providing workforce development activities or family services to	11533
individuals who do not meet eligibility criteria for those	11534
activities or services under applicable federal law. Prior to the	11535
initiation of any program of that nature, the director of budget	11536
and management shall certify to the governor that sufficient funds	11537
are available to administer a program of that nature. The state	11538
board shall have final approval of any such program.	11539

Unless otherwise prohibited by state or federal law, every	11540
state agency, board, or commission shall provide to the state	11541
board and the director all information and assistance requested by	11542
the state board and the director in furtherance of workforce	11543
development activities.	11544

Sec. 6301.03. (A) In administering the "Workforce Investment	11545
Act of 1998," 112 Stat. 936, 29 U.S.C.A. 2801, as amended, the	11546
"Wagner-Peyser Act," 48 Stat. 113 (1933), 29 U.S.C.A. 49, as	11547
amended, the funds received pursuant to those acts, and the	11548
workforce development system, the director of job and family	11549
services may, at the direction of the state board, make	11550
allocations and payment of funds for the local administration of	11551
the workforce development activities established under this	11552
chapter. ~~Pursuant to the "Workforce Investment Act of 1998," 112~~	11553
~~Stat. 936, 29 U.S.C.A. 2801, as amended, the governor shall~~	11554
~~reserve not more than fifteen per cent of the amounts allocated to~~	11555
~~the state under Title I of that act for adults, dislocated~~	11556
~~workers, and youth for statewide activities, and not more than~~	11557
~~twenty-five per cent of funds allocated for dislocated workers~~	11558
~~under Title I of that act for statewide rapid response activities.~~	11559

(B) The director shall allocate to local areas all funds	11560
required to be allocated to local areas pursuant to the "Workforce	11561
Investment Act of 1998," 112 Stat. 936, 29 U.S.C.A. 2801, as	11562
amended. The director shall make allocations only with funds	11563
available. Local areas, as defined by either section 101 of the	11564
"Workforce Investment Act of 1998," 112 Stat. 936, 29 U.S.C.A.	11565
2801, as amended, or section 6301.01 of the Revised Code, and	11566
subrecipients of a local area shall establish a workforce	11567
development fund and the entity receiving funds shall deposit all	11568
funds received under this section into the workforce development	11569
fund. All expenditures for activities funded under this section	11570
shall be made from the workforce development fund, including	11571
reimbursements to a county public assistance fund for expenditures	11572
made for activities funded under this section.	11573

(C) The use of funds, reporting requirements, and other	11574
administrative and operational requirements governing the use of	11575
funds received by the director pursuant to this section shall be	11576
governed by internal management rules adopted by ~~the director~~and	11577
approved by the state board pursuant to section 111.15 of the	11578
Revised Code.	11579

(D) To the extent permitted by state or federal law, the	11580
state board, director, local areas, counties, and municipal	11581
corporations authorized to administer workforce development	11582
activities may assess a fee for specialized services requested by	11583
an employer. The director shall adopt rules pursuant to Chapter	11584
119. of the Revised Code governing the nature and amount of those	11585
types of fees.	11586

Sec. 6301.04. The governor shall establish a state workforce	11587
policy board and appoint members to the board, who serve at the	11588
governor's pleasure, to perform duties under the "Workforce	11589
Investment Act of 1998," 112 Stat. 936, 29 U.S.C.A. 2801, as	11590
amended, as authorized by the governor. The board is not subject	11591
to sections 101.82 to 101.87 of the Revised Code. ~~The director of~~	11592
~~job and family services may~~All state agencies engaged in	11593
workforce development activities shall assist the board in the	11594
performance of its duties.	11595

(A)(1) The governor shall designate nine members of the board	11596
to be voting members. All other members shall be ex officio,	11597
nonvoting members.	11598

(2) The governor shall choose the voting members in a way	11599
that a majority of the voting board members represent business	11600
interests.	11601

(B) The board shall have the power and authority to do all of	11602
the following:	11603

(1) Provide oversight and policy direction to ensure that the	11604
state workforce development activities are aligned and serving the	11605
needs of the state's employers, incumbent workers, and job	11606
seekers;	11607

(2) Adopt rules necessary to administer state workforce	11608
development activities;	11609

(3) Adopt rules necessary for the auditing and monitoring of	11610
subrecipients of the workforce development system grant funds;	11611

(4) Designate local workforce investment areas in accordance	11612
with 29 U.S.C. 2831;	11613

(5) Develop a unified budget for all state and federal	11614
workforce funds;	11615

(6) Establish a statewide employment and data collection	11616
system;	11617

(7) Develop statewide performance measures for workforce	11618
development and investment;	11619

(8) Develop a state workforce development plan;

11620

(9) Prepare the annual report to the United States secretary	11621
of labor, pursuant to section 136(d) of the "Workforce Investment	11622
Act of 1998," 112 Stat. 936, 29 U.S.C. 2871, as amended;	11623

(10) Carry out any additional functions, duties, or	11624
responsibilities assigned to the board by the governor.	11625

Sec. 6301.07. (A) For purposes of this section, "performance	11626
character" means the career-essential relational attributes that	11627
build trust with others, including respect, honesty, integrity,	11628
task-excellence, responsibility, and resilience.	11629

(B) Every local workforce policy board, under the direction	11630
and approval of the state workforce policy board and with the	11631
agreement of the chief elected officials of the local area, and	11632
after holding public hearings that allow public comment and	11633
testimony, shall prepare a workforce development plan. The plan	11634
shall accomplish all of the following:	11635

(1) Identify the workforce investment needs of businesses in	11636
the local area, identify projected employment opportunities, and	11637
identify the job skills and performance character necessary to	11638
obtain and succeed in those opportunities;	11639

(2) Identify the local area's workforce development needs for	11640
youth, dislocated workers, adults, displaced homemakers, incumbent	11641
workers, and any other group of workers identified by the local	11642
workforce policy board;	11643

(3) Determine the distribution of workforce development	11644
resources and funding to be distributed for each workforce	11645
development activity to meet the identified needs, utilizing the	11646
funds allocated pursuant to the "Workforce Investment Act of	11647
1998," 112 Stat. 936, 29 U.S.C.A. 2801, as amended;	11648

(4) Give priority to youth receiving independent living	11649
services pursuant to sections 2151.81 to 2151.84 of the Revised	11650
Code when determining distribution of workforce development	11651
resources and workforce development activity funding;	11652

(5) Review the minimum curriculum required by the state	11653
workforce policy board for certifying training providers and	11654
identify any additional curriculum requirements to include in	11655
contracts between the training providers and the chief elected	11656
officials of the local area;	11657

(6) Establish performance standards for service providers	11658
that reflect local workforce development needs;	11659

(7) Describe any other information the chief elected	11660
officials of the local area require.	11661

~~(B)~~(C) A local workforce policy board may provide policy	11662
guidance and recommendations to the chief elected officials of a	11663
local area for any workforce development activities.	11664

~~(C)~~(D) Nothing in this section prohibits the chief elected	11665
officials of a local area from assigning, through a partnership	11666
agreement, any duties in addition to the duties under this section	11667
to a local workforce policy board, except that a local workforce	11668
policy board cannot contract with itself for the direct provision	11669
of services in its local area. A local workforce policy board may	11670
consult with the chief elected officials of its local area and	11671
make recommendations regarding the workforce development	11672
activities provided in its local area at any time.	11673

Sec. 6301.08. Every local area shall participate in a	11674
one-stop system for workforce development activities. Each board	11675
of county commissioners and the chief elected official of a	11676
municipal corporation shall ensure that at least one ~~physical~~	11677
~~location~~delivery method is available in the local area, either	11678
through a physical location, or by electronic means approved by	11679
the state board, for the provision of workforce development	11680
activities.	11681

A one-stop system may be operated by a private entity or a	11682
public agency, including a workforce development agency, any	11683
existing facility or organization that is established to	11684
administer workforce development activities in the local area, and	11685
a county family services agency.	11686

A one-stop system shall include representatives of all the	11687
partners required under the "Workforce Investment Act of 1998,"	11688
112 Stat. 936, 29 U.S.C.A. 2801, as amended. ~~Additionally, at~~	11689
~~least one representative from a county department of job and~~	11690
~~family services shall staff a one-stop system to represent all of~~	11691
~~the county family services agencies within the local area.~~	11692

Sec. 6301.10. Beginning January 1, ~~2001~~2013, and each	11693
calendar ~~quarter~~year thereafter, the ~~director of job and family~~	11694
~~services~~state board, with the assistance of all state agencies	11695
engaged in workforce development activities, shall prepare a	11696
report concerning the state of Ohio's workforce. The ~~director~~	11697
state board shall distribute the report to the president and	11698
minority leader of the senate, the speaker and minority leader of	11699
the house of representatives, ~~the state workforce policy board,~~	11700
the governor's office of Appalachian Ohio, the commission on	11701
Hispanic-Latino affairs, and the commission on African-American	11702
males.	11703

Section 101.02. That existing sections 124.38, 3301.04,	11704
3301.079, 3301.0710, 3301.0712, 3301.0714, 3301.0715, 3301.0723,	11705
3301.52, 3301.53, 3301.58, 3301.90, 3301.922, 3302.03, 3302.032,	11706
3302.042, 3302.12, 3302.20, 3302.21, 3302.25, 3310.03, 3310.08,	11707
3310.15, 3313.37, 3313.41, 3313.411, 3313.608, 3313.609,	11708
3313.6013, 3313.674, 3313.813, 3313.816, 3313.842, 3313.843,	11709
3313.845, 3313.978, 3314.015, 3314.016, 3314.02, 3314.029,	11710
3314.03, 3314.06, 3314.08, 3314.17, 3314.18, 3314.35, 3314.36,	11711
3317.01, 3317.11, 3318.034, 3318.36, 3318.37, 3318.371, 3318.70,	11712
3319.02, 3319.06, 3319.11, 3319.111, 3319.112, 3319.58, 3321.01,	11713
3323.011, 3323.052, 3323.19, 3326.03, 3326.04, 3326.10, 3326.11,	11714
3326.17, 3326.21, 3328.15, 3328.24, 3333.0411, 4139.01, 4139.03,	11715
4139.04, 4139.05, 4141.01, 4141.29, 4301.20, 5104.01, 5104.011,	11716
5104.02, 5104.21, 5104.30, 5104.31, 5104.34, 5104.38, 5709.83,	11717
5751.20, 6301.01, 6301.02, 6301.03, 6301.04, 6301.07, 6301.08, and	11718
6301.10 of the Revised Code are hereby repealed.	11719

Section 105.01. That section 3319.19 of the Revised Code is	11720
hereby repealed.	11721

Section 120.01. That sections 109.57, 2151.011, 2919.227,	11722
2923.124, 2923.126, 2923.1212, 2950.11, 2950.13, 3109.051,	11723
3701.63, 3737.22, 3742.01, 3797.06, 4511.81, 5101.29, 5103.03,	11724
5104.01, 5104.011, 5104.012, 5104.013, 5104.015, 5104.022,	11725
5104.03, 5104.04, 5104.041, 5104.052, 5104.053, 5104.054, 5104.06,	11726
5104.08, 5104.09, 5104.13, 5104.30, 5104.31, 5104.32, 5104.35,	11727
5104.36, 5104.38, 5107.60, and 5153.175 be amended, sections	11728
5104.011 (5104.015), 5104.015 (5104.25), 5104.031 (5104.035),	11729
5104.032 (5104.036), and 5104.033 (5104.037) be amended for the	11730
purpose of adopting new section numbers as indicated in	11731
parentheses, and new sections 5104.032 and 5104.033 and sections	11732
5104.016, 5104.017, 5104.018, 5104.019, 5104.0110, 5104.0111,	11733
5104.0112, 5104.034, 5104.038, 5104.039, and 5104.14 of the	11734
Revised Code be enacted to read as follows:	11735

Sec. 109.57. (A)(1) The superintendent of the bureau of	11736
criminal identification and investigation shall procure from	11737
wherever procurable and file for record photographs, pictures,	11738
descriptions, fingerprints, measurements, and other information	11739
that may be pertinent of all persons who have been convicted of	11740
committing within this state a felony, any crime constituting a	11741
misdemeanor on the first offense and a felony on subsequent	11742
offenses, or any misdemeanor described in division (A)(1)(a),	11743
(A)(8)(a), or (A)(10)(a) of section 109.572 of the Revised Code,	11744
of all children under eighteen years of age who have been	11745
adjudicated delinquent children for committing within this state	11746
an act that would be a felony or an offense of violence if	11747
committed by an adult or who have been convicted of or pleaded	11748
guilty to committing within this state a felony or an offense of	11749
violence, and of all well-known and habitual criminals. The person	11750
in charge of any county, multicounty, municipal, municipal-county,	11751
or multicounty-municipal jail or workhouse, community-based	11752
correctional facility, halfway house, alternative residential	11753
facility, or state correctional institution and the person in	11754
charge of any state institution having custody of a person	11755
suspected of having committed a felony, any crime constituting a	11756
misdemeanor on the first offense and a felony on subsequent	11757
offenses, or any misdemeanor described in division (A)(1)(a),	11758
(A)(8)(a), or (A)(10)(a) of section 109.572 of the Revised Code or	11759
having custody of a child under eighteen years of age with respect	11760
to whom there is probable cause to believe that the child may have	11761
committed an act that would be a felony or an offense of violence	11762
if committed by an adult shall furnish such material to the	11763
superintendent of the bureau. Fingerprints, photographs, or other	11764
descriptive information of a child who is under eighteen years of	11765
age, has not been arrested or otherwise taken into custody for	11766
committing an act that would be a felony or an offense of violence	11767
who is not in any other category of child specified in this	11768
division, if committed by an adult, has not been adjudicated a	11769
delinquent child for committing an act that would be a felony or	11770
an offense of violence if committed by an adult, has not been	11771
convicted of or pleaded guilty to committing a felony or an	11772
offense of violence, and is not a child with respect to whom there	11773
is probable cause to believe that the child may have committed an	11774
act that would be a felony or an offense of violence if committed	11775
by an adult shall not be procured by the superintendent or	11776
furnished by any person in charge of any county, multicounty,	11777
municipal, municipal-county, or multicounty-municipal jail or	11778
workhouse, community-based correctional facility, halfway house,	11779
alternative residential facility, or state correctional	11780
institution, except as authorized in section 2151.313 of the	11781
Revised Code.	11782

(2) Every clerk of a court of record in this state, other	11783
than the supreme court or a court of appeals, shall send to the	11784
superintendent of the bureau a weekly report containing a summary	11785
of each case involving a felony, involving any crime constituting	11786
a misdemeanor on the first offense and a felony on subsequent	11787
offenses, involving a misdemeanor described in division (A)(1)(a),	11788
(A)(8)(a), or (A)(10)(a) of section 109.572 of the Revised Code,	11789
or involving an adjudication in a case in which a child under	11790
eighteen years of age was alleged to be a delinquent child for	11791
committing an act that would be a felony or an offense of violence	11792
if committed by an adult. The clerk of the court of common pleas	11793
shall include in the report and summary the clerk sends under this	11794
division all information described in divisions (A)(2)(a) to (f)	11795
of this section regarding a case before the court of appeals that	11796
is served by that clerk. The summary shall be written on the	11797
standard forms furnished by the superintendent pursuant to	11798
division (B) of this section and shall include the following	11799
information:	11800

(a) The incident tracking number contained on the standard	11801
forms furnished by the superintendent pursuant to division (B) of	11802
this section;	11803

(b) The style and number of the case;

11804

11805

(d) The date that the person was convicted of or pleaded	11806
guilty to the offense, adjudicated a delinquent child for	11807
committing the act that would be a felony or an offense of	11808
violence if committed by an adult, found not guilty of the	11809
offense, or found not to be a delinquent child for committing an	11810
act that would be a felony or an offense of violence if committed	11811
by an adult, the date of an entry dismissing the charge, an entry	11812
declaring a mistrial of the offense in which the person is	11813
discharged, an entry finding that the person or child is not	11814
competent to stand trial, or an entry of a nolle prosequi, or the	11815
date of any other determination that constitutes final resolution	11816
of the case;	11817

(e) A statement of the original charge with the section of	11818
the Revised Code that was alleged to be violated;	11819

(f) If the person or child was convicted, pleaded guilty, or	11820
was adjudicated a delinquent child, the sentence or terms of	11821
probation imposed or any other disposition of the offender or the	11822
delinquent child.	11823

If the offense involved the disarming of a law enforcement	11824
officer or an attempt to disarm a law enforcement officer, the	11825
clerk shall clearly state that fact in the summary, and the	11826
superintendent shall ensure that a clear statement of that fact is	11827
placed in the bureau's records.	11828

(3) The superintendent shall cooperate with and assist	11829
sheriffs, chiefs of police, and other law enforcement officers in	11830
the establishment of a complete system of criminal identification	11831
and in obtaining fingerprints and other means of identification of	11832
all persons arrested on a charge of a felony, any crime	11833
constituting a misdemeanor on the first offense and a felony on	11834
subsequent offenses, or a misdemeanor described in division	11835
(A)(1)(a), (A)(8)(a), or (A)(10)(a) of section 109.572 of the	11836
Revised Code and of all children under eighteen years of age	11837
arrested or otherwise taken into custody for committing an act	11838
that would be a felony or an offense of violence if committed by	11839
an adult. The superintendent also shall file for record the	11840
fingerprint impressions of all persons confined in a county,	11841
multicounty, municipal, municipal-county, or multicounty-municipal	11842
jail or workhouse, community-based correctional facility, halfway	11843
house, alternative residential facility, or state correctional	11844
institution for the violation of state laws and of all children	11845
under eighteen years of age who are confined in a county,	11846
multicounty, municipal, municipal-county, or multicounty-municipal	11847
jail or workhouse, community-based correctional facility, halfway	11848
house, alternative residential facility, or state correctional	11849
institution or in any facility for delinquent children for	11850
committing an act that would be a felony or an offense of violence	11851
if committed by an adult, and any other information that the	11852
superintendent may receive from law enforcement officials of the	11853
state and its political subdivisions.	11854

(4) The superintendent shall carry out Chapter 2950. of the	11855
Revised Code with respect to the registration of persons who are	11856
convicted of or plead guilty to a sexually oriented offense or a	11857
child-victim oriented offense and with respect to all other duties	11858
imposed on the bureau under that chapter.	11859

(5) The bureau shall perform centralized recordkeeping	11860
functions for criminal history records and services in this state	11861
for purposes of the national crime prevention and privacy compact	11862
set forth in section 109.571 of the Revised Code and is the	11863
criminal history record repository as defined in that section for	11864
purposes of that compact. The superintendent or the	11865
superintendent's designee is the compact officer for purposes of	11866
that compact and shall carry out the responsibilities of the	11867
compact officer specified in that compact.	11868

(B) The superintendent shall prepare and furnish to every	11869
county, multicounty, municipal, municipal-county, or	11870
multicounty-municipal jail or workhouse, community-based	11871
correctional facility, halfway house, alternative residential	11872
facility, or state correctional institution and to every clerk of	11873
a court in this state specified in division (A)(2) of this section	11874
standard forms for reporting the information required under	11875
division (A) of this section. The standard forms that the	11876
superintendent prepares pursuant to this division may be in a	11877
tangible format, in an electronic format, or in both tangible	11878
formats and electronic formats.	11879

(C)(1) The superintendent may operate a center for	11880
electronic, automated, or other data processing for the storage	11881
and retrieval of information, data, and statistics pertaining to	11882
criminals and to children under eighteen years of age who are	11883
adjudicated delinquent children for committing an act that would	11884
be a felony or an offense of violence if committed by an adult,	11885
criminal activity, crime prevention, law enforcement, and criminal	11886
justice, and may establish and operate a statewide communications	11887
network to be known as the Ohio law enforcement gateway to gather	11888
and disseminate information, data, and statistics for the use of	11889
law enforcement agencies and for other uses specified in this	11890
division. The superintendent may gather, store, retrieve, and	11891
disseminate information, data, and statistics that pertain to	11892
children who are under eighteen years of age and that are gathered	11893
pursuant to sections 109.57 to 109.61 of the Revised Code together	11894
with information, data, and statistics that pertain to adults and	11895
that are gathered pursuant to those sections.	11896

(2) The superintendent or the superintendent's designee shall	11897
gather information of the nature described in division (C)(1) of	11898
this section that pertains to the offense and delinquency history	11899
of a person who has been convicted of, pleaded guilty to, or been	11900
adjudicated a delinquent child for committing a sexually oriented	11901
offense or a child-victim oriented offense for inclusion in the	11902
state registry of sex offenders and child-victim offenders	11903
maintained pursuant to division (A)(1) of section 2950.13 of the	11904
Revised Code and in the internet database operated pursuant to	11905
division (A)(13) of that section and for possible inclusion in the	11906
internet database operated pursuant to division (A)(11) of that	11907
section.	11908

(3) In addition to any other authorized use of information,	11909
data, and statistics of the nature described in division (C)(1) of	11910
this section, the superintendent or the superintendent's designee	11911
may provide and exchange the information, data, and statistics	11912
pursuant to the national crime prevention and privacy compact as	11913
described in division (A)(5) of this section.	11914

(4) The attorney general may adopt rules under Chapter 119.	11915
of the Revised Code establishing guidelines for the operation of	11916
and participation in the Ohio law enforcement gateway. The rules	11917
may include criteria for granting and restricting access to	11918
information gathered and disseminated through the Ohio law	11919
enforcement gateway. The attorney general shall permit the state	11920
medical board and board of nursing to access and view, but not	11921
alter, information gathered and disseminated through the Ohio law	11922
enforcement gateway.	11923

The attorney general may appoint a steering committee to	11924
advise the attorney general in the operation of the Ohio law	11925
enforcement gateway that is comprised of persons who are	11926
representatives of the criminal justice agencies in this state	11927
that use the Ohio law enforcement gateway and is chaired by the	11928
superintendent or the superintendent's designee.	11929

(D)(1) The following are not public records under section	11930
149.43 of the Revised Code:	11931

(a) Information and materials furnished to the superintendent	11932
pursuant to division (A) of this section;	11933

(b) Information, data, and statistics gathered or	11934
disseminated through the Ohio law enforcement gateway pursuant to	11935
division (C)(1) of this section;	11936

(c) Information and materials furnished to any board or	11937
person under division (F) or (G) of this section.	11938

(2) The superintendent or the superintendent's designee shall	11939
gather and retain information so furnished under division (A) of	11940
this section that pertains to the offense and delinquency history	11941
of a person who has been convicted of, pleaded guilty to, or been	11942
adjudicated a delinquent child for committing a sexually oriented	11943
offense or a child-victim oriented offense for the purposes	11944
described in division (C)(2) of this section.	11945

(E) The attorney general shall adopt rules, in accordance	11946
with Chapter 119. of the Revised Code, setting forth the procedure	11947
by which a person may receive or release information gathered by	11948
the superintendent pursuant to division (A) of this section. A	11949
reasonable fee may be charged for this service. If a temporary	11950
employment service submits a request for a determination of	11951
whether a person the service plans to refer to an employment	11952
position has been convicted of or pleaded guilty to an offense	11953
listed in division (A)(1), (3), (4), (5), or (6) of section	11954
109.572 of the Revised Code, the request shall be treated as a	11955
single request and only one fee shall be charged.	11956

(F)(1) As used in division (F)(2) of this section, "head	11957
start agency" means an entity in this state that has been approved	11958
to be an agency for purposes of subchapter II of the "Community	11959
Economic Development Act," 95 Stat. 489 (1981), 42 U.S.C.A. 9831,	11960
as amended.	11961

(2)(a) In addition to or in conjunction with any request that	11962
is required to be made under section 109.572, 2151.86, 3301.32,	11963
3301.541, division (C) of section 3310.58, or section 3319.39,	11964
3319.391, 3327.10, 3701.881, 5104.012, 5104.013, 5123.081,	11965
5126.28, 5126.281, or 5153.111 of the Revised Code or that is made	11966
under section 3314.41, 3319.392, 3326.25, or 3328.20 of the	11967
Revised Code, the board of education of any school district; the	11968
director of developmental disabilities; any county board of	11969
developmental disabilities; any entity under contract with a	11970
county board of developmental disabilities; the chief	11971
administrator of any chartered nonpublic school; the chief	11972
administrator of a registered private provider that is not also a	11973
chartered nonpublic school; the chief administrator of any home	11974
health agency; the chief administrator of or person operating any	11975
child day-care center, type A family day-care home, or type B	11976
family day-care home licensed ~~or certified~~ under Chapter 5104. of	11977
the Revised Code; ~~the administrator of any type C family day-care~~	11978
~~home certified pursuant to Section 1 of Sub. H.B. 62 of the 121st~~	11979
~~general assembly or Section 5 of Am. Sub. S.B. 160 of the 121st~~	11980
~~general assembly;~~ the chief administrator of any head start	11981
agency; the executive director of a public children services	11982
agency; a private company described in section 3314.41, 3319.392,	11983
3326.25, or 3328.20 of the Revised Code; or an employer described	11984
in division (J)(2) of section 3327.10 of the Revised Code may	11985
request that the superintendent of the bureau investigate and	11986
determine, with respect to any individual who has applied for	11987
employment in any position after October 2, 1989, or any	11988
individual wishing to apply for employment with a board of	11989
education may request, with regard to the individual, whether the	11990
bureau has any information gathered under division (A) of this	11991
section that pertains to that individual. On receipt of the	11992
request, the superintendent shall determine whether that	11993
information exists and, upon request of the person, board, or	11994
entity requesting information, also shall request from the federal	11995
bureau of investigation any criminal records it has pertaining to	11996
that individual. The superintendent or the superintendent's	11997
designee also may request criminal history records from other	11998
states or the federal government pursuant to the national crime	11999
prevention and privacy compact set forth in section 109.571 of the	12000
Revised Code. Within thirty days of the date that the	12001
superintendent receives a request, the superintendent shall send	12002
to the board, entity, or person a report of any information that	12003
the superintendent determines exists, including information	12004
contained in records that have been sealed under section 2953.32	12005
of the Revised Code, and, within thirty days of its receipt, shall	12006
send the board, entity, or person a report of any information	12007
received from the federal bureau of investigation, other than	12008
information the dissemination of which is prohibited by federal	12009
law.	12010

(b) When a board of education or a registered private	12011
provider is required to receive information under this section as	12012
a prerequisite to employment of an individual pursuant to division	12013
(C) of section 3310.58 or section 3319.39 of the Revised Code, it	12014
may accept a certified copy of records that were issued by the	12015
bureau of criminal identification and investigation and that are	12016
presented by an individual applying for employment with the	12017
district in lieu of requesting that information itself. In such a	12018
case, the board shall accept the certified copy issued by the	12019
bureau in order to make a photocopy of it for that individual's	12020
employment application documents and shall return the certified	12021
copy to the individual. In a case of that nature, a district or	12022
provider only shall accept a certified copy of records of that	12023
nature within one year after the date of their issuance by the	12024
bureau.	12025

(c) Notwithstanding division (F)(2)(a) of this section, in	12026
the case of a request under section 3319.39, 3319.391, or 3327.10	12027
of the Revised Code only for criminal records maintained by the	12028
federal bureau of investigation, the superintendent shall not	12029
determine whether any information gathered under division (A) of	12030
this section exists on the person for whom the request is made.	12031

(3) The state board of education may request, with respect to	12032
any individual who has applied for employment after October 2,	12033
1989, in any position with the state board or the department of	12034
education, any information that a school district board of	12035
education is authorized to request under division (F)(2) of this	12036
section, and the superintendent of the bureau shall proceed as if	12037
the request has been received from a school district board of	12038
education under division (F)(2) of this section.	12039

(4) When the superintendent of the bureau receives a request	12040
for information under section 3319.291 of the Revised Code, the	12041
superintendent shall proceed as if the request has been received	12042
from a school district board of education and shall comply with	12043
divisions (F)(2)(a) and (c) of this section.	12044

(5) When a recipient of a classroom reading improvement grant	12045
paid under section 3301.86 of the Revised Code requests, with	12046
respect to any individual who applies to participate in providing	12047
any program or service funded in whole or in part by the grant,	12048
the information that a school district board of education is	12049
authorized to request under division (F)(2)(a) of this section,	12050
the superintendent of the bureau shall proceed as if the request	12051
has been received from a school district board of education under	12052
division (F)(2)(a) of this section.	12053

(G) In addition to or in conjunction with any request that is	12054
required to be made under section 3701.881, 3712.09, 3721.121,	12055
5119.693, or 5119.85 of the Revised Code with respect to an	12056
individual who has applied for employment in a position that	12057
involves providing direct care to an older adult or adult	12058
resident, the chief administrator of a home health agency, hospice	12059
care program, home licensed under Chapter 3721. of the Revised	12060
Code, adult day-care program operated pursuant to rules adopted	12061
under section 3721.04 of the Revised Code, adult foster home, or	12062
adult care facility may request that the superintendent of the	12063
bureau investigate and determine, with respect to any individual	12064
who has applied after January 27, 1997, for employment in a	12065
position that does not involve providing direct care to an older	12066
adult or adult resident, whether the bureau has any information	12067
gathered under division (A) of this section that pertains to that	12068
individual.	12069

In addition to or in conjunction with any request that is	12070
required to be made under section 173.27 of the Revised Code with	12071
respect to an individual who has applied for employment in a	12072
position that involves providing ombudsperson services to	12073
residents of long-term care facilities or recipients of	12074
community-based long-term care services, the state long-term care	12075
ombudsperson, ombudsperson's designee, or director of health may	12076
request that the superintendent investigate and determine, with	12077
respect to any individual who has applied for employment in a	12078
position that does not involve providing such ombudsperson	12079
services, whether the bureau has any information gathered under	12080
division (A) of this section that pertains to that applicant.	12081

In addition to or in conjunction with any request that is	12082
required to be made under section 173.394 of the Revised Code with	12083
respect to an individual who has applied for employment in a	12084
position that involves providing direct care to an individual, the	12085
chief administrator of a community-based long-term care agency may	12086
request that the superintendent investigate and determine, with	12087
respect to any individual who has applied for employment in a	12088
position that does not involve providing direct care, whether the	12089
bureau has any information gathered under division (A) of this	12090
section that pertains to that applicant.	12091

On receipt of a request under this division, the	12092
superintendent shall determine whether that information exists	12093
and, on request of the individual requesting information, shall	12094
also request from the federal bureau of investigation any criminal	12095
records it has pertaining to the applicant. The superintendent or	12096
the superintendent's designee also may request criminal history	12097
records from other states or the federal government pursuant to	12098
the national crime prevention and privacy compact set forth in	12099
section 109.571 of the Revised Code. Within thirty days of the	12100
date a request is received, the superintendent shall send to the	12101
requester a report of any information determined to exist,	12102
including information contained in records that have been sealed	12103
under section 2953.32 of the Revised Code, and, within thirty days	12104
of its receipt, shall send the requester a report of any	12105
information received from the federal bureau of investigation,	12106
other than information the dissemination of which is prohibited by	12107
federal law.	12108

(H) Information obtained by a government entity or person	12109
under this section is confidential and shall not be released or	12110
disseminated.	12111

(I) The superintendent may charge a reasonable fee for	12112
providing information or criminal records under division (F)(2) or	12113
(G) of this section.	12114

(J) As used in this section:

12115

(1) "Sexually oriented offense" and "child-victim oriented	12116
offense" have the same meanings as in section 2950.01 of the	12117
Revised Code.	12118

(2) "Registered private provider" means a nonpublic school or	12119
entity registered with the superintendent of public instruction	12120
under section 3310.41 of the Revised Code to participate in the	12121
autism scholarship program or section 3310.58 of the Revised Code	12122
to participate in the Jon Peterson special needs scholarship	12123
program.	12124

Sec. 2151.011. (A) As used in the Revised Code:

12125

(1) "Juvenile court" means whichever of the following is	12126
applicable that has jurisdiction under this chapter and Chapter	12127
2152. of the Revised Code:	12128

(a) The division of the court of common pleas specified in	12129
section 2101.022 or 2301.03 of the Revised Code as having	12130
jurisdiction under this chapter and Chapter 2152. of the Revised	12131
Code or as being the juvenile division or the juvenile division	12132
combined with one or more other divisions;	12133

(b) The juvenile court of Cuyahoga county or Hamilton county	12134
that is separately and independently created by section 2151.08 or	12135
Chapter 2153. of the Revised Code and that has jurisdiction under	12136
this chapter and Chapter 2152. of the Revised Code;	12137

(c) If division (A)(1)(a) or (b) of this section does not	12138
apply, the probate division of the court of common pleas.	12139

(2) "Juvenile judge" means a judge of a court having	12140
jurisdiction under this chapter.	12141

(3) "Private child placing agency" means any association, as	12142
defined in section 5103.02 of the Revised Code, that is certified	12143
under section 5103.03 of the Revised Code to accept temporary,	12144
permanent, or legal custody of children and place the children for	12145
either foster care or adoption.	12146

(4) "Private noncustodial agency" means any person,	12147
organization, association, or society certified by the department	12148
of job and family services that does not accept temporary or	12149
permanent legal custody of children, that is privately operated in	12150
this state, and that does one or more of the following:	12151

(a) Receives and cares for children for two or more	12152
consecutive weeks;	12153

(b) Participates in the placement of children in certified	12154
foster homes;	12155

(c) Provides adoption services in conjunction with a public	12156
children services agency or private child placing agency.	12157

(B) As used in this chapter:

12158

(1) "Adequate parental care" means the provision by a child's	12159
parent or parents, guardian, or custodian of adequate food,	12160
clothing, and shelter to ensure the child's health and physical	12161
safety and the provision by a child's parent or parents of	12162
specialized services warranted by the child's physical or mental	12163
needs.	12164

(2) "Adult" means an individual who is eighteen years of age	12165
or older.	12166

(3) "Agreement for temporary custody" means a voluntary	12167
agreement authorized by section 5103.15 of the Revised Code that	12168
transfers the temporary custody of a child to a public children	12169
services agency or a private child placing agency.	12170

(4) "Alternative response" means the public children services	12171
agency's response to a report of child abuse or neglect that	12172
engages the family in a comprehensive evaluation of child safety,	12173
risk of subsequent harm, and family strengths and needs and that	12174
does not include a determination as to whether child abuse or	12175
neglect occurred.	12176

(5) "Certified foster home" means a foster home, as defined	12177
in section 5103.02 of the Revised Code, certified under section	12178
5103.03 of the Revised Code.	12179

(6) "Child" means a person who is under eighteen years of	12180
age, except that the juvenile court has jurisdiction over any	12181
person who is adjudicated an unruly child prior to attaining	12182
eighteen years of age until the person attains twenty-one years of	12183
age, and, for purposes of that jurisdiction related to that	12184
adjudication, a person who is so adjudicated an unruly child shall	12185
be deemed a "child" until the person attains twenty-one years of	12186
age.	12187

(7) "Child day camp," "child care," "child day-care center,"	12188
"part-time child day-care center," "type A family day-care home,"	12189
"~~certified~~licensed type B family day-care home," "type B family	12190
day-care home," "administrator of a child day-care center,"	12191
"administrator of a type A family day-care home," and "in-home	12192
aide," ~~and "authorized provider"~~ have the same meanings as in	12193
section 5104.01 of the Revised Code.	12194

(8) "Child care provider" means an individual who is a	12195
child-care staff member or administrator of a child day-care	12196
center, a type A family day-care home, or a type B family day-care	12197
home, or an in-home aide or an individual who is licensed, is	12198
regulated, is approved, operates under the direction of, or	12199
otherwise is certified by the department of job and family	12200
services, department of developmental disabilities, or the early	12201
childhood programs of the department of education.	12202

(9) "Chronic truant" has the same meaning as in section	12203
2152.02 of the Revised Code.	12204

(10) "Commit" means to vest custody as ordered by the court.

12205

(11) "Counseling" includes both of the following:

12206

(a) General counseling services performed by a public	12207
children services agency or shelter for victims of domestic	12208
violence to assist a child, a child's parents, and a child's	12209
siblings in alleviating identified problems that may cause or have	12210
caused the child to be an abused, neglected, or dependent child.	12211

(b) Psychiatric or psychological therapeutic counseling	12212
services provided to correct or alleviate any mental or emotional	12213
illness or disorder and performed by a licensed psychiatrist,	12214
licensed psychologist, or a person licensed under Chapter 4757. of	12215
the Revised Code to engage in social work or professional	12216
counseling.	12217

(12) "Custodian" means a person who has legal custody of a	12218
child or a public children services agency or private child	12219
placing agency that has permanent, temporary, or legal custody of	12220
a child.	12221

(13) "Delinquent child" has the same meaning as in section	12222
2152.02 of the Revised Code.	12223

(14) "Detention" means the temporary care of children pending	12224
court adjudication or disposition, or execution of a court order,	12225
in a public or private facility designed to physically restrict	12226
the movement and activities of children.	12227

(15) "Developmental disability" has the same meaning as in	12228
section 5123.01 of the Revised Code.	12229

(16) "Differential response approach" means an approach that	12230
a public children services agency may use to respond to accepted	12231
reports of child abuse or neglect with either an alternative	12232
response or a traditional response.	12233

(17) "Foster caregiver" has the same meaning as in section	12234
5103.02 of the Revised Code.	12235

(18) "Guardian" means a person, association, or corporation	12236
that is granted authority by a probate court pursuant to Chapter	12237
2111. of the Revised Code to exercise parental rights over a child	12238
to the extent provided in the court's order and subject to the	12239
residual parental rights of the child's parents.	12240

(19) "Habitual truant" means any child of compulsory school	12241
age who is absent without legitimate excuse for absence from the	12242
public school the child is supposed to attend for five or more	12243
consecutive school days, seven or more school days in one school	12244
month, or twelve or more school days in a school year.	12245

(20) "Juvenile traffic offender" has the same meaning as in	12246
section 2152.02 of the Revised Code.	12247

(21) "Legal custody" means a legal status that vests in the	12248
custodian the right to have physical care and control of the child	12249
and to determine where and with whom the child shall live, and the	12250
right and duty to protect, train, and discipline the child and to	12251
provide the child with food, shelter, education, and medical care,	12252
all subject to any residual parental rights, privileges, and	12253
responsibilities. An individual granted legal custody shall	12254
exercise the rights and responsibilities personally unless	12255
otherwise authorized by any section of the Revised Code or by the	12256
court.	12257

(22) A "legitimate excuse for absence from the public school	12258
the child is supposed to attend" includes, but is not limited to,	12259
any of the following:	12260

(a) The fact that the child in question has enrolled in and	12261
is attending another public or nonpublic school in this or another	12262
state;	12263

(b) The fact that the child in question is excused from	12264
attendance at school for any of the reasons specified in section	12265
3321.04 of the Revised Code;	12266

(c) The fact that the child in question has received an age	12267
and schooling certificate in accordance with section 3331.01 of	12268
the Revised Code.	12269

(23) "Mental illness" and "mentally ill person subject to	12270
hospitalization by court order" have the same meanings as in	12271
section 5122.01 of the Revised Code.	12272

(24) "Mental injury" means any behavioral, cognitive,	12273
emotional, or mental disorder in a child caused by an act or	12274
omission that is described in section 2919.22 of the Revised Code	12275
and is committed by the parent or other person responsible for the	12276
child's care.	12277

(25) "Mentally retarded person" has the same meaning as in	12278
section 5123.01 of the Revised Code.	12279

(26) "Nonsecure care, supervision, or training" means care,	12280
supervision, or training of a child in a facility that does not	12281
confine or prevent movement of the child within the facility or	12282
from the facility.	12283

(27) "Of compulsory school age" has the same meaning as in	12284
section 3321.01 of the Revised Code.	12285

(28) "Organization" means any institution, public,	12286
semipublic, or private, and any private association, society, or	12287
agency located or operating in the state, incorporated or	12288
unincorporated, having among its functions the furnishing of	12289
protective services or care for children, or the placement of	12290
children in certified foster homes or elsewhere.	12291

(29) "Out-of-home care" means detention facilities, shelter	12292
facilities, certified children's crisis care facilities, certified	12293
foster homes, placement in a prospective adoptive home prior to	12294
the issuance of a final decree of adoption, organizations,	12295
certified organizations, child day-care centers, type A family	12296
day-care homes, type B family day-care homes, child care provided	12297
by ~~type B family day-care home providers and by~~ in-home aides,	12298
group home providers, group homes, institutions, state	12299
institutions, residential facilities, residential care facilities,	12300
residential camps, day camps, public schools, chartered nonpublic	12301
schools, educational service centers, hospitals, and medical	12302
clinics that are responsible for the care, physical custody, or	12303
control of children.	12304

(30) "Out-of-home care child abuse" means any of the	12305
following when committed by a person responsible for the care of a	12306
child in out-of-home care:	12307

(a) Engaging in sexual activity with a child in the person's	12308
care;	12309

(b) Denial to a child, as a means of punishment, of proper or	12310
necessary subsistence, education, medical care, or other care	12311
necessary for a child's health;	12312

(c) Use of restraint procedures on a child that cause injury	12313
or pain;	12314

(d) Administration of prescription drugs or psychotropic	12315
medication to the child without the written approval and ongoing	12316
supervision of a licensed physician;	12317

(e) Commission of any act, other than by accidental means,	12318
that results in any injury to or death of the child in out-of-home	12319
care or commission of any act by accidental means that results in	12320
an injury to or death of a child in out-of-home care and that is	12321
at variance with the history given of the injury or death.	12322

(31) "Out-of-home care child neglect" means any of the	12323
following when committed by a person responsible for the care of a	12324
child in out-of-home care:	12325

(a) Failure to provide reasonable supervision according to	12326
the standards of care appropriate to the age, mental and physical	12327
condition, or other special needs of the child;	12328

(b) Failure to provide reasonable supervision according to	12329
the standards of care appropriate to the age, mental and physical	12330
condition, or other special needs of the child, that results in	12331
sexual or physical abuse of the child by any person;	12332

12333

(i) Administration of prescription drugs or psychotropic	12334
drugs for the child;	12335

(ii) Assuring that the instructions of the licensed physician	12336
who prescribed a drug for the child are followed;	12337

(iii) Reporting to the licensed physician who prescribed the	12338
drug all unfavorable or dangerous side effects from the use of the	12339
drug.	12340

(d) Failure to provide proper or necessary subsistence,	12341
education, medical care, or other individualized care necessary	12342
for the health or well-being of the child;	12343

(e) Confinement of the child to a locked room without	12344
monitoring by staff;	12345

(f) Failure to provide ongoing security for all prescription	12346
and nonprescription medication;	12347

(g) Isolation of a child for a period of time when there is	12348
substantial risk that the isolation, if continued, will impair or	12349
retard the mental health or physical well-being of the child.	12350

(32) "Permanent custody" means a legal status that vests in a	12351
public children services agency or a private child placing agency,	12352
all parental rights, duties, and obligations, including the right	12353
to consent to adoption, and divests the natural parents or	12354
adoptive parents of all parental rights, privileges, and	12355
obligations, including all residual rights and obligations.	12356

(33) "Permanent surrender" means the act of the parents or,	12357
if a child has only one parent, of the parent of a child, by a	12358
voluntary agreement authorized by section 5103.15 of the Revised	12359
Code, to transfer the permanent custody of the child to a public	12360
children services agency or a private child placing agency.	12361

(34) "Person" means an individual, association, corporation,	12362
or partnership and the state or any of its political subdivisions,	12363
departments, or agencies.	12364

(35) "Person responsible for a child's care in out-of-home	12365
care" means any of the following:	12366

(a) Any foster caregiver, in-home aide, or provider;

12367

(b) Any administrator, employee, or agent of any of the	12368
following: a public or private detention facility; shelter	12369
facility; certified children's crisis care facility; organization;	12370
certified organization; child day-care center; type A family	12371
day-care home; ~~certified~~licensed type B family day-care home;	12372
group home; institution; state institution; residential facility;	12373
residential care facility; residential camp; day camp; school	12374
district; community school; chartered nonpublic school;	12375
educational service center; hospital; or medical clinic;	12376

(c) Any person who supervises or coaches children as part of	12377
an extracurricular activity sponsored by a school district, public	12378
school, or chartered nonpublic school;	12379

(d) Any other person who performs a similar function with	12380
respect to, or has a similar relationship to, children.	12381

(36) "Physically impaired" means having one or more of the	12382
following conditions that substantially limit one or more of an	12383
individual's major life activities, including self-care, receptive	12384
and expressive language, learning, mobility, and self-direction:	12385

(a) A substantial impairment of vision, speech, or hearing;

12386

(b) A congenital orthopedic impairment;

12387

(c) An orthopedic impairment caused by disease, rheumatic	12388
fever or any other similar chronic or acute health problem, or	12389
amputation or another similar cause.	12390

(37) "Placement for adoption" means the arrangement by a	12391
public children services agency or a private child placing agency	12392
with a person for the care and adoption by that person of a child	12393
of whom the agency has permanent custody.	12394

(38) "Placement in foster care" means the arrangement by a	12395
public children services agency or a private child placing agency	12396
for the out-of-home care of a child of whom the agency has	12397
temporary custody or permanent custody.	12398

(39) "Planned permanent living arrangement" means an order of	12399
a juvenile court pursuant to which both of the following apply:	12400

(a) The court gives legal custody of a child to a public	12401
children services agency or a private child placing agency without	12402
the termination of parental rights.	12403

(b) The order permits the agency to make an appropriate	12404
placement of the child and to enter into a written agreement with	12405
a foster care provider or with another person or agency with whom	12406
the child is placed.	12407

(40) "Practice of social work" and "practice of professional	12408
counseling" have the same meanings as in section 4757.01 of the	12409
Revised Code.	12410

(41) "Sanction, service, or condition" means a sanction,	12411
service, or condition created by court order following an	12412
adjudication that a child is an unruly child that is described in	12413
division (A)(4) of section 2152.19 of the Revised Code.	12414

(42) "Protective supervision" means an order of disposition	12415
pursuant to which the court permits an abused, neglected,	12416
dependent, or unruly child to remain in the custody of the child's	12417
parents, guardian, or custodian and stay in the child's home,	12418
subject to any conditions and limitations upon the child, the	12419
child's parents, guardian, or custodian, or any other person that	12420
the court prescribes, including supervision as directed by the	12421
court for the protection of the child.	12422

(43) "Psychiatrist" has the same meaning as in section	12423
5122.01 of the Revised Code.	12424

(44) "Psychologist" has the same meaning as in section	12425
4732.01 of the Revised Code.	12426

(45) "Residential camp" means a program in which the care,	12427
physical custody, or control of children is accepted overnight for	12428
recreational or recreational and educational purposes.	12429

(46) "Residential care facility" means an institution,	12430
residence, or facility that is licensed by the department of	12431
mental health under section 5119.22 of the Revised Code and that	12432
provides care for a child.	12433

(47) "Residential facility" means a home or facility that is	12434
licensed by the department of developmental disabilities under	12435
section 5123.19 of the Revised Code and in which a child with a	12436
developmental disability resides.	12437

(48) "Residual parental rights, privileges, and	12438
responsibilities" means those rights, privileges, and	12439
responsibilities remaining with the natural parent after the	12440
transfer of legal custody of the child, including, but not	12441
necessarily limited to, the privilege of reasonable visitation,	12442
consent to adoption, the privilege to determine the child's	12443
religious affiliation, and the responsibility for support.	12444

(49) "School day" means the school day established by the	12445
state board of education pursuant to section 3313.48 of the	12446
Revised Code.	12447

(50) "School month" and "school year" have the same meanings	12448
as in section 3313.62 of the Revised Code.	12449

(51) "Secure correctional facility" means a facility under	12450
the direction of the department of youth services that is designed	12451
to physically restrict the movement and activities of children and	12452
used for the placement of children after adjudication and	12453
disposition.	12454

(52) "Sexual activity" has the same meaning as in section	12455
2907.01 of the Revised Code.	12456

(53) "Shelter" means the temporary care of children in	12457
physically unrestricted facilities pending court adjudication or	12458
disposition.	12459

(54) "Shelter for victims of domestic violence" has the same	12460
meaning as in section 3113.33 of the Revised Code.	12461

(55) "Temporary custody" means legal custody of a child who	12462
is removed from the child's home, which custody may be terminated	12463
at any time at the discretion of the court or, if the legal	12464
custody is granted in an agreement for temporary custody, by the	12465
person who executed the agreement.	12466

(56) "Traditional response" means a public children services	12467
agency's response to a report of child abuse or neglect that	12468
encourages engagement of the family in a comprehensive evaluation	12469
of the child's current and future safety needs and a fact-finding	12470
process to determine whether child abuse or neglect occurred and	12471
the circumstances surrounding the alleged harm or risk of harm.	12472

(C) For the purposes of this chapter, a child shall be	12473
presumed abandoned when the parents of the child have failed to	12474
visit or maintain contact with the child for more than ninety	12475
days, regardless of whether the parents resume contact with the	12476
child after that period of ninety days.	12477

Sec. 2919.227. (A)(1) No child care center licensee shall	12478
accept a child into that center without first providing to the	12479
parent, guardian, custodian, or other person responsible for the	12480
care of that child the following information, if the parent,	12481
guardian, custodian, or other person responsible for the care of	12482
the child requests the information:	12483

(a) The types of injuries to children, as reported in	12484
accordance with rules adopted under section ~~5104.011~~5104.015 of	12485
the Revised Code, that occurred at the center on or after April 1,	12486
2003, or the date that is two years before the date the	12487
information is requested, whichever date is more recent;	12488

(b) The number of each type of injury to children that	12489
occurred at the center during that period.	12490

(2) If a death described in division (A)(2)(a) or (A)(2)(b)	12491
of this section occurred during the fifteen-year period	12492
immediately preceding the date that the parent, guardian,	12493
custodian, or other person responsible for the care of a child	12494
seeks to enroll that child, no child care center licensee shall	12495
accept that child into that center without first providing to the	12496
parent, guardian, custodian, or other person responsible for the	12497
care of that child a notice that states that the death occurred.	12498

(a) A child died while under the care of the center or while	12499
receiving child care from the owner, provider, or administrator of	12500
the center;	12501

(b) A child died as a result of injuries suffered while under	12502
the care of the center or while receiving child care from the	12503
owner, provider, or administrator of the center.	12504

(3) Each child care center licensee shall keep on file at the	12505
center a copy of the information provided under this division for	12506
at least three years after providing the information.	12507

(B)(1) No child care center licensee shall fail to provide	12508
notice in accordance with division (B)(3) of this section to the	12509
persons and entities specified in division (B)(2) of this section	12510
if a child who is under the care of the center or is receiving	12511
child care from the owner, provider, or administrator of the	12512
center dies while under the care of the center or while receiving	12513
child care from the owner, provider, or administrator or dies as a	12514
result of injuries suffered while under the care of the center or	12515
while receiving child care from the owner, provider, or	12516
administrator.	12517

(2) A child care center licensee shall provide the notice	12518
required under division (B)(1) of this section to all of the	12519
following:	12520

(a) The parent, guardian, custodian, or other person	12521
responsible for the care of each child who, at the time of the	12522
death for which notice is required, is receiving or is enrolled to	12523
receive child care from the center;	12524

(b) The public children services agency of the county in	12525
which the center is located or the child care was given;	12526

(c) A municipal or county peace officer in the county in	12527
which the child resides or in which the center is located or the	12528
child care was given;	12529

(d) The child fatality review board appointed under section	12530
307.621 of the Revised Code that serves the county in which the	12531
center is located or the child care was given.	12532

(3) A child care center licensee shall provide the notice	12533
required by division (B)(1) of this section not later than	12534
forty-eight hours after the child dies. The notice shall state	12535
that the death occurred.	12536

(C) Whoever violates division (A) or (B) of this section is	12537
guilty of failure of a child care center to disclose the death or	12538
serious injury of a child, a misdemeanor of the fourth degree.	12539

Sec. 2923.124. As used in sections 2923.124 to 2923.1213 of	12540
the Revised Code:	12541

(A) "Application form" means the application form prescribed	12542
pursuant to division (A)(1) of section 109.731 of the Revised Code	12543
and includes a copy of that form.	12544

(B) "Competency certification" and "competency certificate"	12545
mean a document of the type described in division (B)(3) of	12546
section 2923.125 of the Revised Code.	12547

(C) "Detention facility" has the same meaning as in section	12548
2921.01 of the Revised Code.	12549

(D) "Licensee" means a person to whom a license to carry a	12550
concealed handgun has been issued under section 2923.125 of the	12551
Revised Code and, except when the context clearly indicates	12552
otherwise, includes a person to whom a temporary emergency license	12553
to carry a concealed handgun has been issued under section	12554
2923.1213 of the Revised Code.	12555

(E) "License fee" or "license renewal fee" means the fee for	12556
a license to carry a concealed handgun or the fee to renew that	12557
license that is prescribed pursuant to division (C) of section	12558
109.731 of the Revised Code and that is to be paid by an applicant	12559
for a license of that type.	12560

(F) "Peace officer" has the same meaning as in section	12561
2935.01 of the Revised Code.	12562

(G) "State correctional institution" has the same meaning as	12563
in section 2967.01 of the Revised Code.	12564

(H) "Valid license" means a license or temporary emergency	12565
license to carry a concealed handgun that has been issued under	12566
section 2923.125 or 2923.1213 of the Revised Code, that is	12567
currently valid, that is not under a suspension under division	12568
(A)(1) of section 2923.128 or under section 2923.1213 of the	12569
Revised Code, and that has not been revoked under division (B)(1)	12570
of section 2923.128 or under section 2923.1213 of the Revised	12571
Code.	12572

(I) "Civil protection order" means a protection order issued,	12573
or consent agreement approved, under section 2903.214 or 3113.31	12574
of the Revised Code.	12575

(J) "Temporary protection order" means a protection order	12576
issued under section 2903.213 or 2919.26 of the Revised Code.	12577

(K) "Protection order issued by a court of another state" has	12578
the same meaning as in section 2919.27 of the Revised Code.	12579

(L) "Child day-care center," "type A family day-care home"	12580
and "type B family day-care home" have the same meanings as in	12581
section 5104.01 of the Revised Code.	12582

(M) ~~"Type C family day-care home" means a family day-care~~	12583
~~home authorized to provide child care by Sub. H.B. 62 of the 121st~~	12584
~~general assembly, as amended by Am. Sub. S.B. 160 of the 121st~~	12585
~~general assembly and Sub. H.B. 407 of the 123rd general assembly.~~	12586

~~(N)~~ "Foreign air transportation," "interstate air	12587
transportation," and "intrastate air transportation" have the same	12588
meanings as in 49 U.S.C. 40102, as now or hereafter amended.	12589

~~(O)~~(N) "Commercial motor vehicle" has the same meaning as in	12590
division (A) of section 4506.25 of the Revised Code.	12591

~~(P)~~(O) "Motor carrier enforcement unit" has the same meaning	12592
as in section 2923.16 of the Revised Code.	12593

Sec. 2923.126. (A) A license to carry a concealed handgun	12594
that is issued under section 2923.125 of the Revised Code on or	12595
after March 14, 2007, shall expire five years after the date of	12596
issuance, and a license that is so issued prior to March 14, 2007,	12597
shall expire four years after the date of issuance. A licensee who	12598
has been issued a license under that section shall be granted a	12599
grace period of thirty days after the licensee's license expires	12600
during which the licensee's license remains valid. Except as	12601
provided in divisions (B) and (C) of this section, a licensee who	12602
has been issued a license under section 2923.125 or 2923.1213 of	12603
the Revised Code may carry a concealed handgun anywhere in this	12604
state if the licensee also carries a valid license and valid	12605
identification when the licensee is in actual possession of a	12606
concealed handgun. The licensee shall give notice of any change in	12607
the licensee's residence address to the sheriff who issued the	12608
license within forty-five days after that change.	12609

If a licensee is the driver or an occupant of a motor vehicle	12610
that is stopped as the result of a traffic stop or a stop for	12611
another law enforcement purpose and if the licensee is	12612
transporting or has a loaded handgun in the motor vehicle at that	12613
time, the licensee shall promptly inform any law enforcement	12614
officer who approaches the vehicle while stopped that the licensee	12615
has been issued a license or temporary emergency license to carry	12616
a concealed handgun and that the licensee currently possesses or	12617
has a loaded handgun; the licensee shall not knowingly disregard	12618
or fail to comply with lawful orders of a law enforcement officer	12619
given while the motor vehicle is stopped, knowingly fail to remain	12620
in the motor vehicle while stopped, or knowingly fail to keep the	12621
licensee's hands in plain sight after any law enforcement officer	12622
begins approaching the licensee while stopped and before the	12623
officer leaves, unless directed otherwise by a law enforcement	12624
officer; and the licensee shall not knowingly remove, attempt to	12625
remove, grasp, or hold the loaded handgun or knowingly have	12626
contact with the loaded handgun by touching it with the licensee's	12627
hands or fingers, in any manner in violation of division (E) of	12628
section 2923.16 of the Revised Code, after any law enforcement	12629
officer begins approaching the licensee while stopped and before	12630
the officer leaves. Additionally, if a licensee is the driver or	12631
an occupant of a commercial motor vehicle that is stopped by an	12632
employee of the motor carrier enforcement unit for the purposes	12633
defined in section 5503.04 of the Revised Code and if the licensee	12634
is transporting or has a loaded handgun in the commercial motor	12635
vehicle at that time, the licensee shall promptly inform the	12636
employee of the unit who approaches the vehicle while stopped that	12637
the licensee has been issued a license or temporary emergency	12638
license to carry a concealed handgun and that the licensee	12639
currently possesses or has a loaded handgun.	12640

If a licensee is stopped for a law enforcement purpose and if	12641
the licensee is carrying a concealed handgun at the time the	12642
officer approaches, the licensee shall promptly inform any law	12643
enforcement officer who approaches the licensee while stopped that	12644
the licensee has been issued a license or temporary emergency	12645
license to carry a concealed handgun and that the licensee	12646
currently is carrying a concealed handgun; the licensee shall not	12647
knowingly disregard or fail to comply with lawful orders of a law	12648
enforcement officer given while the licensee is stopped or	12649
knowingly fail to keep the licensee's hands in plain sight after	12650
any law enforcement officer begins approaching the licensee while	12651
stopped and before the officer leaves, unless directed otherwise	12652
by a law enforcement officer; and the licensee shall not knowingly	12653
remove, attempt to remove, grasp, or hold the loaded handgun or	12654
knowingly have contact with the loaded handgun by touching it with	12655
the licensee's hands or fingers, in any manner in violation of	12656
division (B) of section 2923.12 of the Revised Code, after any law	12657
enforcement officer begins approaching the licensee while stopped	12658
and before the officer leaves.	12659

(B) A valid license issued under section 2923.125 or	12660
2923.1213 of the Revised Code does not authorize the licensee to	12661
carry a concealed handgun in any manner prohibited under division	12662
(B) of section 2923.12 of the Revised Code or in any manner	12663
prohibited under section 2923.16 of the Revised Code. A valid	12664
license does not authorize the licensee to carry a concealed	12665
handgun into any of the following places:	12666

(1) A police station, sheriff's office, or state highway	12667
patrol station, premises controlled by the bureau of criminal	12668
identification and investigation, a state correctional	12669
institution, jail, workhouse, or other detention facility, an	12670
airport passenger terminal, or an institution that is maintained,	12671
operated, managed, and governed pursuant to division (A) of	12672
section 5119.02 of the Revised Code or division (A)(1) of section	12673
5123.03 of the Revised Code;	12674

(2) A school safety zone if the licensee's carrying the	12675
concealed handgun is in violation of section 2923.122 of the	12676
Revised Code;	12677

(3) A courthouse or another building or structure in which a	12678
courtroom is located, in violation of section 2923.123 of the	12679
Revised Code;	12680

(4) Any premises or open air arena for which a D permit has	12681
been issued under Chapter 4303. of the Revised Code if the	12682
licensee's carrying the concealed handgun is in violation of	12683
section 2923.121 of the Revised Code;	12684

(5) Any premises owned or leased by any public or private	12685
college, university, or other institution of higher education,	12686
unless the handgun is in a locked motor vehicle or the licensee is	12687
in the immediate process of placing the handgun in a locked motor	12688
vehicle;	12689

(6) Any church, synagogue, mosque, or other place of worship,	12690
unless the church, synagogue, mosque, or other place of worship	12691
posts or permits otherwise;	12692

(7) A child day-care center, a type A family day-care home,	12693
or a type B family day-care home~~, or a type C family day-care~~	12694
~~home~~, except that this division does not prohibit a licensee who	12695
resides in a type A family day-care home,or a type B family	12696
day-care home~~, or a type C family day-care home~~ from carrying a	12697
concealed handgun at any time in any part of the home that is not	12698
dedicated or used for day-care purposes, or from carrying a	12699
concealed handgun in a part of the home that is dedicated or used	12700
for day-care purposes at any time during which no children, other	12701
than children of that licensee, are in the home;	12702

(8) An aircraft that is in, or intended for operation in,	12703
foreign air transportation, interstate air transportation,	12704
intrastate air transportation, or the transportation of mail by	12705
aircraft;	12706

(9) Any building that is a government facility of this state	12707
or a political subdivision of this state and that is not a	12708
building that is used primarily as a shelter, restroom, parking	12709
facility for motor vehicles, or rest facility and is not a	12710
courthouse or other building or structure in which a courtroom is	12711
located that is subject to division (B)(3) of this section;	12712

(10) A place in which federal law prohibits the carrying of	12713
handguns.	12714

(C)(1) Nothing in this section shall negate or restrict a	12715
rule, policy, or practice of a private employer that is not a	12716
private college, university, or other institution of higher	12717
education concerning or prohibiting the presence of firearms on	12718
the private employer's premises or property, including motor	12719
vehicles owned by the private employer. Nothing in this section	12720
shall require a private employer of that nature to adopt a rule,	12721
policy, or practice concerning or prohibiting the presence of	12722
firearms on the private employer's premises or property, including	12723
motor vehicles owned by the private employer.	12724

(2)(a) A private employer shall be immune from liability in a	12725
civil action for any injury, death, or loss to person or property	12726
that allegedly was caused by or related to a licensee bringing a	12727
handgun onto the premises or property of the private employer,	12728
including motor vehicles owned by the private employer, unless the	12729
private employer acted with malicious purpose. A private employer	12730
is immune from liability in a civil action for any injury, death,	12731
or loss to person or property that allegedly was caused by or	12732
related to the private employer's decision to permit a licensee to	12733
bring, or prohibit a licensee from bringing, a handgun onto the	12734
premises or property of the private employer. As used in this	12735
division, "private employer" includes a private college,	12736
university, or other institution of higher education.	12737

(b) A political subdivision shall be immune from liability in	12738
a civil action, to the extent and in the manner provided in	12739
Chapter 2744. of the Revised Code, for any injury, death, or loss	12740
to person or property that allegedly was caused by or related to a	12741
licensee bringing a handgun onto any premises or property owned,	12742
leased, or otherwise under the control of the political	12743
subdivision. As used in this division, "political subdivision" has	12744
the same meaning as in section 2744.01 of the Revised Code.	12745

(3)(a) Except as provided in division (C)(3)(b) of this	12746
section, the owner or person in control of private land or	12747
premises, and a private person or entity leasing land or premises	12748
owned by the state, the United States, or a political subdivision	12749
of the state or the United States, may post a sign in a	12750
conspicuous location on that land or on those premises prohibiting	12751
persons from carrying firearms or concealed firearms on or onto	12752
that land or those premises. Except as otherwise provided in this	12753
division, a person who knowingly violates a posted prohibition of	12754
that nature is guilty of criminal trespass in violation of	12755
division (A)(4) of section 2911.21 of the Revised Code and is	12756
guilty of a misdemeanor of the fourth degree. If a person	12757
knowingly violates a posted prohibition of that nature and the	12758
posted land or premises primarily was a parking lot or other	12759
parking facility, the person is not guilty of criminal trespass in	12760
violation of division (A)(4) of section 2911.21 of the Revised	12761
Code and instead is subject only to a civil cause of action for	12762
trespass based on the violation.	12763

(b) A landlord may not prohibit or restrict a tenant who is a	12764
licensee and who on or after ~~the effective date of this amendment~~	12765
September 9, 2008, enters into a rental agreement with the	12766
landlord for the use of residential premises, and the tenant's	12767
guest while the tenant is present, from lawfully carrying or	12768
possessing a handgun on those residential premises.	12769

12770

(i) "Residential premises" has the same meaning as in section	12771
5321.01 of the Revised Code, except "residential premises" does	12772
not include a dwelling unit that is owned or operated by a college	12773
or university.	12774

(ii) "Landlord," "tenant," and "rental agreement" have the	12775
same meanings as in section 5321.01 of the Revised Code.	12776

(D) A person who holds a license to carry a concealed handgun	12777
that was issued pursuant to the law of another state that is	12778
recognized by the attorney general pursuant to a reciprocity	12779
agreement entered into pursuant to section 109.69 of the Revised	12780
Code has the same right to carry a concealed handgun in this state	12781
as a person who was issued a license to carry a concealed handgun	12782
under section 2923.125 of the Revised Code and is subject to the	12783
same restrictions that apply to a person who carries a license	12784
issued under that section.	12785

(E) A peace officer has the same right to carry a concealed	12786
handgun in this state as a person who was issued a license to	12787
carry a concealed handgun under section 2923.125 of the Revised	12788
Code. For purposes of reciprocity with other states, a peace	12789
officer shall be considered to be a licensee in this state.	12790

(F)(1) A qualified retired peace officer who possesses a	12791
retired peace officer identification card issued pursuant to	12792
division (F)(2) of this section and a valid firearms	12793
requalification certification issued pursuant to division (F)(3)	12794
of this section has the same right to carry a concealed handgun in	12795
this state as a person who was issued a license to carry a	12796
concealed handgun under section 2923.125 of the Revised Code and	12797
is subject to the same restrictions that apply to a person who	12798
carries a license issued under that section. For purposes of	12799
reciprocity with other states, a qualified retired peace officer	12800
who possesses a retired peace officer identification card issued	12801
pursuant to division (F)(2) of this section and a valid firearms	12802
requalification certification issued pursuant to division (F)(3)	12803
of this section shall be considered to be a licensee in this	12804
state.	12805

(2)(a) Each public agency of this state or of a political	12806
subdivision of this state that is served by one or more peace	12807
officers shall issue a retired peace officer identification card	12808
to any person who retired from service as a peace officer with	12809
that agency, if the issuance is in accordance with the agency's	12810
policies and procedures and if the person, with respect to the	12811
person's service with that agency, satisfies all of the following:	12812

(i) The person retired in good standing from service as a	12813
peace officer with the public agency, and the retirement was not	12814
for reasons of mental instability.	12815

(ii) Before retiring from service as a peace officer with	12816
that agency, the person was authorized to engage in or supervise	12817
the prevention, detection, investigation, or prosecution of, or	12818
the incarceration of any person for, any violation of law and the	12819
person had statutory powers of arrest.	12820

(iii) At the time of the person's retirement as a peace	12821
officer with that agency, the person was trained and qualified to	12822
carry firearms in the performance of the peace officer's duties.	12823

(iv) Before retiring from service as a peace officer with	12824
that agency, the person was regularly employed as a peace officer	12825
for an aggregate of fifteen years or more, or, in the alternative,	12826
the person retired from service as a peace officer with that	12827
agency, after completing any applicable probationary period of	12828
that service, due to a service-connected disability, as determined	12829
by the agency.	12830

(b) A retired peace officer identification card issued to a	12831
person under division (F)(2)(a) of this section shall identify the	12832
person by name, contain a photograph of the person, identify the	12833
public agency of this state or of the political subdivision of	12834
this state from which the person retired as a peace officer and	12835
that is issuing the identification card, and specify that the	12836
person retired in good standing from service as a peace officer	12837
with the issuing public agency and satisfies the criteria set	12838
forth in divisions (F)(2)(a)(i) to (iv) of this section. In	12839
addition to the required content specified in this division, a	12840
retired peace officer identification card issued to a person under	12841
division (F)(2)(a) of this section may include the firearms	12842
requalification certification described in division (F)(3) of this	12843
section, and if the identification card includes that	12844
certification, the identification card shall serve as the firearms	12845
requalification certification for the retired peace officer. If	12846
the issuing public agency issues credentials to active law	12847
enforcement officers who serve the agency, the agency may comply	12848
with division (F)(2)(a) of this section by issuing the same	12849
credentials to persons who retired from service as a peace officer	12850
with the agency and who satisfy the criteria set forth in	12851
divisions (F)(2)(a)(i) to (iv) of this section, provided that the	12852
credentials so issued to retired peace officers are stamped with	12853
the word "RETIRED."	12854

(c) A public agency of this state or of a political	12855
subdivision of this state may charge persons who retired from	12856
service as a peace officer with the agency a reasonable fee for	12857
issuing to the person a retired peace officer identification card	12858
pursuant to division (F)(2)(a) of this section.	12859

(3) If a person retired from service as a peace officer with	12860
a public agency of this state or of a political subdivision of	12861
this state and the person satisfies the criteria set forth in	12862
divisions (F)(2)(a)(i) to (iv) of this section, the public agency	12863
may provide the retired peace officer with the opportunity to	12864
attend a firearms requalification program that is approved for	12865
purposes of firearms requalification required under section	12866
109.801 of the Revised Code. The retired peace officer may be	12867
required to pay the cost of the course.	12868

If a retired peace officer who satisfies the criteria set	12869
forth in divisions (F)(2)(a)(i) to (iv) of this section attends a	12870
firearms requalification program that is approved for purposes of	12871
firearms requalification required under section 109.801 of the	12872
Revised Code, the retired peace officer's successful completion of	12873
the firearms requalification program requalifies the retired peace	12874
officer for purposes of division (F) of this section for five	12875
years from the date on which the program was successfully	12876
completed, and the requalification is valid during that five-year	12877
period. If a retired peace officer who satisfies the criteria set	12878
forth in divisions (F)(2)(a)(i) to (iv) of this section	12879
satisfactorily completes such a firearms requalification program,	12880
the retired peace officer shall be issued a firearms	12881
requalification certification that identifies the retired peace	12882
officer by name, identifies the entity that taught the program,	12883
specifies that the retired peace officer successfully completed	12884
the program, specifies the date on which the course was	12885
successfully completed, and specifies that the requalification is	12886
valid for five years from that date of successful completion. The	12887
firearms requalification certification for a retired peace officer	12888
may be included in the retired peace officer identification card	12889
issued to the retired peace officer under division (F)(2) of this	12890
section.	12891

A retired peace officer who attends a firearms	12892
requalification program that is approved for purposes of firearms	12893
requalification required under section 109.801 of the Revised Code	12894
may be required to pay the cost of the program.	12895

(G) As used in this section:

12896

(1) "Qualified retired peace officer" means a person who	12897
satisfies all of the following:	12898

(a) The person satisfies the criteria set forth in divisions	12899
(F)(2)(a)(i) to (v) of this section.	12900

(b) The person is not under the influence of alcohol or	12901
another intoxicating or hallucinatory drug or substance.	12902

(c) The person is not prohibited by federal law from	12903
receiving firearms.	12904

(2) "Retired peace officer identification card" means an	12905
identification card that is issued pursuant to division (F)(2) of	12906
this section to a person who is a retired peace officer.	12907

(3) "Government facility of this state or a political	12908
subdivision of this state" means any of the following:	12909

(a) A building or part of a building that is owned or leased	12910
by the government of this state or a political subdivision of this	12911
state and where employees of the government of this state or the	12912
political subdivision regularly are present for the purpose of	12913
performing their official duties as employees of the state or	12914
political subdivision;	12915

(b) The office of a deputy registrar serving pursuant to	12916
Chapter 4503. of the Revised Code that is used to perform deputy	12917
registrar functions.	12918

Sec. 2923.1212. (A) The following persons, boards, and	12919
entities, or designees, shall post in the following locations a	12920
sign that contains a statement in substantially the following	12921
form: "Unless otherwise authorized by law, pursuant to the Ohio	12922
Revised Code, no person shall knowingly possess, have under the	12923
person's control, convey, or attempt to convey a deadly weapon or	12924
dangerous ordnance onto these premises.":	12925

(1) The director of public safety or the person or board	12926
charged with the erection, maintenance, or repair of police	12927
stations, municipal jails, and the municipal courthouse and	12928
courtrooms in a conspicuous location at all police stations,	12929
municipal jails, and municipal courthouses and courtrooms;	12930

(2) The sheriff or sheriff's designee who has charge of the	12931
sheriff's office in a conspicuous location in that office;	12932

(3) The superintendent of the state highway patrol or the	12933
superintendent's designee in a conspicuous location at all state	12934
highway patrol stations;	12935

(4) Each sheriff, chief of police, or person in charge of	12936
every county, multicounty, municipal, municipal-county, or	12937
multicounty-municipal jail or workhouse, community-based	12938
correctional facility, halfway house, alternative residential	12939
facility, or other local or state correctional institution or	12940
detention facility within the state, or that person's designee, in	12941
a conspicuous location at that facility under that person's	12942
charge;	12943

(5) The board of trustees of a regional airport authority,	12944
chief administrative officer of an airport facility, or other	12945
person in charge of an airport facility in a conspicuous location	12946
at each airport facility under that person's control;	12947

(6) The officer or officer's designee who has charge of a	12948
courthouse or the building or structure in which a courtroom is	12949
located in a conspicuous location in that building or structure;	12950

(7) The superintendent of the bureau of criminal	12951
identification and investigation or the superintendent's designee	12952
in a conspicuous location in all premises controlled by that	12953
bureau;	12954

(8) The owner, administrator, or operator of a child day-care	12955
center, a type A family day-care home, or a type B family day-care	12956
home~~, or a type C family day-care home~~;	12957

(9) The officer of this state or of a political subdivision	12958
of this state, or the officer's designee, who has charge of a	12959
building that is a government facility of this state or the	12960
political subdivision of this state, as defined in section	12961
2923.126 of the Revised Code, and that is not a building that is	12962
used primarily as a shelter, restroom, parking facility for motor	12963
vehicles, or rest facility and is not a courthouse or other	12964
building or structure in which a courtroom is located that is	12965
subject to division (B)(3) of that section.	12966

(B) The following boards, bodies, and persons, or designees,	12967
shall post in the following locations a sign that contains a	12968
statement in substantially the following form: "Unless otherwise	12969
authorized by law, pursuant to Ohio Revised Code section 2923.122,	12970
no person shall knowingly possess, have under the person's	12971
control, convey, or attempt to convey a deadly weapon or dangerous	12972
ordnance into a school safety zone.":	12973

(1) A board of education of a city, local, exempted village,	12974
or joint vocational school district or that board's designee in a	12975
conspicuous location in each building and on each parcel of real	12976
property owned or controlled by the board;	12977

(2) A governing body of a school for which the state board of	12978
education prescribes minimum standards under section 3301.07 of	12979
the Revised Code or that body's designee in a conspicuous location	12980
in each building and on each parcel of real property owned or	12981
controlled by the school;	12982

(3) The principal or chief administrative officer of a	12983
nonpublic school in a conspicuous location on property owned or	12984
controlled by that nonpublic school.	12985

Sec. 2950.11. (A) Regardless of when the sexually oriented	12986
offense or child-victim oriented offense was committed, if a	12987
person is convicted of, pleads guilty to, has been convicted of,	12988
or has pleaded guilty to a sexually oriented offense or a	12989
child-victim oriented offense or a person is or has been	12990
adjudicated a delinquent child for committing a sexually oriented	12991
offense or a child-victim oriented offense and is classified a	12992
juvenile offender registrant or is an out-of-state juvenile	12993
offender registrant based on that adjudication, and if the	12994
offender or delinquent child is in any category specified in	12995
division (F)(1)(a), (b), or (c) of this section, the sheriff with	12996
whom the offender or delinquent child has most recently registered	12997
under section 2950.04, 2950.041, or 2950.05 of the Revised Code	12998
and the sheriff to whom the offender or delinquent child most	12999
recently sent a notice of intent to reside under section 2950.04	13000
or 2950.041 of the Revised Code, within the period of time	13001
specified in division (C) of this section, shall provide a written	13002
notice containing the information set forth in division (B) of	13003
this section to all of the persons described in divisions (A)(1)	13004
to (10) of this section. If the sheriff has sent a notice to the	13005
persons described in those divisions as a result of receiving a	13006
notice of intent to reside and if the offender or delinquent child	13007
registers a residence address that is the same residence address	13008
described in the notice of intent to reside, the sheriff is not	13009
required to send an additional notice when the offender or	13010
delinquent child registers. The sheriff shall provide the notice	13011
to all of the following persons:	13012

(1)(a) Any occupant of each residential unit that is located	13013
within one thousand feet of the offender's or delinquent child's	13014
residential premises, that is located within the county served by	13015
the sheriff, and that is not located in a multi-unit building.	13016
Division (D)(3) of this section applies regarding notices required	13017
under this division.	13018

(b) If the offender or delinquent child resides in a	13019
multi-unit building, any occupant of each residential unit that is	13020
located in that multi-unit building and that shares a common	13021
hallway with the offender or delinquent child. For purposes of	13022
this division, an occupant's unit shares a common hallway with the	13023
offender or delinquent child if the entrance door into the	13024
occupant's unit is located on the same floor and opens into the	13025
same hallway as the entrance door to the unit the offender or	13026
delinquent child occupies. Division (D)(3) of this section applies	13027
regarding notices required under this division.	13028

(c) The building manager, or the person the building owner or	13029
condominium unit owners association authorizes to exercise	13030
management and control, of each multi-unit building that is	13031
located within one thousand feet of the offender's or delinquent	13032
child's residential premises, including a multi-unit building in	13033
which the offender or delinquent child resides, and that is	13034
located within the county served by the sheriff. In addition to	13035
notifying the building manager or the person authorized to	13036
exercise management and control in the multi-unit building under	13037
this division, the sheriff shall post a copy of the notice	13038
prominently in each common entryway in the building and any other	13039
location in the building the sheriff determines appropriate. The	13040
manager or person exercising management and control of the	13041
building shall permit the sheriff to post copies of the notice	13042
under this division as the sheriff determines appropriate. In lieu	13043
of posting copies of the notice as described in this division, a	13044
sheriff may provide notice to all occupants of the multi-unit	13045
building by mail or personal contact; if the sheriff so notifies	13046
all the occupants, the sheriff is not required to post copies of	13047
the notice in the common entryways to the building. Division	13048
(D)(3) of this section applies regarding notices required under	13049
this division.	13050

(d) All additional persons who are within any category of	13051
neighbors of the offender or delinquent child that the attorney	13052
general by rule adopted under section 2950.13 of the Revised Code	13053
requires to be provided the notice and who reside within the	13054
county served by the sheriff;	13055

(2) The executive director of the public children services	13056
agency that has jurisdiction within the specified geographical	13057
notification area and that is located within the county served by	13058
the sheriff;	13059

(3)(a) The superintendent of each board of education of a	13060
school district that has schools within the specified geographical	13061
notification area and that is located within the county served by	13062
the sheriff;	13063

(b) The principal of the school within the specified	13064
geographical notification area and within the county served by the	13065
sheriff that the delinquent child attends;	13066

(c) If the delinquent child attends a school outside of the	13067
specified geographical notification area or outside of the school	13068
district where the delinquent child resides, the superintendent of	13069
the board of education of a school district that governs the	13070
school that the delinquent child attends and the principal of the	13071
school that the delinquent child attends.	13072

(4)(a) The appointing or hiring officer of each chartered	13073
nonpublic school located within the specified geographical	13074
notification area and within the county served by the sheriff or	13075
of each other school located within the specified geographical	13076
notification area and within the county served by the sheriff and	13077
that is not operated by a board of education described in division	13078
(A)(3) of this section;	13079

(b) Regardless of the location of the school, the appointing	13080
or hiring officer of a chartered nonpublic school that the	13081
delinquent child attends.	13082

(5) The director, head teacher, elementary principal, or site	13083
administrator of each preschool program governed by Chapter 3301.	13084
of the Revised Code that is located within the specified	13085
geographical notification area and within the county served by the	13086
sheriff;	13087

(6) The administrator of each child day-care center or type A	13088
family day-care home that is located within the specified	13089
geographical notification area and within the county served by the	13090
sheriff, ~~and the provider of~~ each ~~certified~~holder of a license to	13091
operate a type B family day-care home that is located within the	13092
specified geographical notification area and within the county	13093
served by the sheriff. As used in this division, "child day-care	13094
center," "type A family day-care home," and "~~certified~~ type B	13095
family day-care home" have the same meanings as in section 5104.01	13096
of the Revised Code.	13097

(7) The president or other chief administrative officer of	13098
each institution of higher education, as defined in section	13099
2907.03 of the Revised Code, that is located within the specified	13100
geographical notification area and within the county served by the	13101
sheriff, and the chief law enforcement officer of the state	13102
university law enforcement agency or campus police department	13103
established under section 3345.04 or 1713.50 of the Revised Code,	13104
if any, that serves that institution;	13105

(8) The sheriff of each county that includes any portion of	13106
the specified geographical notification area;	13107

(9) If the offender or delinquent child resides within the	13108
county served by the sheriff, the chief of police, marshal, or	13109
other chief law enforcement officer of the municipal corporation	13110
in which the offender or delinquent child resides or, if the	13111
offender or delinquent child resides in an unincorporated area,	13112
the constable or chief of the police department or police district	13113
police force of the township in which the offender or delinquent	13114
child resides;	13115

(10) Volunteer organizations in which contact with minors or	13116
other vulnerable individuals might occur or any organization,	13117
company, or individual who requests notification as provided in	13118
division (J) of this section.	13119

(B) The notice required under division (A) of this section	13120
shall include all of the following information regarding the	13121
subject offender or delinquent child:	13122

(1) The offender's or delinquent child's name;

13123

(2) The address or addresses of the offender's or public	13124
registry-qualified juvenile offender registrant's residence,	13125
school, institution of higher education, or place of employment,	13126
as applicable, or the residence address or addresses of a	13127
delinquent child who is not a public registry-qualified juvenile	13128
offender registrant;	13129

(3) The sexually oriented offense or child-victim oriented	13130
offense of which the offender was convicted, to which the offender	13131
pleaded guilty, or for which the child was adjudicated a	13132
delinquent child;	13133

(4) A statement that identifies the category specified in	13134
division (F)(1)(a), (b), or (c) of this section that includes the	13135
offender or delinquent child and that subjects the offender or	13136
delinquent child to this section;	13137

(5) The offender's or delinquent child's photograph.

13138

(C) If a sheriff with whom an offender or delinquent child	13139
registers under section 2950.04, 2950.041, or 2950.05 of the	13140
Revised Code or to whom the offender or delinquent child most	13141
recently sent a notice of intent to reside under section 2950.04	13142
or 2950.041 of the Revised Code is required by division (A) of	13143
this section to provide notices regarding an offender or	13144
delinquent child and if, pursuant to that requirement, the sheriff	13145
provides a notice to a sheriff of one or more other counties in	13146
accordance with division (A)(8) of this section, the sheriff of	13147
each of the other counties who is provided notice under division	13148
(A)(8) of this section shall provide the notices described in	13149
divisions (A)(1) to (7) and (A)(9) and (10) of this section to	13150
each person or entity identified within those divisions that is	13151
located within the specified geographical notification area and	13152
within the county served by the sheriff in question.	13153

(D)(1) A sheriff required by division (A) or (C) of this	13154
section to provide notices regarding an offender or delinquent	13155
child shall provide the notice to the neighbors that are described	13156
in division (A)(1) of this section and the notices to law	13157
enforcement personnel that are described in divisions (A)(8) and	13158
(9) of this section as soon as practicable, but no later than five	13159
days after the offender sends the notice of intent to reside to	13160
the sheriff and again no later than five days after the offender	13161
or delinquent child registers with the sheriff or, if the sheriff	13162
is required by division (C) of this section to provide the	13163
notices, no later than five days after the sheriff is provided the	13164
notice described in division (A)(8) of this section.	13165

A sheriff required by division (A) or (C) of this section to	13166
provide notices regarding an offender or delinquent child shall	13167
provide the notices to all other specified persons that are	13168
described in divisions (A)(2) to (7) and (A)(10) of this section	13169
as soon as practicable, but not later than seven days after the	13170
offender or delinquent child registers with the sheriff or, if the	13171
sheriff is required by division (C) of this section to provide the	13172
notices, no later than five days after the sheriff is provided the	13173
notice described in division (A)(8) of this section.	13174

(2) If an offender or delinquent child in relation to whom	13175
division (A) of this section applies verifies the offender's or	13176
delinquent child's current residence, school, institution of	13177
higher education, or place of employment address, as applicable,	13178
with a sheriff pursuant to section 2950.06 of the Revised Code,	13179
the sheriff may provide a written notice containing the	13180
information set forth in division (B) of this section to the	13181
persons identified in divisions (A)(1) to (10) of this section. If	13182
a sheriff provides a notice pursuant to this division to the	13183
sheriff of one or more other counties in accordance with division	13184
(A)(8) of this section, the sheriff of each of the other counties	13185
who is provided the notice under division (A)(8) of this section	13186
may provide, but is not required to provide, a written notice	13187
containing the information set forth in division (B) of this	13188
section to the persons identified in divisions (A)(1) to (7) and	13189
(A)(9) and (10) of this section.	13190

(3) A sheriff may provide notice under division (A)(1)(a) or	13191
(b) of this section, and may provide notice under division	13192
(A)(1)(c) of this section to a building manager or person	13193
authorized to exercise management and control of a building, by	13194
mail, by personal contact, or by leaving the notice at or under	13195
the entry door to a residential unit. For purposes of divisions	13196
(A)(1)(a) and (b) of this section, and the portion of division	13197
(A)(1)(c) of this section relating to the provision of notice to	13198
occupants of a multi-unit building by mail or personal contact,	13199
the provision of one written notice per unit is deemed as	13200
providing notice to all occupants of that unit.	13201

(E) All information that a sheriff possesses regarding an	13202
offender or delinquent child who is in a category specified in	13203
division (F)(1)(a), (b), or (c) of this section that is described	13204
in division (B) of this section and that must be provided in a	13205
notice required under division (A) or (C) of this section or that	13206
may be provided in a notice authorized under division (D)(2) of	13207
this section is a public record that is open to inspection under	13208
section 149.43 of the Revised Code.	13209

The sheriff shall not cause to be publicly disseminated by	13210
means of the internet any of the information described in this	13211
division that is provided by a delinquent child unless that child	13212
is in a category specified in division (F)(1)(a), (b), or (c) of	13213
this section.	13214

(F)(1) Except as provided in division (F)(2) of this section,	13215
the duties to provide the notices described in divisions (A) and	13216
(C) of this section apply regarding any offender or delinquent	13217
child who is in any of the following categories:	13218

(a) The offender is a tier III sex offender/child-victim	13219
offender, or the delinquent child is a public registry-qualified	13220
juvenile offender registrant, and a juvenile court has not removed	13221
pursuant to section 2950.15 of the Revised Code the delinquent	13222
child's duty to comply with sections 2950.04, 2950.041, 2950.05,	13223
and 2950.06 of the Revised Code.	13224

(b) The delinquent child is a tier III sex	13225
offender/child-victim offender who is not a ~~public-registry~~	13226
~~qualified~~public registry-qualified juvenile offender registrant,	13227
the delinquent child was subjected to this section prior to ~~the~~	13228
~~effective date of this amendment~~January 1, 2008, as a sexual	13229
predator, habitual sex offender, child-victim predator, or	13230
habitual child-victim offender, as those terms were defined in	13231
section 2950.01 of the Revised Code as it existed prior to ~~the~~	13232
~~effective date of this amendment~~January 1, 2008, and a juvenile	13233
court has not removed pursuant to section 2152.84 or 2152.85 of	13234
the Revised Code the delinquent child's duty to comply with	13235
sections 2950.04, 2950.041, 2950.05, and 2950.06 of the Revised	13236
Code.	13237

(c) The delinquent child is a tier III sex	13238
offender/child-victim offender who is not a public	13239
registry-qualified juvenile offender registrant, the delinquent	13240
child was classified a juvenile offender registrant on or after	13241
~~the effective date of this amendment~~January 1, 2008, the court	13242
has imposed a requirement under section 2152.82, 2152.83, or	13243
2152.84 of the Revised Code subjecting the delinquent child to	13244
this section, and a juvenile court has not removed pursuant to	13245
section 2152.84 or 2152.85 of the Revised Code the delinquent	13246
child's duty to comply with sections 2950.04, 2950.041, 2950.05,	13247
and 2950.06 of the Revised Code.	13248

(2) The notification provisions of this section do not apply	13249
to a person described in division (F)(1)(a), (b), or (c) of this	13250
section if a court finds at a hearing after considering the	13251
factors described in this division that the person would not be	13252
subject to the notification provisions of this section that were	13253
in the version of this section that existed immediately prior to	13254
~~the effective date of this amendment~~January 1, 2008. In making	13255
the determination of whether a person would have been subject to	13256
the notification provisions under prior law as described in this	13257
division, the court shall consider the following factors:	13258

(a) The offender's or delinquent child's age;

13259

(b) The offender's or delinquent child's prior criminal or	13260
delinquency record regarding all offenses, including, but not	13261
limited to, all sexual offenses;	13262

(c) The age of the victim of the sexually oriented offense	13263
for which sentence is to be imposed or the order of disposition is	13264
to be made;	13265

(d) Whether the sexually oriented offense for which sentence	13266
is to be imposed or the order of disposition is to be made	13267
involved multiple victims;	13268

(e) Whether the offender or delinquent child used drugs or	13269
alcohol to impair the victim of the sexually oriented offense or	13270
to prevent the victim from resisting;	13271

(f) If the offender or delinquent child previously has been	13272
convicted of or pleaded guilty to, or been adjudicated a	13273
delinquent child for committing an act that if committed by an	13274
adult would be, a criminal offense, whether the offender or	13275
delinquent child completed any sentence or dispositional order	13276
imposed for the prior offense or act and, if the prior offense or	13277
act was a sex offense or a sexually oriented offense, whether the	13278
offender or delinquent child participated in available programs	13279
for sexual offenders;	13280

(g) Any mental illness or mental disability of the offender	13281
or delinquent child;	13282

(h) The nature of the offender's or delinquent child's sexual	13283
conduct, sexual contact, or interaction in a sexual context with	13284
the victim of the sexually oriented offense and whether the sexual	13285
conduct, sexual contact, or interaction in a sexual context was	13286
part of a demonstrated pattern of abuse;	13287

(i) Whether the offender or delinquent child, during the	13288
commission of the sexually oriented offense for which sentence is	13289
to be imposed or the order of disposition is to be made, displayed	13290
cruelty or made one or more threats of cruelty;	13291

(j) Whether the offender or delinquent child would have been	13292
a habitual sex offender or a habitual child victim offender under	13293
the definitions of those terms set forth in section 2950.01 of the	13294
Revised Code as that section existed prior to ~~the effective date~~	13295
~~of this amendment~~January 1, 2008;	13296

(k) Any additional behavioral characteristics that contribute	13297
to the offender's or delinquent child's conduct.	13298

(G)(1) The department of job and family services shall	13299
compile, maintain, and update in January and July of each year, a	13300
list of all agencies, centers, or homes of a type described in	13301
division (A)(2) or (6) of this section that contains the name of	13302
each agency, center, or home of that type, the county in which it	13303
is located, its address and telephone number, and the name of an	13304
administrative officer or employee of the agency, center, or home.	13305

(2) The department of education shall compile, maintain, and	13306
update in January and July of each year, a list of all boards of	13307
education, schools, or programs of a type described in division	13308
(A)(3), (4), or (5) of this section that contains the name of each	13309
board of education, school, or program of that type, the county in	13310
which it is located, its address and telephone number, the name of	13311
the superintendent of the board or of an administrative officer or	13312
employee of the school or program, and, in relation to a board of	13313
education, the county or counties in which each of its schools is	13314
located and the address of each such school.	13315

(3) The Ohio board of regents shall compile, maintain, and	13316
update in January and July of each year, a list of all	13317
institutions of a type described in division (A)(7) of this	13318
section that contains the name of each such institution, the	13319
county in which it is located, its address and telephone number,	13320
and the name of its president or other chief administrative	13321
officer.	13322

(4) A sheriff required by division (A) or (C) of this	13323
section, or authorized by division (D)(2) of this section, to	13324
provide notices regarding an offender or delinquent child, or a	13325
designee of a sheriff of that type, may request the department of	13326
job and family services, department of education, or Ohio board of	13327
regents, by telephone, in person, or by mail, to provide the	13328
sheriff or designee with the names, addresses, and telephone	13329
numbers of the appropriate persons and entities to whom the	13330
notices described in divisions (A)(2) to (7) of this section are	13331
to be provided. Upon receipt of a request, the department or board	13332
shall provide the requesting sheriff or designee with the names,	13333
addresses, and telephone numbers of the appropriate persons and	13334
entities to whom those notices are to be provided.	13335

(H)(1) Upon the motion of the offender or the prosecuting	13336
attorney of the county in which the offender was convicted of or	13337
pleaded guilty to the sexually oriented offense or child-victim	13338
oriented offense for which the offender is subject to community	13339
notification under this section, or upon the motion of the	13340
sentencing judge or that judge's successor in office, the judge	13341
may schedule a hearing to determine whether the interests of	13342
justice would be served by suspending the community notification	13343
requirement under this section in relation to the offender. The	13344
judge may dismiss the motion without a hearing but may not issue	13345
an order suspending the community notification requirement without	13346
a hearing. At the hearing, all parties are entitled to be heard,	13347
and the judge shall consider all of the factors set forth in	13348
division (K) of this section. If, at the conclusion of the	13349
hearing, the judge finds that the offender has proven by clear and	13350
convincing evidence that the offender is unlikely to commit in the	13351
future a sexually oriented offense or a child-victim oriented	13352
offense and if the judge finds that suspending the community	13353
notification requirement is in the interests of justice, the judge	13354
may suspend the application of this section in relation to the	13355
offender. The order shall contain both of these findings.	13356

The judge promptly shall serve a copy of the order upon the	13357
sheriff with whom the offender most recently registered under	13358
section 2950.04, 2950.041, or 2950.05 of the Revised Code and upon	13359
the bureau of criminal identification and investigation.	13360

An order suspending the community notification requirement	13361
does not suspend or otherwise alter an offender's duties to comply	13362
with sections 2950.04, 2950.041, 2950.05, and 2950.06 of the	13363
Revised Code and does not suspend the victim notification	13364
requirement under section 2950.10 of the Revised Code.	13365

(2) A prosecuting attorney, a sentencing judge or that	13366
judge's successor in office, and an offender who is subject to the	13367
community notification requirement under this section may	13368
initially make a motion under division (H)(1) of this section upon	13369
the expiration of twenty years after the offender's duty to comply	13370
with division (A)(2), (3), or (4) of section 2950.04, division	13371
(A)(2), (3), or (4) of section 2950.041 and sections 2950.05 and	13372
2950.06 of the Revised Code begins in relation to the offense for	13373
which the offender is subject to community notification. After the	13374
initial making of a motion under division (H)(1) of this section,	13375
thereafter, the prosecutor, judge, and offender may make a	13376
subsequent motion under that division upon the expiration of five	13377
years after the judge has entered an order denying the initial	13378
motion or the most recent motion made under that division.	13379

(3) The offender and the prosecuting attorney have the right	13380
to appeal an order approving or denying a motion made under	13381
division (H)(1) of this section.	13382

(4) Divisions (H)(1) to (3) of this section do not apply to	13383
any of the following types of offender:	13384

(a) A person who is convicted of or pleads guilty to a	13385
violent sex offense or designated homicide, assault, or kidnapping	13386
offense and who, in relation to that offense, is adjudicated a	13387
sexually violent predator;	13388

(b) A person who is convicted of or pleads guilty to a	13389
sexually oriented offense that is a violation of division	13390
(A)(1)(b) of section 2907.02 of the Revised Code committed on or	13391
after January 2, 2007, and either who is sentenced under section	13392
2971.03 of the Revised Code or upon whom a sentence of life	13393
without parole is imposed under division (B) of section 2907.02 of	13394
the Revised Code;	13395

(c) A person who is convicted of or pleads guilty to a	13396
sexually oriented offense that is attempted rape committed on or	13397
after January 2, 2007, and who also is convicted of or pleads	13398
guilty to a specification of the type described in section	13399
2941.1418, 2941.1419, or 2941.1420 of the Revised Code;	13400

(d) A person who is convicted of or pleads guilty to an	13401
offense described in division (B)(3)(a), (b), (c), or (d) of	13402
section 2971.03 of the Revised Code and who is sentenced for that	13403
offense pursuant to that division;	13404

(e) An offender who is in a category specified in division	13405
(F)(1)(a), (b), or (c) of this section and who, subsequent to	13406
being subjected to community notification, has pleaded guilty to	13407
or been convicted of a sexually oriented offense or child-victim	13408
oriented offense.	13409

(I) If a person is convicted of, pleads guilty to, has been	13410
convicted of, or has pleaded guilty to a sexually oriented offense	13411
or a child-victim oriented offense or a person is or has been	13412
adjudicated a delinquent child for committing a sexually oriented	13413
offense or a child-victim oriented offense and is classified a	13414
juvenile offender registrant or is an out-of-state juvenile	13415
offender registrant based on that adjudication, and if the	13416
offender or delinquent child is not in any category specified in	13417
division (F)(1)(a), (b), or (c) of this section, the sheriff with	13418
whom the offender or delinquent child has most recently registered	13419
under section 2950.04, 2950.041, or 2950.05 of the Revised Code	13420
and the sheriff to whom the offender or delinquent child most	13421
recently sent a notice of intent to reside under section 2950.04	13422
or 2950.041 of the Revised Code, within the period of time	13423
specified in division (D) of this section, shall provide a written	13424
notice containing the information set forth in division (B) of	13425
this section to the executive director of the public children	13426
services agency that has jurisdiction within the specified	13427
geographical notification area and that is located within the	13428
county served by the sheriff.	13429

(J) Each sheriff shall allow a volunteer organization or	13430
other organization, company, or individual who wishes to receive	13431
the notice described in division (A)(10) of this section regarding	13432
a specific offender or delinquent child or notice regarding all	13433
offenders and delinquent children who are located in the specified	13434
geographical notification area to notify the sheriff by electronic	13435
mail or through the sheriff's web site of this election. The	13436
sheriff shall promptly inform the bureau of criminal	13437
identification and investigation of these requests in accordance	13438
with the forwarding procedures adopted by the attorney general	13439
pursuant to section 2950.13 of the Revised Code.	13440

(K) In making a determination under division (H)(1) of this	13441
section as to whether to suspend the community notification	13442
requirement under this section for an offender, the judge shall	13443
consider all relevant factors, including, but not limited to, all	13444
of the following:	13445

(1) The offender's age;

13446

(2) The offender's prior criminal or delinquency record	13447
regarding all offenses, including, but not limited to, all	13448
sexually oriented offenses or child-victim oriented offenses;	13449

(3) The age of the victim of the sexually oriented offense or	13450
child-victim oriented offense the offender committed;	13451

(4) Whether the sexually oriented offense or child-victim	13452
oriented offense the offender committed involved multiple victims;	13453

(5) Whether the offender used drugs or alcohol to impair the	13454
victim of the sexually oriented offense or child-victim oriented	13455
offense the offender committed or to prevent the victim from	13456
resisting;	13457

(6) If the offender previously has been convicted of, pleaded	13458
guilty to, or been adjudicated a delinquent child for committing	13459
an act that if committed by an adult would be a criminal offense,	13460
whether the offender completed any sentence or dispositional order	13461
imposed for the prior offense or act and, if the prior offense or	13462
act was a sexually oriented offense or a child-victim oriented	13463
offense, whether the offender or delinquent child participated in	13464
available programs for sex offenders or child-victim offenders;	13465

(7) Any mental illness or mental disability of the offender;

13466

(8) The nature of the offender's sexual conduct, sexual	13467
contact, or interaction in a sexual context with the victim of the	13468
sexually oriented offense the offender committed or the nature of	13469
the offender's interaction in a sexual context with the victim of	13470
the child-victim oriented offense the offender committed,	13471
whichever is applicable, and whether the sexual conduct, sexual	13472
contact, or interaction in a sexual context was part of a	13473
demonstrated pattern of abuse;	13474

(9) Whether the offender, during the commission of the	13475
sexually oriented offense or child-victim oriented offense the	13476
offender committed, displayed cruelty or made one or more threats	13477
of cruelty;	13478

(10) Any additional behavioral characteristics that	13479
contribute to the offender's conduct.	13480

(L) As used in this section, "specified geographical	13481
notification area" means the geographic area or areas within which	13482
the attorney general, by rule adopted under section 2950.13 of the	13483
Revised Code, requires the notice described in division (B) of	13484
this section to be given to the persons identified in divisions	13485
(A)(2) to (8) of this section.	13486

Sec. 2950.13. (A) The attorney general shall do all of the	13487
following:	13488

(1) No later than July 1, 1997, establish and maintain a	13489
state registry of sex offenders and child-victim offenders that is	13490
housed at the bureau of criminal identification and investigation	13491
and that contains all of the registration, change of residence,	13492
school, institution of higher education, or place of employment	13493
address, and verification information the bureau receives pursuant	13494
to sections 2950.04, 2950.041, 2950.05, and 2950.06 of the Revised	13495
Code regarding each person who is convicted of, pleads guilty to,	13496
has been convicted of, or has pleaded guilty to a sexually	13497
oriented offense or a child-victim oriented offense and each	13498
person who is or has been adjudicated a delinquent child for	13499
committing a sexually oriented offense or a child-victim oriented	13500
offense and is classified a juvenile offender registrant or is an	13501
out-of-state juvenile offender registrant based on that	13502
adjudication, all of the information the bureau receives pursuant	13503
to section 2950.14 of the Revised Code, and any notice of an order	13504
terminating or modifying an offender's or delinquent child's duty	13505
to comply with sections 2950.04, 2950.041, 2950.05, and 2950.06 of	13506
the Revised Code the bureau receives pursuant to section 2152.84,	13507
2152.85, or 2950.15 of the Revised Code. For a person who was	13508
convicted of or pleaded guilty to the sexually oriented offense or	13509
child-victim related offense, the registry also shall indicate	13510
whether the person was convicted of or pleaded guilty to the	13511
offense in a criminal prosecution or in a serious youthful	13512
offender case. The registry shall not be open to inspection by the	13513
public or by any person other than a person identified in division	13514
(A) of section 2950.08 of the Revised Code. In addition to the	13515
information and material previously identified in this division,	13516
the registry shall include all of the following regarding each	13517
person who is listed in the registry:	13518

(a) A citation for, and the name of, all sexually oriented	13519
offenses or child-victim oriented offenses of which the person was	13520
convicted, to which the person pleaded guilty, or for which the	13521
person was adjudicated a delinquent child and that resulted in a	13522
registration duty, and the date on which those offenses were	13523
committed;	13524

(b) The text of the sexually oriented offenses or	13525
child-victim oriented offenses identified in division (A)(1)(a) of	13526
this section as those offenses existed at the time the person was	13527
convicted of, pleaded guilty to, or was adjudicated a delinquent	13528
child for committing those offenses, or a link to a database that	13529
sets forth the text of those offenses;	13530

(c) A statement as to whether the person is a tier I sex	13531
offender/child-victim offender, a tier II sex	13532
offender/child-victim offender, or a tier III sex	13533
offender/child-victim offender for the sexually oriented offenses	13534
or child-victim oriented offenses identified in division (A)(1)(a)	13535
of this section;	13536

(d) The community supervision status of the person,	13537
including, but not limited to, whether the person is serving a	13538
community control sanction and the nature of any such sanction,	13539
whether the person is under supervised release and the nature of	13540
the release, or regarding a juvenile, whether the juvenile is	13541
under any type of release authorized under Chapter 2152. or 5139.	13542
of the Revised Code and the nature of any such release;	13543

(e) The offense and delinquency history of the person, as	13544
determined from information gathered or provided under sections	13545
109.57 and 2950.14 of the Revised Code;	13546

(f) The bureau of criminal identification and investigation	13547
tracking number assigned to the person if one has been so	13548
assigned, the federal bureau of investigation number assigned to	13549
the person if one has been assigned and the bureau of criminal	13550
identification and investigation is aware of the number, and any	13551
other state identification number assigned to the person of which	13552
the bureau is aware;	13553

(g) Fingerprints and palmprints of the person;

13554

(h) A DNA specimen, as defined in section 109.573 of the	13555
Revised Code, from the person;	13556

(i) Whether the person has any outstanding arrest warrants;

13557

(j) Whether the person is in compliance with the person's	13558
duties under this chapter.	13559

(2) In consultation with local law enforcement	13560
representatives and no later than July 1, 1997, adopt rules that	13561
contain guidelines necessary for the implementation of this	13562
chapter;	13563

(3) In consultation with local law enforcement	13564
representatives, adopt rules for the implementation and	13565
administration of the provisions contained in section 2950.11 of	13566
the Revised Code that pertain to the notification of neighbors of	13567
an offender or a delinquent child who has committed a sexually	13568
oriented offense or a child-victim oriented offense and ~~and~~ is in	13569
a category specified in division (F)(1) of that section and rules	13570
that prescribe a manner in which victims of a sexually oriented	13571
offense or a child-victim oriented offense committed by an	13572
offender or a delinquent child who is in a category specified in	13573
division (B)(1) of section 2950.10 of the Revised Code may make a	13574
request that specifies that the victim would like to be provided	13575
the notices described in divisions (A)(1) and (2) of section	13576
2950.10 of the Revised Code;	13577

(4) In consultation with local law enforcement	13578
representatives and through the bureau of criminal identification	13579
and investigation, prescribe the forms to be used by judges and	13580
officials pursuant to section 2950.03 or 2950.032 of the Revised	13581
Code to advise offenders and delinquent children of their duties	13582
of filing a notice of intent to reside, registration, notification	13583
of a change of residence, school, institution of higher education,	13584
or place of employment address and registration of the new,	13585
school, institution of higher education, or place of employment	13586
address, as applicable, and address verification under sections	13587
2950.04, 2950.041, 2950.05, and 2950.06 of the Revised Code, and	13588
prescribe the forms to be used by sheriffs relative to those	13589
duties of filing a notice of intent to reside, registration,	13590
change of residence, school, institution of higher education, or	13591
place of employment address notification, and address	13592
verification;	13593

(5) Make copies of the forms prescribed under division (A)(4)	13594
of this section available to judges, officials, and sheriffs;	13595

(6) Through the bureau of criminal identification and	13596
investigation, provide the notifications, the information and	13597
materials, and the documents that the bureau is required to	13598
provide to appropriate law enforcement officials and to the	13599
federal bureau of investigation pursuant to sections 2950.04,	13600
2950.041, 2950.05, and 2950.06 of the Revised Code;	13601

(7) Through the bureau of criminal identification and	13602
investigation, maintain the verification forms returned under the	13603
address verification mechanism set forth in section 2950.06 of the	13604
Revised Code;	13605

(8) In consultation with representatives of the officials,	13606
judges, and sheriffs, adopt procedures for officials, judges, and	13607
sheriffs to use to forward information, photographs, and	13608
fingerprints to the bureau of criminal identification and	13609
investigation pursuant to the requirements of sections 2950.03,	13610
2950.04, 2950.041, 2950.05, 2950.06, and 2950.11 of the Revised	13611
Code;	13612

(9) In consultation with the director of education, the	13613
director of job and family services, and the director of	13614
rehabilitation and correction, adopt rules that contain guidelines	13615
to be followed by boards of education of a school district,	13616
chartered nonpublic schools or other schools not operated by a	13617
board of education, preschool programs, child day-care centers,	13618
type A family day-care homes, ~~certified~~licensed type B family	13619
day-care homes, and institutions of higher education regarding the	13620
proper use and administration of information received pursuant to	13621
section 2950.11 of the Revised Code relative to an offender or	13622
delinquent child who has committed a sexually oriented offense or	13623
a child-victim oriented offense and is in a category specified in	13624
division (F)(1) of that section;	13625

(10) In consultation with local law enforcement	13626
representatives and no later than July 1, 1997, adopt rules that	13627
designate a geographic area or areas within which the notice	13628
described in division (B) of section 2950.11 of the Revised Code	13629
must be given to the persons identified in divisions (A)(2) to (8)	13630
and (A)(10) of that section;	13631

(11) Through the bureau of criminal identification and	13632
investigation, not later than January 1, 2004, establish and	13633
operate on the internet a sex offender and child-victim offender	13634
database that contains information for every offender who has	13635
committed a sexually oriented offense or a child-victim oriented	13636
offense and registers in any county in this state pursuant to	13637
section 2950.04 or 2950.041 of the Revised Code and for every	13638
delinquent child who has committed a sexually oriented offense, is	13639
a public registry-qualified juvenile offender registrant, and	13640
registers in any county in this state pursuant to either such	13641
section. The bureau shall not include on the database the identity	13642
of any offender's or public registry-qualified juvenile offender	13643
registrant's victim, any offender's or public registry-qualified	13644
juvenile offender registrant's social security number, the name of	13645
any school or institution of higher education attended by any	13646
offender or public registry-qualified juvenile offender	13647
registrant, the name of the place of employment of any offender or	13648
public registry-qualified juvenile offender registrant, any	13649
tracking or identification number described in division (A)(1)(f)	13650
of this section, or any information described in division (C)(7)	13651
of section 2950.04 or 2950.041 of the Revised Code. The bureau	13652
shall provide on the database, for each offender and each public	13653
registry-qualified juvenile offender registrant, at least the	13654
information specified in divisions (A)(11)(a) to (h) of this	13655
section. Otherwise, the bureau shall determine the information to	13656
be provided on the database for each offender and public	13657
registry-qualified juvenile offender registrant and shall obtain	13658
that information from the information contained in the state	13659
registry of sex offenders and child-victim offenders described in	13660
division (A)(1) of this section, which information, while in the	13661
possession of the sheriff who provided it, is a public record open	13662
for inspection as described in section 2950.081 of the Revised	13663
Code. The database is a public record open for inspection under	13664
section 149.43 of the Revised Code, and it shall be searchable by	13665
offender or public registry-qualified juvenile offender registrant	13666
name, by county, by zip code, and by school district. The database	13667
shall provide a link to the web site of each sheriff who has	13668
established and operates on the internet a sex offender and	13669
child-victim offender database that contains information for	13670
offenders and public registry-qualified juvenile offender	13671
registrants who register in that county pursuant to section	13672
2950.04 or 2950.041 of the Revised Code, with the link being a	13673
direct link to the sex offender and child-victim offender database	13674
for the sheriff. The bureau shall provide on the database, for	13675
each offender and public registry-qualified juvenile offender	13676
registrant, at least the following information:	13677

(a) The information described in divisions (A)(1)(a), (b),	13678
(c), and (d) of this section relative to the offender or public	13679
registry-qualified juvenile offender registrant;	13680

(b) The address of the offender's or public	13681
registry-qualified juvenile offender registrant's school,	13682
institution of higher education, or place of employment provided	13683
in a registration form;	13684

(c) The information described in division (C)(6) of section	13685
2950.04 or 2950.041 of the Revised Code;	13686

(d) A chart describing which sexually oriented offenses and	13687
child-victim oriented offenses are included in the definitions of	13688
tier I sex offender/child-victim offender, tier II sex	13689
offender/child-victim offender, and tier III sex	13690
offender/child-victim offender;	13691

(e) Fingerprints and ~~palm prints~~palmprints of the offender	13692
or public registry-qualified juvenile offender registrant and a	13693
DNA specimen from the offender or public registry-qualified	13694
juvenile offender registrant;	13695

(f) The information set forth in division (B) of section	13696
2950.11 of the Revised Code;	13697

(g) Any outstanding arrest warrants for the offender or	13698
public registry-qualified juvenile offender registrant;	13699

(h) The offender's or public registry-qualified juvenile	13700
offender registrant's compliance status with duties under this	13701
chapter.	13702

(12) Develop software to be used by sheriffs in establishing	13703
on the internet a sex offender and child-victim offender database	13704
for the public dissemination of some or all of the information and	13705
materials described in division (A) of section 2950.081 of the	13706
Revised Code that are public records under that division, that are	13707
not prohibited from inclusion by division (B) of that section, and	13708
that pertain to offenders and public registry-qualified juvenile	13709
offender registrants who register in the sheriff's county pursuant	13710
to section 2950.04 or 2950.041 of the Revised Code and for the	13711
public dissemination of information the sheriff receives pursuant	13712
to section 2950.14 of the Revised Code and, upon the request of	13713
any sheriff, provide technical guidance to the requesting sheriff	13714
in establishing on the internet such a database;	13715

(13) Through the bureau of criminal identification and	13716
investigation, not later than January 1, 2004, establish and	13717
operate on the internet a database that enables local law	13718
enforcement representatives to remotely search by electronic means	13719
the state registry of sex offenders and child-victim offenders	13720
described in division (A)(1) of this section and any information	13721
and materials the bureau receives pursuant to sections 2950.04,	13722
2950.041, 2950.05, 2950.06, and 2950.14 of the Revised Code. The	13723
database shall enable local law enforcement representatives to	13724
obtain detailed information regarding each offender and delinquent	13725
child who is included in the registry, including, but not limited	13726
to the offender's or delinquent child's name, aliases, residence	13727
address, name and address of any place of employment, school,	13728
institution of higher education, if applicable, license plate	13729
number of each vehicle identified in division (C)(5) of section	13730
2950.04 or 2950.041 of the Revised Code to the extent applicable,	13731
victim preference if available, date of most recent release from	13732
confinement if applicable, fingerprints, and palmprints, all of	13733
the information and material described in ~~division~~divisions	13734
(A)(1)(a) to (h) of this section regarding the offender or	13735
delinquent child, and other identification parameters the bureau	13736
considers appropriate. The database is not a public record open	13737
for inspection under section 149.43 of the Revised Code and shall	13738
be available only to law enforcement representatives as described	13739
in this division. Information obtained by local law enforcement	13740
representatives through use of this database is not open to	13741
inspection by the public or by any person other than a person	13742
identified in division (A) of section 2950.08 of the Revised Code.	13743

(14) Through the bureau of criminal identification and	13744
investigation, maintain a list of requests for notice about a	13745
specified offender or delinquent child or specified geographical	13746
notification area made pursuant to division (J) of section 2950.11	13747
of the Revised Code and, when an offender or delinquent child	13748
changes residence to another county, forward any requests for	13749
information about that specific offender or delinquent child to	13750
the appropriate sheriff;	13751

(15) Through the bureau of criminal identification and	13752
investigation, establish and operate a system for the immediate	13753
notification by electronic means of the appropriate officials in	13754
other states specified in this division each time an offender or	13755
delinquent child registers a residence, school, institution of	13756
higher education, or place of employment address under section	13757
2950.04 or 2950.041 of the ~~revised~~Revised Code or provides a	13758
notice of a change of address or registers a new address under	13759
division (A) or (B) of section 2950.05 of the Revised Code. The	13760
immediate notification by electronic means shall be provided to	13761
the appropriate officials in each state in which the offender or	13762
delinquent child is required to register a residence, school,	13763
institution of higher education, or place of employment address.	13764
The notification shall contain the offender's or delinquent	13765
child's name and all of the information the bureau receives from	13766
the sheriff with whom the offender or delinquent child registered	13767
the address or provided the notice of change of address or	13768
registered the new address.	13769

(B) The attorney general in consultation with local law	13770
enforcement representatives, may adopt rules that establish one or	13771
more categories of neighbors of an offender or delinquent child	13772
who, in addition to the occupants of residential premises and	13773
other persons specified in division (A)(1) of section 2950.11 of	13774
the Revised Code, must be given the notice described in division	13775
(B) of that section.	13776

(C) No person, other than a local law enforcement	13777
representative, shall knowingly do any of the following:	13778

(1) Gain or attempt to gain access to the database	13779
established and operated by the attorney general, through the	13780
bureau of criminal identification and investigation, pursuant to	13781
division (A)(13) of this section.	13782

(2) Permit any person to inspect any information obtained	13783
through use of the database described in division (C)(1) of this	13784
section, other than as permitted under that division.	13785

(D) As used in this section, "local law enforcement	13786
representatives" means representatives of the sheriffs of this	13787
state, representatives of the municipal chiefs of police and	13788
marshals of this state, and representatives of the township	13789
constables and chiefs of police of the township police departments	13790
or police district police forces of this state.	13791

Sec. 3109.051. (A) If a divorce, dissolution, legal	13792
separation, or annulment proceeding involves a child and if the	13793
court has not issued a shared parenting decree, the court shall	13794
consider any mediation report filed pursuant to section 3109.052	13795
of the Revised Code and, in accordance with division (C) of this	13796
section, shall make a just and reasonable order or decree	13797
permitting each parent who is not the residential parent to have	13798
parenting time with the child at the time and under the conditions	13799
that the court directs, unless the court determines that it would	13800
not be in the best interest of the child to permit that parent to	13801
have parenting time with the child and includes in the journal its	13802
findings of fact and conclusions of law. Whenever possible, the	13803
order or decree permitting the parenting time shall ensure the	13804
opportunity for both parents to have frequent and continuing	13805
contact with the child, unless frequent and continuing contact by	13806
either parent with the child would not be in the best interest of	13807
the child. The court shall include in its final decree a specific	13808
schedule of parenting time for that parent. Except as provided in	13809
division (E)(6) of section 3113.31 of the Revised Code, if the	13810
court, pursuant to this section, grants parenting time to a parent	13811
or companionship or visitation rights to any other person with	13812
respect to any child, it shall not require the public children	13813
services agency to provide supervision of or other services	13814
related to that parent's exercise of parenting time or that	13815
person's exercise of companionship or visitation rights with	13816
respect to the child. This section does not limit the power of a	13817
juvenile court pursuant to Chapter 2151. of the Revised Code to	13818
issue orders with respect to children who are alleged to be	13819
abused, neglected, or dependent children or to make dispositions	13820
of children who are adjudicated abused, neglected, or dependent	13821
children or of a common pleas court to issue orders pursuant to	13822
section 3113.31 of the Revised Code.	13823

(B)(1) In a divorce, dissolution of marriage, legal	13824
separation, annulment, or child support proceeding that involves a	13825
child, the court may grant reasonable companionship or visitation	13826
rights to any grandparent, any person related to the child by	13827
consanguinity or affinity, or any other person other than a	13828
parent, if all of the following apply:	13829

(a) The grandparent, relative, or other person files a motion	13830
with the court seeking companionship or visitation rights.	13831

(b) The court determines that the grandparent, relative, or	13832
other person has an interest in the welfare of the child.	13833

(c) The court determines that the granting of the	13834
companionship or visitation rights is in the best interest of the	13835
child.	13836

(2) A motion may be filed under division (B)(1) of this	13837
section during the pendency of the divorce, dissolution of	13838
marriage, legal separation, annulment, or child support proceeding	13839
or, if a motion was not filed at that time or was filed at that	13840
time and the circumstances in the case have changed, at any time	13841
after a decree or final order is issued in the case.	13842

(C) When determining whether to grant parenting time rights	13843
to a parent pursuant to this section or section 3109.12 of the	13844
Revised Code or to grant companionship or visitation rights to a	13845
grandparent, relative, or other person pursuant to this section or	13846
section 3109.11 or 3109.12 of the Revised Code, when establishing	13847
a specific parenting time or visitation schedule, and when	13848
determining other parenting time matters under this section or	13849
section 3109.12 of the Revised Code or visitation matters under	13850
this section or section 3109.11 or 3109.12 of the Revised Code,	13851
the court shall consider any mediation report that is filed	13852
pursuant to section 3109.052 of the Revised Code and shall	13853
consider all other relevant factors, including, but not limited	13854
to, all of the factors listed in division (D) of this section. In	13855
considering the factors listed in division (D) of this section for	13856
purposes of determining whether to grant parenting time or	13857
visitation rights, establishing a specific parenting time or	13858
visitation schedule, determining other parenting time matters	13859
under this section or section 3109.12 of the Revised Code or	13860
visitation matters under this section or under section 3109.11 or	13861
3109.12 of the Revised Code, and resolving any issues related to	13862
the making of any determination with respect to parenting time or	13863
visitation rights or the establishment of any specific parenting	13864
time or visitation schedule, the court, in its discretion, may	13865
interview in chambers any or all involved children regarding their	13866
wishes and concerns. If the court interviews any child concerning	13867
the child's wishes and concerns regarding those parenting time or	13868
visitation matters, the interview shall be conducted in chambers,	13869
and no person other than the child, the child's attorney, the	13870
judge, any necessary court personnel, and, in the judge's	13871
discretion, the attorney of each parent shall be permitted to be	13872
present in the chambers during the interview. No person shall	13873
obtain or attempt to obtain from a child a written or recorded	13874
statement or affidavit setting forth the wishes and concerns of	13875
the child regarding those parenting time or visitation matters. A	13876
court, in considering the factors listed in division (D) of this	13877
section for purposes of determining whether to grant any parenting	13878
time or visitation rights, establishing a parenting time or	13879
visitation schedule, determining other parenting time matters	13880
under this section or section 3109.12 of the Revised Code or	13881
visitation matters under this section or under section 3109.11 or	13882
3109.12 of the Revised Code, or resolving any issues related to	13883
the making of any determination with respect to parenting time or	13884
visitation rights or the establishment of any specific parenting	13885
time or visitation schedule, shall not accept or consider a	13886
written or recorded statement or affidavit that purports to set	13887
forth the child's wishes or concerns regarding those parenting	13888
time or visitation matters.	13889

(D) In determining whether to grant parenting time to a	13890
parent pursuant to this section or section 3109.12 of the Revised	13891
Code or companionship or visitation rights to a grandparent,	13892
relative, or other person pursuant to this section or section	13893
3109.11 or 3109.12 of the Revised Code, in establishing a specific	13894
parenting time or visitation schedule, and in determining other	13895
parenting time matters under this section or section 3109.12 of	13896
the Revised Code or visitation matters under this section or	13897
section 3109.11 or 3109.12 of the Revised Code, the court shall	13898
consider all of the following factors:	13899

(1) The prior interaction and interrelationships of the child	13900
with the child's parents, siblings, and other persons related by	13901
consanguinity or affinity, and with the person who requested	13902
companionship or visitation if that person is not a parent,	13903
sibling, or relative of the child;	13904

(2) The geographical location of the residence of each parent	13905
and the distance between those residences, and if the person is	13906
not a parent, the geographical location of that person's residence	13907
and the distance between that person's residence and the child's	13908
residence;	13909

(3) The child's and parents' available time, including, but	13910
not limited to, each parent's employment schedule, the child's	13911
school schedule, and the child's and the parents' holiday and	13912
vacation schedule;	13913

(4) The age of the child;

13914

(5) The child's adjustment to home, school, and community;

13915

(6) If the court has interviewed the child in chambers,	13916
pursuant to division (C) of this section, regarding the wishes and	13917
concerns of the child as to parenting time by the parent who is	13918
not the residential parent or companionship or visitation by the	13919
grandparent, relative, or other person who requested companionship	13920
or visitation, as to a specific parenting time or visitation	13921
schedule, or as to other parenting time or visitation matters, the	13922
wishes and concerns of the child, as expressed to the court;	13923

(7) The health and safety of the child;

13924

(8) The amount of time that will be available for the child	13925
to spend with siblings;	13926

(9) The mental and physical health of all parties;

13927

(10) Each parent's willingness to reschedule missed parenting	13928
time and to facilitate the other parent's parenting time rights,	13929
and with respect to a person who requested companionship or	13930
visitation, the willingness of that person to reschedule missed	13931
visitation;	13932

(11) In relation to parenting time, whether either parent	13933
previously has been convicted of or pleaded guilty to any criminal	13934
offense involving any act that resulted in a child being an abused	13935
child or a neglected child; whether either parent, in a case in	13936
which a child has been adjudicated an abused child or a neglected	13937
child, previously has been determined to be the perpetrator of the	13938
abusive or neglectful act that is the basis of the adjudication;	13939
and whether there is reason to believe that either parent has	13940
acted in a manner resulting in a child being an abused child or a	13941
neglected child;	13942

(12) In relation to requested companionship or visitation by	13943
a person other than a parent, whether the person previously has	13944
been convicted of or pleaded guilty to any criminal offense	13945
involving any act that resulted in a child being an abused child	13946
or a neglected child; whether the person, in a case in which a	13947
child has been adjudicated an abused child or a neglected child,	13948
previously has been determined to be the perpetrator of the	13949
abusive or neglectful act that is the basis of the adjudication;	13950
whether either parent previously has been convicted of or pleaded	13951
guilty to a violation of section 2919.25 of the Revised Code	13952
involving a victim who at the time of the commission of the	13953
offense was a member of the family or household that is the	13954
subject of the current proceeding; whether either parent	13955
previously has been convicted of an offense involving a victim who	13956
at the time of the commission of the offense was a member of the	13957
family or household that is the subject of the current proceeding	13958
and caused physical harm to the victim in the commission of the	13959
offense; and whether there is reason to believe that the person	13960
has acted in a manner resulting in a child being an abused child	13961
or a neglected child;	13962

(13) Whether the residential parent or one of the parents	13963
subject to a shared parenting decree has continuously and	13964
willfully denied the other parent's right to parenting time in	13965
accordance with an order of the court;	13966

(14) Whether either parent has established a residence or is	13967
planning to establish a residence outside this state;	13968

(15) In relation to requested companionship or visitation by	13969
a person other than a parent, the wishes and concerns of the	13970
child's parents, as expressed by them to the court;	13971

(16) Any other factor in the best interest of the child.

13972

(E) The remarriage of a residential parent of a child does	13973
not affect the authority of a court under this section to grant	13974
parenting time rights with respect to the child to the parent who	13975
is not the residential parent or to grant reasonable companionship	13976
or visitation rights with respect to the child to any grandparent,	13977
any person related by consanguinity or affinity, or any other	13978
person.	13979

(F)(1) If the court, pursuant to division (A) of this	13980
section, denies parenting time to a parent who is not the	13981
residential parent or denies a motion for reasonable companionship	13982
or visitation rights filed under division (B) of this section and	13983
the parent or movant files a written request for findings of fact	13984
and conclusions of law, the court shall state in writing its	13985
findings of fact and conclusions of law in accordance with Civil	13986
Rule 52.	13987

(2) On or before July 1, 1991, each court of common pleas, by	13988
rule, shall adopt standard parenting time guidelines. A court	13989
shall have discretion to deviate from its standard parenting time	13990
guidelines based upon factors set forth in division (D) of this	13991
section.	13992

(G)(1) If the residential parent intends to move to a	13993
residence other than the residence specified in the parenting time	13994
order or decree of the court, the parent shall file a notice of	13995
intent to relocate with the court that issued the order or decree.	13996
Except as provided in divisions (G)(2), (3), and (4) of this	13997
section, the court shall send a copy of the notice to the parent	13998
who is not the residential parent. Upon receipt of the notice, the	13999
court, on its own motion or the motion of the parent who is not	14000
the residential parent, may schedule a hearing with notice to both	14001
parents to determine whether it is in the best interest of the	14002
child to revise the parenting time schedule for the child.	14003

(2) When a court grants parenting time rights to a parent who	14004
is not the residential parent, the court shall determine whether	14005
that parent has been convicted of or pleaded guilty to a violation	14006
of section 2919.25 of the Revised Code involving a victim who at	14007
the time of the commission of the offense was a member of the	14008
family or household that is the subject of the proceeding, has	14009
been convicted of or pleaded guilty to any other offense involving	14010
a victim who at the time of the commission of the offense was a	14011
member of the family or household that is the subject of the	14012
proceeding and caused physical harm to the victim in the	14013
commission of the offense, or has been determined to be the	14014
perpetrator of the abusive act that is the basis of an	14015
adjudication that a child is an abused child. If the court	14016
determines that that parent has not been so convicted and has not	14017
been determined to be the perpetrator of an abusive act that is	14018
the basis of a child abuse adjudication, the court shall issue an	14019
order stating that a copy of any notice of relocation that is	14020
filed with the court pursuant to division (G)(1) of this section	14021
will be sent to the parent who is given the parenting time rights	14022
in accordance with division (G)(1) of this section.	14023

If the court determines that the parent who is granted the	14024
parenting time rights has been convicted of or pleaded guilty to a	14025
violation of section 2919.25 of the Revised Code involving a	14026
victim who at the time of the commission of the offense was a	14027
member of the family or household that is the subject of the	14028
proceeding, has been convicted of or pleaded guilty to any other	14029
offense involving a victim who at the time of the commission of	14030
the offense was a member of the family or household that is the	14031
subject of the proceeding and caused physical harm to the victim	14032
in the commission of the offense, or has been determined to be the	14033
perpetrator of the abusive act that is the basis of an	14034
adjudication that a child is an abused child, it shall issue an	14035
order stating that that parent will not be given a copy of any	14036
notice of relocation that is filed with the court pursuant to	14037
division (G)(1) of this section unless the court determines that	14038
it is in the best interest of the children to give that parent a	14039
copy of the notice of relocation, issues an order stating that	14040
that parent will be given a copy of any notice of relocation filed	14041
pursuant to division (G)(1) of this section, and issues specific	14042
written findings of fact in support of its determination.	14043

(3) If a court, prior to April 11, 1991, issued an order	14044
granting parenting time rights to a parent who is not the	14045
residential parent and did not require the residential parent in	14046
that order to give the parent who is granted the parenting time	14047
rights notice of any change of address and if the residential	14048
parent files a notice of relocation pursuant to division (G)(1) of	14049
this section, the court shall determine if the parent who is	14050
granted the parenting time rights has been convicted of or pleaded	14051
guilty to a violation of section 2919.25 of the Revised Code	14052
involving a victim who at the time of the commission of the	14053
offense was a member of the family or household that is the	14054
subject of the proceeding, has been convicted of or pleaded guilty	14055
to any other offense involving a victim who at the time of the	14056
commission of the offense was a member of the family or household	14057
that is the subject of the proceeding and caused physical harm to	14058
the victim in the commission of the offense, or has been	14059
determined to be the perpetrator of the abusive act that is the	14060
basis of an adjudication that a child is an abused child. If the	14061
court determines that the parent who is granted the parenting time	14062
rights has not been so convicted and has not been determined to be	14063
the perpetrator of an abusive act that is the basis of a child	14064
abuse adjudication, the court shall issue an order stating that a	14065
copy of any notice of relocation that is filed with the court	14066
pursuant to division (G)(1) of this section will be sent to the	14067
parent who is granted parenting time rights in accordance with	14068
division (G)(1) of this section.	14069

If the court determines that the parent who is granted the	14070
parenting time rights has been convicted of or pleaded guilty to a	14071
violation of section 2919.25 of the Revised Code involving a	14072
victim who at the time of the commission of the offense was a	14073
member of the family or household that is the subject of the	14074
proceeding, has been convicted of or pleaded guilty to any other	14075
offense involving a victim who at the time of the commission of	14076
the offense was a member of the family or household that is the	14077
subject of the proceeding and caused physical harm to the victim	14078
in the commission of the offense, or has been determined to be the	14079
perpetrator of the abusive act that is the basis of an	14080
adjudication that a child is an abused child, it shall issue an	14081
order stating that that parent will not be given a copy of any	14082
notice of relocation that is filed with the court pursuant to	14083
division (G)(1) of this section unless the court determines that	14084
it is in the best interest of the children to give that parent a	14085
copy of the notice of relocation, issues an order stating that	14086
that parent will be given a copy of any notice of relocation filed	14087
pursuant to division (G)(1) of this section, and issues specific	14088
written findings of fact in support of its determination.	14089

(4) If a parent who is granted parenting time rights pursuant	14090
to this section or any other section of the Revised Code is	14091
authorized by an order issued pursuant to this section or any	14092
other court order to receive a copy of any notice of relocation	14093
that is filed pursuant to division (G)(1) of this section or	14094
pursuant to court order, if the residential parent intends to move	14095
to a residence other than the residence address specified in the	14096
parenting time order, and if the residential parent does not want	14097
the parent who is granted the parenting time rights to receive a	14098
copy of the relocation notice because the parent with parenting	14099
time rights has been convicted of or pleaded guilty to a violation	14100
of section 2919.25 of the Revised Code involving a victim who at	14101
the time of the commission of the offense was a member of the	14102
family or household that is the subject of the proceeding, has	14103
been convicted of or pleaded guilty to any other offense involving	14104
a victim who at the time of the commission of the offense was a	14105
member of the family or household that is the subject of the	14106
proceeding and caused physical harm to the victim in the	14107
commission of the offense, or has been determined to be the	14108
perpetrator of the abusive act that is the basis of an	14109
adjudication that a child is an abused child, the residential	14110
parent may file a motion with the court requesting that the parent	14111
who is granted the parenting time rights not receive a copy of any	14112
notice of relocation. Upon the filing of the motion, the court	14113
shall schedule a hearing on the motion and give both parents	14114
notice of the date, time, and location of the hearing. If the	14115
court determines that the parent who is granted the parenting time	14116
rights has been so convicted or has been determined to be the	14117
perpetrator of an abusive act that is the basis of a child abuse	14118
adjudication, the court shall issue an order stating that the	14119
parent who is granted the parenting time rights will not be given	14120
a copy of any notice of relocation that is filed with the court	14121
pursuant to division (G)(1) of this section or that the	14122
residential parent is no longer required to give that parent a	14123
copy of any notice of relocation unless the court determines that	14124
it is in the best interest of the children to give that parent a	14125
copy of the notice of relocation, issues an order stating that	14126
that parent will be given a copy of any notice of relocation filed	14127
pursuant to division (G)(1) of this section, and issues specific	14128
written findings of fact in support of its determination. If it	14129
does not so find, it shall dismiss the motion.	14130

(H)(1) Subject to section 3125.16 and division (F) of section	14131
3319.321 of the Revised Code, a parent of a child who is not the	14132
residential parent of the child is entitled to access, under the	14133
same terms and conditions under which access is provided to the	14134
residential parent, to any record that is related to the child and	14135
to which the residential parent of the child legally is provided	14136
access, unless the court determines that it would not be in the	14137
best interest of the child for the parent who is not the	14138
residential parent to have access to the records under those same	14139
terms and conditions. If the court determines that the parent of a	14140
child who is not the residential parent should not have access to	14141
records related to the child under the same terms and conditions	14142
as provided for the residential parent, the court shall specify	14143
the terms and conditions under which the parent who is not the	14144
residential parent is to have access to those records, shall enter	14145
its written findings of facts and opinion in the journal, and	14146
shall issue an order containing the terms and conditions to both	14147
the residential parent and the parent of the child who is not the	14148
residential parent. The court shall include in every order issued	14149
pursuant to this division notice that any keeper of a record who	14150
knowingly fails to comply with the order or division (H) of this	14151
section is in contempt of court.	14152

(2) Subject to section 3125.16 and division (F) of section	14153
3319.321 of the Revised Code, subsequent to the issuance of an	14154
order under division (H)(1) of this section, the keeper of any	14155
record that is related to a particular child and to which the	14156
residential parent legally is provided access shall permit the	14157
parent of the child who is not the residential parent to have	14158
access to the record under the same terms and conditions under	14159
which access is provided to the residential parent, unless the	14160
residential parent has presented the keeper of the record with a	14161
copy of an order issued under division (H)(1) of this section that	14162
limits the terms and conditions under which the parent who is not	14163
the residential parent is to have access to records pertaining to	14164
the child and the order pertains to the record in question. If the	14165
residential parent presents the keeper of the record with a copy	14166
of that type of order, the keeper of the record shall permit the	14167
parent who is not the residential parent to have access to the	14168
record only in accordance with the most recent order that has been	14169
issued pursuant to division (H)(1) of this section and presented	14170
to the keeper by the residential parent or the parent who is not	14171
the residential parent. Any keeper of any record who knowingly	14172
fails to comply with division (H) of this section or with any	14173
order issued pursuant to division (H)(1) of this section is in	14174
contempt of court.	14175

(3) The prosecuting attorney of any county may file a	14176
complaint with the court of common pleas of that county requesting	14177
the court to issue a protective order preventing the disclosure	14178
pursuant to division (H)(1) or (2) of this section of any	14179
confidential law enforcement investigatory record. The court shall	14180
schedule a hearing on the motion and give notice of the date,	14181
time, and location of the hearing to all parties.	14182

(I) A court that issues a parenting time order or decree	14183
pursuant to this section or section 3109.12 of the Revised Code	14184
shall determine whether the parent granted the right of parenting	14185
time is to be permitted access, in accordance with section	14186
~~5104.011~~5104.039 of the Revised Code, to any child day-care	14187
center that is, or that in the future may be, attended by the	14188
children with whom the right of parenting time is granted. Unless	14189
the court determines that the parent who is not the residential	14190
parent should not have access to the center to the same extent	14191
that the residential parent is granted access to the center, the	14192
parent who is not the residential parent and who is granted	14193
parenting time rights is entitled to access to the center to the	14194
same extent that the residential parent is granted access to the	14195
center. If the court determines that the parent who is not the	14196
residential parent should not have access to the center to the	14197
same extent that the residential parent is granted such access	14198
under ~~division (C) of~~ section ~~5104.011~~5104.039 of the Revised	14199
Code, the court shall specify the terms and conditions under which	14200
the parent who is not the residential parent is to have access to	14201
the center, provided that the access shall not be greater than the	14202
access that is provided to the residential parent under ~~division~~	14203
~~(C) of~~ section ~~5104.011~~5104.039 of the Revised Code, the court	14204
shall enter its written findings of fact and opinions in the	14205
journal, and the court shall include the terms and conditions of	14206
access in the parenting time order or decree.	14207

(J)(1) Subject to division (F) of section 3319.321 of the	14208
Revised Code, when a court issues an order or decree allocating	14209
parental rights and responsibilities for the care of a child, the	14210
parent of the child who is not the residential parent of the child	14211
is entitled to access, under the same terms and conditions under	14212
which access is provided to the residential parent, to any student	14213
activity that is related to the child and to which the residential	14214
parent of the child legally is provided access, unless the court	14215
determines that it would not be in the best interest of the child	14216
to grant the parent who is not the residential parent access to	14217
the student activities under those same terms and conditions. If	14218
the court determines that the parent of the child who is not the	14219
residential parent should not have access to any student activity	14220
that is related to the child under the same terms and conditions	14221
as provided for the residential parent, the court shall specify	14222
the terms and conditions under which the parent who is not the	14223
residential parent is to have access to those student activities,	14224
shall enter its written findings of facts and opinion in the	14225
journal, and shall issue an order containing the terms and	14226
conditions to both the residential parent and the parent of the	14227
child who is not the residential parent. The court shall include	14228
in every order issued pursuant to this division notice that any	14229
school official or employee who knowingly fails to comply with the	14230
order or division (J) of this section is in contempt of court.	14231

(2) Subject to division (F) of section 3319.321 of the	14232
Revised Code, subsequent to the issuance of an order under	14233
division (J)(1) of this section, all school officials and	14234
employees shall permit the parent of the child who is not the	14235
residential parent to have access to any student activity under	14236
the same terms and conditions under which access is provided to	14237
the residential parent of the child, unless the residential parent	14238
has presented the school official or employee, the board of	14239
education of the school, or the governing body of the chartered	14240
nonpublic school with a copy of an order issued under division	14241
(J)(1) of this section that limits the terms and conditions under	14242
which the parent who is not the residential parent is to have	14243
access to student activities related to the child and the order	14244
pertains to the student activity in question. If the residential	14245
parent presents the school official or employee, the board of	14246
education of the school, or the governing body of the chartered	14247
nonpublic school with a copy of that type of order, the school	14248
official or employee shall permit the parent who is not the	14249
residential parent to have access to the student activity only in	14250
accordance with the most recent order that has been issued	14251
pursuant to division (J)(1) of this section and presented to the	14252
school official or employee, the board of education of the school,	14253
or the governing body of the chartered nonpublic school by the	14254
residential parent or the parent who is not the residential	14255
parent. Any school official or employee who knowingly fails to	14256
comply with division (J) of this section or with any order issued	14257
pursuant to division (J)(1) of this section is in contempt of	14258
court.	14259

(K) If any person is found in contempt of court for failing	14260
to comply with or interfering with any order or decree granting	14261
parenting time rights issued pursuant to this section or section	14262
3109.12 of the Revised Code or companionship or visitation rights	14263
issued pursuant to this section, section 3109.11 or 3109.12 of the	14264
Revised Code, or any other provision of the Revised Code, the	14265
court that makes the finding, in addition to any other penalty or	14266
remedy imposed, shall assess all court costs arising out of the	14267
contempt proceeding against the person and require the person to	14268
pay any reasonable attorney's fees of any adverse party, as	14269
determined by the court, that arose in relation to the act of	14270
contempt, and may award reasonable compensatory parenting time or	14271
visitation to the person whose right of parenting time or	14272
visitation was affected by the failure or interference if such	14273
compensatory parenting time or visitation is in the best interest	14274
of the child. Any compensatory parenting time or visitation	14275
awarded under this division shall be included in an order issued	14276
by the court and, to the extent possible, shall be governed by the	14277
same terms and conditions as was the parenting time or visitation	14278
that was affected by the failure or interference.	14279

(L) Any parent who requests reasonable parenting time rights	14280
with respect to a child under this section or section 3109.12 of	14281
the Revised Code or any person who requests reasonable	14282
companionship or visitation rights with respect to a child under	14283
this section, section 3109.11 or 3109.12 of the Revised Code, or	14284
any other provision of the Revised Code may file a motion with the	14285
court requesting that it waive all or any part of the costs that	14286
may accrue in the proceedings. If the court determines that the	14287
movant is indigent and that the waiver is in the best interest of	14288
the child, the court, in its discretion, may waive payment of all	14289
or any part of the costs of those proceedings.	14290

(M)(1) A parent who receives an order for active military	14291
service in the uniformed services and who is subject to a	14292
parenting time order may apply to the court for any of the	14293
following temporary orders for the period extending from the date	14294
of the parent's departure to the date of return:	14295

(a) An order delegating all or part of the parent's parenting	14296
time with the child to a relative or to another person who has a	14297
close and substantial relationship with the child if the	14298
delegation is in the child's best interest;	14299

(b) An order that the other parent make the child reasonably	14300
available for parenting time with the parent when the parent is on	14301
leave from active military service;	14302

(c) An order that the other parent facilitate contact,	14303
including telephone and electronic contact, between the parent and	14304
child while the parent is on active military service.	14305

(2)(a) Upon receipt of an order for active military service,	14306
a parent who is subject to a parenting time order and seeks an	14307
order under division (M)(1) of this section shall notify the other	14308
parent who is subject to the parenting time order and apply to the	14309
court as soon as reasonably possible after receipt of the order	14310
for active military service. The application shall include the	14311
date on which the active military service begins.	14312

(b) The court shall schedule a hearing upon receipt of an	14313
application under division (M) of this section and hold the	14314
hearing not later than thirty days after its receipt, except that	14315
the court shall give the case calendar priority and handle the	14316
case expeditiously if exigent circumstances exist in the case. No	14317
hearing shall be required if both parents agree to the terms of	14318
the requested temporary order and the court determines that the	14319
order is in the child's best interest.	14320

(c) In determining whether a delegation under division	14321
(M)(1)(a) of this section is in the child's best interest, the	14322
court shall consider all relevant factors, including the factors	14323
set forth in division (D) of this section.	14324

(d) An order delegating all or part of the parent's parenting	14325
time pursuant to division (M)(1)(a) of this section does not	14326
create standing on behalf of the person to whom parenting time is	14327
delegated to assert visitation or companionship rights independent	14328
of the order.	14329

(3) At the request of a parent who is ordered for active	14330
military service in the uniformed services and who is a subject of	14331
a proceeding pertaining to a parenting time order or pertaining to	14332
a request for companionship rights or visitation with a child, the	14333
court shall permit the parent to participate in the proceeding and	14334
present evidence by electronic means, including communication by	14335
telephone, video, or internet to the extent permitted by rules of	14336
the supreme court of Ohio.	14337

(N) The juvenile court has exclusive jurisdiction to enter	14338
the orders in any case certified to it from another court.	14339

(O) As used in this section:

14340

(1) "Abused child" has the same meaning as in section	14341
2151.031 of the Revised Code, and "neglected child" has the same	14342
meaning as in section 2151.03 of the Revised Code.	14343

(2) "Active military service" and "uniformed services" have	14344
the same meanings as in section 3109.04 of the Revised Code.	14345

(3) "Confidential law enforcement investigatory record" has	14346
the same meaning as in section 149.43 of the Revised Code.	14347

(4) "Parenting time order" means an order establishing the	14348
amount of time that a child spends with the parent who is not the	14349
residential parent or the amount of time that the child is to be	14350
physically located with a parent under a shared parenting order.	14351

(5) "Record" means any record, document, file, or other	14352
material that contains information directly related to a child,	14353
including, but not limited to, any of the following:	14354

(a) Records maintained by public and nonpublic schools;

14355

(b) Records maintained by facilities that provide child care,	14356
as defined in section 5104.01 of the Revised Code, publicly funded	14357
child care, as defined in section 5104.01 of the Revised Code, or	14358
pre-school services operated by or under the supervision of a	14359
school district board of education or a nonpublic school;	14360

(c) Records maintained by hospitals, other facilities, or	14361
persons providing medical or surgical care or treatment for the	14362
child;	14363

(d) Records maintained by agencies, departments,	14364
instrumentalities, or other entities of the state or any political	14365
subdivision of the state, other than a child support enforcement	14366
agency. Access to records maintained by a child support	14367
enforcement agency is governed by section 3125.16 of the Revised	14368
Code.	14369

Sec. 3701.63. (A) As used in this section and section 3701.64	14370
of the Revised Code:	14371

(1) "Child day-care center," "type A family day-care home,"	14372
and "~~certified~~licensed type B family day-care home" have the same	14373
meanings as in section 5104.01 of the Revised Code.	14374

(2) "Child care facility" means a child day-care center, a	14375
type A family day-care home, or a ~~certified~~licensed type B family	14376
day-care home.	14377

(3) "Freestanding birthing center" has the same meaning as in	14378
section 3702.51 of the Revised Code.	14379

(4) "Hospital" means a hospital classified pursuant to rules	14380
adopted under section 3701.07 of the Revised Code as a general	14381
hospital or children's hospital.	14382

(5) "Maternity unit" means any unit or place in a hospital	14383
where women are regularly received and provided care during all or	14384
part of the maternity cycle, except that "maternity unit" does not	14385
include an emergency department or similar place dedicated to	14386
providing emergency health care.	14387

(6) "Parent" means either parent, unless the parents are	14388
separated or divorced or their marriage has been dissolved or	14389
annulled, in which case "parent" means the parent who is the	14390
residential parent and legal custodian of the child. "Parent" also	14391
means a prospective adoptive parent with whom a child is placed.	14392

(7) "Shaken ~~Baby Syndrome~~baby syndrome" means signs and	14393
symptoms, including, but not limited to, retinal hemorrhages in	14394
one or both eyes, subdural hematoma, or brain swelling, resulting	14395
from the violent shaking or the shaking and impacting of the head	14396
of an infant or small child.	14397

(B) The director of health shall establish the shaken baby	14398
syndrome education program by doing all of the following:	14399

(1) By not later than one year after February 29, 2008,	14400
developing educational materials that present readily	14401
comprehendible information on shaken baby syndrome;	14402

(2) Making available on the department of health web site in	14403
an easily accessible format the educational materials developed	14404
under division (B)(1) of this section;	14405

(3) Beginning in 2009, annually assessing the effectiveness	14406
of the shaken baby syndrome education program by evaluating the	14407
reports received pursuant to section 5101.135 of the Revised Code.	14408

(C) In meeting the requirements under division (B) of this	14409
section, the director shall not develop educational materials that	14410
will impose an administrative or financial burden on any of the	14411
entities or persons listed in section 3701.64 of the Revised Code.	14412

Sec. 3737.22. (A) The fire marshal shall do all of the	14413
following:	14414

(1) Adopt the state fire code under sections 3737.82 to	14415
3737.86 of the Revised Code;	14416

(2) Enforce the state fire code;

14417

(3) Appoint assistant fire marshals who are authorized to	14418
enforce the state fire code;	14419

(4) Conduct investigations into the cause, origin, and	14420
circumstances of fires and explosions, and assist in the	14421
prosecution of persons believed to be guilty of arson or a similar	14422
crime;	14423

(5) Compile statistics concerning loss due to fire and	14424
explosion as the fire marshal considers necessary, and consider	14425
the compatibility of the fire marshal's system of compilation with	14426
the systems of other state and federal agencies and fire marshals	14427
of other states;	14428

(6) Engage in research on the cause and prevention of losses	14429
due to fire and explosion;	14430

(7) Engage in public education and informational activities	14431
which will inform the public of fire safety information;	14432

(8) Operate a fire training academy and forensic laboratory;

14433

(9) Conduct other fire safety and fire fighting training	14434
activities for the public and groups as will further the cause of	14435
fire safety;	14436

(10) Conduct licensing examinations, and issue permits,	14437
licenses, and certificates, as authorized by the Revised Code;	14438

(11) Conduct tests of fire protection systems and devices,	14439
and fire fighting equipment to determine compliance with the state	14440
fire code, unless a building is insured against the hazard of	14441
fire, in which case such tests may be performed by the company	14442
insuring the building;	14443

(12) Establish and collect fees for conducting licensing	14444
examinations and for issuing permits, licenses, and certificates;	14445

(13) Make available for the prosecuting attorney and an	14446
assistant prosecuting attorney from each county of this state, in	14447
accordance with section 3737.331 of the Revised Code, a seminar	14448
program, attendance at which is optional, that is designed to	14449
provide current information, data, training, and techniques	14450
relative to the prosecution of arson cases;	14451

(14) Administer and enforce Chapter 3743. of the Revised	14452
Code;	14453

(15) Develop a uniform standard for the reporting of	14454
information required to be filed under division (E)(4) of section	14455
2921.22 of the Revised Code, and accept the reports of the	14456
information when they are filed.	14457

(B) The fire marshal shall appoint a chief deputy fire	14458
marshal, and shall employ professional and clerical assistants as	14459
the fire marshal considers necessary. The chief deputy shall be a	14460
competent former or current member of a fire agency and possess	14461
five years of recent, progressively more responsible experience in	14462
fire inspection, fire code enforcement, and fire code management.	14463
The chief deputy, with the approval of the director of commerce,	14464
shall temporarily assume the duties of the fire marshal when the	14465
fire marshal is absent or temporarily unable to carry out the	14466
duties of the office. When there is a vacancy in the office of	14467
fire marshal, the chief deputy, with the approval of the director	14468
of commerce, shall temporarily assume the duties of the fire	14469
marshal until a new fire marshal is appointed under section	14470
3737.21 of the Revised Code.	14471

All employees, other than the fire marshal; the chief deputy	14472
fire marshal; the superintendent of the Ohio fire academy; the	14473
grants administrator; the fiscal officer; the executive secretary	14474
to the fire marshal; legal counsel; the pyrotechnics	14475
administrator, the chief of the forensic laboratory; the person	14476
appointed by the fire marshal to serve as administrator over	14477
functions concerning testing, license examinations, and the	14478
issuance of permits and certificates; and the chiefs of the	14479
bureaus of fire prevention, of fire and explosion investigation,	14480
of code enforcement, and of underground storage tanks shall be in	14481
the classified civil service. The fire marshal shall authorize the	14482
chief deputy and other employees under the fire marshal's	14483
supervision to exercise powers granted to the fire marshal by law	14484
as may be necessary to carry out the duties of the fire marshal's	14485
office.	14486

(C) The fire marshal shall create, in and as a part of the	14487
office of fire marshal, a fire and explosion investigation bureau	14488
consisting of a chief of the bureau and additional assistant fire	14489
marshals as the fire marshal determines necessary for the	14490
efficient administration of the bureau. The chief shall be	14491
experienced in the investigation of the cause, origin, and	14492
circumstances of fires, and in administration, including the	14493
supervision of subordinates. The chief, among other duties	14494
delegated to the chief by the fire marshal, shall be responsible,	14495
under the direction of the fire marshal, for the investigation of	14496
the cause, origin, and circumstances of fires and explosions in	14497
the state, and for assistance in the prosecution of persons	14498
believed to be guilty of arson or a similar crime.	14499

(D)(1) The fire marshal shall create, as part of the office	14500
of fire marshal, a bureau of code enforcement consisting of a	14501
chief of the bureau and additional assistant fire marshals as the	14502
fire marshal determines necessary for the efficient administration	14503
of the bureau. The chief shall be qualified, by education or	14504
experience, in fire inspection, fire code development, fire code	14505
enforcement, or any other similar field determined by the fire	14506
marshal, and in administration, including the supervision of	14507
subordinates. The chief is responsible, under the direction of the	14508
fire marshal, for fire inspection, fire code development, fire	14509
code enforcement, and any other duties delegated to the chief by	14510
the fire marshal.	14511

(2) The fire marshal, the chief deputy fire marshal, the	14512
chief of the bureau of code enforcement, or any assistant fire	14513
marshal under the direction of the fire marshal, the chief deputy	14514
fire marshal, or the chief of the bureau of code enforcement may	14515
cause to be conducted the inspection of all buildings, structures,	14516
and other places, the condition of which may be dangerous from a	14517
fire safety standpoint to life or property, or to property	14518
adjacent to the buildings, structures, or other places.	14519

(E) The fire marshal shall create, as a part of the office of	14520
fire marshal, a bureau of fire prevention consisting of a chief of	14521
the bureau and additional assistant fire marshals as the fire	14522
marshal determines necessary for the efficient administration of	14523
the bureau. The chief shall be qualified, by education or	14524
experience, to promote programs for rural and urban fire	14525
prevention and protection. The chief, among other duties delegated	14526
to the chief by the fire marshal, is responsible, under the	14527
direction of the fire marshal, for the promotion of rural and	14528
urban fire prevention and protection through public information	14529
and education programs.	14530

(F) The fire marshal shall cooperate with the director of job	14531
and family services when the director adopts rules under section	14532
5104.052 of the Revised Code regarding fire prevention and fire	14533
safety in ~~certified~~licensed type B family day-care homes, as	14534
defined in section 5104.01 of the Revised Code, recommend	14535
procedures for inspecting type B homes to determine whether they	14536
are in compliance with those rules, and provide training and	14537
technical assistance to the director and county directors of job	14538
and family services on the procedures for determining compliance	14539
with those rules.	14540

(G) The fire marshal, upon request of a provider of child	14541
care in a type B home that is not ~~certified~~licensed by the ~~county~~	14542
director of job and family services, as a precondition of approval	14543
by the state board of education under section 3313.813 of the	14544
Revised Code for receipt of United States department of	14545
agriculture child and adult care food program funds established	14546
under the "National School Lunch Act," 60 Stat. 230 (1946), 42	14547
U.S.C. 1751, as amended, shall inspect the type B home to	14548
determine compliance with rules adopted under section 5104.052 of	14549
the Revised Code regarding fire prevention and fire safety in	14550
~~certified~~licensed type B homes. In municipal corporations and in	14551
townships where there is a certified fire safety inspector, the	14552
inspections shall be made by that inspector under the supervision	14553
of the fire marshal, according to rules adopted under section	14554
5104.052 of the Revised Code. In townships outside municipal	14555
corporations where there is no certified fire safety inspector,	14556
inspections shall be made by the fire marshal.	14557

Sec. 3742.01. As used in this chapter:

14558

(A) "Board of health" means the board of health of a city or	14559
general health district or the authority having the duties of a	14560
board of health under section 3709.05 of the Revised Code.	14561

(B) "Child care facility" means each area of any of the	14562
following in which child care, as defined in section 5104.01 of	14563
the Revised Code, is provided to children under six years of age:	14564

(1) A child day-care center, type A family day-care home, or	14565
type B family day-care home as defined in section 5104.01 of the	14566
Revised Code;	14567

(2) ~~A type C family day-care home authorized to provide child~~	14568
~~care by Sub. H.B. 62 of the 121st general assembly, as amended by~~	14569
~~Am. Sub. S.B. 160 of the 121st general assembly and Sub. H.B. 407~~	14570
~~of the 123rd general assembly;~~	14571

~~(3)~~ A preschool program or school child program as defined in	14572
section 3301.52 of the Revised Code.	14573

(C) "Clearance examination" means an examination to determine	14574
whether the lead hazards in a residential unit, child care	14575
facility, or school have been sufficiently controlled. A clearance	14576
examination includes a visual assessment, collection, and analysis	14577
of environmental samples.	14578

(D) "Clearance technician" means a person, other than a	14579
licensed lead inspector or licensed lead risk assessor, who	14580
performs a clearance examination.	14581

(E) "Clinical laboratory" means a facility for the	14582
biological, microbiological, serological, chemical,	14583
immunohematological, hematological, biophysical, cytological,	14584
pathological, or other examination of substances derived from the	14585
human body for the purpose of providing information for the	14586
diagnosis, prevention, or treatment of any disease, or in the	14587
assessment or impairment of the health of human beings. "Clinical	14588
laboratory" does not include a facility that only collects or	14589
prepares specimens, or serves as a mailing service, and does not	14590
perform testing.	14591

(F) "Encapsulation" means the coating and sealing of surfaces	14592
with durable surface coating specifically formulated to be	14593
elastic, able to withstand sharp and blunt impacts, long-lasting,	14594
and resilient, while also resistant to cracking, peeling, algae,	14595
fungus, and ultraviolet light, so as to prevent any part of	14596
lead-containing paint from becoming part of house dust or	14597
otherwise accessible to children.	14598

(G) "Enclosure" means the resurfacing or covering of surfaces	14599
with durable materials such as wallboard or paneling, and the	14600
sealing or caulking of edges and joints, so as to prevent or	14601
control chalking, flaking, peeling, scaling, or loose	14602
lead-containing substances from becoming part of house dust or	14603
otherwise accessible to children.	14604

(H) "Environmental lead analytical laboratory" means a	14605
facility that analyzes air, dust, soil, water, paint, film, or	14606
other substances, other than substances derived from the human	14607
body, for the presence and concentration of lead.	14608

(I) "HEPA" means the designation given to a product, device,	14609
or system that has been equipped with a high-efficiency	14610
particulate air filter, which is a filter capable of removing	14611
particles of 0.3 microns or larger from air at 99.97 per cent or	14612
greater efficiency.	14613

(J) "Interim controls" means a set of measures designed to	14614
reduce temporarily human exposure or likely human exposure to lead	14615
hazards. Interim controls include specialized cleaning, repairs,	14616
painting, temporary containment, ongoing lead hazard maintenance	14617
activities, and the establishment and operation of management and	14618
resident education programs.	14619

(K)(1) "Lead abatement" means a measure or set of measures	14620
designed for the single purpose of permanently eliminating lead	14621
hazards. "Lead abatement" includes all of the following:	14622

(a) Removal of lead-based paint and lead-contaminated dust;

14623

(b) Permanent enclosure or encapsulation of lead-based paint;

14624

(c) Replacement of surfaces or fixtures painted with	14625
lead-based paint;	14626

(d) Removal or permanent covering of lead-contaminated soil;

14627

(e) Preparation, cleanup, and disposal activities associated	14628
with lead abatement.	14629

(2) "Lead abatement" does not include any of the following:

14630

(a) Preventive treatments performed pursuant to section	14631
3742.41 of the Revised Code;	14632

(b) Implementation of interim controls;

14633

(c) Activities performed by a property owner on a residential	14634
unit to which both of the following apply:	14635

(i) It is a freestanding single-family home used as the	14636
property owner's private residence.	14637

(ii) No child under six years of age who has lead poisoning	14638
resides in the unit.	14639

(L) "Lead abatement contractor" means any individual who	14640
engages in or intends to engage in lead abatement and employs or	14641
supervises one or more lead abatement workers, including on-site	14642
supervision of lead abatement projects, or prepares	14643
specifications, plans, or documents for a lead abatement project.	14644

(M) "Lead abatement project" means one or more lead abatement	14645
activities that are conducted by a lead abatement contractor and	14646
are reasonably related to each other.	14647

(N) "Lead abatement project designer" means a person who is	14648
responsible for designing lead abatement projects and preparing a	14649
pre-abatement plan for all designed projects.	14650

(O) "Lead abatement worker" means an individual who is	14651
responsible in a nonsupervisory capacity for the performance of	14652
lead abatement.	14653

(P) "Lead-based paint" means any paint or other similar	14654
surface-coating substance containing lead at or in excess of the	14655
level that is hazardous to human health as established by rule of	14656
the public health council under section 3742.50 of the Revised	14657
Code.	14658

(Q) "Lead-contaminated dust" means dust that contains an area	14659
or mass concentration of lead at or in excess of the level that is	14660
hazardous to human health as established by rule of the public	14661
health council under section 3742.50 of the Revised Code.	14662

(R) "Lead-contaminated soil" means soil that contains lead at	14663
or in excess of the level that is hazardous to human health as	14664
established by rule of the public health council under section	14665
3742.50 of the Revised Code.	14666

(S) "Lead hazard" means material that is likely to cause lead	14667
exposure and endanger an individual's health as determined by the	14668
public health council in rules adopted under section 3742.50 of	14669
the Revised Code. "Lead hazard" includes lead-based paint,	14670
lead-contaminated dust, lead-contaminated soil, and	14671
lead-contaminated water pipes.	14672

(T) "Lead inspection" means a surface-by-surface	14673
investigation to determine the presence of lead-based paint. The	14674
inspection shall use a sampling or testing technique approved by	14675
the public health council in rules adopted by the council under	14676
section 3742.03 of the Revised Code. A licensed lead inspector or	14677
laboratory approved under section 3742.09 of the Revised Code	14678
shall certify in writing the precise results of the inspection.	14679

(U) "Lead inspector" means any individual who conducts a lead	14680
inspection, provides professional advice regarding a lead	14681
inspection, or prepares a report explaining the results of a lead	14682
inspection.	14683

(V) "Lead poisoning" means the level of lead in human blood	14684
that is hazardous to human health, as specified in rules adopted	14685
under section 3742.50 of the Revised Code.	14686

(W) "Lead risk assessment" means an on-site investigation to	14687
determine and report the existence, nature, severity, and location	14688
of lead hazards in a residential unit, child care facility, or	14689
school, including information gathering from the unit, facility,	14690
or school's current owner's knowledge regarding the age and	14691
painting history of the unit, facility, or school and occupancy by	14692
children under six years of age, visual inspection, limited wipe	14693
sampling or other environmental sampling techniques, and any other	14694
activity as may be appropriate.	14695

(X) "Lead risk assessor" means a person who is responsible	14696
for developing a written inspection, risk assessment, and analysis	14697
plan; conducting inspections for lead hazards in a residential	14698
unit, child care facility, or school; interpreting results of	14699
inspections and risk assessments; identifying hazard control	14700
strategies to reduce or eliminate lead exposures; and completing a	14701
risk assessment report.	14702

(Y) "Lead-safe renovation" means the supervision or	14703
performance of services for the general improvement of all or part	14704
of an existing structure, including a residential unit, child care	14705
facility, or school, when the services are supervised or performed	14706
by a lead-safe renovator.	14707

(Z) "Lead-safe renovator" means a person who has successfully	14708
completed a training program in lead-safe renovation approved	14709
under section 3742.47 of the Revised Code.	14710

(AA) "Manager" means a person, who may be the same person as	14711
the owner, responsible for the daily operation of a residential	14712
unit, child care facility, or school.	14713

(BB) "Permanent" means an expected design life of at least	14714
twenty years.	14715

(CC) "Replacement" means an activity that entails removing	14716
components such as windows, doors, and trim that have lead hazards	14717
on their surfaces and installing components free of lead hazards.	14718

(DD) "Residential unit" means a dwelling or any part of a	14719
building being used as an individual's private residence.	14720

(EE) "School" means a public or nonpublic school in which	14721
children under six years of age receive education.	14722

Sec. 3797.06. (A) As used in this section, "specified	14723
geographical notification area" means the geographic area or areas	14724
within which the attorney general requires by rule adopted under	14725
section 3797.08 of the Revised Code the notice described in	14726
division (B) of this section to be given to the persons identified	14727
in divisions (A)(1) to (9) of this section. If a court enters a	14728
declaratory judgment against a registrant under section 2721.21 of	14729
the Revised Code, the sheriff with whom the registrant has most	14730
recently registered under section 3797.02 or 3797.03 of the	14731
Revised Code and the sheriff to whom the registrant most recently	14732
sent a notice of intent to reside under section 3797.03 of the	14733
Revised Code shall provide within the period of time specified in	14734
division (C) of this section a written notice containing the	14735
information set forth in division (B) of this section to all of	14736
the persons described in divisions (A)(1) to (9) of this section.	14737
If the sheriff has sent a notice to the persons described in those	14738
divisions as a result of receiving a notice of intent to reside	14739
and if the registrant registers a residence address that is the	14740
same residence address described in the notice of intent to	14741
reside, the sheriff is not required to send an additional notice	14742
when the registrant registers. The sheriff shall provide the	14743
notice to all of the following persons:	14744

(1)(a) Any occupant of each residential unit that is located	14745
within one thousand feet of the registrant's residential premises,	14746
that is located within the county served by the sheriff, and that	14747
is not located in a multi-unit building. Division (D)(3) of this	14748
section applies regarding notices required under this division.	14749

(b) If the registrant resides in a multi-unit building, any	14750
occupant of each residential unit that is located in that	14751
multi-unit building and that shares a common hallway with the	14752
registrant. For purposes of this division, an occupant's unit	14753
shares a common hallway with the registrant if the entrance door	14754
into the occupant's unit is located on the same floor and opens	14755
into the same hallway as the entrance door to the unit the	14756
registrant occupies. Division (D)(3) of this section applies	14757
regarding notices required under this division.	14758

(c) The building manager, or the person the building owner or	14759
condominium unit owners association authorizes to exercise	14760
management and control, of each multi-unit building that is	14761
located within one thousand feet of the registrant's residential	14762
premises, including a multi-unit building in which the registrant	14763
resides, and that is located within the county served by the	14764
sheriff. In addition to notifying the building manager or the	14765
person authorized to exercise management and control in the	14766
multi-unit building under this division, the sheriff shall post a	14767
copy of the notice prominently in each common entryway in the	14768
building and any other location in the building the sheriff	14769
determines appropriate. The manager or person exercising	14770
management and control of the building shall permit the sheriff to	14771
post copies of the notice under this division as the sheriff	14772
determines appropriate. In lieu of posting copies of the notice as	14773
described in this division, a sheriff may provide notice to all	14774
occupants of the multi-unit building by mail or personal contact.	14775
If the sheriff so notifies all the occupants, the sheriff is not	14776
required to post copies of the notice in the common entryways to	14777
the building. Division (D)(3) of this section applies regarding	14778
notices required under this division.	14779

(d) All additional persons who are within any category of	14780
neighbors of the registrant that the attorney general by rule	14781
adopted under section 3797.08 of the Revised Code requires to be	14782
provided the notice and who reside within the county served by the	14783
sheriff.	14784

(2) The executive director of the public children services	14785
agency that has jurisdiction within the specified geographical	14786
notification area and that is located within the county served by	14787
the sheriff;	14788

(3) The superintendent of each board of education of a school	14789
district that has schools within the specified geographical	14790
notification area and that is located within the county served by	14791
the sheriff;	14792

(4) The appointing or hiring officer of each nonpublic school	14793
located within the specified geographical notification area and	14794
within the county served by the sheriff or of each other school	14795
located within the specified geographical notification area and	14796
within the county served by the sheriff and that is not operated	14797
by a board of education described in division (A)(3) of this	14798
section;	14799

(5) The director, head teacher, elementary principal, or site	14800
administrator of each preschool program governed by Chapter 3301.	14801
of the Revised Code that is located within the specified	14802
geographical notification area and within the county served by the	14803
sheriff;	14804

(6) The administrator of each child day-care center or type A	14805
family day-care home that is located within the specified	14806
geographical notification area and within the county served by the	14807
sheriff, and ~~the provider of~~ each ~~certified~~holder of a license to	14808
operate a type B family day-care home that is located within the	14809
specified geographical notification area and within the county	14810
served by the sheriff. As used in this division, "child day-care	14811
center," "type A family day-care home," and "~~certified~~ type B	14812
family day-care home" have the same meanings as in section 5104.01	14813
of the Revised Code.	14814

(7) The president or other chief administrative officer of	14815
each institution of higher education, as defined in section	14816
2907.03 of the Revised Code, that is located within the specified	14817
geographical notification area and within the county served by the	14818
sheriff and the chief law enforcement officer of any state	14819
university law enforcement agency or campus police department	14820
established under section 3345.04 or 1713.50 of the Revised Code	14821
that serves that institution;	14822

(8) The sheriff of each county that includes any portion of	14823
the specified geographical notification area;	14824

(9) If the registrant resides within the county served by the	14825
sheriff, the chief of police, marshal, or other chief law	14826
enforcement officer of the municipal corporation in which the	14827
registrant resides or, if the registrant resides in an	14828
unincorporated area, the constable or chief of the police	14829
department or police district police force of the township in	14830
which the registrant resides.	14831

(B) The notice required under division (A) of this section	14832
shall include the registrant's name, residence or employment	14833
address, as applicable, and a statement that the registrant has	14834
been found liable for childhood sexual abuse in a civil action and	14835
is listed on the civil registry established by the attorney	14836
general pursuant to section 3797.08 of the Revised Code.	14837

(C) If a sheriff with whom a registrant registers under	14838
section 3797.02 or 3797.03 of the Revised Code or to whom the	14839
registrant most recently sent a notice of intent to reside under	14840
section 3797.03 of the Revised Code is required by division (A) of	14841
this section to provide notices regarding a registrant and if the	14842
sheriff provides a notice pursuant to that requirement the sheriff	14843
provides a notice to a sheriff of one or more other counties in	14844
accordance with division (A)(8) of this section, the sheriff of	14845
each of the other counties who is provided notice under division	14846
(A)(8) of this section shall provide the notices described in	14847
divisions (A)(1) to (7) and (A)(9) of this section to each person	14848
or entity identified within those divisions that is located within	14849
the specified geographical notification area and within the county	14850
served by the sheriff in question.	14851

(D)(1) A sheriff required by division (A) or (C) of this	14852
section to provide notices regarding a registrant shall provide	14853
the notice to the neighbors that are described in division (A)(1)	14854
of this section and the notices to law enforcement personnel that	14855
are described in divisions (A)(8) and (9) of this section as soon	14856
as practicable, but not later than five days after the registrant	14857
sends the notice of intent to reside to the sheriff, and again not	14858
later than five days after the registrant registers with the	14859
sheriff or, if the sheriff is required by division (C) to provide	14860
the notices, not later than five days after the sheriff is	14861
provided the notice described in division (A)(8) of this section.	14862

A sheriff required by division (A) or (C) of this section to	14863
provide notices regarding a registrant shall provide the notices	14864
to all other specified persons that are described in divisions	14865
(A)(2) to (7) of this section as soon as practicable, but not	14866
later than seven days after the registrant registers with the	14867
sheriff, or, if the sheriff is required by division (C) to provide	14868
the notices, not later than five days after the sheriff is	14869
provided the notice described in division (A)(8) of this section.	14870

(2) If a registrant in relation to whom division (A) of this	14871
section applies verifies the registrant's current residence	14872
address with a sheriff pursuant to section 3797.04 of the Revised	14873
Code, the sheriff may provide a written notice containing the	14874
information set forth in division (B) of this section to the	14875
persons identified in divisions (A)(1) to (9) of this section. If	14876
a sheriff provides a notice pursuant to this division to the	14877
sheriff of one or more other counties in accordance with division	14878
(A)(8) of this section, the sheriff of each of the other counties	14879
who is provided the notice under division (A)(8) of this section	14880
may provide, but is not required to provide, a written notice	14881
containing the information set forth in division (B) of this	14882
section to the persons identified in divisions (A)(1) to (7) and	14883
(A)(9) of this section.	14884

(3) A sheriff may provide notice under division (A)(1)(a) or	14885
(b) of this section, and may provide notice under division	14886
(A)(1)(c) of this section to a building manager or person	14887
authorized to exercise management and control of a building, by	14888
mail, by personal contact, or by leaving the notice at or under	14889
the entry door to a residential unit. For purposes of divisions	14890
(A)(1)(a) and (b) of this section and of the portion of division	14891
(A)(1)(c) of this section relating to the provision of notice to	14892
occupants of a multi-unit building by mail or personal contact,	14893
the provision of one written notice per unit is deemed providing	14894
notice to all occupants of that unit.	14895

(E) All information that a sheriff possesses regarding a	14896
registrant that is described in division (B) of this section and	14897
that must be provided in a notice required under division (A) or	14898
(C) of this section or that may be provided in a notice authorized	14899
under division (D)(2) of this section is a public record that is	14900
open to inspection under section 149.43 of the Revised Code.	14901

(F) A sheriff required by division (A) or (C) of this	14902
section, or authorized by division (D)(2) of this section, to	14903
provide notices regarding a registrant may request the department	14904
of job and family services, department of education, or Ohio board	14905
of regents, by telephone, in registrant, or by mail, to provide	14906
the sheriff with the names, addresses, and telephone numbers of	14907
the appropriate persons and entities to whom the notices described	14908
in divisions (A)(2) to (7) of this section are to be provided.	14909
Upon receipt of a request, the department or board shall provide	14910
the requesting sheriff with the names, addresses, and telephone	14911
numbers of the appropriate persons and entities to whom those	14912
notices are to be provided.	14913

(G)(1) Upon the motion of the registrant or the judge that	14914
entered a declaratory judgment pursuant to section 2721.21 of the	14915
Revised Code or that judge's successor in office, the judge may	14916
schedule a hearing to determine whether the interests of justice	14917
would be served by suspending the community notification	14918
requirement under this section in relation to the registrant. The	14919
judge may dismiss the motion without a hearing but may not issue	14920
an order suspending the community notification requirement without	14921
a hearing. At the hearing, all parties are entitled to be heard.	14922
If, at the conclusion of the hearing, the judge finds that the	14923
registrant has proven by clear and convincing evidence that the	14924
registrant is unlikely to commit childhood sexual abuse in the	14925
future and that suspending the community notification requirement	14926
is in the interests of justice, the judge may issue an order	14927
suspending the application of this section in relation to the	14928
registrant. The order shall contain both of these findings.	14929

The judge promptly shall serve a copy of the order upon the	14930
sheriff with whom the registrant most recently registered a	14931
residence address and the sheriff with whom the registrant most	14932
recently registered an employment address under section 3797.02 of	14933
the Revised Code.	14934

An order suspending the community notification requirement	14935
does not suspend or otherwise alter a registrant's duties to	14936
comply with sections 3797.02, 3797.03, and 3797.04 of the Revised	14937
Code.	14938

(2) A registrant has the right to appeal an order denying a	14939
motion made under division (G)(1) of this section.	14940

Sec. 4511.81. (A) When any child who is in either or both of	14941
the following categories is being transported in a motor vehicle,	14942
other than a taxicab or public safety vehicle as defined in	14943
section 4511.01 of the Revised Code, that is required by the	14944
United States department of transportation to be equipped with	14945
seat belts at the time of manufacture or assembly, the operator of	14946
the motor vehicle shall have the child properly secured in	14947
accordance with the manufacturer's instructions in a child	14948
restraint system that meets federal motor vehicle safety	14949
standards:	14950

(1) A child who is less than four years of age;

14951

(2) A child who weighs less than forty pounds.

14952

(B) When any child who is in either or both of the following	14953
categories is being transported in a motor vehicle, other than a	14954
taxicab, that is owned, leased, or otherwise under the control of	14955
a nursery school or day-care center, the operator of the motor	14956
vehicle shall have the child properly secured in accordance with	14957
the manufacturer's instructions in a child restraint system that	14958
meets federal motor vehicle safety standards:	14959

(1) A child who is less than four years of age;

14960

(2) A child who weighs less than forty pounds.

14961

(C) When any child who is less than eight years of age and	14962
less than four feet nine inches in height, who is not required by	14963
division (A) or (B) of this section to be secured in a child	14964
restraint system, is being transported in a motor vehicle, other	14965
than a taxicab or public safety vehicle as defined in section	14966
4511.01 of the Revised Code or a vehicle that is regulated under	14967
section ~~5104.011~~5104.015 of the Revised Code, that is required by	14968
the United States department of transportation to be equipped with	14969
seat belts at the time of manufacture or assembly, the operator of	14970
the motor vehicle shall have the child properly secured in	14971
accordance with the manufacturer's instructions on a booster seat	14972
that meets federal motor vehicle safety standards.	14973

(D) When any child who is at least eight years of age but not	14974
older than fifteen years of age, and who is not otherwise required	14975
by division (A), (B), or (C) of this section to be secured in a	14976
child restraint system or booster seat, is being transported in a	14977
motor vehicle, other than a taxicab or public safety vehicle as	14978
defined in section 4511.01 of the Revised Code, that is required	14979
by the United States department of transportation to be equipped	14980
with seat belts at the time of manufacture or assembly, the	14981
operator of the motor vehicle shall have the child properly	14982
restrained either in accordance with the manufacturer's	14983
instructions in a child restraint system that meets federal motor	14984
vehicle safety standards or in an occupant restraining device as	14985
defined in section 4513.263 of the Revised Code.	14986

(E) Notwithstanding any provision of law to the contrary, no	14987
law enforcement officer shall cause an operator of a motor vehicle	14988
being operated on any street or highway to stop the motor vehicle	14989
for the sole purpose of determining whether a violation of	14990
division (C) or (D) of this section has been or is being committed	14991
or for the sole purpose of issuing a ticket, citation, or summons	14992
for a violation of division (C) or (D) of this section or causing	14993
the arrest of or commencing a prosecution of a person for a	14994
violation of division (C) or (D) of this section, and absent	14995
another violation of law, a law enforcement officer's view of the	14996
interior or visual inspection of a motor vehicle being operated on	14997
any street or highway may not be used for the purpose of	14998
determining whether a violation of division (C) or (D) of this	14999
section has been or is being committed.	15000

(F) The director of public safety shall adopt such rules as	15001
are necessary to carry out this section.	15002

(G) The failure of an operator of a motor vehicle to secure a	15003
child in a child restraint system, a booster seat, or an occupant	15004
restraining device as required by this section is not negligence	15005
imputable to the child, is not admissible as evidence in any civil	15006
action involving the rights of the child against any other person	15007
allegedly liable for injuries to the child, is not to be used as a	15008
basis for a criminal prosecution of the operator of the motor	15009
vehicle other than a prosecution for a violation of this section,	15010
and is not admissible as evidence in any criminal action involving	15011
the operator of the motor vehicle other than a prosecution for a	15012
violation of this section.	15013

(H) This section does not apply when an emergency exists that	15014
threatens the life of any person operating or occupying a motor	15015
vehicle that is being used to transport a child who otherwise	15016
would be required to be restrained under this section. This	15017
section does not apply to a person operating a motor vehicle who	15018
has an affidavit signed by a physician licensed to practice in	15019
this state under Chapter 4731. of the Revised Code or a	15020
chiropractor licensed to practice in this state under Chapter	15021
4734. of the Revised Code that states that the child who otherwise	15022
would be required to be restrained under this section has a	15023
physical impairment that makes use of a child restraint system,	15024
booster seat, or an occupant restraining device impossible or	15025
impractical, provided that the person operating the vehicle has	15026
safely and appropriately restrained the child in accordance with	15027
any recommendations of the physician or chiropractor as noted on	15028
the affidavit.	15029

(I) There is hereby created in the state treasury the child	15030
highway safety fund, consisting of fines imposed pursuant to	15031
division (K)(1) of this section for violations of divisions (A),	15032
(B), (C), and (D) of this section. The money in the fund shall be	15033
used by the department of health only to defray the cost of	15034
designating hospitals as pediatric trauma centers under section	15035
3727.081 of the Revised Code and to establish and administer a	15036
child highway safety program. The purpose of the program shall be	15037
to educate the public about child restraint systems and booster	15038
seats and the importance of their proper use. The program also	15039
shall include a process for providing child restraint systems and	15040
booster seats to persons who meet the eligibility criteria	15041
established by the department, and a toll-free telephone number	15042
the public may utilize to obtain information about child restraint	15043
systems and booster seats, and their proper use.	15044

(J) The director of health, in accordance with Chapter 119.	15045
of the Revised Code, shall adopt any rules necessary to carry out	15046
this section, including rules establishing the criteria a person	15047
must meet in order to receive a child restraint system or booster	15048
seat under the department's child highway safety program; provided	15049
that rules relating to the verification of pediatric trauma	15050
centers shall not be adopted under this section.	15051

(K) Nothing in this section shall be construed to require any	15052
person to carry with the person the birth certificate of a child	15053
to prove the age of the child, but the production of a valid birth	15054
certificate for a child showing that the child was not of an age	15055
to which this section applies is a defense against any ticket,	15056
citation, or summons issued for violating this section.	15057

(L)(1) Whoever violates division (A), (B), (C), or (D) of	15058
this section shall be punished as follows, provided that the	15059
failure of an operator of a motor vehicle to secure more than one	15060
child in a child restraint system, booster seat, or occupant	15061
restraining device as required by this section that occurred at	15062
the same time, on the same day, and at the same location is deemed	15063
to be a single violation of this section:	15064

(a) Except as otherwise provided in division (L)(1)(b) of	15065
this section, the offender is guilty of a minor misdemeanor and	15066
shall be fined not less than twenty-five dollars nor more than	15067
seventy-five dollars.	15068

(b) If the offender previously has been convicted of or	15069
pleaded guilty to a violation of division (A), (B), (C), or (D) of	15070
this section or of a municipal ordinance that is substantially	15071
similar to any of those divisions, the offender is guilty of a	15072
misdemeanor of the fourth degree.	15073

(2) All fines imposed pursuant to division (L)(1) of this	15074
section shall be forwarded to the treasurer of state for deposit	15075
in the child highway safety fund created by division (I) of this	15076
section.	15077

Sec. 5101.29. When contained in a record held by the	15078
department of job and family services or a county agency, the	15079
following are not public records for purposes of section 149.43 of	15080
the Revised Code:	15081

(A) Names and other identifying information regarding	15082
children enrolled in or attending a child day-care center or home	15083
subject to licensure~~, certification,~~ or registration under Chapter	15084
5104. of the Revised Code;	15085

(B) Names and other identifying information regarding	15086
children placed with an institution or association certified under	15087
section 5103.03 of the Revised Code;	15088

(C) Names and other identifying information regarding a	15089
person who makes an oral or written complaint regarding an	15090
institution, association, child day-care center, or home subject	15091
to licensure~~, certification,~~ or registration to the department or	15092
other state or county entity responsible for enforcing Chapter	15093
5103. or 5104. of the Revised Code;	15094

(D)(1) Except as otherwise provided in division (D)(2) of	15095
this section, names, documentation, and other identifying	15096
information regarding a foster caregiver or a prospective foster	15097
caregiver, including the foster caregiver application for	15098
certification under section 5103.03 of the Revised Code and the	15099
home study conducted pursuant to section 5103.0324 of the Revised	15100
Code.	15101

(2) Notwithstanding division (D)(1) of this section, the	15102
following are public records for the purposes of section 149.43 of	15103
the Revised Code, when contained in a record held by the	15104
department of job and family services, a county agency, or other	15105
governmental entity:	15106

(a) All of the following information regarding a currently	15107
certified foster caregiver who has had a foster care certificate	15108
revoked pursuant to Chapter 5103. of the Revised Code or, after	15109
receiving a current or current renewed certificate has been	15110
convicted of, pleaded guilty to, or indicted or otherwise charged	15111
with any offense described in division (C)(1) of section 2151.86	15112
of the Revised Code:	15113

(i) The foster caregiver's name, date of birth, and county of	15114
residence;	15115

(ii) The date of the foster caregiver's certification;

15116

(iii) The date of each placement of a foster child into the	15117
foster caregiver's home;	15118

(iv) If applicable, the date of the removal of a foster child	15119
from the foster caregiver's home and the reason for the foster	15120
child's removal unless release of such information would be	15121
detrimental to the foster child or other children residing in the	15122
foster caregiver's home;	15123

(v) If applicable, the date of the foster care certificate	15124
revocation and all documents related to the revocation unless	15125
otherwise not a public record pursuant to section 149.43 of the	15126
Revised Code.	15127

(b) Nonidentifying foster care statistics including, but not	15128
limited to, the number of foster caregivers and foster care	15129
certificate revocations.	15130

Sec. 5103.03. (A) The director of job and family services	15131
shall adopt rules as necessary for the adequate and competent	15132
management of institutions or associations. The director shall	15133
ensure that foster care home study rules adopted under this	15134
section align any home study content, time period, and process	15135
with any home study content, time period, and process required by	15136
rules adopted under section 3107.033 of the Revised Code.	15137

(B)(1) Except for facilities under the control of the	15138
department of youth services, places of detention for children	15139
established and maintained pursuant to sections 2152.41 to 2152.44	15140
of the Revised Code, and child day-care centers subject to Chapter	15141
5104. of the Revised Code, the department of job and family	15142
services every two years shall pass upon the fitness of every	15143
institution and association that receives, or desires to receive	15144
and care for children, or places children in private homes.	15145

(2) When the department of job and family services is	15146
satisfied as to the care given such children, and that the	15147
requirements of the statutes and rules covering the management of	15148
such institutions and associations are being complied with, it	15149
shall issue to the institution or association a certificate to	15150
that effect. A certificate is valid for two years, unless sooner	15151
revoked by the department. When determining whether an institution	15152
or association meets a particular requirement for certification,	15153
the department may consider the institution or association to have	15154
met the requirement if the institution or association shows to the	15155
department's satisfaction that it has met a comparable requirement	15156
to be accredited by a nationally recognized accreditation	15157
organization.	15158

(3) The department may issue a temporary certificate valid	15159
for less than one year authorizing an institution or association	15160
to operate until minimum requirements have been met.	15161

(4) An institution or association that knowingly makes a	15162
false statement that is included as a part of certification under	15163
this section is guilty of the offense of falsification under	15164
section 2921.13 of the Revised Code and the department shall not	15165
certify that institution or association.	15166

(5) The department shall not issue a certificate to a	15167
prospective foster home or prospective specialized foster home	15168
pursuant to this section if the prospective foster home or	15169
prospective specialized foster home operates as a type A family	15170
day-care home pursuant to Chapter 5104. of the Revised Code. The	15171
department shall not issue a certificate to a prospective	15172
specialized foster home if the prospective specialized foster home	15173
operates a type B family day-care home pursuant to Chapter 5104.	15174
of the Revised Code.	15175

(C) The department may revoke a certificate if it finds that	15176
the institution or association is in violation of law or rule. No	15177
juvenile court shall commit a child to an association or	15178
institution that is required to be certified under this section if	15179
its certificate has been revoked or, if after revocation, the date	15180
of reissue is less than fifteen months prior to the proposed	15181
commitment.	15182

(D) Every two years, on a date specified by the department,	15183
each institution or association desiring certification or	15184
recertification shall submit to the department a report showing	15185
its condition, management, competency to care adequately for the	15186
children who have been or may be committed to it or to whom it	15187
provides care or services, the system of visitation it employs for	15188
children placed in private homes, and other information the	15189
department requires:.	15190

(E) The department shall, not less than once each year, send	15191
a list of certified institutions and associations to each juvenile	15192
court and certified association or institution.	15193

(F) No person shall receive children or receive or solicit	15194
money on behalf of such an institution or association not so	15195
certified or whose certificate has been revoked.	15196

(G)(1) The director may delegate by rule any duties imposed	15197
on it by this section to inspect and approve family foster homes	15198
and specialized foster homes to public children services agencies,	15199
private child placing agencies, or private noncustodial agencies.	15200

(2) The director shall adopt rules that require a foster	15201
caregiver or other individual certified to operate a foster home	15202
under this section to notify the recommending agency that the	15203
foster caregiver or other individual is ~~certified~~licensed to	15204
operate a type B family day-care home under Chapter 5104. of the	15205
Revised Code.	15206

(H) If the director of job and family services determines	15207
that an institution or association that cares for children is	15208
operating without a certificate, the director may petition the	15209
court of common pleas in the county in which the institution or	15210
association is located for an order enjoining its operation. The	15211
court shall grant injunctive relief upon a showing that the	15212
institution or association is operating without a certificate.	15213

(I) If both of the following are the case, the director of	15214
job and family services may petition the court of common pleas of	15215
any county in which an institution or association that holds a	15216
certificate under this section operates for an order, and the	15217
court may issue an order, preventing the institution or	15218
association from receiving additional children into its care or an	15219
order removing children from its care:	15220

(1) The department has evidence that the life, health, or	15221
safety of one or more children in the care of the institution or	15222
association is at imminent risk.	15223

(2) The department has issued a proposed adjudication order	15224
pursuant to Chapter 119. of the Revised Code to deny renewal of or	15225
revoke the certificate of the institution or association.	15226

Sec. 5104.01. As used in this chapter:

15227

(A) "Administrator" means the person responsible for the	15228
daily operation of a center or, type A home, or type B home. The	15229
administrator and the owner may be the same person.	15230

(B) "Approved child day camp" means a child day camp approved	15231
pursuant to section 5104.22 of the Revised Code.	15232

(C) ~~"Authorized provider" means a person authorized by a~~	15233
~~county director of job and family services to operate a certified~~	15234
~~type B family day-care home.~~	15235

~~(D)~~ "Border state child care provider" means a child care	15236
provider that is located in a state bordering Ohio and that is	15237
licensed, certified, or otherwise approved by that state to	15238
provide child care.	15239

~~(E)~~(D) "Career pathways model" means an alternative pathway	15240
to meeting the requirements to be a child-care staff member or	15241
administrator that does both of the following:	15242

(1) Uses a framework approved by the director of job and	15243
family services to document formal education, training,	15244
experience, and specialized credentials and certifications;	15245

(2) Allows the child-care staff member or administrator to	15246
achieve a designation as an early childhood professional level	15247
one, two, three, four, five, or six.	15248

~~(F)~~(E) "Caretaker parent" means the father or mother of a	15249
child whose presence in the home is needed as the caretaker of the	15250
child, a person who has legal custody of a child and whose	15251
presence in the home is needed as the caretaker of the child, a	15252
guardian of a child whose presence in the home is needed as the	15253
caretaker of the child, and any other person who stands in loco	15254
parentis with respect to the child and whose presence in the home	15255
is needed as the caretaker of the child.	15256

~~(G) "Certified type B family day-care home" and "certified~~	15257
~~type B home" mean a type B family day-care home that is certified~~	15258
~~by the director of the county department of job and family~~	15259
~~services pursuant to section 5104.11 of the Revised Code to~~	15260
~~receive public funds for providing child care pursuant to this~~	15261
~~chapter and any rules adopted under it.~~	15262

~~(H)~~(F) "Chartered nonpublic school" means a school that meets	15263
standards for nonpublic schools prescribed by the state board of	15264
education for nonpublic schools pursuant to section 3301.07 of the	15265
Revised Code.	15266

~~(I)~~(G) "Child" includes an infant, toddler, preschool-age	15267
child, or school-age child.	15268

~~(J)~~(H) "Child care block grant act" means the "Child Care and	15269
Development Block Grant Act of 1990," established in section 5082	15270
of the "Omnibus Budget Reconciliation Act of 1990," 104 Stat.	15271
1388-236 (1990), 42 U.S.C. 9858, as amended.	15272

~~(K)~~(I) "Child day camp" means a program in which only	15273
school-age children attend or participate, that operates for no	15274
more than seven hours per day, that operates only during one or	15275
more public school district's regular vacation periods or for no	15276
more than fifteen weeks during the summer, and that operates	15277
outdoor activities for each child who attends or participates in	15278
the program for a minimum of fifty per cent of each day that	15279
children attend or participate in the program, except for any day	15280
when hazardous weather conditions prevent the program from	15281
operating outdoor activities for a minimum of fifty per cent of	15282
that day. For purposes of this division, the maximum seven hours	15283
of operation time does not include transportation time from a	15284
child's home to a child day camp and from a child day camp to a	15285
child's home.	15286

~~(L)~~(J) "Child care" means administering to the needs of	15287
infants, toddlers, preschool-age children, and school-age children	15288
outside of school hours by persons other than their parents or	15289
guardians, custodians, or relatives by blood, marriage, or	15290
adoption for any part of the twenty-four-hour day in a place or	15291
residence other than a child's own home.	15292

~~(M)~~(K) "Child day-care center" and "center" mean any place in	15293
which child care or publicly funded child care is provided for	15294
thirteen or more children at one time or any place that is not the	15295
permanent residence of the licensee or administrator in which	15296
child care or publicly funded child care is provided for seven to	15297
twelve children at one time. In counting children for the purposes	15298
of this division, any children under six years of age who are	15299
related to a licensee, administrator, or employee and who are on	15300
the premises of the center shall be counted. "Child day-care	15301
center" and "center" do not include any of the following:	15302

(1) A place located in and operated by a hospital, as defined	15303
in section 3727.01 of the Revised Code, in which the needs of	15304
children are administered to, if all the children whose needs are	15305
being administered to are monitored under the on-site supervision	15306
of a physician licensed under Chapter 4731. of the Revised Code or	15307
a registered nurse licensed under Chapter 4723. of the Revised	15308
Code, and the services are provided only for children who, in the	15309
opinion of the child's parent, guardian, or custodian, are	15310
exhibiting symptoms of a communicable disease or other illness or	15311
are injured;	15312

(2) A child day camp;

15313

(3) A place that provides child care, but not publicly funded	15314
child care, if all of the following apply:	15315

(a) An organized religious body provides the child care;

15316

(b) A parent, custodian, or guardian of at least one child	15317
receiving child care is on the premises and readily accessible at	15318
all times;	15319

(c) The child care is not provided for more than thirty days	15320
a year;	15321

(d) The child care is provided only for preschool-age and	15322
school-age children.	15323

~~(N)~~(L) "Child care resource and referral service	15324
organization" means a community-based nonprofit organization that	15325
provides child care resource and referral services but not child	15326
care.	15327

~~(O)~~(M) "Child care resource and referral services" means all	15328
of the following services:	15329

(1) Maintenance of a uniform data base of all child care	15330
providers in the community that are in compliance with this	15331
chapter, including current occupancy and vacancy data;	15332

(2) Provision of individualized consumer education to	15333
families seeking child care;	15334

(3) Provision of timely referrals of available child care	15335
providers to families seeking child care;	15336

(4) Recruitment of child care providers;

15337

(5) Assistance in the development, conduct, and dissemination	15338
of training for child care providers and provision of technical	15339
assistance to current and potential child care providers,	15340
employers, and the community;	15341

(6) Collection and analysis of data on the supply of and	15342
demand for child care in the community;	15343

(7) Technical assistance concerning locally, state, and	15344
federally funded child care and early childhood education	15345
programs;	15346

(8) Stimulation of employer involvement in making child care	15347
more affordable, more available, safer, and of higher quality for	15348
their employees and for the community;	15349

(9) Provision of written educational materials to caretaker	15350
parents and informational resources to child care providers;	15351

(10) Coordination of services among child care resource and	15352
referral service organizations to assist in developing and	15353
maintaining a statewide system of child care resource and referral	15354
services if required by the department of job and family services;	15355

(11) Cooperation with the county department of job and family	15356
services in encouraging the establishment of parent cooperative	15357
child care centers and parent cooperative type A family day-care	15358
homes.	15359

~~(P)~~(N) "Child-care staff member" means an employee of a child	15360
day-care center or type A family day-care home who is primarily	15361
responsible for the care and supervision of children. The	15362
administrator may be a part-time child-care staff member when not	15363
involved in other duties.	15364

~~(Q)~~(O) "Drop-in child day-care center," "drop-in center,"	15365
"drop-in type A family day-care home," and "drop-in type A home"	15366
mean a center or type A home that provides child care or publicly	15367
funded child care for children on a temporary, irregular basis.	15368

~~(R)~~(P) "Employee" means a person who either:

15369

(1) Receives compensation for duties performed in a child	15370
day-care center or type A family day-care home;	15371

(2) Is assigned specific working hours or duties in a child	15372
day-care center or type A family day-care home.	15373

~~(S)~~(Q) "Employer" means a person, firm, institution,	15374
organization, or agency that operates a child day-care center or	15375
type A family day-care home subject to licensure under this	15376
chapter.	15377

~~(T)~~(R) "Federal poverty line" means the official poverty	15378
guideline as revised annually in accordance with section 673(2) of	15379
the "Omnibus Budget Reconciliation Act of 1981," 95 Stat. 511, 42	15380
U.S.C. 9902, as amended, for a family size equal to the size of	15381
the family of the person whose income is being determined.	15382

~~(U)~~(S) "Head start program" means a comprehensive child	15383
development program that receives funds distributed under the	15384
"Head Start Act," 95 Stat. 499 (1981), 42 U.S.C.A. 9831, as	15385
amended, and is licensed as a child day-care center.	15386

~~(V)~~(T) "Income" means gross income, as defined in section	15387
5107.10 of the Revised Code, less any amounts required by federal	15388
statutes or regulations to be disregarded.	15389

~~(W)~~(U) "Indicator checklist" means an inspection tool, used	15390
in conjunction with an instrument-based program monitoring	15391
information system, that contains selected licensing requirements	15392
that are statistically reliable indicators or predictors of a	15393
child day-care ~~center or~~center's type A family day-care home's,	15394
or licensed type B family day-care home's compliance with	15395
licensing requirements.	15396

~~(X)~~(V) "Infant" means a child who is less than eighteen	15397
months of age.	15398

~~(Y)~~(W) "In-home aide" means a person who does not reside with	15399
the child but provides care in the child's home and is certified	15400
by a county director of job and family services pursuant to	15401
section 5104.12 of the Revised Code to provide publicly funded	15402
child care to a child in a child's own home pursuant to this	15403
chapter and any rules adopted under it.	15404

~~(Z)~~(X) "Instrument-based program monitoring information	15405
system" means a method to assess compliance with licensing	15406
requirements for child day-care centers ~~and~~, type A family	15407
day-care homes, and licensed type B family day-care homes in which	15408
each licensing requirement is assigned a weight indicative of the	15409
relative importance of the requirement to the health, growth, and	15410
safety of the children that is used to develop an indicator	15411
checklist.	15412

~~(AA)~~(Y) "License capacity" means the maximum number in each	15413
age category of children who may be cared for in a child day-care	15414
center or type A family day-care home at one time as determined by	15415
the director of job and family services considering building	15416
occupancy limits established by the department of commerce, amount	15417
of available indoor floor space and outdoor play space, and amount	15418
of available play equipment, materials, and supplies. For the	15419
purposes of a provisional license issued under this chapter, the	15420
director shall also consider the number of available child-care	15421
staff members when determining "license capacity" for the	15422
provisional license.	15423

~~(BB)~~(Z) "Licensed child care program" means any of the	15424
following:	15425

(1) A child day-care center licensed by the department of job	15426
and family services pursuant to this chapter;	15427

(2) A type A family day-care home or type B family day-care	15428
home licensed by the department of job and family services	15429
pursuant to this chapter;	15430

(3) ~~A type B family day-care home certified by a county~~	15431
~~department of job and family services pursuant to this chapter;~~	15432

~~(4)~~ A licensed preschool program or licensed school child	15433
program.	15434

~~(CC)~~(AA) "Licensed preschool program" or "licensed school	15435
child program" means a preschool program or school child program,	15436
as defined in section 3301.52 of the Revised Code, that is	15437
licensed by the department of education pursuant to sections	15438
3301.52 to 3301.59 of the Revised Code.	15439

~~(DD)~~(BB) "Licensed type B family day-care home" and "licensed	15440
type B home" mean a type B family day-care home for which there is	15441
a valid license issued by the director of job and family services	15442
pursuant to section 5104.03 of the Revised Code.	15443

(CC) "Licensee" means the owner of a child day-care center	15444
or, type A family day-care home, or type B family day-care home	15445
that is licensed pursuant to this chapter and who is responsible	15446
for ensuring its compliance with this chapter and rules adopted	15447
pursuant to this chapter.	15448

~~(EE)~~(DD) "Operate a child day camp" means to operate,	15449
establish, manage, conduct, or maintain a child day camp.	15450

~~(FF)~~(EE) "Owner" includes a person, as defined in section	15451
1.59 of the Revised Code, or government entity.	15452

~~(GG)~~(FF) "Parent cooperative child day-care center," "parent	15453
cooperative center," "parent cooperative type A family day-care	15454
home," and "parent cooperative type A home" mean a corporation or	15455
association organized for providing educational services to the	15456
children of members of the corporation or association, without	15457
gain to the corporation or association as an entity, in which the	15458
services of the corporation or association are provided only to	15459
children of the members of the corporation or association,	15460
ownership and control of the corporation or association rests	15461
solely with the members of the corporation or association, and at	15462
least one parent-member of the corporation or association is on	15463
the premises of the center or type A home during its hours of	15464
operation.	15465

~~(HH)~~(GG) "Part-time child day-care center," "part-time	15466
center," "part-time type A family day-care home," and "part-time	15467
type A home" mean a center or type A home that provides child care	15468
or publicly funded child care for no more than four hours a day	15469
for any child.	15470

~~(II)~~(HH) "Place of worship" means a building where activities	15471
of an organized religious group are conducted and includes the	15472
grounds and any other buildings on the grounds used for such	15473
activities.	15474

~~(JJ)~~(II) "Preschool-age child" means a child who is three	15475
years old or older but is not a school-age child.	15476

~~(KK)~~(JJ) "Protective child care" means publicly funded child	15477
care for the direct care and protection of a child to whom either	15478
of the following applies:	15479

(1) A case plan prepared and maintained for the child	15480
pursuant to section 2151.412 of the Revised Code indicates a need	15481
for protective care and the child resides with a parent,	15482
stepparent, guardian, or another person who stands in loco	15483
parentis as defined in rules adopted under section 5104.38 of the	15484
Revised Code;	15485

(2) The child and the child's caretaker either temporarily	15486
reside in a facility providing emergency shelter for homeless	15487
families or are determined by the county department of job and	15488
family services to be homeless, and are otherwise ineligible for	15489
publicly funded child care.	15490

~~(LL)~~(KK) "Publicly funded child care" means administering to	15491
the needs of infants, toddlers, preschool-age children, and	15492
school-age children under age thirteen during any part of the	15493
twenty-four-hour day by persons other than their caretaker parents	15494
for remuneration wholly or in part with federal or state funds,	15495
including funds available under the child care block grant act,	15496
Title IV-A, and Title XX, distributed by the department of job and	15497
family services.	15498

~~(MM)~~(LL) "Religious activities" means any of the following:	15499
worship or other religious services; religious instruction; Sunday	15500
school classes or other religious classes conducted during or	15501
prior to worship or other religious services; youth or adult	15502
fellowship activities; choir or other musical group practices or	15503
programs; meals; festivals; or meetings conducted by an organized	15504
religious group.	15505

~~(NN)~~(MM) "School-age child" means a child who is enrolled in	15506
or is eligible to be enrolled in a grade of kindergarten or above	15507
but is less than fifteen years old.	15508

~~(OO)~~(NN) "School-age child care center" and "school-age child	15509
type A home" mean a center or type A home that provides child care	15510
for school-age children only and that does either or both of the	15511
following:	15512

(1) Operates only during that part of the day that	15513
immediately precedes or follows the public school day of the	15514
school district in which the center or type A home is located;	15515

(2) Operates only when the public schools in the school	15516
district in which the center or type A home is located are not	15517
open for instruction with pupils in attendance.	15518

~~(PP)~~(OO) "Serious risk noncompliance" means a licensure or	15519
certification rule violation that leads to a great risk of harm	15520
to, or death of, a child, and is observable, not inferable.	15521

~~(QQ)~~(PP) "State median income" means the state median income	15522
calculated by the department of development pursuant to division	15523
(A)(1)(g) of section 5709.61 of the Revised Code.	15524

~~(RR)~~(QQ) "Title IV-A" means Title IV-A of the "Social	15525
Security Act," 110 Stat. 2113 (1996), 42 U.S.C. 601, as amended.	15526

~~(SS)~~(RR) "Title XX" means Title XX of the "Social Security	15527
Act," 88 Stat. 2337 (1974), 42 U.S.C. 1397, as amended.	15528

~~(TT)~~(SS) "Toddler" means a child who is at least eighteen	15529
months of age but less than three years of age.	15530

~~(UU)~~(TT) "Type A family day-care home" and "type A home" mean	15531
a permanent residence of the administrator in which child care or	15532
publicly funded child care is provided for seven to twelve	15533
children at one time or a permanent residence of the administrator	15534
in which child care is provided for four to twelve children at one	15535
time if four or more children at one time are under two years of	15536
age. In counting children for the purposes of this division, any	15537
children under six years of age who are related to a licensee,	15538
administrator, or employee and who are on the premises of the type	15539
A home shall be counted. "Type A family day-care home" and "type A	15540
home" do not include any child day camp.	15541

~~(VV)~~(UU) "Type B family day-care home" and "type B home" mean	15542
a permanent residence of the provider in which child care is	15543
provided for one to six children at one time and in which no more	15544
than three children are under two years of age at one time. In	15545
counting children for the purposes of this division, any children	15546
under six years of age who are related to the provider and who are	15547
on the premises of the type B home shall be counted. "Type B	15548
family day-care home" and "type B home" do not include any child	15549
day camp.	15550

Sec. 5104.012. (A)(1) At the times specified in this	15551
division, the administrator of a child day-care center or a type A	15552
family day-care home shall request the superintendent of the	15553
bureau of criminal identification and investigation to conduct a	15554
criminal records check with respect to any applicant who has	15555
applied to the center or type A home for employment as a person	15556
responsible for the care, custody, or control of a child.	15557

The administrator shall request a criminal records check	15558
pursuant to this division at the time of the applicant's initial	15559
application for employment and every four years thereafter. When	15560
the administrator requests pursuant to this division a criminal	15561
records check for an applicant at the time of the applicant's	15562
initial application for employment, the administrator shall	15563
request that the superintendent obtain information from the	15564
federal bureau of investigation as a part of the criminal records	15565
check for the applicant, including fingerprint-based checks of	15566
national crime information databases as described in 42 U.S.C.	15567
671, for the person subject to the criminal records check. In all	15568
other cases in which the administrator requests a criminal records	15569
check for an applicant pursuant to this division, the	15570
administrator may request that the superintendent include	15571
information from the federal bureau of investigation in the	15572
criminal records check, including fingerprint-based checks of	15573
national crime information databases as described in 42 U.S.C.	15574
671.	15575

(2) A person required by division (A)(1) of this section to	15576
request a criminal records check shall provide to each applicant a	15577
copy of the form prescribed pursuant to division (C)(1) of section	15578
109.572 of the Revised Code, provide to each applicant a standard	15579
impression sheet to obtain fingerprint impressions prescribed	15580
pursuant to division (C)(2) of section 109.572 of the Revised	15581
Code, obtain the completed form and impression sheet from each	15582
applicant, and forward the completed form and impression sheet to	15583
the superintendent of the bureau of criminal identification and	15584
investigation at the time the person requests a criminal records	15585
check pursuant to division (A)(1) of this section. On and after	15586
August 14, 2008, the administrator of a child day-care center or a	15587
type A family day-care home shall review the results of the	15588
criminal records check before the applicant has sole	15589
responsibility for the care, custody, or control of any child.	15590

(3) An applicant who receives pursuant to division (A)(2) of	15591
this section a copy of the form prescribed pursuant to division	15592
(C)(1) of section 109.572 of the Revised Code and a copy of an	15593
impression sheet prescribed pursuant to division (C)(2) of that	15594
section and who is requested to complete the form and provide a	15595
set of fingerprint impressions shall complete the form or provide	15596
all the information necessary to complete the form and shall	15597
provide the impression sheet with the impressions of the	15598
applicant's fingerprints. If an applicant, upon request, fails to	15599
provide the information necessary to complete the form or fails to	15600
provide impressions of the applicant's fingerprints, the center or	15601
type A home shall not employ that applicant for any position for	15602
which a criminal records check is required by division (A)(1) of	15603
this section.	15604

(B)(1) Except as provided in rules adopted under division (E)	15605
of this section, no child day-care center or type A family	15606
day-care home shall employ or contract with another entity for the	15607
services of a person as a person responsible for the care,	15608
custody, or control of a child if the person previously has been	15609
convicted of or pleaded guilty to any of the violations described	15610
in division (A)(9) of section 109.572 of the Revised Code.	15611

(2) A child day-care center or type A family day-care home	15612
may employ an applicant conditionally until the criminal records	15613
check required by this section is completed and the center or home	15614
receives the results of the criminal records check. If the results	15615
of the criminal records check indicate that, pursuant to division	15616
(B)(1) of this section, the applicant does not qualify for	15617
employment, the center or home shall release the applicant from	15618
employment.	15619

(C)(1) Each child day-care center and type A family day-care	15620
home shall pay to the bureau of criminal identification and	15621
investigation the fee prescribed pursuant to division (C)(3) of	15622
section 109.572 of the Revised Code for each criminal records	15623
check conducted in accordance with that section upon the request	15624
pursuant to division (A)(1) of this section of the administrator	15625
or provider of the center or home.	15626

(2) A child day-care center and type A family day-care home	15627
may charge an applicant a fee for the costs it incurs in obtaining	15628
a criminal records check under this section. A fee charged under	15629
this division shall not exceed the amount of fees the center or	15630
home pays under division (C)(1) of this section. If a fee is	15631
charged under this division, the center or home shall notify the	15632
applicant at the time of the applicant's initial application for	15633
employment of the amount of the fee and that, unless the fee is	15634
paid, the center or type A home will not consider the applicant	15635
for employment.	15636

(D) The report of any criminal records check conducted by the	15637
bureau of criminal identification and investigation in accordance	15638
with section 109.572 of the Revised Code and pursuant to a request	15639
under division (A)(1) of this section is not a public record for	15640
the purposes of section 149.43 of the Revised Code and shall not	15641
be made available to any person other than the applicant who is	15642
the subject of the criminal records check or the applicant's	15643
representative; the center or type A home requesting the criminal	15644
records check or its representative; the department of job and	15645
family services or a county department of job and family services;	15646
and any court, hearing officer, or other necessary individual	15647
involved in a case dealing with the denial of employment to the	15648
applicant.	15649

(E) The director of job and family services shall adopt rules	15650
pursuant to Chapter 119. of the Revised Code to implement this	15651
section, including rules specifying circumstances under which a	15652
center or home may hire a person who has been convicted of an	15653
offense listed in division (B)(1) of this section but who meets	15654
standards in regard to rehabilitation set by the department.	15655

(F) Any person required by division (A)(1) of this section to	15656
request a criminal records check shall inform each person, at the	15657
time of the person's initial application for employment, that the	15658
person is required to provide a set of impressions of the person's	15659
fingerprints and that a criminal records check is required to be	15660
conducted and satisfactorily completed in accordance with section	15661
109.572 of the Revised Code if the person comes under final	15662
consideration for appointment or employment as a precondition to	15663
employment for that position.	15664

(G) As used in this section:

15665

(1) "Applicant" means a person who is under final	15666
consideration for appointment to or employment in a position with	15667
a child day-care center or a type A family day-care home as a	15668
person responsible for the care, custody, or control of a child;	15669
~~an in-home aide certified pursuant to section 5104.12 of the~~	15670
~~Revised Code;~~ or any person who would serve in any position with a	15671
child day-care center or a type A family day-care home as a person	15672
responsible for the care, custody, or control of a child pursuant	15673
to a contract with another entity.	15674

(2) "Criminal records check" has the same meaning as in	15675
section 109.572 of the Revised Code.	15676

Sec. 5104.013. (A)(1) At the times specified in division	15677
(A)(3) of this section, the director of job and family services,	15678
as part of the process of licensure of child day-care centers ~~and~~,	15679
type A family day-care homes, and licensed type B family day-care	15680
homes shall request the superintendent of the bureau of criminal	15681
identification and investigation to conduct a criminal records	15682
check with respect to the following persons:	15683

(a) Any owner, licensee, or administrator of a child day-care	15684
center;	15685

(b) Any owner, licensee, or administrator of a type A family	15686
day-care home and any person eighteen years of age or older who	15687
resides in a type A family day-care home.;	15688

~~(2) At the times specified in division (A)(3) of this~~	15689
~~section, the director of a county department of job and family~~	15690
~~services, as part of the process of certification of type B family~~	15691
~~day-care homes, shall request the superintendent of the bureau of~~	15692
~~criminal identification and investigation to conduct a criminal~~	15693
~~records check with respect to any authorized provider~~(c) Any	15694
administrator of a ~~certified~~licensed type B family day-care home	15695
and any person eighteen years of age or older who resides in a	15696
~~certified~~licensed type B family day-care home.	15697

(2) At the time specified in division (A)(3) of this section,	15698
the director of a county department of job and family services, as	15699
part of the process of certification of in-home aides, shall	15700
request the superintendent of the bureau of criminal	15701
identification and investigation to conduct a criminal records	15702
check with respect to any in-home aide.	15703

(3) The director of job and family services shall request a	15704
criminal records check pursuant to division (A)(1) of this section	15705
at the time of the initial application for licensure and every	15706
four years thereafter. The director of a county department of job	15707
and family services shall request a criminal records check	15708
pursuant to division (A)(2) of this section at the time of the	15709
initial application for certification and every four years	15710
thereafter ~~at the time of a certification renewal~~. When the	15711
director of job and family services or the director of a county	15712
department of job and family services requests pursuant to	15713
division (A)(1) or (2) of this section a criminal records check	15714
for a person at the time of the person's initial application for	15715
licensure or certification, the director shall request that the	15716
superintendent of the bureau of criminal identification and	15717
investigation obtain information from the federal bureau of	15718
investigation as a part of the criminal records check for the	15719
person, including fingerprint-based checks of national crime	15720
information databases as described in 42 U.S.C. 671 for the person	15721
subject to the criminal records check. In all other cases in which	15722
the director of job and family services or the director of a	15723
county department of job and family services requests a criminal	15724
records check for an applicant pursuant to division (A)(1) or (2)	15725
of this section, the director may request that the superintendent	15726
include information from the federal bureau of investigation in	15727
the criminal records check, including fingerprint-based checks of	15728
national crime information databases as described in 42 U.S.C.	15729
671.	15730

(4) The director of job and family services shall review the	15731
results of a criminal records check subsequent to a request made	15732
pursuant to divisions (A)(1) and (3) of this section prior to	15733
approval of a license. The director of a county department of job	15734
and family services shall review the results of a criminal records	15735
check subsequent to a request made pursuant to divisions (A)(2)	15736
and (3) of this section prior to approval of certification.	15737

(B) The director of job and family services or the director	15738
of a county department of job and family services shall provide to	15739
each person for whom a criminal records check is required under	15740
this section a copy of the form prescribed pursuant to division	15741
(C)(1) of section 109.572 of the Revised Code and a standard	15742
impression sheet to obtain fingerprint impressions prescribed	15743
pursuant to division (C)(2) of that section, obtain the completed	15744
form and impression sheet from that person, and forward the	15745
completed form and impression sheet to the superintendent of the	15746
bureau of criminal identification and investigation.	15747

(C) A person who receives pursuant to division (B) of this	15748
section a copy of the form and standard impression sheet described	15749
in that division and who is requested to complete the form and	15750
provide a set of fingerprint impressions shall complete the form	15751
or provide all the information necessary to complete the form and	15752
shall provide the impression sheet with the impressions of the	15753
person's fingerprints. If the person, upon request, fails to	15754
provide the information necessary to complete the form or fails to	15755
provide impressions of the person's fingerprints, the director may	15756
consider the failure as a reason to deny licensure or	15757
certification.	15758

(D) Except as provided in rules adopted under division (G) of	15759
this section, the director of job and family services shall not	15760
grant a license to a child day-care center or, type A family	15761
day-care home ~~and a county director of job and family services~~	15762
~~shall not certify a~~, or type B family day-care home and a county	15763
director of job and family services shall not certify an in-home	15764
aide if a person for whom a criminal records check was required in	15765
connection with the center or home previously has been convicted	15766
of or pleaded guilty to any of the violations described in	15767
division (A)(9) of section 109.572 of the Revised Code.	15768

(E) Each child day-care center, type A family day-care home,	15769
and type B family day-care home shall pay to the bureau of	15770
criminal identification and investigation the fee prescribed	15771
pursuant to division (C)(3) of section 109.572 of the Revised Code	15772
for each criminal records check conducted in accordance with that	15773
section upon a request made pursuant to division (A) of this	15774
section.	15775

(F) The report of any criminal records check conducted by the	15776
bureau of criminal identification and investigation in accordance	15777
with section 109.572 of the Revised Code and pursuant to a request	15778
made under division (A) of this section is not a public record for	15779
the purposes of section 149.43 of the Revised Code and shall not	15780
be made available to any person other than the person who is the	15781
subject of the criminal records check or the person's	15782
representative, the director of job and family services, the	15783
director of a county department of job and family services, the	15784
center, type A home, or type B home involved, and any court,	15785
hearing officer, or other necessary individual involved in a case	15786
dealing with a denial of licensure or certification related to the	15787
criminal records check.	15788

(G) The director of job and family services shall adopt rules	15789
~~pursuant to~~in accordance with Chapter 119. of the Revised Code to	15790
implement this section, including rules specifying exceptions to	15791
the prohibition in division (D) of this section for persons who	15792
have been convicted of an offense listed in that division but who	15793
meet standards in regard to rehabilitation set by the ~~department~~	15794
director.	15795

(H) As used in this section, "criminal records check" has the	15796
same meaning as in section 109.572 of the Revised Code.	15797

~~Sec. 5104.011.~~ Sec. 5104.015. ~~(A)~~ The director of job and family	15798
services shall adopt rules ~~pursuant to~~in accordance with Chapter	15799
119. of the Revised Code governing the operation of child day-care	15800
centers, including~~, but not limited to,~~ parent cooperative	15801
centers, part-time centers, drop-in centers, and school-age child	15802
care centers~~, which~~. The rules shall reflect the various forms of	15803
child care and the needs of children receiving child care or	15804
publicly funded child care and shall include specific rules for	15805
school-age child care centers that are developed in consultation	15806
with the department of education. The rules shall not require an	15807
existing school facility that is in compliance with applicable	15808
building codes to undergo an additional building code inspection	15809
or to have structural modifications. The rules shall include the	15810
following:	15811

~~(1)~~(A) Submission of a site plan and descriptive plan of	15812
operation to demonstrate how the center proposes to meet the	15813
requirements of this chapter and rules adopted pursuant to this	15814
chapter for the initial license application;	15815

~~(2)~~(B) Standards for ensuring that the physical surroundings	15816
of the center are safe and sanitary including~~, but not limited to,~~	15817
the physical environment, the physical plant, and the equipment of	15818
the center;	15819

~~(3)~~(C) Standards for the supervision, care, and discipline of	15820
children receiving child care or publicly funded child care in the	15821
center;	15822

~~(4)~~(D) Standards for a program of activities, and for play	15823
equipment, materials, and supplies, to enhance the development of	15824
each child; however, any educational curricula, philosophies, and	15825
methodologies that are developmentally appropriate and that	15826
enhance the social, emotional, intellectual, and physical	15827
development of each child shall be permissible. As used in this	15828
division, "program" does not include instruction in religious or	15829
moral doctrines, beliefs, or values that is conducted at child	15830
day-care centers owned and operated by churches and does include	15831
methods of disciplining children at child day-care centers.	15832

~~(5)~~(E) Admissions policies and procedures, health care	15833
policies and procedures, including~~, but not limited to,~~ procedures	15834
for the isolation of children with communicable diseases, first	15835
aid and emergency procedures, procedures for discipline and	15836
supervision of children, standards for the provision of nutritious	15837
meals and snacks, and procedures for screening children and	15838
employees, that may include any necessary physical examinations	15839
and immunizations;	15840

~~(6)~~(F) Methods for encouraging parental participation in the	15841
center and methods for ensuring that the rights of children,	15842
parents, and employees are protected and that responsibilities of	15843
parents and employees are met;	15844

~~(7)~~(G) Procedures for ensuring the safety and adequate	15845
supervision of children traveling off the premises of the center	15846
while under the care of a center employee;	15847

~~(8)~~(H) Procedures for record keeping, organization, and	15848
administration;	15849

~~(9)~~(I) Procedures for issuing, denying, and revoking a	15850
license that are not otherwise provided for in Chapter 119. of the	15851
Revised Code;	15852

~~(10)~~(J) Inspection procedures;

15853

~~(11)~~(K) Procedures and standards for setting initial license	15854
application fees;	15855

~~(12)~~(L) Procedures for receiving, recording, and responding	15856
to complaints about centers;	15857

~~(13)~~(M) Procedures for enforcing section 5104.04 of the	15858
Revised Code;	15859

~~(14)~~(N) A standard requiring the inclusion~~, on and after July~~	15860
~~1, 1987,~~ of a current department of job and family services	15861
toll-free telephone number on each center provisional license or	15862
license which any person may use to report a suspected violation	15863
by the center of this chapter or rules adopted pursuant to this	15864
chapter;	15865

~~(15)~~(O) Requirements for the training of administrators and	15866
child-care staff members in first aid, in prevention, recognition,	15867
and management of communicable diseases, and in child abuse	15868
recognition and prevention. Training requirements for child	15869
day-care centers adopted under this division shall be consistent	15870
with ~~divisions (B)(6) and (C)(1) of this section~~sections 5104.034	15871
and 5104.037 of the Revised Code.	15872

~~(16)~~(P) Standards providing for the special needs of children	15873
who are handicapped or who require treatment for health conditions	15874
while the child is receiving child care or publicly funded child	15875
care in the center;	15876

~~(17)~~(Q) A procedure for reporting of injuries of children	15877
that occur at the center;	15878

~~(18)~~(R) Standards for licensing child day-care centers for	15879
children with short-term illnesses and other temporary medical	15880
conditions;	15881

(S) Any other procedures and standards necessary to carry out	15882
the provisions of this chapter regarding child day-care centers.	15883

~~(B)(1) The child day-care center shall have, for each child~~	15884
~~for whom the center is licensed, at least thirty-five square feet~~	15885
~~of usable indoor floor space wall-to-wall regularly available for~~	15886
~~the child care operation exclusive of any parts of the structure~~	15887
~~in which the care of children is prohibited by law or by rules~~	15888
~~adopted by the board of building standards. The minimum of~~	15889
~~thirty-five square feet of usable indoor floor space shall not~~	15890
~~include hallways, kitchens, storage areas, or any other areas that~~	15891
~~are not available for the care of children, as determined by the~~	15892
~~director, in meeting the space requirement of this division, and~~	15893
~~bathrooms shall be counted in determining square footage only if~~	15894
~~they are used exclusively by children enrolled in the center,~~	15895
~~except that the exclusion of hallways, kitchens, storage areas,~~	15896
~~bathrooms not used exclusively by children enrolled in the center,~~	15897
~~and any other areas not available for the care of children from~~	15898
~~the minimum of thirty-five square feet of usable indoor floor~~	15899
~~space shall not apply to:~~	15900

~~(a) Centers licensed prior to or on September 1, 1986, that~~	15901
~~continue under licensure after that date;~~	15902

~~(b) Centers licensed prior to or on September 1, 1986, that~~	15903
~~are issued a new license after that date solely due to a change of~~	15904
~~ownership of the center.~~	15905

~~(2) The child day-care center shall have on the site a safe~~	15906
~~outdoor play space which is enclosed by a fence or otherwise~~	15907
~~protected from traffic or other hazards. The play space shall~~	15908
~~contain not less than sixty square feet per child using such space~~	15909
~~at any one time, and shall provide an opportunity for supervised~~	15910
~~outdoor play each day in suitable weather. The director may exempt~~	15911
~~a center from the requirement of this division, if an outdoor play~~	15912
~~space is not available and if all of the following are met:~~	15913

~~(a) The center provides an indoor recreation area that has~~	15914
~~not less than sixty square feet per child using the space at any~~	15915
~~one time, that has a minimum of one thousand four hundred forty~~	15916
~~square feet of space, and that is separate from the indoor space~~	15917
~~required under division (B)(1) of this section.~~	15918

~~(b) The director has determined that there is regularly~~	15919
~~available and scheduled for use a conveniently accessible and safe~~	15920
~~park, playground, or similar outdoor play area for play or~~	15921
~~recreation.~~	15922

~~(c) The children are closely supervised during play and while~~	15923
~~traveling to and from the area.~~	15924

~~The director also shall exempt from the requirement of this~~	15925
~~division a child day-care center that was licensed prior to~~	15926
~~September 1, 1986, if the center received approval from the~~	15927
~~director prior to September 1, 1986, to use a park, playground, or~~	15928
~~similar area, not connected with the center, for play or~~	15929
~~recreation in lieu of the outdoor space requirements of this~~	15930
~~section and if the children are closely supervised both during~~	15931
~~play and while traveling to and from the area and except if the~~	15932
~~director determines upon investigation and inspection pursuant to~~	15933
~~section 5104.04 of the Revised Code and rules adopted pursuant to~~	15934
~~that section that the park, playground, or similar area, as well~~	15935
~~as access to and from the area, is unsafe for the children.~~	15936

~~(3) The child day-care center shall have at least two~~	15937
~~responsible adults available on the premises at all times when~~	15938
~~seven or more children are in the center. The center shall~~	15939
~~organize the children in the center in small groups, shall provide~~	15940
~~child-care staff to give continuity of care and supervision to the~~	15941
~~children on a day-by-day basis, and shall ensure that no child is~~	15942
~~left alone or unsupervised. Except as otherwise provided in~~	15943
~~division (E) of this section, the maximum number of children per~~	15944
~~child-care staff member and maximum group size, by age category of~~	15945
~~children, are as follows:~~	15946

	~~Maximum Number of~~		15947
	~~Children Per~~	~~Maximum~~	15948
~~Age Category~~	~~Child-Care~~	~~Group~~	15949
~~of Children~~	~~Staff Member~~	~~Size~~	15950
~~(a) Infants:~~			15951
~~(i) Less than twelve~~			15952
~~months old~~	~~5:1, or~~		15953
	~~12:2 if two~~		15954
	~~child-care~~		15955
	~~staff members~~		15956
	~~are in the room~~	12	15957
~~(ii) At least twelve~~			15958
~~months old, but~~			15959
~~less than eighteen~~			15960
~~months old~~	~~6:1~~	12	15961
~~(b) Toddlers:~~			15962
~~(i) At least eighteen~~			15963
~~months old, but~~			15964
~~less than thirty~~			15965
~~months old~~	~~7:1~~	14	15966
~~(ii) At least thirty months~~			15967
~~old, but less than~~			15968
~~three years old~~	~~8:1~~	16	15969
~~(c) Preschool~~			15970
~~children:~~			15971
~~(i) Three years old~~	~~12:1~~	24	15972
~~(ii) Four years old and~~			15973
~~five years old who~~			15974
~~are not school~~			15975
~~children~~	~~14:1~~	28	15976
~~(d) School children:~~			15977
~~(i) A child who is~~			15978
~~enrolled in or is~~			15979
~~eligible to be~~			15980
~~enrolled in a grade~~			15981
~~of kindergarten~~			15982
~~or above, but~~			15983
~~is less than~~			15984
~~eleven years old~~	~~18:1~~	36	15985
~~(ii) Eleven through fourteen~~			15986
~~years old~~	~~20:1~~	40	15987

~~Except as otherwise provided in division (E) of this section,~~	15988
~~the maximum number of children per child-care staff member and~~	15989
~~maximum group size requirements of the younger age group shall~~	15990
~~apply when age groups are combined.~~	15991

~~(C)(1) Each child day-care center shall have on the center~~	15992
~~premises and readily available at all times at least one~~	15993
~~child-care staff member who has completed a course in first aid,~~	15994
~~one staff member who has completed a course in prevention,~~	15995
~~recognition, and management of communicable diseases which is~~	15996
~~approved by the state department of health, and a staff member who~~	15997
~~has completed a course in child abuse recognition and prevention~~	15998
~~training which is approved by the department of job and family~~	15999
~~services.~~	16000

~~(2) The administrator of each child day-care center shall~~	16001
~~maintain enrollment, health, and attendance records for all~~	16002
~~children attending the center and health and employment records~~	16003
~~for all center employees. The records shall be confidential,~~	16004
~~except that they shall be disclosed by the administrator to the~~	16005
~~director upon request for the purpose of administering and~~	16006
~~enforcing this chapter and rules adopted pursuant to this chapter.~~	16007
~~Neither the center nor the licensee, administrator, or employees~~	16008
~~of the center shall be civilly or criminally liable in damages or~~	16009
~~otherwise for records disclosed to the director by the~~	16010
~~administrator pursuant to this division. It shall be a defense to~~	16011
~~any civil or criminal charge based upon records disclosed by the~~	16012
~~administrator to the director that the records were disclosed~~	16013
~~pursuant to this division.~~	16014

~~(3)(a) Any parent who is the residential parent and legal~~	16015
~~custodian of a child enrolled in a child day-care center and any~~	16016
~~custodian or guardian of such a child shall be permitted unlimited~~	16017
~~access to the center during its hours of operation for the~~	16018
~~purposes of contacting their children, evaluating the care~~	16019
~~provided by the center, evaluating the premises of the center, or~~	16020
~~for other purposes approved by the director. A parent of a child~~	16021
~~enrolled in a child day-care center who is not the child's~~	16022
~~residential parent shall be permitted unlimited access to the~~	16023
~~center during its hours of operation for those purposes under the~~	16024
~~same terms and conditions under which the residential parent of~~	16025
~~that child is permitted access to the center for those purposes.~~	16026
~~However, the access of the parent who is not the residential~~	16027
~~parent is subject to any agreement between the parents and, to the~~	16028
~~extent described in division (C)(3)(b) of this section, is subject~~	16029
~~to any terms and conditions limiting the right of access of the~~	16030
~~parent who is not the residential parent, as described in division~~	16031
~~(I) of section 3109.051 of the Revised Code, that are contained in~~	16032
~~a parenting time order or decree issued under that section,~~	16033
~~section 3109.12 of the Revised Code, or any other provision of the~~	16034
~~Revised Code.~~	16035

~~(b) If a parent who is the residential parent of a child has~~	16036
~~presented the administrator or the administrator's designee with a~~	16037
~~copy of a parenting time order that limits the terms and~~	16038
~~conditions under which the parent who is not the residential~~	16039
~~parent is to have access to the center, as described in division~~	16040
~~(I) of section 3109.051 of the Revised Code, the parent who is not~~	16041
~~the residential parent shall be provided access to the center only~~	16042
~~to the extent authorized in the order. If the residential parent~~	16043
~~has presented such an order, the parent who is not the residential~~	16044
~~parent shall be permitted access to the center only in accordance~~	16045
~~with the most recent order that has been presented to the~~	16046
~~administrator or the administrator's designee by the residential~~	16047
~~parent or the parent who is not the residential parent.~~	16048

~~(c) Upon entering the premises pursuant to division (C)(3)(a)~~	16049
~~or (b) of this section, the parent who is the residential parent~~	16050
~~and legal custodian, the parent who is not the residential parent,~~	16051
~~or the custodian or guardian shall notify the administrator or the~~	16052
~~administrator's designee of the parent's, custodian's, or~~	16053
~~guardian's presence.~~	16054

~~(D) The director of job and family services, in addition to~~	16055
~~the rules adopted under division (A) of this section, shall adopt~~	16056
~~rules establishing minimum requirements for child day-care~~	16057
~~centers. The rules shall include, but not be limited to, the~~	16058
~~requirements set forth in divisions (B) and (C) of this section~~	16059
~~and sections 5104.031, 5104.032, and 5104.033 of the Revised Code.~~	16060
~~Except as provided in section 5104.07 of the Revised Code, the~~	16061
~~rules shall not change the square footage requirements of division~~	16062
~~(B)(1) or (2) of this section; the maximum number of children per~~	16063
~~child-care staff member and maximum group size requirements of~~	16064
~~division (B)(3) of this section; the educational and experience~~	16065
~~requirements of section 5104.031 of the Revised Code; the age,~~	16066
~~educational, and experience requirements of section 5104.032 of~~	16067
~~the Revised Code; the number and type of inservice training hours~~	16068
~~required under section 5104.033 of the Revised Code; however, the~~	16069
~~rules shall provide procedures for determining compliance with~~	16070
~~those requirements.~~	16071

~~(E)(1) When age groups are combined, the maximum number of~~	16072
~~children per child-care staff member shall be determined by the~~	16073
~~age of the youngest child in the group, except that when no more~~	16074
~~than one child thirty months of age or older receives services in~~	16075
~~a group in which all the other children are in the next older age~~	16076
~~group, the maximum number of children per child-care staff member~~	16077
~~and maximum group size requirements of the older age group~~	16078
~~established under division (B)(3) of this section shall apply.~~	16079

~~(2) The maximum number of toddlers or preschool children per~~	16080
~~child-care staff member in a room where children are napping shall~~	16081
~~be twice the maximum number of children per child-care staff~~	16082
~~member established under division (B)(3) of this section if all~~	16083
~~the following criteria are met:~~	16084

~~(a) At least one child-care staff member is present in the~~	16085
~~room.~~	16086

~~(b) Sufficient child-care staff members are on the child~~	16087
~~day-care center premises to meet the maximum number of children~~	16088
~~per child-care staff member requirements established under~~	16089
~~division (B)(3) of this section.~~	16090

~~(c) Naptime preparations are complete and all napping~~	16091
~~children are resting or sleeping on cots.~~	16092

~~(d) The maximum number established under division (E)(2) of~~	16093
~~this section is in effect for no more than two hours during a~~	16094
~~twenty-four-hour day.~~	16095

~~(F) The director of job and family services shall adopt rules~~	16096
~~pursuant to Chapter 119. of the Revised Code governing the~~	16097
~~operation of type A family day-care homes, including, but not~~	16098
~~limited to, parent cooperative type A homes, part-time type A~~	16099
~~homes, drop-in type A homes, and school child type A homes, which~~	16100
~~shall reflect the various forms of child care and the needs of~~	16101
~~children receiving child care. The rules shall include the~~	16102
~~following:~~	16103

~~(1) Submission of a site plan and descriptive plan of~~	16104
~~operation to demonstrate how the type A home proposes to meet the~~	16105
~~requirements of this chapter and rules adopted pursuant to this~~	16106
~~chapter for the initial license application;~~	16107

~~(2) Standards for ensuring that the physical surroundings of~~	16108
~~the type A home are safe and sanitary, including, but not limited~~	16109
~~to, the physical environment, the physical plant, and the~~	16110
~~equipment of the type A home;~~	16111

~~(3) Standards for the supervision, care, and discipline of~~	16112
~~children receiving child care or publicly funded child care in the~~	16113
~~type A home;~~	16114

~~(4) Standards for a program of activities, and for play~~	16115
~~equipment, materials, and supplies, to enhance the development of~~	16116
~~each child; however, any educational curricula, philosophies, and~~	16117
~~methodologies that are developmentally appropriate and that~~	16118
~~enhance the social, emotional, intellectual, and physical~~	16119
~~development of each child shall be permissible;~~	16120

~~(5) Admissions policies and procedures, health care policies~~	16121
~~and procedures, including, but not limited to, procedures for the~~	16122
~~isolation of children with communicable diseases, first aid and~~	16123
~~emergency procedures, procedures for discipline and supervision of~~	16124
~~children, standards for the provision of nutritious meals and~~	16125
~~snacks, and procedures for screening children and employees,~~	16126
~~including, but not limited to, any necessary physical examinations~~	16127
~~and immunizations;~~	16128

~~(6) Methods for encouraging parental participation in the~~	16129
~~type A home and methods for ensuring that the rights of children,~~	16130
~~parents, and employees are protected and that the responsibilities~~	16131
~~of parents and employees are met;~~	16132

~~(7) Procedures for ensuring the safety and adequate~~	16133
~~supervision of children traveling off the premises of the type A~~	16134
~~home while under the care of a type A home employee;~~	16135

~~(8) Procedures for record keeping, organization, and~~	16136
~~administration;~~	16137

~~(9) Procedures for issuing, denying, and revoking a license~~	16138
~~that are not otherwise provided for in Chapter 119. of the Revised~~	16139
~~Code;~~	16140

~~(10) Inspection procedures;~~

16141

~~(11) Procedures and standards for setting initial license~~	16142
~~application fees;~~	16143

~~(12) Procedures for receiving, recording, and responding to~~	16144
~~complaints about type A homes;~~	16145

~~(13) Procedures for enforcing section 5104.04 of the Revised~~	16146
~~Code;~~	16147

~~(14) A standard requiring the inclusion, on or after July 1,~~	16148
~~1987, of a current department of job and family services toll-free~~	16149
~~telephone number on each type A home provisional license or~~	16150
~~license which any person may use to report a suspected violation~~	16151
~~by the type A home of this chapter or rules adopted pursuant to~~	16152
~~this chapter;~~	16153

~~(15) Requirements for the training of administrators and~~	16154
~~child-care staff members in first aid, in prevention, recognition,~~	16155
~~and management of communicable diseases, and in child abuse~~	16156
~~recognition and prevention;~~	16157

~~(16) Standards providing for the special needs of children~~	16158
~~who are handicapped or who require treatment for health conditions~~	16159
~~while the child is receiving child care or publicly funded child~~	16160
~~care in the type A home;~~	16161

~~(17) Standards for the maximum number of children per~~	16162
~~child-care staff member;~~	16163

~~(18) Requirements for the amount of usable indoor floor space~~	16164
~~for each child;~~	16165

~~(19) Requirements for safe outdoor play space;~~

16166

~~(20) Qualifications and training requirements for~~	16167
~~administrators and for child-care staff members;~~	16168

~~(21) Procedures for granting a parent who is the residential~~	16169
~~parent and legal custodian, or a custodian or guardian access to~~	16170
~~the type A home during its hours of operation;~~	16171

~~(22) Standards for the preparation and distribution of a~~	16172
~~roster of parents, custodians, and guardians;~~	16173

~~(23) Any other procedures and standards necessary to carry~~	16174
~~out this chapter.~~	16175

~~(G) The director of job and family services shall adopt rules~~	16176
~~pursuant to Chapter 119. of the Revised Code governing the~~	16177
~~certification of type B family day-care homes.~~	16178

~~(1) The rules shall include all of the following:~~

16179

~~(a) Procedures, standards, and other necessary provisions for~~	16180
~~granting limited certification to type B family day-care homes~~	16181
~~that are operated by the following adult providers:~~	16182

~~(i) Persons who provide child care for eligible children who~~	16183
~~are great-grandchildren, grandchildren, nieces, nephews, or~~	16184
~~siblings of the provider or for eligible children whose caretaker~~	16185
~~parent is a grandchild, child, niece, nephew, or sibling of the~~	16186
~~provider;~~	16187

~~(ii) Persons who provide child care for eligible children all~~	16188
~~of whom are the children of the same caretaker parent;~~	16189

~~(b) Procedures for the director to ensure, that type B homes~~	16190
~~that receive a limited certification provide child care to~~	16191
~~children in a safe and sanitary manner;~~	16192

~~(c) Requirements for the type B home to notify parents with~~	16193
~~children in the type B home that the type B home is also certified~~	16194
~~as a foster home under section 5103.03 of the Revised Code.~~	16195

~~With regard to providers who apply for limited certification,~~	16196
~~a provider shall be granted a provisional limited certification on~~	16197
~~signing a declaration under oath attesting that the provider meets~~	16198
~~the standards for limited certification. Such provisional limited~~	16199
~~certifications shall remain in effect for no more than sixty~~	16200
~~calendar days and shall entitle the provider to offer publicly~~	16201
~~funded child care during the provisional period. Except as~~	16202
~~otherwise provided in division (G)(1) of this section, section~~	16203
~~5104.013 or 5104.09 of the Revised Code, or division (A)(2) of~~	16204
~~section 5104.11 of the Revised Code, prior to the expiration of~~	16205
~~the provisional limited certificate, a county department of job~~	16206
~~and family services shall inspect the home and shall grant limited~~	16207
~~certification to the provider if the provider meets the~~	16208
~~requirements of this division. Limited certificates remain valid~~	16209
~~for two years unless earlier revoked. Except as otherwise provided~~	16210
~~in division (G)(1) of this section, providers operating under~~	16211
~~limited certification shall be inspected annually.~~	16212

~~If a provider is a person described in division (G)(1)(a)(i)~~	16213
~~of this section or a person described in division (G)(1)(a)(ii) of~~	16214
~~this section who is a friend of the caretaker parent, the provider~~	16215
~~and the caretaker parent may verify in writing to the county~~	16216
~~department of job and family services that minimum health and~~	16217
~~safety requirements are being met in the home. Except as otherwise~~	16218
~~provided in section 5104.013 or 5104.09 or in division (A)(2) of~~	16219
~~section 5104.11 of the Revised Code, if such verification is~~	16220
~~provided, the county shall waive any inspection required by this~~	16221
~~chapter and grant limited certification to the provider.~~	16222

~~(2) The rules shall provide for safeguarding the health,~~	16223
~~safety, and welfare of children receiving child care or publicly~~	16224
~~funded child care in a certified type B home and shall include the~~	16225
~~following:~~	16226

~~(a) Standards for ensuring that the type B home and the~~	16227
~~physical surroundings of the type B home are safe and sanitary,~~	16228
~~including, but not limited to, physical environment, physical~~	16229
~~plant, and equipment;~~	16230

~~(b) Standards for the supervision, care, and discipline of~~	16231
~~children receiving child care or publicly funded child care in the~~	16232
~~home;~~	16233

~~(c) Standards for a program of activities, and for play~~	16234
~~equipment, materials, and supplies to enhance the development of~~	16235
~~each child; however, any educational curricula, philosophies, and~~	16236
~~methodologies that are developmentally appropriate and that~~	16237
~~enhance the social, emotional, intellectual, and physical~~	16238
~~development of each child shall be permissible;~~	16239

~~(d) Admission policies and procedures, health care, first aid~~	16240
~~and emergency procedures, procedures for the care of sick~~	16241
~~children, procedures for discipline and supervision of children,~~	16242
~~nutritional standards, and procedures for screening children and~~	16243
~~authorized providers, including, but not limited to, any necessary~~	16244
~~physical examinations and immunizations;~~	16245

~~(e) Methods of encouraging parental participation and~~	16246
~~ensuring that the rights of children, parents, and authorized~~	16247
~~providers are protected and the responsibilities of parents and~~	16248
~~authorized providers are met;~~	16249

~~(f) Standards for the safe transport of children when under~~	16250
~~the care of authorized providers;~~	16251

~~(g) Procedures for issuing, renewing, denying, refusing to~~	16252
~~renew, or revoking certificates;~~	16253

~~(h) Procedures for the inspection of type B homes that~~	16254
~~require, at a minimum, that each type B home be inspected prior to~~	16255
~~certification to ensure that the home is safe and sanitary;~~	16256

~~(i) Procedures for record keeping and evaluation;~~

16257

~~(j) Procedures for receiving, recording, and responding to~~	16258
~~complaints;~~	16259

~~(k) Standards providing for the special needs of children who~~	16260
~~are handicapped or who receive treatment for health conditions~~	16261
~~while the child is receiving child care or publicly funded child~~	16262
~~care in the type B home;~~	16263

~~(l) Requirements for the amount of usable indoor floor space~~	16264
~~for each child;~~	16265

~~(m) Requirements for safe outdoor play space;~~

16266

~~(n) Qualification and training requirements for authorized~~	16267
~~providers;~~	16268

~~(o) Procedures for granting a parent who is the residential~~	16269
~~parent and legal custodian, or a custodian or guardian access to~~	16270
~~the type B home during its hours of operation;~~	16271

~~(p) Requirements for the type B home to notify parents with~~	16272
~~children in the type B home that the type B home is also certified~~	16273
~~as a foster home under section 5103.03 of the Revised Code;~~	16274

~~(q) Any other procedures and standards necessary to carry out~~	16275
~~this chapter.~~	16276

~~(H) The director shall adopt rules pursuant to Chapter 119.~~	16277
~~of the Revised Code governing the certification of in-home aides.~~	16278
~~The rules shall include procedures, standards, and other necessary~~	16279
~~provisions for granting limited certification to in-home aides who~~	16280
~~provide child care for eligible children who are~~	16281
~~great-grandchildren, grandchildren, nieces, nephews, or siblings~~	16282
~~of the in-home aide or for eligible children whose caretaker~~	16283
~~parent is a grandchild, child, niece, nephew, or sibling of the~~	16284
~~in-home aide. The rules shall require, and shall include~~	16285
~~procedures for the director to ensure, that in-home aides that~~	16286
~~receive a limited certification provide child care to children in~~	16287
~~a safe and sanitary manner. The rules shall provide for~~	16288
~~safeguarding the health, safety, and welfare of children receiving~~	16289
~~publicly funded child care in their own home and shall include the~~	16290
~~following:~~	16291

~~(1) Standards for ensuring that the child's home and the~~	16292
~~physical surroundings of the child's home are safe and sanitary,~~	16293
~~including, but not limited to, physical environment, physical~~	16294
~~plant, and equipment;~~	16295

~~(2) Standards for the supervision, care, and discipline of~~	16296
~~children receiving publicly funded child care in their own home;~~	16297

~~(3) Standards for a program of activities, and for play~~	16298
~~equipment, materials, and supplies to enhance the development of~~	16299
~~each child; however, any educational curricula, philosophies, and~~	16300
~~methodologies that are developmentally appropriate and that~~	16301
~~enhance the social, emotional, intellectual, and physical~~	16302
~~development of each child shall be permissible;~~	16303

~~(4) Health care, first aid, and emergency procedures,~~	16304
~~procedures for the care of sick children, procedures for~~	16305
~~discipline and supervision of children, nutritional standards, and~~	16306
~~procedures for screening children and in-home aides, including,~~	16307
~~but not limited to, any necessary physical examinations and~~	16308
~~immunizations;~~	16309

~~(5) Methods of encouraging parental participation and~~	16310
~~ensuring that the rights of children, parents, and in-home aides~~	16311
~~are protected and the responsibilities of parents and in-home~~	16312
~~aides are met;~~	16313

~~(6) Standards for the safe transport of children when under~~	16314
~~the care of in-home aides;~~	16315

~~(7) Procedures for issuing, renewing, denying, refusing to~~	16316
~~renew, or revoking certificates;~~	16317

~~(8) Procedures for inspection of homes of children receiving~~	16318
~~publicly funded child care in their own homes;~~	16319

~~(9) Procedures for record keeping and evaluation;~~

16320

~~(10) Procedures for receiving, recording, and responding to~~	16321
~~complaints;~~	16322

~~(11) Qualifications and training requirements for in-home~~	16323
~~aides;~~	16324

~~(12) Standards providing for the special needs of children~~	16325
~~who are handicapped or who receive treatment for health conditions~~	16326
~~while the child is receiving publicly funded child care in the~~	16327
~~child's own home;~~	16328

~~(13) Any other procedures and standards necessary to carry~~	16329
~~out this chapter.~~	16330

~~(I) To the extent that any rules adopted for the purposes of~~	16331
~~this section require a health care professional to perform a~~	16332
~~physical examination, the rules shall include as a health care~~	16333
~~professional a physician assistant, a clinical nurse specialist, a~~	16334
~~certified nurse practitioner, or a certified nurse-midwife.~~	16335

~~(J)(1) The director of job and family services shall do all~~	16336
~~of the following:~~	16337

~~(a) Provide or make available in either paper or electronic~~	16338
~~form to each licensee notice of proposed rules governing the~~	16339
~~licensure of child day-care centers and type A homes;~~	16340

~~(b) Give public notice of hearings regarding the rules to~~	16341
~~each licensee at least thirty days prior to the date of the public~~	16342
~~hearing, in accordance with section 119.03 of the Revised Code;~~	16343

~~(c) At least thirty days before the effective date of a rule,~~	16344
~~provide, in either paper or electronic form, a copy of the adopted~~	16345
~~rule to each licensee.~~	16346

~~(2) The director shall do all of the following:~~

16347

~~(a) Send to each county director of job and family services a~~	16348
~~notice of proposed rules governing the certification of type B~~	16349
~~family homes and in-home aides that includes an internet web site~~	16350
~~address where the proposed rules can be viewed;~~	16351

~~(b) Give public notice of hearings regarding the proposed~~	16352
~~rules not less than thirty days in advance;~~	16353

~~(c) Provide to each county director of job and family~~	16354
~~services an electronic copy of each adopted rule at least~~	16355
~~forty-five days prior to the rule's effective date.~~	16356

~~(3) The county director of job and family services shall~~	16357
~~provide or make available in either paper or electronic form to~~	16358
~~each authorized provider and in-home aide copies of proposed rules~~	16359
~~and shall give public notice of hearings regarding the rules to~~	16360
~~each authorized provider and in-home aide at least thirty days~~	16361
~~prior to the date of the public hearing, in accordance with~~	16362
~~section 119.03 of the Revised Code. At least thirty days before~~	16363
~~the effective date of a rule, the county director of job and~~	16364
~~family services shall provide, in either paper or electronic form,~~	16365
~~copies of the adopted rule to each authorized provider and in-home~~	16366
~~aide.~~	16367

~~(4) Additional copies of proposed and adopted rules shall be~~	16368
~~made available by the director of job and family services to the~~	16369
~~public on request at no charge.~~	16370

~~(5) The director of job and family services may adopt rules~~	16371
~~pursuant to Chapter 119. of the Revised Code for imposing~~	16372
~~sanctions on persons and entities that are licensed or certified~~	16373
~~under this chapter. Sanctions may be imposed only for an action or~~	16374
~~omission that constitutes a serious risk noncompliance. The~~	16375
~~sanctions imposed shall be based on the scope and severity of the~~	16376
~~violations.~~	16377

~~The director shall make a dispute resolution process~~	16378
~~available for the implementation of sanctions. The process may~~	16379
~~include an opportunity for appeal pursuant to Chapter 119. of the~~	16380
~~Revised Code.~~	16381

~~(6) The director of job and family services shall adopt rules~~	16382
~~pursuant to Chapter 119. of the Revised Code that establish~~	16383
~~standards for the training of individuals whom any county~~	16384
~~department of job and family services employs, with whom any~~	16385
~~county department of job and family services contracts, or with~~	16386
~~whom the director of job and family services contracts, to inspect~~	16387
~~or investigate type B family day-care homes pursuant to section~~	16388
~~5104.11 of the Revised Code. The department shall provide training~~	16389
~~in accordance with those standards for individuals in the~~	16390
~~categories described in this division.~~	16391

~~(K) The director of job and family services shall review all~~	16392
~~rules adopted pursuant to this chapter at least once every seven~~	16393
~~years.~~	16394

~~(L) Notwithstanding any provision of the Revised Code, the~~	16395
~~director of job and family services shall not regulate in any way~~	16396
~~under this chapter or rules adopted pursuant to this chapter,~~	16397
~~instruction in religious or moral doctrines, beliefs, or values.~~	16398

Sec. 5104.016. The director of job and family services, in	16399
addition to the rules adopted under section 5104.015 of the	16400
Revised Code, shall adopt rules establishing minimum requirements	16401
for child day-care centers. The rules shall include the	16402
requirements set forth in sections 5104.032 to 5104.037 of the	16403
Revised Code. Except as provided in section 5104.07 of the Revised	16404
Code, the rules shall not change the square footage requirements	16405
of section 5104.032 of the Revised Code; the maximum number of	16406
children per child-care staff member and maximum group size	16407
requirements of section 5104.033 of the Revised Code; the	16408
educational and experience requirements of section 5104.035 of the	16409
Revised Code; the age, educational, and experience requirements of	16410
section 5104.036 of the Revised Code; the number and type of	16411
inservice training hours required under section 5104.037 of the	16412
Revised Code; however, the rules shall provide procedures for	16413
determining compliance with those requirements.	16414

Sec. 5104.017. The director of job and family services shall	16415
adopt rules pursuant to Chapter 119. of the Revised Code governing	16416
the operation of type A family day-care homes, including parent	16417
cooperative type A homes, part-time type A homes, drop-in type A	16418
homes, and school-age child type A homes. The rules shall reflect	16419
the various forms of child care and the needs of children	16420
receiving child care. The rules shall include the following:	16421

(A) Submission of a site plan and descriptive plan of	16422
operation to demonstrate how the type A home proposes to meet the	16423
requirements of this chapter and rules adopted pursuant to this	16424
chapter for the initial license application;	16425

(B) Standards for ensuring that the physical surroundings of	16426
the type A home are safe and sanitary, including the physical	16427
environment, the physical plant, and the equipment of the type A	16428
home;	16429

(C) Standards for the supervision, care, and discipline of	16430
children receiving child care or publicly funded child care in the	16431
type A home;	16432

(D) Standards for a program of activities, and for play	16433
equipment, materials, and supplies, to enhance the development of	16434
each child; however, any educational curricula, philosophies, and	16435
methodologies that are developmentally appropriate and that	16436
enhance the social, emotional, intellectual, and physical	16437
development of each child shall be permissible;	16438

(E) Admissions policies and procedures, health care policies	16439
and procedures, including procedures for the isolation of children	16440
with communicable diseases, first aid and emergency procedures,	16441
procedures for discipline and supervision of children, standards	16442
for the provision of nutritious meals and snacks, and procedures	16443
for screening children and employees, including any necessary	16444
physical examinations and immunizations;	16445

(F) Methods for encouraging parental participation in the	16446
type A home and methods for ensuring that the rights of children,	16447
parents, and employees are protected and that the responsibilities	16448
of parents and employees are met;	16449

(G) Procedures for ensuring the safety and adequate	16450
supervision of children traveling off the premises of the type A	16451
home while under the care of a type A home employee;	16452

(H) Procedures for record keeping, organization, and	16453
administration;	16454

(I) Procedures for issuing, denying, and revoking a license	16455
that are not otherwise provided for in Chapter 119. of the Revised	16456
Code;	16457

(J) Inspection procedures;

16458

(K) Procedures and standards for setting initial license	16459
application fees;	16460

(L) Procedures for receiving, recording, and responding to	16461
complaints about type A homes;	16462

(M) Procedures for enforcing section 5104.04 of the Revised	16463
Code;	16464

(N) A standard requiring the inclusion of a current	16465
department of job and family services toll-free telephone number	16466
on each type A home license that any person may use to report a	16467
suspected violation by the type A home of this chapter or rules	16468
adopted pursuant to this chapter;	16469

(O) Requirements for the training of administrators and	16470
child-care staff members in first aid, in prevention, recognition,	16471
and management of communicable diseases, and in child abuse	16472
recognition and prevention;	16473

(P) Standards providing for the special needs of children who	16474
are handicapped or who require treatment for health conditions	16475
while the child is receiving child care or publicly funded child	16476
care in the type A home;	16477

(Q) Standards for the maximum number of children per	16478
child-care staff member;	16479

(R) Requirements for the amount of usable indoor floor space	16480
for each child;	16481

(S) Requirements for safe outdoor play space;

16482

(T) Qualifications and training requirements for	16483
administrators and for child-care staff members;	16484

(U) Procedures for granting a parent who is the residential	16485
parent and legal custodian, or a custodian or guardian access to	16486
the type A home during its hours of operation;	16487

(V) Standards for the preparation and distribution of a	16488
roster of parents, custodians, and guardians;	16489

(W) Any other procedures and standards necessary to carry out	16490
the provisions of this chapter regarding type A homes.	16491

Sec. 5104.018. The director of job and family services shall	16492
adopt rules in accordance with Chapter 119. of the Revised Code	16493
governing the licensure of type B family day-care homes. The rules	16494
shall provide for safeguarding the health, safety, and welfare of	16495
children receiving child care or publicly funded child care in a	16496
licensed type B family day-care home and shall include all of the	16497
following:	16498

(A) Requirements for the type B home to notify parents with	16499
children in the type B home that the type B home is certified as a	16500
foster home under section 5103.03 of the Revised Code.	16501

(B) Standards for ensuring that the type B home and the	16502
physical surroundings of the type B home are safe and sanitary,	16503
including physical environment, physical plant, and equipment;	16504

(C) Standards for the supervision, care, and discipline of	16505
children receiving child care or publicly funded child care in the	16506
home;	16507

(D) Standards for a program of activities, and for play	16508
equipment, materials, and supplies to enhance the development of	16509
each child; however, any educational curricula, philosophies, and	16510
methodologies that are developmentally appropriate and that	16511
enhance the social, emotional, intellectual, and physical	16512
development of each child shall be permissible;	16513

(E) Admission policies and procedures, health care, first aid	16514
and emergency procedures, procedures for the care of sick	16515
children, procedures for discipline and supervision of children,	16516
nutritional standards, and procedures for screening children and	16517
administrators, including any necessary physical examinations and	16518
immunizations;	16519

(F) Methods of encouraging parental participation and	16520
ensuring that the rights of children, parents, and administrators	16521
are protected and the responsibilities of parents and	16522
administrators are met;	16523

(G) Standards for the safe transport of children when under	16524
the care of administrators;	16525

(H) Procedures for issuing, denying, or revoking licenses;

16526

(I) Procedures for the inspection of type B homes that	16527
require, at a minimum, that each type B home be inspected prior to	16528
licensure to ensure that the home is safe and sanitary;	16529

(J) Procedures for record keeping and evaluation;

16530

(K) Procedures for receiving, recording, and responding to	16531
complaints;	16532

(L) Standards providing for the special needs of children who	16533
are handicapped or who receive treatment for health conditions	16534
while the child is receiving child care or publicly funded child	16535
care in the type B home;	16536

(M) Requirements for the amount of usable indoor floor space	16537
for each child;	16538

(N) Requirements for safe outdoor play space;

16539

(O) Qualification and training requirements for	16540
administrators;	16541

(P) Procedures for granting a parent who is the residential	16542
parent and legal custodian, or a custodian or guardian access to	16543
the type B home during its hours of operation;	16544

(Q) Requirements for the type B home to notify parents with	16545
children in the type B home that the type B home is certified as a	16546
foster home under section 5103.03 of the Revised Code;	16547

(R) Any other procedures and standards necessary to carry out	16548
the provisions of this chapter regarding licensure of type B	16549
homes.	16550

Sec. 5104.019. The director of job and family services shall	16551
adopt rules in accordance with Chapter 119. of the Revised Code	16552
governing the certification of in-home aides. The rules shall	16553
provide for safeguarding the health, safety, and welfare of	16554
children receiving publicly funded child care in their own home	16555
and shall include the following:	16556

(A) Standards for ensuring that the child's home and the	16557
physical surroundings of the child's home are safe and sanitary,	16558
including physical environment, physical plant, and equipment;	16559

(B) Standards for the supervision, care, and discipline of	16560
children receiving publicly funded child care in their own home;	16561

(C) Standards for a program of activities, and for play	16562
equipment, materials, and supplies to enhance the development of	16563
each child; however, any educational curricula, philosophies, and	16564
methodologies that are developmentally appropriate and that	16565
enhance the social, emotional, intellectual, and physical	16566
development of each child shall be permissible;	16567

(D) Health care, first aid, and emergency procedures,	16568
procedures for the care of sick children, procedures for	16569
discipline and supervision of children, nutritional standards, and	16570
procedures for screening children and in-home aides, including any	16571
necessary physical examinations and immunizations;	16572

(E) Methods of encouraging parental participation and	16573
ensuring that the rights of children, parents, and in-home aides	16574
are protected and the responsibilities of parents and in-home	16575
aides are met;	16576

(F) Standards for the safe transport of children when under	16577
the care of in-home aides;	16578

(G) Procedures for issuing, renewing, denying, refusing to	16579
renew, or revoking certificates;	16580

(H) Procedures for inspection of homes of children receiving	16581
publicly funded child care in their own homes;	16582

(I) Procedures for record keeping and evaluation;

16583

(J) Procedures for receiving, recording, and responding to	16584
complaints;	16585

(K) Qualifications and training requirements for in-home	16586
aides;	16587

(L) Standards providing for the special needs of children who	16588
are handicapped or who receive treatment for health conditions	16589
while the child is receiving publicly funded child care in the	16590
child's own home;	16591

(M) Any other procedures and standards necessary to carry out	16592
the provisions of this chapter regarding certification of in-home	16593
aides.	16594

Sec. 5104.0110. To the extent that any rules adopted for the	16595
purposes of this chapter require a health care professional to	16596
perform a physical examination, the rules shall include as a	16597
health care professional a physician assistant, a clinical nurse	16598
specialist, a certified nurse practitioner, or a certified	16599
nurse-midwife.	16600

Sec. 5104.0111. (A) The director of job and family services	16601
shall do all of the following:	16602

(1) Provide or make available in either paper or electronic	16603
form to each licensee notice of proposed rules governing the	16604
licensure of child day-care centers, type A homes, and type B	16605
homes;	16606

(2) Give public notice of hearings regarding the proposed	16607
rules at least thirty days prior to the date of the public	16608
hearing, in accordance with section 119.03 of the Revised Code;	16609

(3) At least thirty days before the effective date of a rule,	16610
provide, in either paper or electronic form, a copy of the adopted	16611
rule to each licensee;	16612

(4) Send to each county director of job and family services a	16613
notice of proposed rules governing the certification of in-home	16614
aides that includes an internet web site address where the	16615
proposed rules can be viewed;	16616

(5) Provide to each county director of job and family	16617
services an electronic copy of each adopted rule at least	16618
forty-five days prior to the rule's effective date;	16619

(6) Review all rules adopted pursuant to this chapter at	16620
least once every seven years.	16621

(B) The county director of job and family services shall	16622
provide or make available in either paper or electronic form to	16623
each in-home aide copies of proposed rules and shall give public	16624
notice of hearings regarding the rules to each in-home aide at	16625
least thirty days prior to the date of the public hearing, in	16626
accordance with section 119.03 of the Revised Code. At least	16627
thirty days before the effective date of a rule, the county	16628
director of job and family services shall provide, in either paper	16629
or electronic form, copies of the adopted rule to each in-home	16630
aide.	16631

(C) Additional copies of proposed and adopted rules shall be	16632
made available by the director of job and family services to the	16633
public on request at no charge.	16634

(D) The director of job and family services may adopt rules	16635
in accordance with Chapter 119. of the Revised Code for imposing	16636
sanctions on persons and entities that are licensed or certified	16637
under this chapter. Sanctions may be imposed only for an action or	16638
omission that constitutes a serious risk noncompliance. The	16639
sanctions imposed shall be based on the scope and severity of the	16640
violations.	16641

The director shall make a dispute resolution process	16642
available for the implementation of sanctions. The process may	16643
include an opportunity for appeal pursuant to Chapter 119. of the	16644
Revised Code.	16645

(E) The director of job and family services shall adopt rules	16646
in accordance with Chapter 119. of the Revised Code that establish	16647
standards for the training of individuals who inspect or	16648
investigate type B family day-care homes pursuant to section	16649
5104.03 of the Revised Code. The department shall provide training	16650
in accordance with those standards for individuals in the	16651
categories described in this division.	16652

Sec. 5104.0112. Notwithstanding any provision of the Revised	16653
Code, the director of job and family services shall not regulate	16654
in any way under this chapter or rules adopted pursuant to this	16655
chapter, instruction in religious or moral doctrines, beliefs, or	16656
values.	16657

Sec. 5104.022. ~~The department~~In no case shall the director	16658
of job and family services ~~shall not~~issue a license to operate a	16659
~~prospective~~ type A family day-care home if ~~that prospective~~	16660
~~family day-care~~the type A home is certified ~~to be~~as a foster	16661
home or specialized foster home pursuant to Chapter 5103. of the	16662
Revised Code. ~~A county department of job and family services~~In no	16663
case shall ~~not certify~~the director issue a license to operate a	16664
~~prospective~~ type B family day-care home if ~~that prospective family~~	16665
~~day-care~~the type B home is certified ~~to be~~as a specialized	16666
foster home pursuant to Chapter 5103. of the Revised Code.	16667

Sec. 5104.03. (A) Any person, firm, organization,	16668
institution, or agency ~~desiring~~seeking to establish a child	16669
day-care center or, type A family day-care home, or licensed type	16670
B family day-care home shall apply for a license to the director	16671
of job and family services on such form as the director	16672
prescribes. The director shall provide at no charge to each	16673
applicant for licensure a copy of the child care license	16674
requirements in this chapter and a copy of the rules adopted	16675
pursuant to this chapter. The copies may be provided in paper or	16676
electronic form.	16677

Fees shall be set by the director pursuant to ~~section~~	16678
~~5104.011~~sections 5104.015, 5104.017, and 5104.018 of the Revised	16679
Code and shall be paid at the time of application for a license to	16680
operate a center or, type A home, or type B home. Fees collected	16681
under this section shall be paid into the state treasury to the	16682
credit of the general revenue fund.	16683

(B)(1) Upon filing of the application for a license, the	16684
director shall investigate and inspect the center or, type A home,	16685
or type B home to determine the license capacity for each age	16686
category of children of the center or, type A home, or type B home	16687
and to determine whether the center or, type A home, or type B	16688
home complies with this chapter and rules adopted pursuant to this	16689
chapter. When, after investigation and inspection, the director is	16690
satisfied that this chapter and rules adopted pursuant to it are	16691
complied with, subject to division ~~(G)~~(H) of this section, a	16692
~~provisional~~ license shall be issued as soon as practicable in such	16693
form and manner as prescribed by the director. The license shall	16694
be designated as provisional ~~license~~and shall be valid for	16695
twelve months from the date of issuance unless revoked.	16696

(2) The director may contract with a government entity or a	16697
private nonprofit entity for the entity to inspect and license	16698
type B family day-care homes pursuant to this section. The	16699
department, government entity, or nonprofit entity shall conduct	16700
the inspection prior to the issuance of a license for the type B	16701
home and, as part of that inspection, ensure that the type B home	16702
is safe and sanitary.	16703

(C)(1) On receipt of an application for licensure as a type B	16704
family day-care home to provide publicly funded child care, the	16705
department shall search the uniform statewide automated child	16706
welfare information system for information concerning any abuse or	16707
neglect report made pursuant to section 2151.421 of the Revised	16708
Code of which the applicant, any other adult residing in the	16709
applicant's home, or a person designated by the applicant to be an	16710
emergency or substitute caregiver for the applicant is the	16711
subject.	16712

(2) The department shall consider any information it	16713
discovers pursuant to division (C)(1) of this section or that is	16714
provided by a public children services agency pursuant to section	16715
5153.175 of the Revised Code. If the department determines that	16716
the information, when viewed within the totality of the	16717
circumstances, reasonably leads to the conclusion that the	16718
applicant may directly or indirectly endanger the health, safety,	16719
or welfare of children, the department shall deny the application	16720
for licensure or revoke the license of a type B family day-care	16721
home.	16722

(D) The director shall investigate and inspect the center or,	16723
type A home, or type B home at least once during operation under	16724
~~the~~a license designated as provisional ~~license~~. If after the	16725
investigation and inspection the director determines that the	16726
requirements of this chapter and rules adopted pursuant to this	16727
chapter are met, subject to division ~~(G)~~(H) of this section, the	16728
director shall issue a new license to the center or home.	16729

~~(D) The~~(E) Each license ~~or provisional license~~ shall state	16730
the name of the licensee, the name of the administrator, the	16731
address of the center or, type A home, or licensed type B home,	16732
and the license capacity for each age category of children. The	16733
license ~~or provisional license~~ shall include thereon, in	16734
accordance with ~~section 5104.011~~sections 5104.015, 5104.017, and	16735
5104.018 of the Revised Code, the toll-free telephone number to be	16736
used by persons suspecting that the center or, type A home, or	16737
licensed type B home has violated a provision of this chapter or	16738
rules adopted pursuant to this chapter. A license ~~or provisional~~	16739
~~license~~ is valid only for the licensee, administrator, address,	16740
and license capacity for each age category of children designated	16741
on the license. The license capacity specified on the license or	16742
~~provisional license~~ is the maximum number of children in each age	16743
category that may be cared for in the center or, type A home, or	16744
licensed type B home at one time.	16745

The center or type A home licensee shall notify the director	16746
when the administrator of the center or home changes. The director	16747
shall amend the current license ~~or provisional license~~ to reflect	16748
a change in an administrator, if the administrator meets the	16749
requirements of ~~Chapter 5104. of the Revised Code~~this chapter and	16750
rules adopted pursuant to ~~Chapter 5104. of the Revised Code~~this	16751
chapter, or a change in license capacity for any age category of	16752
children as determined by the director of job and family services.	16753

~~(E)~~(F) If the director revokes the license of a center or, a	16754
type A home, or a type B home, the director shall not issue	16755
another license to the owner of the center or, type A home, or	16756
type B home until five years have elapsed from the date the	16757
license is revoked.	16758

If the director denies an application for a license, the	16759
director shall not accept another application from the applicant	16760
until five years have elapsed from the date the application is	16761
denied.	16762

~~(F)~~(G) If during the application for licensure process the	16763
director determines that the license of the owner has been	16764
revoked, the investigation of the center or, type A home, or type	16765
B home shall cease. This action does not constitute denial of the	16766
application and may not be appealed under division ~~(G)~~(H) of this	16767
section.	16768

~~(G)~~(H) All actions of the director with respect to licensing	16769
centers or, type A homes, or type B homes, refusal to license, and	16770
revocation of a license shall be in accordance with Chapter 119.	16771
of the Revised Code. Any applicant who is denied a license or any	16772
owner whose license is revoked may appeal in accordance with	16773
section 119.12 of the Revised Code.	16774

~~(H)~~(I) In no case shall the director issue a license or	16775
~~provisional license~~ under this section for a ~~type A home or~~	16776
center, type A home, or type B home if the director, based on	16777
documentation provided by the appropriate county department of job	16778
and family services, determines that the applicant ~~previously~~ had	16779
been certified as a type B family day-care home when such	16780
certifications were issued by county departments prior to the	16781
effective date of this amendment, that the county department	16782
revoked that certification, that the revocation was based on the	16783
applicant's refusal or inability to comply with the criteria for	16784
certification, and that the refusal or inability resulted in a	16785
risk to the health or safety of children.	16786

(J)(1) Except as provided in division (J)(2) of this section,	16787
an administrator of a type B family day-care home that receives a	16788
license pursuant to this section to provide publicly funded child	16789
care is an independent contractor and is not an employee of the	16790
department of job and family services.	16791

(2) For purposes of Chapter 4141. of the Revised Code,	16792
determinations concerning the employment of an administrator of a	16793
type B family day-care home that receives a license pursuant to	16794
this section shall be determined under Chapter 4141. of the	16795
Revised Code.	16796

Sec. 5104.032. (A) The child day-care center shall have, for	16797
each child for whom the center is licensed, at least thirty-five	16798
square feet of usable indoor floor space wall-to-wall regularly	16799
available for the child care operation exclusive of any parts of	16800
the structure in which the care of children is prohibited by law	16801
or by rules adopted by the board of building standards. The	16802
minimum of thirty-five square feet of usable indoor floor space	16803
shall not include hallways, kitchens, storage areas, or any other	16804
areas that are not available for the care of children, as	16805
determined by the director, in meeting the space requirement of	16806
this division, and bathrooms shall be counted in determining	16807
square footage only if they are used exclusively by children	16808
enrolled in the center, except that the exclusion of hallways,	16809
kitchens, storage areas, bathrooms not used exclusively by	16810
children enrolled in the center, and any other areas not available	16811
for the care of children from the minimum of thirty-five square	16812
feet of usable indoor floor space shall not apply to:	16813

(1) Centers licensed prior to or on September 1, 1986, that	16814
continue under licensure after that date;	16815

(2) Centers licensed prior to or on September 1, 1986, that	16816
are issued a new license after that date solely due to a change of	16817
ownership of the center.	16818

(B) The child day-care center shall have on the site a safe	16819
outdoor play space which is enclosed by a fence or otherwise	16820
protected from traffic or other hazards. The play space shall	16821
contain not less than sixty square feet per child using such space	16822
at any one time, and shall provide an opportunity for supervised	16823
outdoor play each day in suitable weather. The director may exempt	16824
a center from the requirement of this division, if an outdoor play	16825
space is not available and if all of the following are met:	16826

(1) The center provides an indoor recreation area that has	16827
not less than sixty square feet per child using the space at any	16828
one time, that has a minimum of one thousand four hundred forty	16829
square feet of space, and that is separate from the indoor space	16830
required under division (A) of this section.	16831

(2) The director has determined that there is regularly	16832
available and scheduled for use a conveniently accessible and safe	16833
park, playground, or similar outdoor play area for play or	16834
recreation.	16835

(3) The children are closely supervised during play and while	16836
traveling to and from the area.	16837

The director also shall exempt from the requirement of this	16838
division a child day-care center that was licensed prior to	16839
September 1, 1986, if the center received approval from the	16840
director prior to September 1, 1986, to use a park, playground, or	16841
similar area, not connected with the center, for play or	16842
recreation in lieu of the outdoor space requirements of this	16843
section and if the children are closely supervised both during	16844
play and while traveling to and from the area and except if the	16845
director determines upon investigation and inspection pursuant to	16846
section 5104.04 of the Revised Code and rules adopted pursuant to	16847
that section that the park, playground, or similar area, as well	16848
as access to and from the area, is unsafe for the children.	16849

Sec. 5104.033. A child day-care center shall have at least	16850
two responsible adults available on the premises at all times when	16851
seven or more children are in the center. The center shall	16852
organize the children in the center in small groups, shall provide	16853
child-care staff to give continuity of care and supervision to the	16854
children on a day-by-day basis, and shall ensure that no child is	16855
left alone or unsupervised. Except as otherwise provided in	16856
division (B) of this section, the maximum number of children per	16857
child-care staff member and maximum group size, by age category of	16858
children, are as follows:	16859

	Maximum Number of		16860
	Children Per	Maximum	16861
Age Category	Child-Care	Group	16862
of Children	Staff Member	Size	16863
(a) Infants:			16864
(i) Less than twelve			16865
months old	5:1, or		16866
	12:2 if two		16867
	child-care		16868
	staff members		16869
	are in the room	12	16870
(ii) At least twelve			16871
months old, but			16872
less than eighteen			16873
months old	6:1	12	16874
(b) Toddlers:			16875
(i) At least eighteen			16876
months old, but			16877
less than thirty			16878
months old	7:1	14	16879
(ii) At least thirty months			16880
old, but less than			16881
three years old	8:1	16	16882
(c) Preschool-age			16883
children:			16884
(i) Three years old	12:1	24	16885
(ii) Four years old and			16886
five years old who			16887
are not school			16888
children	14:1	28	16889
(d) School-age children:			16890
(i) A child who is			16891
enrolled in or is			16892
eligible to be			16893
enrolled in a grade			16894
of kindergarten			16895
or above, but			16896
is less than			16897
eleven years old	18:1	36	16898
(ii) Eleven through fourteen			16899
years old	20:1	40	16900

Except as otherwise provided in division (B) of this section,	16901
the maximum number of children per child-care staff member and	16902
maximum group size requirements of the younger age group shall	16903
apply when age groups are combined.	16904

(B)(1) When age groups are combined, the maximum number of	16905
children per child-care staff member shall be determined by the	16906
age of the youngest child in the group, except that when no more	16907
than one child thirty months of age or older receives services in	16908
a group in which all the other children are in the next older age	16909
group, the maximum number of children per child-care staff member	16910
and maximum group size requirements of the older age group	16911
established under division (A) of this section shall apply.	16912

(2) The maximum number of toddlers or preschool-age children	16913
per child-care staff member in a room where children are napping	16914
shall be twice the maximum number of children per child-care staff	16915
member established under division (A) of this section if all the	16916
following criteria are met:	16917

(a) At least one child-care staff member is present in the	16918
room.	16919

(b) Sufficient child-care staff members are on the child	16920
day-care center premises to meet the maximum number of children	16921
per child-care staff member requirements established under	16922
division (A) of this section.	16923

(c) Naptime preparations are complete and all napping	16924
children are resting or sleeping on cots.	16925

(d) The maximum number established under division (B)(2) of	16926
this section is in effect for no more than two hours during a	16927
twenty-four-hour day.	16928

Sec. 5104.034. Each child day-care center shall have on the	16929
center premises and readily available at all times at least one	16930
child-care staff member who has completed a course in first aid,	16931
one staff member who has completed a course in prevention,	16932
recognition, and management of communicable diseases which is	16933
approved by the state department of health, and a staff member who	16934
has completed a course in child abuse recognition and prevention	16935
training which is approved by the department of job and family	16936
services.	16937

~~Sec. 5104.031.~~ Sec. 5104.035. (A) A child day-care center	16938
administrator shall show the director of job and family services	16939
both of the following:	16940

(1) Evidence of at least high school graduation or	16941
certification of high school equivalency by the state board of	16942
education or the appropriate agency of another state;	16943

(2) Evidence of having at least one of the following:

16944

(a) An associate, bachelor's, master's, doctoral, or other	16945
postgraduate degree in child development or early childhood	16946
education, or in a related field approved by the director, from an	16947
accredited college, university, or technical college;	16948

(b) A license designated as appropriate for teaching in an	16949
associate teaching position in a preschool setting issued by the	16950
state board of education pursuant to section 3319.22 of the	16951
Revised Code;	16952

(c) Designation under the career pathways model as an early	16953
childhood professional level three;	16954

(d) Two years of experience working as a child-care staff	16955
member in a licensed child care program, designation under the	16956
career pathways model as an early childhood professional level	16957
one, and, not later than one year after being named as	16958
administrator, designation under the career pathways model as an	16959
early childhood professional level two;	16960

(e) Two years of experience working as a child-care staff	16961
member in a licensed child care program and, except as provided in	16962
division (B) of this section, at least four courses in child	16963
development or early childhood education from an accredited	16964
college, university, or technical college;	16965

(f) Two years of experience working as a child-care staff	16966
member in a licensed child care program and a child development	16967
associate credential issued by the council for professional	16968
recognition;	16969

(g) Two years of training, including at least four courses in	16970
child development or early childhood education from an accredited	16971
college, university, or technical college;	16972

(h) An infant and toddler or early childhood credential from	16973
a program accredited by the Montessori accreditation council for	16974
teacher education.	16975

(B) A person who has two years of experience working as a	16976
child-care staff member in a child day-care center and is promoted	16977
to or designated as administrator of that center shall have one	16978
year from the date of the promotion or designation to complete the	16979
courses required by division (A)(1)(e) of this section.	16980

~~Sec. 5104.032.~~ Sec. 5104.036. (A) All child-care staff members of	16981
a child day-care center shall be at least eighteen years of age,	16982
and shall furnish the director of job and family services evidence	16983
of at least high school graduation or certification of high school	16984
equivalency by the state board of education or the appropriate	16985
agency of another state or evidence of completion of a training	16986
program approved by the department of job and family services or	16987
state board of education, except as follows:	16988

(B) A child-care staff member may be less than eighteen years	16989
of age if the staff member is either of the following:	16990

(1) A graduate of a two-year vocational child-care training	16991
program approved by the state board of education;	16992

(2) A student enrolled in the second year of a vocational	16993
child-care training program approved by the state board of	16994
education which leads to high school graduation, provided that the	16995
student performs the student's duties in the child day-care center	16996
under the continuous supervision of an experienced child-care	16997
staff member, receives periodic supervision from the vocational	16998
child-care training program teacher-coordinator in the student's	16999
high school, and meets all other requirements of this chapter and	17000
rules adopted pursuant to this chapter.	17001

(C) A child-care staff member shall be exempt from the	17002
educational requirements of division (A) of this section if the	17003
staff member:	17004

(1) Prior to January 1, 1972, was employed or designated by a	17005
child day-care center and has been continuously employed since	17006
either by the same child day-care center employer or at the same	17007
child day-care center;	17008

(2) Is a student enrolled in the second year of a vocational	17009
child-care training program approved by the state board of	17010
education which leads to high school graduation, provided that the	17011
student performs the student's duties in the child day-care center	17012
under the continuous supervision of an experienced child-care	17013
staff member, receives periodic supervision from the vocational	17014
child-care training program teacher-coordinator in the student's	17015
high school, and meets all other requirements of this chapter and	17016
rules adopted pursuant to this chapter;	17017

(3) Is receiving or has completed the final year of	17018
instruction at home as authorized under section 3321.04 of the	17019
Revised Code or has graduated from a nonchartered, nonpublic	17020
school in Ohio.	17021

~~Sec. 5104.033.~~ Sec. 5104.037. (A) Except as provided in division	17022
(B) of this section, each child-care staff member of a child	17023
day-care center annually shall complete fifteen hours of inservice	17024
training that includes the following subjects until the staff	17025
member has completed a total of forty-five hours of training:	17026

(1) Child development or early childhood education;

17027

(2) Child abuse recognition and prevention;

17028

(3) First aid;

17029

(4) Prevention, recognition, and management of communicable	17030
diseases.	17031

(B) A child-care staff member is exempt from the inservice	17032
training requirements established by division (A) of this section	17033
if the staff member furnishes one of the following to the director	17034
of job and family services:	17035

(1) Evidence of an associate or higher degree in child	17036
development or early childhood education from an accredited	17037
college, university, or technical college;	17038

(2) A license designated for teaching in an associate	17039
teaching position in a preschool setting issued by the state board	17040
of education;	17041

(3) Evidence of a child development associate credential;

17042

(4) Evidence of an infant and toddler or early childhood	17043
credential from a program accredited by the Montessori	17044
accreditation council for teacher education.	17045

(C) For purposes of this section, each hour of inservice	17046
training shall consist of sixty minutes of training.	17047

Sec. 5104.038. The administrator of each child day-care	17048
center shall maintain enrollment, health, and attendance records	17049
for all children attending the center and health and employment	17050
records for all center employees. The records shall be	17051
confidential, except that they shall be disclosed by the	17052
administrator to the director upon request for the purpose of	17053
administering and enforcing this chapter and rules adopted	17054
pursuant to this chapter. Neither the center nor the licensee,	17055
administrator, or employees of the center shall be civilly or	17056
criminally liable in damages or otherwise for records disclosed to	17057
the director by the administrator pursuant to this division. It	17058
shall be a defense to any civil or criminal charge based upon	17059
records disclosed by the administrator to the director that the	17060
records were disclosed pursuant to this division.	17061

Sec. 5104.039. (A) Any parent who is the residential parent	17062
and legal custodian of a child enrolled in a child day-care center	17063
and any custodian or guardian of such a child shall be permitted	17064
unlimited access to the center during its hours of operation for	17065
the purposes of contacting their children, evaluating the care	17066
provided by the center, evaluating the premises of the center, or	17067
for other purposes approved by the director. A parent of a child	17068
enrolled in a child day-care center who is not the child's	17069
residential parent shall be permitted unlimited access to the	17070
center during its hours of operation for those purposes under the	17071
same terms and conditions under which the residential parent of	17072
that child is permitted access to the center for those purposes.	17073
However, the access of the parent who is not the residential	17074
parent is subject to any agreement between the parents and, to the	17075
extent described in division (B) of this section, is subject to	17076
any terms and conditions limiting the right of access of the	17077
parent who is not the residential parent, as described in division	17078
(I) of section 3109.051 of the Revised Code, that are contained in	17079
a parenting time order or decree issued under that section,	17080
section 3109.12 of the Revised Code, or any other provision of the	17081
Revised Code.	17082

(B) If a parent who is the residential parent of a child has	17083
presented the administrator or the administrator's designee with a	17084
copy of a parenting time order that limits the terms and	17085
conditions under which the parent who is not the residential	17086
parent is to have access to the center, as described in division	17087
(I) of section 3109.051 of the Revised Code, the parent who is not	17088
the residential parent shall be provided access to the center only	17089
to the extent authorized in the order. If the residential parent	17090
has presented such an order, the parent who is not the residential	17091
parent shall be permitted access to the center only in accordance	17092
with the most recent order that has been presented to the	17093
administrator or the administrator's designee by the residential	17094
parent or the parent who is not the residential parent.	17095

(C) Upon entering the premises pursuant to division (A) or	17096
(B) of this section, the parent who is the residential parent and	17097
legal custodian, the parent who is not the residential parent, or	17098
the custodian or guardian shall notify the administrator or the	17099
administrator's designee of the parent's, custodian's, or	17100
guardian's presence.	17101

Sec. 5104.04. (A) The department of job and family services	17102
shall establish procedures to be followed in investigating,	17103
inspecting, and licensing child day-care centers ~~and~~, type A	17104
family day-care homes, and licensed type B family day-care homes.	17105

(B)(1)(a) The department shall, at least once during every	17106
twelve-month period of operation of a center or, type A home, or	17107
licensed type B home, inspect the center or, type A home, or	17108
licensed type B home. The department shall inspect a part-time	17109
center or part-time type A home at least once during every	17110
twelve-month period of operation. The department shall provide a	17111
written inspection report to the licensee within a reasonable time	17112
after each inspection. The licensee shall display ~~all written~~	17113
~~reports of inspections conducted during the current licensing~~	17114
~~period~~its most recent inspection report in a conspicuous place in	17115
the center or, type A home, or licensed type B home.	17116

Inspections may be unannounced. No person, firm,	17117
organization, institution, or agency shall interfere with the	17118
inspection of a center or, type A home, or licensed type B home by	17119
any state or local official engaged in performing duties required	17120
of the state or local official by this chapter or rules adopted	17121
pursuant to this chapter, including inspecting the center or, type	17122
A home, or licensed type B home, reviewing records, or	17123
interviewing licensees, employees, children, or parents.	17124

(b) Upon receipt of any complaint that a center or, type A	17125
home or licensed type B home is out of compliance with the	17126
requirements of this chapter or rules adopted pursuant to this	17127
chapter, the department shall investigate the center or home, and	17128
both of the following apply:	17129

(i) If the complaint alleges that a child suffered physical	17130
harm while receiving child care at the center or home or that the	17131
noncompliance alleged in the complaint involved, resulted in, or	17132
poses a substantial risk of physical harm to a child receiving	17133
child care at the center or home, the department shall inspect the	17134
center or home.	17135

(ii) If division (B)(1)(b)(i) of this section does not apply	17136
regarding the complaint, the department may inspect the center or	17137
home.	17138

(c) Division (B)(1)(b) of this section does not limit,	17139
restrict, or negate any duty of the department to inspect a center	17140
or, type A home, or licensed type B home that otherwise is imposed	17141
under this section, or any authority of the department to inspect	17142
a center or, type A home, or licensed type B home that otherwise	17143
is granted under this section when the department believes the	17144
inspection is necessary and it is permitted under the grant.	17145

(2) If the department implements an instrument-based program	17146
monitoring information system, it may use an indicator checklist	17147
to comply with division (B)(1) of this section.	17148

(3) The department shall contract with a third party by the	17149
first day of October in each even-numbered year to collect	17150
information concerning the amounts charged by the center or home	17151
for providing child care services for use in establishing	17152
reimbursement ceilings and payment pursuant to section 5104.30 of	17153
the Revised Code. The third party shall compile the information	17154
and report the results of the survey to the department not later	17155
than the first day of December in each even-numbered year.	17156

(C) The department may deny an application or revoke a	17157
license of a center or, type A home, or licensed type B home, if	17158
the applicant knowingly makes a false statement on the	17159
application, the center or home does not comply with the	17160
requirements of this chapter or rules adopted pursuant to this	17161
chapter, or the applicant or owner has pleaded guilty to or been	17162
convicted of an offense described in section 5104.09 of the	17163
Revised Code.	17164

(D) If the department finds, after notice and hearing	17165
pursuant to Chapter 119. of the Revised Code, that any applicant,	17166
person, firm, organization, institution, or agency applying for	17167
licensure or licensed under section 5104.03 of the Revised Code is	17168
in violation of any provision of this chapter or rules adopted	17169
pursuant to this chapter, the department may issue an order of	17170
denial to the applicant or an order of revocation to the center	17171
or, type A home, or licensed type B home revoking the license	17172
previously issued by the department. Upon the issuance of such an	17173
order, the person whose application is denied or whose license is	17174
revoked may appeal in accordance with section 119.12 of the	17175
Revised Code.	17176

(E) The surrender of a center or, type A home, or licensed	17177
type B home license to the department or the withdrawal of an	17178
application for licensure by the owner or administrator of the	17179
center or, type A home, or licensed type B home shall not prohibit	17180
the department from instituting any of the actions set forth in	17181
this section.	17182

(F) Whenever the department receives a complaint, is advised,	17183
or otherwise has any reason to believe that a center or type A	17184
home is providing child care without a license issued pursuant to	17185
section 5104.03 and is not exempt from licensing pursuant to	17186
section 5104.02 of the Revised Code, the department shall	17187
investigate the center or type A home and may inspect the areas	17188
children have access to or areas necessary for the care of	17189
children in the center or type A home during suspected hours of	17190
operation to determine whether the center or type A home is	17191
subject to the requirements of this chapter or rules adopted	17192
pursuant to this chapter.	17193

(G) The department, upon determining that the center or type	17194
A home is operating without a license, shall notify the attorney	17195
general, the prosecuting attorney of the county in which the	17196
center or type A home is located, or the city attorney, village	17197
solicitor, or other chief legal officer of the municipal	17198
corporation in which the center or type A home is located, that	17199
the center or type A home is operating without a license. Upon	17200
receipt of the notification, the attorney general, prosecuting	17201
attorney, city attorney, village solicitor, or other chief legal	17202
officer of a municipal corporation shall file a complaint in the	17203
court of common pleas of the county in which the center or type A	17204
home is located requesting that the court grant an order enjoining	17205
the owner from operating the center or type A home in violation of	17206
section 5104.02 of the Revised Code. The court shall grant such	17207
injunctive relief upon a showing that the respondent named in the	17208
complaint is operating a center or type A home and is doing so	17209
without a license.	17210

(H) The department shall prepare an annual report on	17211
inspections conducted under this section. The report shall include	17212
the number of inspections conducted, the number and types of	17213
violations found, and the steps taken to address the violations.	17214
The department shall file the report with the governor, the	17215
president and minority leader of the senate, and the speaker and	17216
minority leader of the house of representatives on or before the	17217
first day of January of each year, beginning in 1999.	17218

Sec. 5104.041. (A) All type A ~~and type B~~ family day-care	17219
homes and licensed type B family day-care homes shall procure and	17220
maintain one of the following:	17221

(1) Liability insurance issued by an insurer authorized to do	17222
business in this state under Chapter 3905. of the Revised Code	17223
insuring the type A or type B family day-care home against	17224
liability arising out of, or in connection with, the operation of	17225
the family day-care home. ~~Liability~~The insurance procured ~~under~~	17226
~~this division~~ shall cover any cause for which the type A or type B	17227
family day-care home would be liable, in the amount of at least	17228
one hundred thousand dollars per occurrence and three hundred	17229
thousand dollars in the aggregate.	17230

(2) A written statement signed by the parent, guardian, or	17231
custodian of each child receiving child care from the type A or	17232
type B family day-care home that states all of the following:	17233

(a) The family day-care home does not carry liability	17234
insurance described in division (A)(1) of this section;	17235

(b) If the licensee of a type A family day-care home or ~~the~~	17236
~~provider of~~ a type B family day-care home is not the owner of the	17237
real property where the family day-care home is located, the	17238
liability insurance, if any, of the owner of the real property may	17239
not provide for coverage of any liability arising out of, or in	17240
connection with, the operation of the family day-care home.	17241

(B) If the licensee of a type A family day-care home or ~~the~~	17242
~~provider of~~ a type B family day-care home is not the owner of the	17243
real property where the family day-care home is located and the	17244
family day-care home procures liability insurance described in	17245
division (A)(1) of this section, that licensee ~~or provider~~ shall	17246
name the owner of the real property as an additional insured party	17247
on the liability insurance policy if all of the following apply:	17248

(1) The owner of the real property requests the licensee or	17249
provider, in writing, to add the owner of the real property to the	17250
liability insurance policy as an additional insured party.	17251

(2) The addition of the owner of the real property does not	17252
result in cancellation or nonrenewal of the insurance policy	17253
procured by the type A or type B family day-care home.	17254

(3) The owner of the real property pays any additional	17255
premium assessed for coverage of the owner of the real property.	17256

(C) Proof of insurance or written statement required under	17257
division (A) of this section shall be maintained at the type A or	17258
type B family day-care home and made available for review during	17259
inspection or investigation as required under this chapter.	17260

(D) The director of job and family services shall adopt rules	17261
for the enforcement of this section.	17262

Sec. 5104.052. The director of job and family services, in	17263
cooperation with the fire marshal pursuant to section 3737.22 of	17264
the Revised Code, shall ~~promulgate~~adopt rules regarding fire	17265
prevention and fire safety in ~~certified~~licensed type B family	17266
day-care homes. In accordance with those rules, the director shall	17267
inspect each type B home that applies to be licensed that is	17268
providing or is to provide publicly funded child care.	17269

Sec. 5104.053. As a precondition of approval by the state	17270
board of education pursuant to section 3313.813 of the Revised	17271
Code for receipt of United States department of agriculture child	17272
and adult care food program funds established under the "National	17273
School Lunch Act," 60 Stat. 230 (1946), 42 U.S.C. 1751, as	17274
amended, the provider of child care in a type B family day-care	17275
home that is not ~~certified~~licensed by the ~~county~~ director of	17276
~~human~~job and family services shall request an inspection of the	17277
type B home by the fire marshal, who shall inspect the type B home	17278
pursuant to section 3737.22 of the Revised Code to determine that	17279
it is in compliance with rules established pursuant to section	17280
5104.052 of the Revised Code for ~~certified~~licensed type B homes.	17281

Sec. 5104.054. Any type B family day-care home, whether	17282
~~certified~~licensed or not ~~certified~~licensed by the ~~county~~	17283
director of ~~human~~job and family services, shall be considered to	17284
be a residential use of property for purposes of municipal,	17285
county, and township zoning and shall be a permitted use in all	17286
zoning districts in which residential uses are permitted. No	17287
municipal, county, or township zoning regulations shall require a	17288
conditional use permit or any other special exception	17289
certification for any such type B family day-care home.	17290

Sec. 5104.06. (A) The director of job and family services	17291
shall provide consultation, technical assistance, and training to	17292
child day-care centers ~~and~~, type A family day-care homes, and type	17293
B family day-care homes to improve programs and facilities	17294
providing child care ~~including, but not limited to,~~. As part of	17295
these activities, the director shall provide assistance in meeting	17296
the requirements of ~~Chapter 5104.~~this chapter and rules adopted	17297
pursuant to ~~Chapter 5104. of the Revised Code~~this chapter and	17298
shall furnish information regarding child abuse identification and	17299
reporting of child abuse.	17300

(B) The director of job and family services shall provide	17301
consultation and technical assistance to county departments of job	17302
and family services to assist the departments with the	17303
implementation of certification of ~~type B family day-care home~~	17304
~~providers and~~ in-home aides.	17305

Sec. 5104.08. (A) There is hereby created in the department	17306
of job and family services a child care advisory council to advise	17307
and assist the department in the administration of this chapter	17308
and in the development of child care. The council shall consist of	17309
twenty-two voting members appointed by the director of job and	17310
family services with the approval of the governor. The director of	17311
job and family services, the director of developmental	17312
disabilities, the director of mental health, the superintendent of	17313
public instruction, the director of health, the director of	17314
commerce, and the state fire marshal shall serve as nonvoting	17315
members of the council.	17316

Six members shall be representatives of child care centers	17317
subject to licensing, the members to represent a variety of	17318
centers, including nonprofit and proprietary, from different	17319
geographical areas of the state. At least three members shall be	17320
parents, guardians, or custodians of children receiving child care	17321
or publicly funded child care in the child's own home, a center, a	17322
type A home, a head start program, a ~~certified~~licensed type B	17323
home, or a type B home at the time of appointment. Three members	17324
shall be representatives of in-home aides, type A homes, ~~certified~~	17325
licensed type B homes, or type B homes or head start programs. At	17326
least six members shall represent county departments of job and	17327
family services. The remaining members shall be representatives of	17328
the teaching, child development, and health professions, and other	17329
individuals interested in the welfare of children. At least six	17330
members of the council shall not be employees or licensees of a	17331
child day-care center, head start program, or type A home, or	17332
providers operating a ~~certified~~licensed type B home or type B	17333
home, or in-home aides.	17334

Appointments shall be for three-year terms. Vacancies shall	17335
be filled for the unexpired terms. A member of the council is	17336
subject to removal by the director of job and family services for	17337
a willful and flagrant exercise of authority or power that is not	17338
authorized by law, for a refusal or willful neglect to perform any	17339
official duty as a member of the council imposed by law, or for	17340
being guilty of misfeasance, malfeasance, nonfeasance, or gross	17341
neglect of duty as a member of the council.	17342

There shall be two co-chairpersons of the council. One	17343
co-chairperson shall be the director of job and family services or	17344
the director's designee, and one co-chairperson shall be elected	17345
by the members of the council. The council shall meet as often as	17346
is necessary to perform its duties, provided that it shall meet at	17347
least once in each quarter of each calendar year and at the call	17348
of the co-chairpersons. The co-chairpersons or their designee	17349
shall send to each member a written notice of the date, time, and	17350
place of each meeting.	17351

Members of the council shall serve without compensation, but	17352
shall be reimbursed for necessary expenses.	17353

(B) The child care advisory council shall advise the director	17354
on matters affecting the licensing of centers ~~and~~, type A homes,	17355
and type B homes and the certification of ~~type B homes and~~ in-home	17356
aides. The council shall make an annual report to the director of	17357
job and family services that addresses the availability,	17358
affordability, accessibility, and quality of child care and that	17359
summarizes the recommendations and plans of action that the	17360
council has proposed to the director during the preceding fiscal	17361
year. The director of job and family services shall provide copies	17362
of the report to the governor, speaker and minority leader of the	17363
house of representatives, and the president and minority leader of	17364
the senate and, on request, shall make copies available to the	17365
public.	17366

(C) The director of job and family services shall adopt rules	17367
~~pursuant to~~in accordance with Chapter 119. of the Revised Code to	17368
implement this section.	17369

Sec. 5104.09. (A)(1) Except as provided in rules adopted	17370
pursuant to division (D) of this section, no individual who has	17371
been convicted of or pleaded guilty to a violation described in	17372
division (A)(9) of section 109.572 of the Revised Code, a	17373
violation of section 2905.11, 2909.02, 2909.03, 2909.04, 2909.05,	17374
2917.01, 2917.02, 2917.03, 2917.31, 2921.03, 2921.34, or 2921.35	17375
of the Revised Code or a violation of an existing or former law or	17376
ordinance of any municipal corporation, this state, any other	17377
state, or the United States that is substantially equivalent to	17378
any of those violations, or two violations of section 4511.19 of	17379
the Revised Code during operation of the center or home shall be	17380
certified as an in-home aide or be employed in any capacity in or	17381
own or operate a child day-care center, type A family day-care	17382
home, type B family day-care home, or ~~certified~~licensed type B	17383
family day-care home.	17384

(2) Each employee of a child day-care center and type A home	17385
and every person eighteen years of age or older residing in a type	17386
A home or licensed type B home shall sign a statement on forms	17387
prescribed by the director of job and family services attesting to	17388
the fact that the employee or resident person has not been	17389
convicted of or pleaded guilty to any offense set forth in	17390
division (A)(1) of this section and that no child has been removed	17391
from the employee's or resident person's home pursuant to section	17392
2151.353 of the Revised Code. Each licensee of a type A family	17393
day-care home or type B family day-care home shall sign a	17394
statement on a form prescribed by the director attesting to the	17395
fact that no person who resides at the type A home or licensed	17396
type B home and who is under the age of eighteen has been	17397
adjudicated a delinquent child for committing a violation of any	17398
section listed in division (A)(1) of this section. The statements	17399
shall be kept on file at the center or, type A home, or licensed	17400
type B home.	17401

(3) Each in-home aide ~~and every person eighteen years of age~~	17402
~~or older residing in a certified type B home~~ shall sign a	17403
statement on forms prescribed by the director of job and family	17404
services attesting that the aide ~~or resident person~~ has not been	17405
convicted of or pleaded guilty to any offense set forth in	17406
division (A)(1) of this section and that no child has been removed	17407
from the aide's ~~or resident person's~~ home pursuant to section	17408
2151.353 of the Revised Code. ~~Each authorized provider shall sign~~	17409
~~a statement on forms prescribed by the director attesting that the~~	17410
~~provider has not been convicted of or pleaded guilty to any~~	17411
~~offense set forth in division (A)(1) of this section and that no~~	17412
~~child has been removed from the provider's home pursuant to~~	17413
~~section 2151.353 of the Revised Code. Each authorized provider~~	17414
~~shall sign a statement on a form prescribed by the director~~	17415
~~attesting to the fact that no person who resides at the certified~~	17416
~~type B home and who is under the age of eighteen has been~~	17417
~~adjudicated a delinquent child for committing a violation of any~~	17418
~~section listed in division (A)(1) of this section.~~ The ~~statements~~	17419
statement shall be kept on file at the county department of job	17420
and family services.	17421

(4) Each administrator and licensee of a center or, type A	17422
home, or licensed type B home shall sign a statement on a form	17423
prescribed by the director of job and family services attesting	17424
that the administrator or licensee has not been convicted of or	17425
pleaded guilty to any offense set forth in division (A)(1) of this	17426
section and that no child has been removed from the	17427
administrator's or licensee's home pursuant to section 2151.353 of	17428
the Revised Code. The statement shall be kept on file at the	17429
center or, type A home, or licensed type B home.	17430

(B) No in-home aide, no administrator, licensee, ~~authorized~~	17431
~~provider,~~ or employee of a center, type A home, or ~~certified~~	17432
licensed type B home, and no person eighteen years of age or older	17433
residing in a type A home or ~~certified~~licensed type B home shall	17434
withhold information from, or falsify information on, any	17435
statement required pursuant to division (A)(2), (3), or (4) of	17436
this section.	17437

(C) No administrator, licensee, or child-care staff member	17438
shall discriminate in the enrollment of children in a child	17439
day-care center upon the basis of race, color, religion, sex, or	17440
national origin.	17441

(D) The director of job and family services shall adopt rules	17442
~~pursuant to~~in accordance with Chapter 119. of the Revised Code to	17443
implement this section, including rules specifying exceptions to	17444
the prohibition in division (A) of this section for persons who	17445
have been convicted of an offense listed in that division but meet	17446
rehabilitation standards set by the ~~department~~director.	17447

Sec. 5104.13. The department of job and family services	17448
shall prepare a guide describing the state statutes and rules	17449
governing the ~~certification~~licensure of type B family day-care	17450
homes. The department may publish the guide electronically or	17451
otherwise and shall do so in a manner that the guide is accessible	17452
to the public, including type B home providers.	17453

Sec. 5104.14. All materials that are supplied by the	17454
department of job and family services to type A family day-care	17455
home providers, type B family day-care home providers, in-home	17456
aides, persons seeking to be type A family day-care home	17457
providers, type B family day-care home providers, or in-home	17458
aides, and caretaker parents shall be written at no higher than	17459
the sixth grade reading level. The department may employ a	17460
readability expert to verify its compliance with this section.	17461

~~Sec. 5104.015.~~ Sec. 5104.25. (A) Except as otherwise provided in	17462
division (C) of this section, no child day-care center shall	17463
permit any person to smoke in any indoor or outdoor space that is	17464
part of the center.	17465

The administrator of a child day-care center shall post in a	17466
conspicuous place at the main entrance of the center a notice	17467
stating that smoking is prohibited in any indoor or outdoor space	17468
that is part of the center, except under the conditions described	17469
in division (C) of this section.	17470

(B) Except as otherwise provided in division (C) of this	17471
section, no type A family day-care home or ~~certified~~licensed type	17472
B family day-care home shall permit any person to smoke in any	17473
indoor or outdoor space that is part of the home during the hours	17474
the home is in operation. Smoking may be permitted during hours	17475
other than the hours of operation if the administrator or	17476
~~authorized provider~~ of the home has provided to a parent,	17477
custodian, or guardian of each child receiving child care at the	17478
home notice that smoking occurs or may occur at the home when it	17479
is not in operation.	17480

The administrator of a type A family day-care home or	17481
~~authorized provider of~~ a ~~certified~~licensed type B family day-care	17482
home shall post in a conspicuous place at the main entrance of the	17483
home a notice specifying the hours the home is in operation and	17484
stating that smoking is prohibited during those hours in any	17485
indoor or outdoor space that is part of the home, except under the	17486
conditions described in division (C) of this section.	17487

(C) A child day-care center, type A family day-care home, or	17488
~~certified~~licensed type B family home may allow persons to smoke	17489
at the center or home during its hours of operation if those	17490
persons cannot be seen smoking by the children being cared for and	17491
if they smoke in either of the following:	17492

(1) An indoor area that is separately ventilated from the	17493
rest of the center or home;	17494

(2) An outdoor area that is so far removed from the children	17495
being cared for that they cannot inhale any smoke.	17496

(D) The director of job and family services, in consultation	17497
with the director of health, shall adopt rules in accordance with	17498
Chapter 119. of the Revised Code to implement the requirements of	17499
this section. These rules may prohibit smoking in a child day-care	17500
center, type A family day-care home, or ~~certified~~licensed type B	17501
family home if its design and structure do not allow persons to	17502
smoke under the conditions described in division (C) of this	17503
section or if repeated violations of division (A) or (B) of this	17504
section have occurred there.	17505

Sec. 5104.30. (A) The department of job and family services	17506
is hereby designated as the state agency responsible for	17507
administration and coordination of federal and state funding for	17508
publicly funded child care in this state. Publicly funded child	17509
care shall be provided to the following:	17510

(1) Recipients of transitional child care as provided under	17511
section 5104.34 of the Revised Code;	17512

(2) Participants in the Ohio works first program established	17513
under Chapter 5107. of the Revised Code;	17514

(3) Individuals who would be participating in the Ohio works	17515
first program if not for a sanction under section 5107.16 of the	17516
Revised Code and who continue to participate in a work activity,	17517
developmental activity, or alternative work activity pursuant to	17518
an assignment under section 5107.42 of the Revised Code;	17519

(4) A family receiving publicly funded child care on October	17520
1, 1997, until the family's income reaches one hundred fifty per	17521
cent of the federal poverty line;	17522

(5) Subject to available funds, other individuals determined	17523
eligible in accordance with rules adopted under section 5104.38 of	17524
the Revised Code.	17525

The department shall apply to the United States department of	17526
health and human services for authority to operate a coordinated	17527
program for publicly funded child care, if the director of job and	17528
family services determines that the application is necessary. For	17529
purposes of this section, the department of job and family	17530
services may enter into agreements with other state agencies that	17531
are involved in regulation or funding of child care. The	17532
department shall consider the special needs of migrant workers	17533
when it administers and coordinates publicly funded child care and	17534
shall develop appropriate procedures for accommodating the needs	17535
of migrant workers for publicly funded child care.	17536

(B) The department of job and family services shall	17537
distribute state and federal funds for publicly funded child care,	17538
including appropriations of state funds for publicly funded child	17539
care and appropriations of federal funds available under the child	17540
care block grant act, Title IV-A, and Title XX. The department may	17541
use any state funds appropriated for publicly funded child care as	17542
the state share required to match any federal funds appropriated	17543
for publicly funded child care.	17544

(C) In the use of federal funds available under the child	17545
care block grant act, all of the following apply:	17546

(1) The department may use the federal funds to hire staff to	17547
prepare any rules required under this chapter and to administer	17548
and coordinate federal and state funding for publicly funded child	17549
care.	17550

(2) Not more than five per cent of the aggregate amount of	17551
the federal funds received for a fiscal year may be expended for	17552
administrative costs.	17553

(3) The department shall allocate and use at least four per	17554
cent of the federal funds for the following:	17555

(a) Activities designed to provide comprehensive consumer	17556
education to parents and the public;	17557

(b) Activities that increase parental choice;

17558

(c) Activities, including child care resource and referral	17559
services, designed to improve the quality, and increase the	17560
supply, of child care;	17561

(d) Establishing a tiered quality rating and improvement	17562
system in which participation in the program may allow child	17563
day-care providers to be eligible for grants, technical	17564
assistance, training, or other assistance and become eligible for	17565
unrestricted monetary awards for maintaining a quality rating.	17566

(4) The department shall ensure that the federal funds will	17567
be used only to supplement, and will not be used to supplant,	17568
federal, state, and local funds available on the effective date of	17569
the child care block grant act for publicly funded child care and	17570
related programs. If authorized by rules adopted by the department	17571
pursuant to section 5104.42 of the Revised Code, county	17572
departments of job and family services may purchase child care	17573
from funds obtained through any other means.	17574

(D) The department shall encourage the development of	17575
suitable child care throughout the state, especially in areas with	17576
high concentrations of recipients of public assistance and	17577
families with low incomes. The department shall encourage the	17578
development of suitable child care designed to accommodate the	17579
special needs of migrant workers. On request, the department,	17580
through its employees or contracts with state or community child	17581
care resource and referral service organizations, shall provide	17582
consultation to groups and individuals interested in developing	17583
child care. The department of job and family services may enter	17584
into interagency agreements with the department of education, the	17585
board of regents, the department of development, and other state	17586
agencies and entities whenever the cooperative efforts of the	17587
other state agencies and entities are necessary for the department	17588
of job and family services to fulfill its duties and	17589
responsibilities under this chapter.	17590

The department shall develop and maintain a registry of	17591
persons providing child care. The director shall adopt rules	17592
~~pursuant to~~in accordance with Chapter 119. of the Revised Code	17593
establishing procedures and requirements for the registry's	17594
administration.	17595

(E)(1) The director shall adopt rules in accordance with	17596
Chapter 119. of the Revised Code establishing both of the	17597
following:	17598

(a) Reimbursement ceilings for providers of publicly funded	17599
child care not later than the first day of July in each	17600
odd-numbered year;	17601

(b) A procedure for reimbursing and paying providers of	17602
publicly funded child care.	17603

(2) In establishing reimbursement ceilings under division	17604
(E)(1)(a) of this section, the director shall do all of the	17605
following:	17606

(a) Use the information obtained under division (B)(3) of	17607
section 5104.04 of the Revised Code;	17608

(b) Establish an enhanced reimbursement ceiling for providers	17609
who provide child care for caretaker parents who work	17610
nontraditional hours;	17611

(c) For ~~a type B family day-care home provider that has~~	17612
~~received limited certification pursuant to rules adopted under~~	17613
~~division (G)(1) of section 5104.011 of the Revised Code~~an in-home	17614
aide, establish a reimbursement ceiling that is ~~the following:~~	17615

~~(i) If the provider is a person described in division~~	17616
~~(G)(1)(a)(i) of section 5104.011 of the Revised Code,~~ seventy-five	17617
per cent of the reimbursement ceiling that applies to a licensed	17618
type B family day-care home ~~certified by the same county~~	17619
~~department of job and family services pursuant to section 5104.11~~	17620
~~of the Revised Code~~;	17621

~~(ii) If the provider is a person described in division~~	17622
~~(G)(1)(a)(ii) of section 5104.011 of the Revised Code, sixty per~~	17623
~~cent of the reimbursement ceiling that applies to a type B family~~	17624
~~day-care home certified by the same county department pursuant to~~	17625
~~section 5104.11 of the Revised Code.~~	17626

(d) With regard to the tiered quality rating and improvement	17627
system established pursuant to division (C)(3)(d) of this section,	17628
do both of the following:	17629

(i) Establish enhanced reimbursement ceilings for child	17630
day-care providers that participate in the system and maintain	17631
quality ratings under the system;	17632

(ii) ~~Weigh~~In the case of child day-care providers that have	17633
been given access to the system by the department, weigh any	17634
reduction in reimbursement ceilings more heavily against ~~child~~	17635
~~day-care~~those providers that do not participate in the system or	17636
do not maintain quality ratings under the system.	17637

(3) In establishing reimbursement ceilings under division	17638
(E)(1)(a) of this section, the director may establish different	17639
reimbursement ceilings based on any of the following:	17640

(a) Geographic location of the provider;

17641

(b) Type of care provided;

17642

17643

(d) Special needs of the child served;

17644

(e) Whether the expanded hours of service are provided;

17645

(f) Whether weekend service is provided;

17646

(g) Whether the provider has exceeded the minimum	17647
requirements of state statutes and rules governing child care;	17648

(h) Any other factors the director considers appropriate.

17649

(F) The director shall adopt rules in accordance with Chapter	17650
119. of the Revised Code to implement the tiered quality rating	17651
and improvement system described in division (C)(3)(d) of this	17652
section.	17653

Sec. 5104.31. (A) Publicly funded child care may be provided	17654
only by the following:	17655

(1) ~~A child day-care center or type A family day-care home,~~	17656
~~including a parent cooperative child day-care center or parent~~	17657
~~cooperative type A family day-care home,~~Any of the following	17658
licensed by the department of job and family services pursuant to	17659
section 5104.03 of the Revised Code;or pursuant to rules adopted	17660
under section 5104.018 of the Revised Code:	17661

(a) A child day-care center, including a parent cooperative	17662
child day-care center;	17663

(b) A type A family day-care home, including a parent	17664
cooperative type A family day-care home;	17665

17666

(2) ~~A type B family day-care home certified by the county~~	17667
~~department of job and family services pursuant to section 5104.11~~	17668
~~of the Revised Code;~~	17669

~~(3) A type B family day-care home that has received a limited~~	17670
~~certification pursuant to rules adopted under division (G)(1) of~~	17671
~~section 5104.011 of the Revised Code;~~	17672

~~(4)~~ An in-home aide who has been certified by the county	17673
department of job and family services pursuant to section 5104.12	17674
of the Revised Code;	17675

~~(5)~~(3) A child day camp approved pursuant to section 5104.22	17676
of the Revised Code;	17677

~~(6)~~(4) A licensed preschool program;

17678

~~(7)~~(5) A licensed school child program;

17679

~~(8)~~(6) A border state child care provider, except that a	17680
border state child care provider may provide publicly funded child	17681
care only to an individual who resides in an Ohio county that	17682
borders the state in which the provider is located.	17683

(B) Publicly funded child day-care may be provided in a	17684
child's own home only by an in-home aide.	17685

(C) Beginning July 1, 2020, publicly funded child care may be	17686
provided only by a provider that is rated through the tiered	17687
quality rating and improvement system established pursuant to	17688
section 5104.30 of the Revised Code.	17689

Sec. 5104.32. (A) Except as provided in division (C) of this	17690
section, all purchases of publicly funded child care shall be made	17691
under a contract entered into by a licensed child day-care center,	17692
licensed type A family day-care home, ~~certified~~licensed type B	17693
family day-care home, certified in-home aide, approved child day	17694
camp, licensed preschool program, licensed school child program,	17695
or border state child care provider and the department of job and	17696
family services. All contracts for publicly funded child care	17697
shall be contingent upon the availability of state and federal	17698
funds. The department shall prescribe a standard form to be used	17699
for all contracts for the purchase of publicly funded child care,	17700
regardless of the source of public funds used to purchase the	17701
child care. To the extent permitted by federal law and	17702
notwithstanding any other provision of the Revised Code that	17703
regulates state contracts or contracts involving the expenditure	17704
of state or federal funds, all contracts for publicly funded child	17705
care shall be entered into in accordance with the provisions of	17706
this chapter and are exempt from any other provision of the	17707
Revised Code that regulates state contracts or contracts involving	17708
the expenditure of state or federal funds.	17709

(B) Each contract for publicly funded child care shall	17710
specify at least the following:	17711

(1) That the provider of publicly funded child care agrees to	17712
be paid for rendering services at the lower of the rate	17713
customarily charged by the provider for children enrolled for	17714
child care or the reimbursement ceiling or rate of payment	17715
established pursuant to section 5104.30 of the Revised Code;	17716

(2) That, if a provider provides child care to an individual	17717
potentially eligible for publicly funded child care who is	17718
subsequently determined to be eligible, the department agrees to	17719
pay for all child care provided between the date the county	17720
department of job and family services receives the individual's	17721
completed application and the date the individual's eligibility is	17722
determined;	17723

(3) Whether the county department of job and family services,	17724
the provider, or a child care resource and referral service	17725
organization will make eligibility determinations, whether the	17726
provider or a child care resource and referral service	17727
organization will be required to collect information to be used by	17728
the county department to make eligibility determinations, and the	17729
time period within which the provider or child care resource and	17730
referral service organization is required to complete required	17731
eligibility determinations or to transmit to the county department	17732
any information collected for the purpose of making eligibility	17733
determinations;	17734

(4) That the provider, other than a border state child care	17735
provider, shall continue to be licensed, approved, or certified	17736
pursuant to this chapter and shall comply with all standards and	17737
other requirements in this chapter and in rules adopted pursuant	17738
to this chapter for maintaining the provider's license, approval,	17739
or certification;	17740

(5) That, in the case of a border state child care provider,	17741
the provider shall continue to be licensed, certified, or	17742
otherwise approved by the state in which the provider is located	17743
and shall comply with all standards and other requirements	17744
established by that state for maintaining the provider's license,	17745
certificate, or other approval;	17746

(6) Whether the provider will be paid by the state department	17747
of job and family services or in some other manner as prescribed	17748
by rules adopted under section 5104.42 of the Revised Code;	17749

(7) That the contract is subject to the availability of state	17750
and federal funds.	17751

(C) Unless specifically prohibited by federal law or by rules	17752
adopted under section 5104.42 of the Revised Code, the county	17753
department of job and family services shall give individuals	17754
eligible for publicly funded child care the option of obtaining	17755
certificates that the individual may use to purchase services from	17756
any provider qualified to provide publicly funded child care under	17757
section 5104.31 of the Revised Code. Providers of publicly funded	17758
child care may present these certificates for payment in	17759
accordance with rules that the director of job and family services	17760
shall adopt. Only providers may receive payment for certificates.	17761
The value of the certificate shall be based on the lower of the	17762
rate customarily charged by the provider or the rate of payment	17763
established pursuant to section 5104.30 of the Revised Code. The	17764
county department may provide the certificates to the individuals	17765
or may contract with child care providers or child care resource	17766
and referral service organizations that make determinations of	17767
eligibility for publicly funded child care pursuant to contracts	17768
entered into under section 5104.34 of the Revised Code for the	17769
providers or resource and referral service organizations to	17770
provide the certificates to individuals whom they determine are	17771
eligible for publicly funded child care.	17772

For each six-month period a provider of publicly funded child	17773
care provides publicly funded child care to the child of an	17774
individual given certificates, the individual shall provide the	17775
provider certificates for days the provider would have provided	17776
publicly funded child care to the child had the child been	17777
present. The maximum number of days providers shall be provided	17778
certificates shall not exceed ten days in a six-month period	17779
during which publicly funded child care is provided to the child	17780
regardless of the number of providers that provide publicly funded	17781
child care to the child during that period.	17782

Sec. 5104.35. (A) Each county department of job and family	17783
services shall do all of the following:	17784

(1) Accept any gift, grant, or other funds from either public	17785
or private sources offered unconditionally or under conditions	17786
which are, in the judgment of the department, proper and	17787
consistent with this chapter and deposit the funds in the county	17788
public assistance fund established by section 5101.161 of the	17789
Revised Code;	17790

(2) Recruit individuals and groups interested in	17791
certification as in-home aides or in developing and operating	17792
suitable licensed child day-care centers, type A family day-care	17793
homes, or ~~certified~~licensed type B family day-care homes,	17794
especially in areas with high concentrations of recipients of	17795
public assistance, and for that purpose provide consultation to	17796
interested individuals and groups on request;	17797

(3) Inform clients of the availability of child care	17798
services.	17799

(B) A county department of job and family services may, to	17800
the extent permitted by federal law, use public child care funds	17801
to extend the hours of operation of the county department to	17802
accommodate the needs of working caretaker parents and enable	17803
those parents to apply for publicly funded child care.	17804

Sec. 5104.36. The licensee or administrator of a child	17805
day-care center or, type A family day-care home, ~~the authorized~~	17806
~~provider of a certified~~or licensed type B family day-care home,	17807
an in-home aide providing child care services, the director or	17808
administrator of an approved child day camp, and a border state	17809
child care provider shall keep a record for each eligible child,	17810
to be made available to the county department of job and family	17811
services or the department of job and family services on request.	17812
The record shall include all of the following:	17813

(A) The name and date of birth of the child;

17814

(B) The name and address of the child's caretaker parent;

17815

(C) The name and address of the caretaker parent's place of	17816
employment or program of education or training;	17817

(D) The hours for which child care services have been	17818
provided for the child;	17819

(E) Any other information required by the county department	17820
of job and family services or the state department of job and	17821
family services.	17822

Sec. 5104.38. In addition to any other rules adopted under	17823
this chapter, the director of job and family services shall adopt	17824
rules in accordance with Chapter 119. of the Revised Code	17825
governing financial and administrative requirements for publicly	17826
funded child care and establishing all of the following:	17827

(A) Procedures and criteria to be used in making	17828
determinations of eligibility for publicly funded child care that	17829
give priority to children of families with lower incomes and	17830
procedures and criteria for eligibility for publicly funded	17831
protective child care. The rules shall specify the maximum amount	17832
of income a family may have for initial and continued eligibility.	17833
The maximum amount shall not exceed two hundred per cent of the	17834
federal poverty line. The rules may specify exceptions to the	17835
eligibility requirements in the case of a family that previously	17836
received publicly funded child care and is seeking to have the	17837
child care reinstated after the family's eligibility was	17838
terminated.	17839

(B) Procedures under which a county department of job and	17840
family services may, if the department, under division (A) of this	17841
section, specifies a maximum amount of income a family may have	17842
for eligibility for publicly funded child care that is less than	17843
the maximum amount specified in that division, specify a maximum	17844
amount of income a family residing in the county the county	17845
department serves may have for initial and continued eligibility	17846
for publicly funded child care that is higher than the amount	17847
specified by the department but does not exceed the maximum amount	17848
specified in division (A) of this section;	17849

(C) A schedule of fees requiring all eligible caretaker	17850
parents to pay a fee for publicly funded child care according to	17851
income and family size, which shall be uniform for all types of	17852
publicly funded child care, except as authorized by rule, and, to	17853
the extent permitted by federal law, shall permit the use of state	17854
and federal funds to pay the customary deposits and other advance	17855
payments that a provider charges all children who receive child	17856
care from that provider. The schedule of fees may not provide for	17857
a caretaker parent to pay a fee that exceeds ten per cent of the	17858
parent's family income.	17859

(D) A formula for determining the amount of state and federal	17860
funds appropriated for publicly funded child care that may be	17861
allocated to a county department to use for administrative	17862
purposes;	17863

(E) Procedures to be followed by the department and county	17864
departments in recruiting individuals and groups to become	17865
providers of child care;	17866

(F) Procedures to be followed in establishing state or local	17867
programs designed to assist individuals who are eligible for	17868
publicly funded child care in identifying the resources available	17869
to them and to refer the individuals to appropriate sources to	17870
obtain child care;	17871

(G) Procedures to deal with fraud and abuse committed by	17872
either recipients or providers of publicly funded child care;	17873

(H) Procedures for establishing a child care grant or loan	17874
program in accordance with the child care block grant act;	17875

(I) Standards and procedures for applicants to apply for	17876
grants and loans, and for the department to make grants and loans;	17877

(J) A definition of "person who stands in loco parentis" for	17878
the purposes of division ~~(KK)~~(JJ)(1) of section 5104.01 of the	17879
Revised Code;	17880

(K) Procedures for a county department of job and family	17881
services to follow in making eligibility determinations and	17882
redeterminations for publicly funded child care available through	17883
telephone, computer, and other means at locations other than the	17884
county department;	17885

(L) If the director establishes a different reimbursement	17886
ceiling under division (E)(3)(d) of section 5104.30 of the Revised	17887
Code, standards and procedures for determining the amount of the	17888
higher payment that is to be issued to a child care provider based	17889
on the special needs of the child being served;	17890

(M) To the extent permitted by federal law, procedures for	17891
paying for up to thirty days of child care for a child whose	17892
caretaker parent is seeking employment, taking part in employment	17893
orientation activities, or taking part in activities in	17894
anticipation of enrolling in or attending an education or training	17895
program or activity, if the employment or the education or	17896
training program or activity is expected to begin within the	17897
thirty-day period;	17898

(N) Any other rules necessary to carry out sections 5104.30	17899
to 5104.43 of the Revised Code.	17900

Sec. 5107.60. In accordance with Title IV-A, federal	17901
regulations, state law, the Title IV-A state plan prepared under	17902
section 5101.80 of the Revised Code, and amendments to the plan,	17903
county departments of job and family services shall establish and	17904
administer the following work activities, in addition to the work	17905
activities established under sections 5107.50, 5107.52, 5107.54,	17906
and 5107.58 of the Revised Code, for minor heads of households and	17907
adults participating in Ohio works first:	17908

(A) Unsubsidized employment activities, including activities	17909
a county department determines are legitimate entrepreneurial	17910
activities;	17911

(B) On-the-job training activities, including training to	17912
become an employee of a child day-care center or type A family	17913
day-care home, ~~authorized provider~~administrator of a ~~certified~~	17914
licensed type B family day-care home, or in-home aide;	17915

(C) Community service activities including a program under	17916
which a participant of Ohio works first who is the parent,	17917
guardian, custodian, or specified relative responsible for the	17918
care of a minor child enrolled in grade twelve or lower is	17919
involved in the minor child's education on a regular basis;	17920

(D) Vocational educational training activities;

17921

(E) Jobs skills training activities that are directly related	17922
to employment;	17923

(F) Education activities that are directly related to	17924
employment for participants who have not earned a high school	17925
diploma or high school equivalence diploma;	17926

(G) Education activities for participants who have not	17927
completed secondary school or received a high school equivalence	17928
diploma under which the participants attend a secondary school or	17929
a course of study leading to a high school equivalence diploma,	17930
including LEAP participation by a minor head of household;	17931

(H) Child-care service activities aiding another participant	17932
assigned to a community service activity or other work activity. A	17933
county department may provide for a participant assigned to this	17934
work activity to receive training necessary to provide child-care	17935
services.	17936

Sec. 5153.175. (A) Notwithstanding division (H)(1) of section	17937
2151.421, section 5153.17, and any other section of the Revised	17938
Code pertaining to confidentiality, when a public children	17939
services agency has determined that child abuse or neglect	17940
occurred and that abuse or neglect involves a person who has	17941
applied for licensure ~~or renewal of licensure~~ as a type A family	17942
day-care home or ~~certification or renewal of certification as a~~	17943
type B family day-care home, the agency shall promptly provide to	17944
the department of job and family services ~~or to a county~~	17945
~~department of job and family services~~ any information the agency	17946
determines to be relevant for the purpose of evaluating the	17947
fitness of the person, including, but not limited to, both of the	17948
following:	17949

(1) A summary report of the chronology of abuse and neglect	17950
reports made pursuant to section 2151.421 of the Revised Code of	17951
which the person is the subject where the agency determined that	17952
abuse or neglect occurred and the final disposition of the	17953
investigation of the reports or, if the investigations have not	17954
been completed, the status of the investigations;	17955

(2) Any underlying documentation concerning those reports.

17956

(B) The agency shall not include in the information provided	17957
to the department ~~or county department~~ under division (A) of this	17958
section the name of the person or entity that made the report or	17959
participated in the making of the report of child abuse or	17960
neglect.	17961

(C) Upon provision of information under division (A) of this	17962
section, the agency shall notify the department ~~or county~~	17963
~~department~~ of both of the following:	17964

(1) That the information is confidential;

17965

(2) That unauthorized dissemination of the information is a	17966
violation of division (H)(2) of section 2151.421 of the Revised	17967
Code and any person who permits or encourages unauthorized	17968
dissemination of the information is guilty of a misdemeanor of the	17969
fourth degree pursuant to section 2151.99 of the Revised Code.	17970

Section 120.02. That existing sections 109.57, 2151.011,	17971
2919.227, 2923.124, 2923.126, 2923.1212, 2950.11, 2950.13,	17972
3109.051, 3701.63, 3737.22, 3742.01, 3797.06, 4511.81, 5101.29,	17973
5103.03, 5104.01, 5104.011, 5104.012, 5104.013, 5104.015,	17974
5104.022, 5104.03, 5104.031, 5104.032, 5104.033, 5104.04,	17975
5104.041, 5104.052, 5104.053, 5104.054, 5104.06, 5104.08, 5104.09,	17976
5104.13, 5104.30, 5104.31, 5104.32, 5104.35, 5104.36, 5104.38,	17977
5107.60, and 5153.175 of the Revised Code are hereby repealed.	17978

Section 120.03. That sections 5104.014 and 5104.11 of the	17979
Revised Code are hereby repealed.	17980

Section 120.04. Sections 120.01, 120.02, and 120.03 of this	17981
act take effect on January 1, 2014.	17982

Section 610.10. That Sections 267.10.90, 267.50.30, and	17983
283.20 of Am. Sub. H.B. 153 of the 129th General Assembly be	17984
amended to read as follows:	17985

Sec. 267.10.90. (A) Notwithstanding anything to the contrary	17986
in section 3301.0710, 3301.0711, 3301.0715, or 3313.608 of the	17987
Revised Code, the administration of the English language arts	17988
assessments for elementary grades as a replacement for the	17989
separate reading and writing assessments prescribed by sections	17990
3301.0710 and 3301.0711 of the Revised Code, as those sections	17991
were amended by Am. Sub. H.B. 1 of the 128th General Assembly,	17992
shall not be required until a date prescribed by rule of the State	17993
Board of Education. Until that date, the Department of Education	17994
and school districts and schools shall continue to administer	17995
separate reading assessments for elementary grades, as prescribed	17996
by the versions of sections 3301.0710 and 3301.0711 of the Revised	17997
Code that were in effect prior to the effective date of Section	17998
265.20.15 of Am. Sub. H.B. 1 of the 128th General Assembly. The	17999
intent for delaying implementation of the replacement English	18000
language arts assessment is to provide adequate time for the	18001
complete development of the new assessment.	18002

(B) Notwithstanding anything to the contrary in section	18003
3301.0710 of the Revised Code, the State Board shall not prescribe	18004
the three ranges of scores for the assessments prescribed by	18005
division (A)(2) of section 3301.0710 of the Revised Code, as	18006
amended by Am. Sub. H.B. 1 of the 128th General Assembly, until	18007
the Board adopts the rule required by division (A) of this	18008
section. Until that date, the Board shall continue to prescribe	18009
the five ranges of scores required by the version of section	18010
3301.0710 of the Revised Code in effect prior to the effective	18011
date of Section 265.20.15 of Am. Sub. H.B. 1 of the 128th General	18012
Assembly, and the ~~following apply:~~	18013

~~(1) The~~ range of scores designated by the State Board as a	18014
proficient level of skill remains the passing score on the Ohio	18015
Graduation Tests for purposes of sections 3313.61, 3313.611,	18016
3313.612, and 3325.08 of the Revised Code;	18017

~~(2) The range of scores designated as a limited level of~~	18018
~~skill remains the standard for applying the third-grade reading~~	18019
~~guarantee under division (A) of section 3313.608 of the Revised~~	18020
~~Code;~~	18021

~~(3) The range of scores designated by the State Board as a~~	18022
~~proficient level of skill remains the standard for the summer~~	18023
~~remediation requirement of division (B)(2) of section 3313.608 of~~	18024
~~the Revised Code~~.	18025

(C) Not later than December 31, 2013, the State Board shall	18026
submit to the General Assembly recommended changes to divisions	18027
(A)(2) and (3) of section 3301.0710 of the Revised Code necessary	18028
to successfully implement the common core curriculum and	18029
assessments in the 2014-2015 school year.	18030

(D) This section is not subject to expiration after June 30,	18031
2013, under Section 809.10 of this act.	18032

Sec. 267.50.30. PROHIBITION FROM OPERATING FROM HOME

18033

NoA community school established under Chapter 3314. of the	18034
Revised Code that was ~~not~~ open for operation as a community school	18035
as of May 1, 2005, ~~shall~~may operate from aor in any home, as	18036
defined in section 3313.64 of the Revised Code, located in the	18037
state, regardless of when the community school's operations from	18038
or in a particular home began.	18039

Sec. 283.20. STATEHOUSE NEWS BUREAU

18040

The foregoing appropriation item 935401, Statehouse News	18041
Bureau, shall be used solely to support the operations of the Ohio	18042
Statehouse News Bureau.	18043

OHIO GOVERNMENT TELECOMMUNICATIONS SERVICES

18044

The foregoing appropriation item 935402, Ohio Government	18045
Telecommunications Services, shall be used solely to support the	18046
operations of Ohio Government Telecommunications Services which	18047
include providing multimedia support to the state government and	18048
its affiliated organizations and broadcasting the activities of	18049
the legislative, judicial, and executive branches of state	18050
government, among its other functions.	18051

TECHNOLOGY OPERATIONS

18052

The foregoing appropriation item 935409, Technology	18053
Operations, shall be used by eTech Ohio to pay expenses of eTech	18054
Ohio's network infrastructure, which includes the television and	18055
radio transmission infrastructure and infrastructure that shall	18056
link all public K-12 classrooms to each other and to the Internet,	18057
and provide access to voice, video, other communication services,	18058
and data educational resources for students and teachers. The	18059
foregoing appropriation item 935409, Technology Operations, may	18060
also be used to cover student costs for taking advanced placement	18061
courses and courses that the Chancellor of the Board of Regents	18062
has determined to be eligible for postsecondary credit through the	18063
OhioLearns Gateway. To the extent that funds remain available for	18064
this purpose, students who are enrolled in public ~~school students~~	18065
and chartered nonpublic schools, and students who are instructed	18066
at home pursuant to section 3321.04 of the Revised Code, who are	18067
taking advanced placement or postsecondary courses through the	18068
OhioLearns Gateway shall be eligible to receive a fee waiver to	18069
cover the cost of participating in one course. The fee waivers	18070
shall be distributed until the funds appropriated to support the	18071
waivers have been exhausted.	18072

CONTENT DEVELOPMENT, ACQUISITION, AND DISTRIBUTION

18073

The foregoing appropriation item 935410, Content Development,	18074
Acquisition, and Distribution, shall be used for the development,	18075
acquisition, and distribution of information resources by public	18076
media and radio reading services and for educational use in the	18077
classroom and online.	18078

Of the foregoing appropriation item 935410, Content	18079
Development, Acquisition, and Distribution, up to $658,099 in each	18080
fiscal year shall be allocated equally among the 12 Ohio	18081
educational television stations and used with the advice and	18082
approval of eTech Ohio. Funds shall be used for the production of	18083
interactive instructional programming series with priority given	18084
to resources aligned with state academic content standards in	18085
consultation with the Ohio Department of Education and for	18086
teleconferences to support eTech Ohio. The programming shall be	18087
targeted to the needs of the poorest two hundred school districts	18088
as determined by the district's adjusted valuation per pupil as	18089
defined in former section 3317.0213 of the Revised Code as that	18090
section existed prior to June 30, 2005.	18091

Of the foregoing appropriation item 935410, Content	18092
Development, Acquisition, and Distribution, up to $1,749,283 in	18093
each fiscal year shall be distributed by eTech Ohio to Ohio's	18094
qualified public educational television stations and educational	18095
radio stations to support their operations. The funds shall be	18096
distributed pursuant to an allocation formula used by the Ohio	18097
Educational Telecommunications Network Commission unless a	18098
substitute formula is developed by eTech Ohio in consultation with	18099
Ohio's qualified public educational television stations and	18100
educational radio stations.	18101

Of the foregoing appropriation item 935410, Content	18102
Development, Acquisition, and Distribution, up to $199,712 in each	18103
fiscal year shall be distributed by eTech Ohio to Ohio's qualified	18104
radio reading services to support their operations. The funds	18105
shall be distributed pursuant to an allocation formula used by the	18106
Ohio Educational Telecommunications Network Commission unless a	18107
substitute formula is developed by eTech Ohio in consultation with	18108
Ohio's qualified radio reading services.	18109

Section 610.11. That existing Sections 267.10.90, 267.50.30,	18110
and 283.20 of Am. Sub. H.B. 153 of the 129th General Assembly are	18111
hereby repealed.	18112

Section 610.20. That Section 267.60.23 of Am. Sub. H.B. 153	18113
of the 129th General Assembly and Section 265.20.15 of Am. Sub.	18114
H.B. 1 of the 128th General Assembly are hereby repealed.	18115

Section 733.10. Not later than June 20, 2013, the Department	18116
of Education shall conduct a study of the licensure requirements	18117
for educational staff responsible for the development of	18118
informational sources for the support of curriculum and literacy	18119
development in schools. The Department and the State Board of	18120
Education shall use the study to make any necessary updates or	18121
revisions to the licensure requirements for those staff.	18122

Section 733.15. Not later than ninety days after the	18123
effective date of this section, the Department of Education shall	18124
make available on its web site a copy of every approved, executed	18125
contract that was filed with the Superintendent of Public	18126
Instruction under section 3314.03 of the Revised Code before the	18127
effective date of this section.	18128

Section 733.30. The State Board of Education and the Early	18129
Childhood Advisory Council, in consultation with the Governor's	18130
Office of 21st Century Education, jointly shall develop	18131
legislative recommendations regarding the state's policies on	18132
literacy education for individuals from birth through third grade,	18133
with the goal of increasing kindergarten readiness, reading	18134
proficiency in kindergarten through third grade, and increasing	18135
school success and college- and career-readiness for Ohio's	18136
children. The State Board of Education and the Early Childhood	18137
Advisory Council shall submit the recommendations to the Governor	18138
and the General Assembly, in accordance with section 101.68 of the	18139
Revised Code, not later than February 28, 2013. The	18140
recommendations shall address all of the following:	18141

(A) Alignment of the state's policies and resources for	18142
reading readiness and proficiency from birth through third grade,	18143
including literacy standards, evidence-based curricula,	18144
professional development, instructional practices, and assessments	18145
to reduce early learning difficulties and to ensure third grade	18146
reading proficiency;	18147

(B) Identification of birth through kindergarten entry	18148
strategies that reduce the kindergarten readiness gap, increase	18149
literacy success throughout the K-12 continuum, and increase	18150
college- and career-readiness;	18151

(C) Recommendations for implementing reading proficiency	18152
strategies.	18153

Section 733.40. Not later than December 31, 2012, the	18154
Superintendent of Public Instruction and the Governor's Director	18155
of 21st Century Education shall issue a report to the Governor and	18156
the General Assembly, in accordance with section 101.68 of the	18157
Revised Code, on the ability of the Ohio Department of Education	18158
to reprioritize state and federal funds appropriated or allocated	18159
to the Department, in order to identify additional funds that may	18160
be used to support the assessments and interventions associated	18161
with the third grade reading guarantee prescribed by section	18162
3313.608 of the Revised Code. The Superintendent and the Director	18163
shall examine all available sources of funding, including Title I	18164
of the "Elementary and Secondary Education Act of 1965," 20 U.S.C.	18165
6301 et seq.; Title III, Part A, of the "No Child Left Behind Act	18166
of 2001," 20 U.S.C. 6811, et seq.; and the "Enhancing Education	18167
Through Technology Act of 2001," 20 U.S.C. 6751.	18168

Section 733.60. The General Assembly intends to enact a law,	18169
not later than December 31, 2012, that establishes a battery of	18170
measures to be used to rate the performance of the sponsors of	18171
community schools established under Chapter 3314. of the Revised	18172
Code and to determine whether an entity may sponsor additional	18173
community schools under that chapter.	18174

Section 733.70. The Department of Education shall conduct a	18175
second Educational Choice Scholarship application period for the	18176
2012-2013 school year to award scholarships to eligible students	18177
who were enrolled in a nonpublic school in the 2011-2012 school	18178
year that was granted a charter by the State Board of Education	18179
during the 2011-2012 school year. The second application period	18180
shall commence on the effective date of this section and shall end	18181
at the close of business of the first business day that is at	18182
least thirty days after the effective date of this section. A	18183
student is an eligible student if an application is timely	18184
submitted under this section and the student meets the eligibility	18185
standards of division (B) of section 3310.031 of the Revised Code.	18186
Notwithstanding section 3310.10 of the Revised Code, a scholarship	18187
awarded during the second application period shall be used in the	18188
2012-2013 school year only to pay tuition at the nonpublic school	18189
in which the eligible student was enrolled in the 2011-2012 school	18190
year.	18191

Section 733.81. Notwithstanding the deadline prescribed in	18192
division (G)(2) of section 3301.0711 of the Revised Code, for the	18193
achievement assessments administered under that section for the	18194
2012-2013 school year, the Department of Education, or an entity	18195
with which the Department contracts for the scoring of the	18196
assessments, shall send to each school district board a list of	18197
the individual scores of all persons taking an assessment	18198
prescribed by division (A)(1) or (B)(1) of section 3301.0710 of	18199
the Revised Code within seventy-five days after its	18200
administration, but in no case shall the scores be returned later	18201
than June 15, 2013.	18202

Section 733.91. The Department of Education shall notify each	18203
school district and community school established under Chapter	18204
3314. of the Revised Code of the requirement of section 3323.19 of	18205
the Revised Code that students with disabilities undergo a	18206
comprehensive eye examination.	18207

Not later than December 31, 2013, the Department shall issue	18208
a report on the compliance of school districts and community	18209
schools with the requirement to have students with disabilities	18210
undergo a comprehensive eye examination in accordance with section	18211
3323.19 of the Revised Code. For the report, the Department shall	18212
collect data from each school district and community school for	18213
the 2012-2013 school year on the total number of students enrolled	18214
in the district or school who were subject to the requirement to	18215
undergo a comprehensive eye examination and the total number of	18216
those students who received the examination, as verified by	18217
documentation received by the district or school. The Department	18218
shall provide copies of the report to the Governor, the Speaker	18219
and Minority Leader of the House of Representatives, the President	18220
and Minority Leader of the Senate, and the chairpersons and	18221
ranking minority members of the House and Senate education	18222
committees.	18223

Section 751.10. The Revised Code section cited in the	18224
Administrative Code as the authority for any rules adopted under	18225
Chapter 5104. of the Revised Code shall be deemed to be the	18226
Revised Code section as renumbered by Section 101.01 of this act.	18227
The Director of Job and Family Services is not required to amend	18228
any rule previously adopted under Chapter 5104. of the Revised	18229
Code for the sole purpose of changing the citation of the Revised	18230
Code section that authorizes the rule.	18231

Section 751.20. The Revised Code sections cited in the	18232
Administrative Code as the authority for any rules adopted under	18233
Chapter 5104. of the Revised Code shall be deemed to be the	18234
Revised Code sections as renumbered by Section 120.01 of this act.	18235
The Director of Job and Family Services is not required to amend	18236
any rules previously adopted under Chapter 5104. of the Revised	18237
Code for the sole purpose of changing the citation of the Revised	18238
Code section that authorizes the rule.	18239

Section 751.30. On January 1, 2014, a person who is	18240
operating a type B family day-care home certified pursuant to	18241
section 5104.11 of the Revised Code, as that section existed on	18242
December 31, 2013, shall be issued a license to operate a type B	18243
family day-care home pursuant to section 5104.03 of the Revised	18244
Code as amended by this act. The Department of Job and Family	18245
Services shall adopt rules establishing a plan to facilitate the	18246
transition of type B homes from certification to licensure. The	18247
rules shall be adopted in accordance with Chapter 119. of the	18248
Revised Code.	18249

Section 763.10. The Office of Workforce Transformation is	18250
authorized to create a web site to help link energy companies with	18251
trained workers and to provide information on industry compatible	18252
curriculum and training. The Office of Workforce Transformation is	18253
also authorized to work with veterans to match training and skills	18254
to needed jobs in industries, including to the oil and gas	18255
industry.	18256

Section 806.10. The items of law contained in this act, and	18257
their applications, are severable. If any item of law contained in	18258
this act, or if any application of any item of law contained in	18259
this act, is held invalid, the invalidity does not affect other	18260
items of law contained in this act and their applications that can	18261
be given effect without the invalid item of law or application.	18262

Section 812.10. Sections subject to referendum: general	18263
effective date. Except as otherwise provided in this act, the	18264
amendment, enactment, or repeal by this act of a section is	18265
subject to the referendum under Ohio Constitution, Article II,	18266
Section 1c and therefore takes effect on the ninety-first day	18267
after this act is filed with the Secretary of State.	18268

Section 812.11. Sections subject to referendum: special	18269
effective dates. The amendment, enactment, or repeal by this act	18270
of the following sections is subject to the referendum under Ohio	18271
Constitution, Article II, Section 1c and therefore takes effect on	18272
the ninety-first day after this act is filed with the Secretary of	18273
State or on the date specified below, whichever is later:	18274

Section 751.20 of this act takes effect January 1, 2014.

18275

Section 815.10. Section 4301.20 of the Revised Code is	18276
presented in this act as a composite of the section as amended by	18277
both Am. Sub. H.B. 114 and S.B. 73 of the 129th General Assembly.	18278
The General Assembly, applying the principle stated in division	18279
(B) of section 1.52 of the Revised Code that amendments are to be	18280
harmonized if reasonably capable of simultaneous operation, finds	18281
that the composite is the resulting version of the section in	18282
effect prior to the effective date of the section as presented in	18283
this act.	18284