Sub. S. B. No. 316 As Reported by the House Education Committee

As Reported by the House Education Committee

129th General Assembly

Regular Session

2011-2012

Sub. S. B. No. 316

Senator Lehner

Cosponsors: Senators Bacon, Eklund, Hite, Jones, LaRose, Niehaus, Sawyer, Turner, Wagoner
Representatives Stebelton, Roegner, Newbold

A BILL

To amend sections 124.38, 3301.04, 3301.079,

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, 3310.01, 3310.02, 3310.03,

3310.04, 3310.06, 3310.07, 3310.08, 3310.10,

3310.11, 3310.13, 3310.14, 3310.15, 3310.17,

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, 3314.012, 3314.015,

3314.016, 3314.02, 3314.03, 3314.05, 3314.08,

3314.17, 3314.18, 3317.01, 3317.03, 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, 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, 3313.847, 3314.017,

3314.019, 3314.11, 3314.15, 3314.39, 3318.364,

3326.031, 3326.26, 4123.391, 4141.292, 5104.031,

5104.032, 5104.033, and 5123.022; and to repeal

sections 3319.19 and 3324.08 of the Revised Code;

to amend Sections 267.10.90 and 267.50.30 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,	56
3301.0712, 3301.0714, 3301.0715, 3301.0723, 3301.52, 3301.53,	57
3301.58, 3301.90, 3301.922, 3302.03, 3302.032, 3302.042, 3302.12,	58
3302.20, 3302.21, 3302.25, 3310.01, 3310.02, 3310.03, 3310.04,	59
3310.06, 3310.07, 3310.08, 3310.10, 3310.11, 3310.13, 3310.14,	60
3310.15, 3310.17, 3313.37, 3313.41, 3313.411, 3313.608, 3313.609,	61
3313.6013, 3313.674, 3313.813, 3313.816, 3313.842, 3313.843,	62
3313.845, 3313.978, 3314.012, 3314.015, 3314.016, 3314.02,	63
3314.03, 3314.05, 3314.08, 3314.17, 3314.18, 3317.01, 3317.03,	64
3317.11, 3318.034, 3318.36, 3318.37, 3318.371, 3318.70, 3319.02,	65
3319.06, 3319.11, 3319.111, 3319.112, 3319.58, 3321.01, 3323.011,	66
3323.052, 3326.03, 3326.04, 3326.10, 3326.11, 3326.17, 3326.21,	67
3328.15, 3328.24, 3333.0411, 4139.01, 4139.03, 4139.04, 4139.05,	68
4141.01, 4141.29, 4301.20, 5104.01, 5104.011, 5104.02, 5104.21,	69
5104.30, 5104.31, 5104.34, 5104.38, 5709.83, 5751.20, 6301.01,	70
6301.02, 6301.03, 6301.04, 6301.07, 6301.08, and 6301.10 be	71
amended; and sections 3301.941, 3302.033, 3302.41, 3310.031,	72
3313.847, 3314.017, 3314.019, 3314.11, 3314.15, 3314.39, 3318.364,	73
3326.031, 3326.26, 4123.391, 4141.292, 5104.031, 5104.032,	74
5104.033, and 5123.022 of the Revised Code be enacted to read as	75
follows:	76

Sec. 124.38. Each of the following shall be entitled for	77
each completed eighty hours of service to sick leave of four and	78
six-tenths hours with pay:	79

(A) Employees in the various offices of the county,	80
municipal, and civil service township service, other than	81
superintendents and management employees, as defined in section	82
5126.20 of the Revised Code, of county boards of developmental	83
disabilities;	84

(B) Employees of any state college or university;

(C) ~~Employees~~Any employee of any board of education for whom	86
sick leave is not provided by section 3319.141 of the Revised	87
Code, provided that the employee is not a substitute, adult	88
education instructor who is scheduled to work the full-time	89
equivalent of less than one hundred twenty days per school year,	90
or a person who is employed on an as-needed, seasonal, or	91
intermittent basis.	92

Employees may use sick leave, upon approval of the	93
responsible administrative officer of the employing unit, for	94
absence due to personal illness, pregnancy, injury, exposure to	95
contagious disease that could be communicated to other employees,	96
and illness, injury, or death in the employee's immediate family.	97
Unused sick leave shall be cumulative without limit. When sick	98
leave is used, it shall be deducted from the employee's credit on	99
the basis of one hour for every one hour of absence from	100
previously scheduled work.	101

The previously accumulated sick leave of an employee who has	102
been separated from the public service shall be placed to the	103
employee's credit upon the employee's re-employment in the public	104
service, provided that the re-employment takes place within ten	105
years of the date on which the employee was last terminated from	106
public service. This ten-year period shall be tolled for any	107
period during which the employee holds elective public office,	108
whether by election or by appointment.	109

An employee who transfers from one public agency to another	110
shall be credited with the unused balance of the employee's	111
accumulated sick leave up to the maximum of the sick leave	112
accumulation permitted in the public agency to which the employee	113
transfers.	114

The appointing authorities of the various offices of the	115
county service may permit all or any part of a person's accrued	116
but unused sick leave acquired during service with any regional	117
council of government established in accordance with Chapter 167.	118
of the Revised Code to be credited to the employee upon a transfer	119
as if the employee were transferring from one public agency to	120
another under this section.	121

The appointing authority of each employing unit shall require	122
an employee to furnish a satisfactory written, signed statement to	123
justify the use of sick leave. If medical attention is required, a	124
certificate stating the nature of the illness from a licensed	125
physician shall be required to justify the use of sick leave.	126
Falsification of either a written, signed statement or a	127
physician's certificate shall be grounds for disciplinary action,	128
including dismissal.	129

This section does not interfere with existing unused sick	130
leave credit in any agency of government where attendance records	131
are maintained and credit has been given employees for unused sick	132
leave.	133

Notwithstanding this section or any other section of the	134
Revised Code, any appointing authority of a county office,	135
department, commission, board, or body may, upon notification to	136
the board of county commissioners, establish alternative schedules	137
of sick leave for employees of the appointing authority for whom	138
the state employment relations board has not established an	139
appropriate bargaining unit pursuant to section 4117.06 of the	140
Revised Code, as long as the alternative schedules are not	141
inconsistent with the provisions of at least one collective	142
bargaining agreement covering other employees of that appointing	143
authority, if such a collective bargaining agreement exists. If no	144
such collective bargaining agreement exists, an appointing	145
authority may, upon notification to the board of county	146
commissioners, establish an alternative schedule of sick leave for	147
its employees that does not diminish the sick leave benefits	148
granted by this section.	149

Sec. 3301.04. Between the first and thirty-first day of	150
January of each odd-numbered year, the state board of education	151
shall hold an organization meeting at which time it shall adopt	152
rules of procedure, elect a president and a vice-president each of	153
whom shall serve for two years or until the president's or	154
vice-president's successor is elected and qualified, and transact	155
such business as the board deems advisable.	156

The state board of education shall ~~hold regular meetings once~~	157
~~every three months and~~adopt, by the thirty-first day of March	158
each year, a calendar indicating the dates on which the board will	159
hold its regular meetings for the following fiscal year. The board	160
may hold special meetings on dates not indicated on the adopted	161
calendar at such times as they may be called as provided in this	162
section. Special meetings of the board may be called by the	163
president, and, upon written request signed by at least a majority	164
of the members, the president shall call a special meeting of the	165
board. The president, or the president's designee, shall give	166
notice through the superintendent of public instruction by	167
~~registered mail~~ to each member of the board at least ten days	168
prior to the time of any special meeting. The notice may be	169
delivered by regular mail or by electronic means. The state board	170
of education shall hold its meetings anywhere in Ohio designated	171
by the board.	172

Sec. 3301.079. (A)(1) ~~Not later than June 30, 2010, and~~	173
~~periodically thereafter, the~~The state board of education	174
periodically shall adopt statewide academic standards with	175
emphasis on coherence, focus, and rigor for each of grades	176
kindergarten through twelve in English language arts, mathematics,	177
science, and social studies.	178

(a) The standards shall specify the following:

179

(i) The core academic content and skills that students are	180
expected to know and be able to do at each grade level that will	181
allow each student to be prepared for postsecondary instruction	182
and the workplace for success in the twenty-first century;	183

(ii) The development of skill sets that promote information,	184
media, and technological literacy;	185

(iii) Interdisciplinary, project-based, real-world learning	186
opportunities.	187

(b) Not later than July 1, 2012, the state board shall	188
incorporate into the social studies standards for grades four to	189
twelve academic content regarding the original texts of the	190
Declaration of Independence, the Northwest Ordinance, the	191
Constitution of the United States and its amendments, with	192
emphasis on the Bill of Rights, and the Ohio Constitution, and	193
their original context. The state board shall revise the model	194
curricula and achievement assessments adopted under divisions (B)	195
and (C) of this section as necessary to reflect the additional	196
American history and American government content. The state board	197
shall make available a list of suggested grade-appropriate	198
supplemental readings that place the documents prescribed by this	199
division in their historical context, which teachers may use as a	200
resource to assist students in reading the documents within that	201
context.	202

(2) After completing the standards required by division	203
(A)(1) of this section, the state board shall adopt standards and	204
model curricula for instruction in technology, financial literacy	205
and entrepreneurship, fine arts, and foreign language for grades	206
kindergarten through twelve. The standards shall meet the same	207
requirements prescribed in division (A)(1)(a) of this section.	208

(3) The state board shall adopt the most recent standards	209
developed by the national association for sport and physical	210
education for physical education in grades kindergarten through	211
twelve or shall adopt its own standards for physical education in	212
those grades and revise and update them periodically.	213

The department of education shall employ a full-time physical	214
education coordinator to provide guidance and technical assistance	215
to districts, community schools, and STEM schools in implementing	216
the physical education standards adopted under this division. The	217
superintendent of public instruction shall determine that the	218
person employed as coordinator is qualified for the position, as	219
demonstrated by possessing an adequate combination of education,	220
license, and experience.	221

(4) When academic standards have been completed for any	222
subject area required by this section, the state board shall	223
inform all school districts, all community schools established	224
under Chapter 3314. of the Revised Code, all STEM schools	225
established under Chapter 3326. of the Revised Code, and all	226
nonpublic schools required to administer the assessments	227
prescribed by sections 3301.0710 and 3301.0712 of the Revised Code	228
of the content of those standards.	229

(B) ~~Not later than March 31, 2011, the~~(1) The state board	230
shall adopt a model curriculum for instruction in each subject	231
area for which updated academic standards are required by division	232
(A)(1) of this section and for each of grades kindergarten through	233
twelve that is sufficient to meet the needs of students in every	234
community. The model curriculum shall be aligned with the	235
standards, to ensure that the academic content and skills	236
specified for each grade level are taught to students, and shall	237
demonstrate vertical articulation and emphasize coherence, focus,	238
and rigor. When any model curriculum has been completed, the state	239
board shall inform all school districts, community schools, and	240
STEM schools of the content of that model curriculum.	241

(2) Not later than June 30, 2013, the state board, in	242
consultation with any office housed in the governor's office that	243
deals with workforce development, shall adopt model curricula for	244
grades kindergarten through twelve that embed career connection	245
learning strategies into regular classroom instruction.	246

(3) All school districts, community schools, and STEM schools	247
may utilize the state standards and the model curriculum	248
established by the state board, together with other relevant	249
resources, examples, or models to ensure that students have the	250
opportunity to attain the academic standards. Upon request, the	251
department ~~of education~~ shall provide technical assistance to any	252
district, community school, or STEM school in implementing the	253
model curriculum.	254

Nothing in this section requires any school district to	255
utilize all or any part of a model curriculum developed under this	256
~~division~~section.	257

(C) The state board shall develop achievement assessments	258
aligned with the academic standards and model curriculum for each	259
of the subject areas and grade levels required by divisions (A)(1)	260
and (B)(1) of section 3301.0710 of the Revised Code.	261

When any achievement assessment has been completed, the state	262
board shall inform all school districts, community schools, STEM	263
schools, and nonpublic schools required to administer the	264
assessment of its completion, and the department ~~of education~~	265
shall make the achievement assessment available to the districts	266
and schools.	267

(D)(1) The state board shall adopt a diagnostic assessment	268
aligned with the academic standards and model curriculum for each	269
of grades kindergarten through two in English language arts and	270
mathematics and for grade three in English language arts. The	271
diagnostic assessment shall be designed to measure student	272
comprehension of academic content and mastery of related skills	273
for the relevant subject area and grade level. Any diagnostic	274
assessment shall not include components to identify gifted	275
students. Blank copies of diagnostic assessments shall be public	276
records.	277

(2) When each diagnostic assessment has been completed, the	278
state board shall inform all school districts of its completion	279
and the department ~~of education~~ shall make the diagnostic	280
assessment available to the districts at no cost to the district.	281
School districts shall administer the diagnostic assessment	282
pursuant to section 3301.0715 of the Revised Code beginning the	283
first school year following the development of the assessment.	284

(E) The state board shall not adopt a diagnostic or	285
achievement assessment for any grade level or subject area other	286
than those specified in this section.	287

(F) Whenever the state board or the department ~~of education~~	288
consults with persons for the purpose of drafting or reviewing any	289
standards, diagnostic assessments, achievement assessments, or	290
model curriculum required under this section, the state board or	291
the department shall first consult with parents of students in	292
kindergarten through twelfth grade and with active Ohio classroom	293
teachers, other school personnel, and administrators with	294
expertise in the appropriate subject area. Whenever practicable,	295
the state board and department shall consult with teachers	296
recognized as outstanding in their fields.	297

If the department contracts with more than one outside entity	298
for the development of the achievement assessments required by	299
this section, the department shall ensure the interchangeability	300
of those assessments.	301

(G) Whenever the state board adopts standards or model	302
curricula under this section, the department also shall provide	303
information on the use of blended or digital learning in the	304
delivery of the standards or curricula to students in accordance	305
with division (A)(4) of this section.	306

(H) The fairness sensitivity review committee, established by	307
rule of the state board of education, shall not allow any question	308
on any achievement or diagnostic assessment developed under this	309
section or any proficiency test prescribed by former section	310
3301.0710 of the Revised Code, as it existed prior to September	311
11, 2001, to include, be written to promote, or inquire as to	312
individual moral or social values or beliefs. The decision of the	313
committee shall be final. This section does not create a private	314
cause of action.	315

~~(H)~~(I) Not later than forty-five days prior to the ~~initial~~	316
~~deadline established~~adoption by the state board of updated	317
academic standards under division (A)(1) of this section ~~and the~~	318
~~deadline established~~or updated model curricula under division	319
(B)(1) of this section, the superintendent of public instruction	320
shall present the academic standards or model curricula, as	321
applicable, to the respective committees of the house of	322
representatives and senate that consider education legislation.	323

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

324

(1) "Blended learning" means a formal education program in	325
which a student learns in part through online delivery of content	326
and instruction with some element of student control over time,	327
place, path, or pace, and primarily at a supervised location away	328
from home.	329

(2) "Coherence" means a reflection of the structure of the	330
discipline being taught.	331

~~(2)~~(3) "Digital learning" means learning facilitated by	332
technology that gives students some element of control over time,	333
place, path, or pace of their learning.	334

(4) "Focus" means limiting the number of items included in a	335
curriculum to allow for deeper exploration of the subject matter.	336

~~(3)~~(5) "Rigor" means more challenging and demanding when	337
compared to international standards.	338

~~(4)~~(6) "Vertical articulation" means key academic concepts	339
and skills associated with mastery in particular content areas	340
should be articulated and reinforced in a developmentally	341
appropriate manner at each grade level so that over time students	342
acquire a depth of knowledge and understanding in the core	343
academic disciplines.	344

Sec. 3301.0712. (A) The state board of education, the	345
superintendent of public instruction, and the chancellor of the	346
Ohio board of regents shall develop a system of college and work	347
ready assessments as described in divisions (B)(1) and (2) of this	348
section to assess whether each student upon graduating from high	349
school is ready to enter college or the workforce. The system	350
shall replace the Ohio graduation tests prescribed in division	351
(B)(1) of section 3301.0710 of the Revised Code as a measure of	352
student academic performance and a prerequisite for eligibility	353
for a high school diploma in the manner prescribed by rule of the	354
state board adopted under division (D) of this section.	355

(B) The college and work ready assessment system shall	356
consist of the following:	357

(1) A nationally standardized assessment that measures	358
college and career readiness selected jointly by the state	359
superintendent and the chancellor.	360

(2) A series of end-of-course examinations in the areas of	361
science, mathematics, English language arts, American history, and	362
American government selected jointly by the state superintendent	363
and the chancellor in consultation with faculty in the appropriate	364
subject areas at institutions of higher education of the	365
university system of Ohio. For each subject area, the state	366
superintendent and chancellor shall select multiple assessments	367
that school districts, public schools, and chartered nonpublic	368
schools may use as end-of-course examinations. Subject to division	369
(B)(3)(b) of this section, those assessments shall include	370
nationally recognized subject area assessments, such as advanced	371
placement examinations, SAT subject tests, international	372
baccalaureate examinations, and other assessments of college and	373
work readiness.	374

(3)(a) Not later than July 1, 2013, each school district	375
board of education shall adopt interim end-of-course examinations	376
that comply with the requirements of divisions (B)(3)(b)(i) and	377
(ii) of this section to assess mastery of American history and	378
American government standards adopted under division (A)(1)(b) of	379
section 3301.079 of the Revised Code and the topics required under	380
division (M) of section 3313.603 of the Revised Code. Each high	381
school of the district shall use the interim examinations until	382
the state superintendent and chancellor select end-of-course	383
examinations in American history and American government under	384
division (B)(2) of this section.	385

(b) Not later than July 1, 2014, the state superintendent and	386
the chancellor shall select the end-of-course examinations in	387
American history and American government.	388

(i) The end-of-course examinations in American history and	389
American government shall require demonstration of mastery of the	390
American history and American government content for social	391
studies standards adopted under division (A)(1)(b) of section	392
3301.079 of the Revised Code and the topics required under	393
division (M) of section 3313.603 of the Revised Code.	394

(ii) At least twenty per cent of the end-of-course	395
examination in American government shall address the topics on	396
American history and American government described in division (M)	397
of section 3313.603 of the Revised Code.	398

(C) ~~Not later than thirty days after the state board adopts~~	399
~~the model curricula required by division (B) of section 3301.079~~	400
~~of the Revised Code, the~~The state board shall convene a group of	401
national experts, state experts, and local practitioners to	402
provide advice, guidance, and recommendations for the alignment of	403
standards and model curricula to the assessments and in the design	404
of the end-of-course examinations prescribed by this section.	405

(D) Upon completion of the development of the assessment	406
system, the state board shall adopt rules prescribing all of the	407
following:	408

(1) A timeline and plan for implementation of the assessment	409
system, including a phased implementation if the state board	410
determines such a phase-in is warranted;	411

(2) The date after which a person entering ninth grade shall	412
meet the requirements of the entire assessment system as a	413
prerequisite for a high school diploma under section 3313.61,	414
3313.612, or 3325.08 of the Revised Code;	415

(3) The date after which a person shall meet the requirements	416
of the entire assessment system as a prerequisite for a diploma of	417
adult education under section 3313.611 of the Revised Code;	418

(4) Whether and the extent to which a person may be excused	419
from an American history end-of-course examination and an American	420
government end-of-course examination under division (H) of section	421
3313.61 and division (B)(2) of section 3313.612 of the Revised	422
Code;	423

(5) The date after which a person who has fulfilled the	424
curriculum requirement for a diploma but has not passed one or	425
more of the required assessments at the time the person fulfilled	426
the curriculum requirement shall meet the requirements of the	427
entire assessment system as a prerequisite for a high school	428
diploma under division (B) of section 3313.614 of the Revised	429
Code;	430

(6) The extent to which the assessment system applies to	431
students enrolled in a dropout recovery and prevention program for	432
purposes of division (F) of section 3313.603 and section 3314.36	433
of the Revised Code.	434

No rule adopted under this division shall be effective	435
earlier than one year after the date the rule is filed in final	436
form pursuant to Chapter 119. of the Revised Code.	437

(E) Not later than forty-five days prior to the state board's	438
adoption of a resolution directing the department of education to	439
file the rules prescribed by division (D) of this section in final	440
form under section 119.04 of the Revised Code, the superintendent	441
of public instruction shall present the assessment system	442
developed under this section to the respective committees of the	443
house of representatives and senate that consider education	444
legislation.	445

Sec. 3301.0714. (A) The state board of education shall adopt	446
rules for a statewide education management information system. The	447
rules shall require the state board to establish guidelines for	448
the establishment and maintenance of the system in accordance with	449
this section and the rules adopted under this section. The	450
guidelines shall include:	451

(1) Standards identifying and defining the types of data in	452
the system in accordance with divisions (B) and (C) of this	453
section;	454

(2) Procedures for annually collecting and reporting the data	455
to the state board in accordance with division (D) of this	456
section;	457

(3) Procedures for annually compiling the data in accordance	458
with division (G) of this section;	459

(4) Procedures for annually reporting the data to the public	460
in accordance with division (H) of this section.	461

(B) The guidelines adopted under this section shall require	462
the data maintained in the education management information system	463
to include at least the following:	464

(1) Student participation and performance data, for each	465
grade in each school district as a whole and for each grade in	466
each school building in each school district, that includes:	467

(a) The numbers of students receiving each category of	468
instructional service offered by the school district, such as	469
regular education instruction, vocational education instruction,	470
specialized instruction programs or enrichment instruction that is	471
part of the educational curriculum, instruction for gifted	472
students, instruction for students with disabilities, and remedial	473
instruction. The guidelines shall require instructional services	474
under this division to be divided into discrete categories if an	475
instructional service is limited to a specific subject, a specific	476
type of student, or both, such as regular instructional services	477
in mathematics, remedial reading instructional services,	478
instructional services specifically for students gifted in	479
mathematics or some other subject area, or instructional services	480
for students with a specific type of disability. The categories of	481
instructional services required by the guidelines under this	482
division shall be the same as the categories of instructional	483
services used in determining cost units pursuant to division	484
(C)(3) of this section.	485

(b) The numbers of students receiving support or	486
extracurricular services for each of the support services or	487
extracurricular programs offered by the school district, such as	488
counseling services, health services, and extracurricular sports	489
and fine arts programs. The categories of services required by the	490
guidelines under this division shall be the same as the categories	491
of services used in determining cost units pursuant to division	492
(C)(4)(a) of this section.	493

(c) Average student grades in each subject in grades nine	494
through twelve;	495

(d) Academic achievement levels as assessed under sections	496
3301.0710, 3301.0711, and 3301.0712 of the Revised Code;	497

(e) The number of students designated as having a disabling	498
condition pursuant to division (C)(1) of section 3301.0711 of the	499
Revised Code;	500

(f) The numbers of students reported to the state board	501
pursuant to division (C)(2) of section 3301.0711 of the Revised	502
Code;	503

(g) Attendance rates and the average daily attendance for the	504
year. For purposes of this division, a student shall be counted as	505
present for any field trip that is approved by the school	506
administration.	507

(h) Expulsion rates;

508

(i) Suspension rates;

509

(j) Dropout rates;

510

(k) Rates of retention in grade;

511

(l) For pupils in grades nine through twelve, the average	512
number of carnegie units, as calculated in accordance with state	513
board of education rules;	514

(m) Graduation rates, to be calculated in a manner specified	515
by the department of education that reflects the rate at which	516
students who were in the ninth grade three years prior to the	517
current year complete school and that is consistent with	518
nationally accepted reporting requirements;	519

(n) Results of diagnostic assessments administered to	520
kindergarten students as required under section 3301.0715 of the	521
Revised Code to permit a comparison of the academic readiness of	522
kindergarten students. However, no district shall be required to	523
report to the department the results of any diagnostic assessment	524
administered to a kindergarten student if the parent of that	525
student requests the district not to report those results.	526

(2) Personnel and classroom enrollment data for each school	527
district, including:	528

(a) The total numbers of licensed employees and nonlicensed	529
employees and the numbers of full-time equivalent licensed	530
employees and nonlicensed employees providing each category of	531
instructional service, instructional support service, and	532
administrative support service used pursuant to division (C)(3) of	533
this section. The guidelines adopted under this section shall	534
require these categories of data to be maintained for the school	535
district as a whole and, wherever applicable, for each grade in	536
the school district as a whole, for each school building as a	537
whole, and for each grade in each school building.	538

(b) The total number of employees and the number of full-time	539
equivalent employees providing each category of service used	540
pursuant to divisions (C)(4)(a) and (b) of this section, and the	541
total numbers of licensed employees and nonlicensed employees and	542
the numbers of full-time equivalent licensed employees and	543
nonlicensed employees providing each category used pursuant to	544
division (C)(4)(c) of this section. The guidelines adopted under	545
this section shall require these categories of data to be	546
maintained for the school district as a whole and, wherever	547
applicable, for each grade in the school district as a whole, for	548
each school building as a whole, and for each grade in each school	549
building.	550

(c) The total number of regular classroom teachers teaching	551
classes of regular education and the average number of pupils	552
enrolled in each such class, in each of grades kindergarten	553
through five in the district as a whole and in each school	554
building in the school district.	555

(d) The number of lead teachers employed by each school	556
district and each school building.	557

(3)(a) Student demographic data for each school district,	558
including information regarding the gender ratio of the school	559
district's pupils, the racial make-up of the school district's	560
pupils, the number of limited English proficient students in the	561
district, and an appropriate measure of the number of the school	562
district's pupils who reside in economically disadvantaged	563
households. The demographic data shall be collected in a manner to	564
allow correlation with data collected under division (B)(1) of	565
this section. Categories for data collected pursuant to division	566
(B)(3) of this section shall conform, where appropriate, to	567
standard practices of agencies of the federal government.	568

(b) With respect to each student entering kindergarten,	569
whether the student previously participated in a public preschool	570
program, a private preschool program, or a head start program, and	571
the number of years the student participated in each of these	572
programs.	573

(4) Any data required to be collected pursuant to federal	574
law.	575

(C) The education management information system shall include	576
cost accounting data for each district as a whole and for each	577
school building in each school district. The guidelines adopted	578
under this section shall require the cost data for each school	579
district to be maintained in a system of mutually exclusive cost	580
units and shall require all of the costs of each school district	581
to be divided among the cost units. The guidelines shall require	582
the system of mutually exclusive cost units to include at least	583
the following:	584

(1) Administrative costs for the school district as a whole.	585
The guidelines shall require the cost units under this division	586
(C)(1) to be designed so that each of them may be compiled and	587
reported in terms of average expenditure per pupil in formula ADM	588
in the school district, as determined pursuant to section 3317.03	589
of the Revised Code.	590

(2) Administrative costs for each school building in the	591
school district. The guidelines shall require the cost units under	592
this division (C)(2) to be designed so that each of them may be	593
compiled and reported in terms of average expenditure per	594
full-time equivalent pupil receiving instructional or support	595
services in each building.	596

(3) Instructional services costs for each category of	597
instructional service provided directly to students and required	598
by guidelines adopted pursuant to division (B)(1)(a) of this	599
section. The guidelines shall require the cost units under	600
division (C)(3) of this section to be designed so that each of	601
them may be compiled and reported in terms of average expenditure	602
per pupil receiving the service in the school district as a whole	603
and average expenditure per pupil receiving the service in each	604
building in the school district and in terms of a total cost for	605
each category of service and, as a breakdown of the total cost, a	606
cost for each of the following components:	607

(a) The cost of each instructional services category required	608
by guidelines adopted under division (B)(1)(a) of this section	609
that is provided directly to students by a classroom teacher;	610

(b) The cost of the instructional support services, such as	611
services provided by a speech-language pathologist, classroom	612
aide, multimedia aide, or librarian, provided directly to students	613
in conjunction with each instructional services category;	614

(c) The cost of the administrative support services related	615
to each instructional services category, such as the cost of	616
personnel that develop the curriculum for the instructional	617
services category and the cost of personnel supervising or	618
coordinating the delivery of the instructional services category.	619

(4) Support or extracurricular services costs for each	620
category of service directly provided to students and required by	621
guidelines adopted pursuant to division (B)(1)(b) of this section.	622
The guidelines shall require the cost units under division (C)(4)	623
of this section to be designed so that each of them may be	624
compiled and reported in terms of average expenditure per pupil	625
receiving the service in the school district as a whole and	626
average expenditure per pupil receiving the service in each	627
building in the school district and in terms of a total cost for	628
each category of service and, as a breakdown of the total cost, a	629
cost for each of the following components:	630

(a) The cost of each support or extracurricular services	631
category required by guidelines adopted under division (B)(1)(b)	632
of this section that is provided directly to students by a	633
licensed employee, such as services provided by a guidance	634
counselor or any services provided by a licensed employee under a	635
supplemental contract;	636

(b) The cost of each such services category provided directly	637
to students by a nonlicensed employee, such as janitorial	638
services, cafeteria services, or services of a sports trainer;	639

(c) The cost of the administrative services related to each	640
services category in division (C)(4)(a) or (b) of this section,	641
such as the cost of any licensed or nonlicensed employees that	642
develop, supervise, coordinate, or otherwise are involved in	643
administering or aiding the delivery of each services category.	644

(D)(1) The guidelines adopted under this section shall	645
require school districts to collect information about individual	646
students, staff members, or both in connection with any data	647
required by division (B) or (C) of this section or other reporting	648
requirements established in the Revised Code. The guidelines may	649
also require school districts to report information about	650
individual staff members in connection with any data required by	651
division (B) or (C) of this section or other reporting	652
requirements established in the Revised Code. The guidelines shall	653
not authorize school districts to request social security numbers	654
of individual students. The guidelines shall prohibit the	655
reporting under this section of a student's name, address, and	656
social security number to the state board of education or the	657
department of education. The guidelines shall also prohibit the	658
reporting under this section of any personally identifiable	659
information about any student, except for the purpose of assigning	660
the data verification code required by division (D)(2) of this	661
section, to any other person unless such person is employed by the	662
school district or the information technology center operated	663
under section 3301.075 of the Revised Code and is authorized by	664
the district or technology center to have access to such	665
information or is employed by an entity with which the department	666
contracts for the scoring of assessments administered under	667
section 3301.0711 of the Revised Code. The guidelines may require	668
school districts to provide the social security numbers of	669
individual staff members.	670

(2)(a) The guidelines shall provide for each school district	671
or community school to assign a data verification code that is	672
unique on a statewide basis over time to each student whose	673
initial Ohio enrollment is in that district or school and to	674
report all required individual student data for that student	675
utilizing such code. The guidelines shall also provide for	676
assigning data verification codes to all students enrolled in	677
districts or community schools on the effective date of the	678
guidelines established under this section. The assignment of data	679
verification codes for other entities, as described in division	680
(D)(2)(c) of this section, the use of those codes, and the	681
reporting and use of associated individual student data shall be	682
coordinated by the department in accordance with state and federal	683
law.	684

~~Individual~~School districts shall report individual student	685
data ~~shall be reported~~ to the department through the information	686
technology centers utilizing the code ~~but, except~~. The entities	687
described in division (D)(2)(c) of this section shall report	688
individual student data to the department in the manner prescribed	689
by the department.	690

Except as provided in sections 3301.941, 3310.11, 3310.42,	691
3310.63, 3313.978, ~~3310.63,~~ and 3317.20 of the Revised Code, at	692
no time shall the state board or the department have access to	693
information that would enable any data verification code to be	694
matched to personally identifiable student data.	695

(b) Each school district and community school shall ensure	696
that the data verification code is included in the student's	697
records reported to any subsequent school district, community	698
school, or state institution of higher education, as defined in	699
section 3345.011 of the Revised Code, in which the student	700
enrolls. Any such subsequent district or school shall utilize the	701
same identifier in its reporting of data under this section.	702

(c) The director of any state agency that administers a	703
publicly funded program providing services to children who are	704
younger than compulsory school age, as defined in section 3321.01	705
of the Revised Code, including the directors of health, job and	706
family services, mental health, and developmental disabilities,	707
shall request and receive, pursuant to sections 3301.0723 and	708
3701.62 of the Revised Code, a data verification code for a child	709
who is receiving those services ~~under division (A)(2) of section~~	710
~~3701.61 of the Revised Code~~.	711

(E) The guidelines adopted under this section may require	712
school districts to collect and report data, information, or	713
reports other than that described in divisions (A), (B), and (C)	714
of this section for the purpose of complying with other reporting	715
requirements established in the Revised Code. The other data,	716
information, or reports may be maintained in the education	717
management information system but are not required to be compiled	718
as part of the profile formats required under division (G) of this	719
section or the annual statewide report required under division (H)	720
of this section.	721

(F) Beginning with the school year that begins July 1, 1991,	722
the board of education of each school district shall annually	723
collect and report to the state board, in accordance with the	724
guidelines established by the board, the data required pursuant to	725
this section. A school district may collect and report these data	726
notwithstanding section 2151.357 or 3319.321 of the Revised Code.	727

(G) The state board shall, in accordance with the procedures	728
it adopts, annually compile the data reported by each school	729
district pursuant to division (D) of this section. The state board	730
shall design formats for profiling each school district as a whole	731
and each school building within each district and shall compile	732
the data in accordance with these formats. These profile formats	733
shall:	734

(1) Include all of the data gathered under this section in a	735
manner that facilitates comparison among school districts and	736
among school buildings within each school district;	737

(2) Present the data on academic achievement levels as	738
assessed by the testing of student achievement maintained pursuant	739
to division (B)(1)(d) of this section.	740

(H)(1) The state board shall, in accordance with the	741
procedures it adopts, annually prepare a statewide report for all	742
school districts and the general public that includes the profile	743
of each of the school districts developed pursuant to division (G)	744
of this section. Copies of the report shall be sent to each school	745
district.	746

(2) The state board shall, in accordance with the procedures	747
it adopts, annually prepare an individual report for each school	748
district and the general public that includes the profiles of each	749
of the school buildings in that school district developed pursuant	750
to division (G) of this section. Copies of the report shall be	751
sent to the superintendent of the district and to each member of	752
the district board of education.	753

(3) Copies of the reports received from the state board under	754
divisions (H)(1) and (2) of this section shall be made available	755
to the general public at each school district's offices. Each	756
district board of education shall make copies of each report	757
available to any person upon request and payment of a reasonable	758
fee for the cost of reproducing the report. The board shall	759
annually publish in a newspaper of general circulation in the	760
school district, at least twice during the two weeks prior to the	761
week in which the reports will first be available, a notice	762
containing the address where the reports are available and the	763
date on which the reports will be available.	764

(I) Any data that is collected or maintained pursuant to this	765
section and that identifies an individual pupil is not a public	766
record for the purposes of section 149.43 of the Revised Code.	767

(J) As used in this section:

768

(1) "School district" means any city, local, exempted	769
village, or joint vocational school district and, in accordance	770
with section 3314.17 of the Revised Code, any community school. As	771
used in division (L) of this section, "school district" also	772
includes any educational service center or other educational	773
entity required to submit data using the system established under	774
this section.	775

(2) "Cost" means any expenditure for operating expenses made	776
by a school district excluding any expenditures for debt	777
retirement except for payments made to any commercial lending	778
institution for any loan approved pursuant to section 3313.483 of	779
the Revised Code.	780

(K) Any person who removes data from the information system	781
established under this section for the purpose of releasing it to	782
any person not entitled under law to have access to such	783
information is subject to section 2913.42 of the Revised Code	784
prohibiting tampering with data.	785

(L)(1) In accordance with division (L)(2) of this section and	786
the rules adopted under division (L)(10) of this section, the	787
department of education may sanction any school district that	788
reports incomplete or inaccurate data, reports data that does not	789
conform to data requirements and descriptions published by the	790
department, fails to report data in a timely manner, or otherwise	791
does not make a good faith effort to report data as required by	792
this section.	793

(2) If the department decides to sanction a school district	794
under this division, the department shall take the following	795
sequential actions:	796

(a) Notify the district in writing that the department has	797
determined that data has not been reported as required under this	798
section and require the district to review its data submission and	799
submit corrected data by a deadline established by the department.	800
The department also may require the district to develop a	801
corrective action plan, which shall include provisions for the	802
district to provide mandatory staff training on data reporting	803
procedures.	804

(b) Withhold up to ten per cent of the total amount of state	805
funds due to the district for the current fiscal year and, if not	806
previously required under division (L)(2)(a) of this section,	807
require the district to develop a corrective action plan in	808
accordance with that division;	809

(c) Withhold an additional amount of up to twenty per cent of	810
the total amount of state funds due to the district for the	811
current fiscal year;	812

(d) Direct department staff or an outside entity to	813
investigate the district's data reporting practices and make	814
recommendations for subsequent actions. The recommendations may	815
include one or more of the following actions:	816

(i) Arrange for an audit of the district's data reporting	817
practices by department staff or an outside entity;	818

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

819

(iii) Withhold an additional amount of up to thirty per cent	820
of the total amount of state funds due to the district for the	821
current fiscal year;	822

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

823

(v) Assign department staff to supervise the district's data	824
management system;	825

(vi) Conduct an investigation to determine whether to suspend	826
or revoke the license of any district employee in accordance with	827
division (N) of this section;	828

(vii) If the district is issued a report card under section	829
3302.03 of the Revised Code, indicate on the report card that the	830
district has been sanctioned for failing to report data as	831
required by this section;	832

(viii) If the district is issued a report card under section	833
3302.03 of the Revised Code and incomplete or inaccurate data	834
submitted by the district likely caused the district to receive a	835
higher performance rating than it deserved under that section,	836
issue a revised report card for the district;	837

(ix) Any other action designed to correct the district's data	838
reporting problems.	839

(3) Any time the department takes an action against a school	840
district under division (L)(2) of this section, the department	841
shall make a report of the circumstances that prompted the action.	842
The department shall send a copy of the report to the district	843
superintendent or chief administrator and maintain a copy of the	844
report in its files.	845

(4) If any action taken under division (L)(2) of this section	846
resolves a school district's data reporting problems to the	847
department's satisfaction, the department shall not take any	848
further actions described by that division. If the department	849
withheld funds from the district under that division, the	850
department may release those funds to the district, except that if	851
the department withheld funding under division (L)(2)(c) of this	852
section, the department shall not release the funds withheld under	853
division (L)(2)(b) of this section and, if the department withheld	854
funding under division (L)(2)(d) of this section, the department	855
shall not release the funds withheld under division (L)(2)(b) or	856
(c) of this section.	857

(5) Notwithstanding anything in this section to the contrary,	858
the department may use its own staff or an outside entity to	859
conduct an audit of a school district's data reporting practices	860
any time the department has reason to believe the district has not	861
made a good faith effort to report data as required by this	862
section. If any audit conducted by an outside entity under	863
division (L)(2)(d)(i) or (5) of this section confirms that a	864
district has not made a good faith effort to report data as	865
required by this section, the district shall reimburse the	866
department for the full cost of the audit. The department may	867
withhold state funds due to the district for this purpose.	868

(6) Prior to issuing a revised report card for a school	869
district under division (L)(2)(d)(viii) of this section, the	870
department may hold a hearing to provide the district with an	871
opportunity to demonstrate that it made a good faith effort to	872
report data as required by this section. The hearing shall be	873
conducted by a referee appointed by the department. Based on the	874
information provided in the hearing, the referee shall recommend	875
whether the department should issue a revised report card for the	876
district. If the referee affirms the department's contention that	877
the district did not make a good faith effort to report data as	878
required by this section, the district shall bear the full cost of	879
conducting the hearing and of issuing any revised report card.	880

(7) If the department determines that any inaccurate data	881
reported under this section caused a school district to receive	882
excess state funds in any fiscal year, the district shall	883
reimburse the department an amount equal to the excess funds, in	884
accordance with a payment schedule determined by the department.	885
The department may withhold state funds due to the district for	886
this purpose.	887

(8) Any school district that has funds withheld under	888
division (L)(2) of this section may appeal the withholding in	889
accordance with Chapter 119. of the Revised Code.	890

(9) In all cases of a disagreement between the department and	891
a school district regarding the appropriateness of an action taken	892
under division (L)(2) of this section, the burden of proof shall	893
be on the district to demonstrate that it made a good faith effort	894
to report data as required by this section.	895

(10) The state board of education shall adopt rules under	896
Chapter 119. of the Revised Code to implement division (L) of this	897
section.	898

(M) No information technology center or school district shall	899
acquire, change, or update its student administration software	900
package to manage and report data required to be reported to the	901
department unless it converts to a student software package that	902
is certified by the department.	903

(N) The state board of education, in accordance with sections	904
3319.31 and 3319.311 of the Revised Code, may suspend or revoke a	905
license as defined under division (A) of section 3319.31 of the	906
Revised Code that has been issued to any school district employee	907
found to have willfully reported erroneous, inaccurate, or	908
incomplete data to the education management information system.	909

(O) No person shall release or maintain any information about	910
any student in violation of this section. Whoever violates this	911
division is guilty of a misdemeanor of the fourth degree.	912

(P) The department shall disaggregate the data collected	913
under division (B)(1)(n) of this section according to the race and	914
socioeconomic status of the students assessed. No data collected	915
under that division shall be included on the report cards required	916
by section 3302.03 of the Revised Code.	917

(Q) If the department cannot compile any of the information	918
required by division (C)(5) of section 3302.03 of the Revised Code	919
based upon the data collected under this section, the department	920
shall develop a plan and a reasonable timeline for the collection	921
of any data necessary to comply with that division.	922

Sec. 3301.0715. (A) Except as ~~provided in division (E) of~~	923
~~this section~~otherwise required under division (B)(1) of section	924
3313.608 of the Revised Code, the board of education of each city,	925
local, and exempted village school district shall administer each	926
applicable diagnostic assessment developed and provided to the	927
district in accordance with section 3301.079 of the Revised Code	928
to the following:	929

(1) Each student enrolled in a building that has failed to	930
make adequate yearly progress for two or more consecutive school	931
years;	932

(2) Any student who transfers into the district or to a	933
different school within the district if each applicable diagnostic	934
assessment was not administered by the district or school the	935
student previously attended in the current school year, within	936
thirty days after the date of transfer. If the district or school	937
into which the student transfers cannot determine whether the	938
student has taken any applicable diagnostic assessment in the	939
current school year, the district or school may administer the	940
diagnostic assessment to the student.	941

(3) Each kindergarten student, not earlier than four weeks	942
prior to the first day of school and not later than the first day	943
of October. For the purpose of division (A)(3) of this section,	944
the district shall administer the kindergarten readiness	945
assessment provided by the department of education. In no case	946
shall the results of the readiness assessment be used to prohibit	947
a student from enrolling in kindergarten.	948

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

949

(B) Each district board shall administer each diagnostic	950
assessment as the board deems appropriate, provided the	951
administration complies with section 3313.608 of the Revised Code.	952
However, the board shall administer any diagnostic assessment at	953
least once annually to all students in the appropriate grade	954
level. A district board may administer any diagnostic assessment	955
in the fall and spring of a school year to measure the amount of	956
academic growth attributable to the instruction received by	957
students during that school year.	958

(C) Each district board shall utilize and score any	959
diagnostic assessment administered under division (A) of this	960
section in accordance with rules established by the department.	961
~~Except as required by division (B)(1)(n) of section 3301.0714 of~~	962
~~the Revised Code, neither the state board of education nor the~~	963
~~department shall require school districts to report the results of~~	964
~~diagnostic assessments for any students to the department or to~~	965
~~make any such results available in any form to the public.~~ After	966
the administration of any diagnostic assessment, each district	967
shall provide a student's completed diagnostic assessment, the	968
results of such assessment, and any other accompanying documents	969
used during the administration of the assessment to the parent of	970
that student ~~upon the parent's request~~, and shall include all such	971
documents and information in any plan developed for the student	972
under division (C) of section 3313.608 of the Revised Code. Each	973
district shall submit to the department, in the manner the	974
department prescribes, the results of the diagnostic assessments	975
administered under this section, regardless of the type of	976
assessment used under section 3313.608 of the Revised Code. The	977
department may issue reports with respect to the data collected.	978

(D) Each district board shall provide intervention services	979
to students whose diagnostic assessments show that they are	980
failing to make satisfactory progress toward attaining the	981
academic standards for their grade level.	982

(E) ~~Any district that made adequate yearly progress in the~~	983
~~immediately preceding school year may assess student progress in~~	984
~~grades one through three using a diagnostic assessment other than~~	985
~~the diagnostic assessment required by division (A) of this~~	986
~~section.~~	987

~~(F) A district board may administer the third grade English~~	988
~~language arts diagnostic assessment provided to the district in~~	989
~~accordance with section 3301.079 of the Revised Code to any~~	990
~~student enrolled in a building that is not subject to division~~	991
~~(A)(1) of this section. Any district electing to administer the~~	992
~~diagnostic assessment to students under this division shall~~	993
~~provide intervention services to any such student whose diagnostic~~	994
~~assessment shows unsatisfactory progress toward attaining the~~	995
~~academic standards for the student's grade level.~~	996

~~(G)~~ As used in this section, "adequate yearly progress" has	997
the same meaning as in section 3302.01 of the Revised Code.	998

Sec. 3301.0723. (A) The independent contractor engaged by	999
the department of education to create and maintain for school	1000
districts and community schools the student data verification	1001
codes required by division (D)(2) of section 3301.0714 of the	1002
Revised Code ~~shall~~, upon request of the director of any state	1003
agency that administers a publicly funded program providing	1004
services to children who are younger than compulsory school age,	1005
as defined in section 3321.01 of the Revised Code, including the	1006
directors of health ~~under section 3701.62 of the Revised Code~~, job	1007
and family services, mental health, and developmental	1008
disabilities, shall assign a data verification code to a child who	1009
is receiving such services ~~under division (A)(2) of section~~	1010
~~3701.61 of the Revised Code. The contractor~~and shall provide that	1011
code to the director~~, who shall submit it, as specified in section~~	1012
~~3701.62 of the Revised Code, to the public school in which the~~	1013
~~child will be enrolled for special education and related services~~	1014
~~under Chapter 3323. of the Revised Code~~. The contractor also shall	1015
provide that code to the department of education.	1016

(B) The director of a state agency that receives a child's	1017
data verification code under division (A) of this section shall	1018
use that code to submit information for that child to the	1019
department of education in accordance with section 3301.0714 of	1020
the Revised Code.	1021

(C) A public school that receives afrom the independent	1022
contractor the data verification code for a child ~~from the~~	1023
~~director of health~~assigned under division (A) of this section	1024
shall not request or assign to that child another data	1025
verification code under division (D)(2) of section 3301.0714 of	1026
the Revised Code. That school and any other public school in which	1027
the child subsequently enrolls shall use the data verification	1028
code ~~provided by the director~~assigned under division (A) of this	1029
section to report data relative to that student ~~that is~~ required	1030
under section 3301.0714 of the Revised Code.	1031

Sec. 3301.52. As used in sections 3301.52 to 3301.59 of the	1032
Revised Code:	1033

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

1034

(1) A child care program for preschool children that is	1035
operated by a school district board of education or an eligible	1036
nonpublic school.	1037

(2) A child care program for preschool children age three or	1038
older that is operated by a county DD board.	1039

(B) "Preschool child" or "child" means a child who has not	1040
entered kindergarten and is not of compulsory school age.	1041

(C) "Parent, guardian, or custodian" means the person or	1042
government agency that is or will be responsible for a child's	1043
school attendance under section 3321.01 of the Revised Code.	1044

(D) "Superintendent" means the superintendent of a school	1045
district or the chief administrative officer of an eligible	1046
nonpublic school.	1047

(E) "Director" means the director, head teacher, elementary	1048
principal, or site administrator who is the individual on site and	1049
responsible for supervision of a preschool program.	1050

(F) "Preschool staff member" means a preschool employee whose	1051
primary responsibility is care, teaching, or supervision of	1052
preschool children.	1053

(G) "Nonteaching employee" means a preschool program or	1054
school child program employee whose primary responsibilities are	1055
duties other than care, teaching, and supervision of preschool	1056
children or school children.	1057

(H) "Eligible nonpublic school" means a nonpublic school	1058
chartered as described in division (B)(8) of section 5104.02 of	1059
the Revised Code or chartered by the state board of education for	1060
any combination of grades one through twelve, regardless of	1061
whether it also offers kindergarten.	1062

(I) "County DD board" means a county board of developmental	1063
disabilities.	1064

(J) "School child program" means a child care program for	1065
only school children that is operated by a school district board	1066
of education, county DD board, or eligible nonpublic school.	1067

(K) "School child" ~~and "child care" have the same meanings as~~	1068
~~in section 5104.01 of the Revised Code~~means a child who is	1069
enrolled in or is eligible to be enrolled in a grade of	1070
kindergarten or above but is less than fifteen years old.	1071

(L) "School child program staff member" means an employee	1072
whose primary responsibility is the care, teaching, or supervision	1073
of children in a school child program.	1074

(M) "Child care" means administering to the needs of infants,	1075
toddlers, preschool children, and school children outside of	1076
school hours by persons other than their parents or guardians,	1077
custodians, or relatives by blood, marriage, or adoption for any	1078
part of the twenty-four-hour day in a place or residence other	1079
than a child's own home.	1080

(N) "Child day-care center," "publicly funded child care,"	1081
and "school-age child care center" have the same meanings as in	1082
section 5104.01 of the Revised Code.	1083

Sec. 3301.53. (A) The state board of education, in	1084
consultation with the director of job and family services, shall	1085
formulate and prescribe by rule adopted under Chapter 119. of the	1086
Revised Code minimum standards to be applied to preschool programs	1087
operated by school district boards of education, county DD boards,	1088
or eligible nonpublic schools. The rules shall include the	1089
following:	1090

(1) Standards ensuring that the preschool program is located	1091
in a safe and convenient facility that accommodates the enrollment	1092
of the program, is of the quality to support the growth and	1093
development of the children according to the program objectives,	1094
and meets the requirements of section 3301.55 of the Revised Code;	1095

(2) Standards ensuring that supervision, discipline, and	1096
programs will be administered according to established objectives	1097
and procedures;	1098

(3) Standards ensuring that preschool staff members and	1099
nonteaching employees are recruited, employed, assigned,	1100
evaluated, and provided inservice education without discrimination	1101
on the basis of age, color, national origin, race, or sex; and	1102
that preschool staff members and nonteaching employees are	1103
assigned responsibilities in accordance with written position	1104
descriptions commensurate with their training and experience;	1105

(4) A requirement that boards of education intending to	1106
establish a preschool program demonstrate a need for a preschool	1107
program prior to establishing the program;	1108

(5) Requirements that children participating in preschool	1109
programs have been immunized to the extent considered appropriate	1110
by the state board to prevent the spread of communicable disease;	1111

(6) Requirements that the parents of preschool children	1112
complete the emergency medical authorization form specified in	1113
section 3313.712 of the Revised Code.	1114

(B) The state board of education in consultation with the	1115
director of job and family services shall ensure that the rules	1116
adopted by the state board under sections 3301.52 to 3301.58 of	1117
the Revised Code are consistent with and meet or exceed the	1118
requirements of Chapter 5104. of the Revised Code with regard to	1119
child day-care centers. The state board and the director of job	1120
and family services shall review all such rules at least once	1121
every five years.	1122

(C) The state board of education, in consultation with the	1123
director of job and family services, shall adopt rules for school	1124
child programs that are consistent with and meet or exceed the	1125
requirements of the rules adopted for ~~school~~school-age child	1126
~~day-care~~care centers under Chapter 5104. of the Revised Code.	1127

Sec. 3301.58. (A) The department of education is responsible	1128
for the licensing of preschool programs and school child programs	1129
and for the enforcement of sections 3301.52 to 3301.59 of the	1130
Revised Code and of any rules adopted under those sections. No	1131
school district board of education, county DD board, or eligible	1132
nonpublic school shall operate, establish, manage, conduct, or	1133
maintain a preschool program without a license issued under this	1134
section. A school district board of education, county DD board, or	1135
eligible nonpublic school may obtain a license under this section	1136
for a school child program. The school district board of	1137
education, county DD board, or eligible nonpublic school shall	1138
post the ~~current~~ license for each preschool program and licensed	1139
school child program it operates, establishes, manages, conducts,	1140
or maintains in a conspicuous place in the preschool program or	1141
licensed school child program that is accessible to parents,	1142
custodians, or guardians and employees and staff members of the	1143
program at all times when the program is in operation.	1144

(B) Any school district board of education, county DD board,	1145
or eligible nonpublic school that desires to operate, establish,	1146
manage, conduct, or maintain a preschool program shall apply to	1147
the department of education for a license on a form that the	1148
department shall prescribe by rule. Any school district board of	1149
education, county DD board, or eligible nonpublic school that	1150
desires to obtain a license for a school child program shall apply	1151
to the department for a license on a form that the department	1152
shall prescribe by rule. The department shall provide at no charge	1153
to each applicant for a license under this section a copy of the	1154
requirements under sections 3301.52 to 3301.59 of the Revised Code	1155
and any rules adopted under those sections. ~~The department shall~~	1156
~~mail application forms for the renewal of a license at least one~~	1157
~~hundred twenty days prior to the date of the expiration of the~~	1158
~~license, and the application for renewal of a license shall be~~	1159
~~filed with the department at least sixty days before the date of~~	1160
~~the expiration of the existing license.~~ The department may	1161
establish application fees by rule adopted under Chapter 119. of	1162
the Revised Code, and all applicants for a license shall pay any	1163
fee established by the department at the time of making an	1164
application for a license. All fees collected pursuant to this	1165
section shall be paid into the state treasury to the credit of the	1166
general revenue fund.	1167

(C) Upon the filing of an application for a license, the	1168
department of education shall investigate and inspect the	1169
preschool program or school child program to determine the license	1170
capacity for each age category of children of the program and to	1171
determine whether the program complies with sections 3301.52 to	1172
3301.59 of the Revised Code and any rules adopted under those	1173
sections. When, after investigation and inspection, the department	1174
of education is satisfied that sections 3301.52 to 3301.59 of the	1175
Revised Code and any rules adopted under those sections are	1176
complied with by the applicant, the department of education shall	1177
issue the program a provisional license as soon as practicable in	1178
the form and manner prescribed by the rules of the department. The	1179
provisional license shall be valid for ~~six months~~one year from	1180
the date of issuance unless revoked.	1181

(D) The department of education shall investigate and inspect	1182
a preschool program or school child program that has been issued a	1183
provisional license at least once during operation under the	1184
provisional license. If, after the investigation and inspection,	1185
the department of education determines that the requirements of	1186
sections 3301.52 to 3301.59 of the Revised Code and any rules	1187
adopted under those sections are met by the provisional licensee,	1188
the department of education shall issue the program a license ~~that~~	1189
~~is effective for two years from the date of the issuance of the~~	1190
~~provisional license~~. The license shall remain valid unless revoked	1191
or the program ceases operations.	1192

(E) ~~Upon the filing of an application for the renewal of a~~	1193
~~license by a preschool program or school child program, the~~The	1194
department of education annually shall investigate and inspect ~~the~~	1195
each preschool program or school child program~~. If the department~~	1196
~~of education determines that~~licensed under division (D) of this	1197
section to determine if the requirements of sections 3301.52 to	1198
3301.59 of the Revised Code and any rules adopted under those	1199
sections are met by the ~~applicant, the department of education~~	1200
~~shall renew the license for two years from the date of the~~	1201
~~expiration date of the previous license~~program, and shall notify	1202
the program of the results.	1203

(F) The license or provisional license shall state the name	1204
of the school district board of education, county DD board, or	1205
eligible nonpublic school that operates the preschool program or	1206
school child program and the license capacity of the program. ~~The~~	1207
~~license shall include any other information required by section~~	1208
~~5104.03 of the Revised Code for the license of a child day-care~~	1209
~~center.~~	1210

(G) The department of education may revoke the license of any	1211
preschool program or school child program that is not in	1212
compliance with the requirements of sections 3301.52 to 3301.59 of	1213
the Revised Code and any rules adopted under those sections.	1214

(H) If the department of education revokes a license or	1215
~~refuses to renew a license to a program~~, the department shall not	1216
issue a license to the program within two years from the date of	1217
the revocation ~~or refusal~~. All actions of the department with	1218
respect to licensing preschool programs and school child programs	1219
shall be in accordance with Chapter 119. of the Revised Code.	1220

Sec. 3301.90. The governor shall create the early childhood	1221
advisory council in accordance with 42 U.S.C. 9837b(b)(1) and	1222
shall appoint one of its members to serve as chairperson of the	1223
council. The council shall serve as the state advisory council on	1224
early childhood education and care, as described in 42 U.S.C.	1225
9837b(b)(1). In addition to the duties specified in 42 U.S.C.	1226
9837b(b)(1), the council ~~shall advise the state regarding the~~	1227
~~creation and duties of the center for early childhood development~~	1228
~~and~~ shall promote family-centered programs and services that	1229
acknowledge and support the social, emotional, cognitive,	1230
intellectual, and physical development of children and the vital	1231
role of families in ensuring the well-being and success of	1232
children.	1233

Sec. 3301.922. The department of education shall issue an	1234
annual report on the ~~compliance of~~participation by public and	1235
chartered nonpublic schools ~~with~~in the ~~requirements~~option of	1236
~~section~~sections 3313.674, 3314.15, and 3326.26 of the Revised	1237
Code to screen students for body mass index and weight status	1238
category. The department shall include in the report any data	1239
regarding student health and wellness collected ~~by the department~~	1240
in conjunction with those ~~requirements~~sections. The department	1241
shall submit each report to the governor, the general assembly,	1242
and the healthy choices for healthy children council.	1243

Sec. 3301.941. As used in this section, "early childhood	1244
program" means any publicly funded program providing services to	1245
children younger than compulsory school age, as defined in section	1246
3321.01 of the Revised Code.	1247

Student level data records collected and maintained for	1248
purposes of administering early childhood programs shall be	1249
assigned a unique student data verification code in accordance	1250
with division (D)(2) of section 3301.0714 of the Revised Code and	1251
shall be included in the combined data repository authorized by	1252
section 3301.94 of the Revised Code. The department may require	1253
certain personally identifiable student data, including student	1254
names, to be reported to the department for purposes of	1255
administering early childhood programs but not be included in the	1256
combined data repository. The department and each school or center	1257
providing services through an early childhood program that	1258
receives a student level data record, a data verification code, or	1259
other personally identifiable information shall not release that	1260
record, code, or other information to any person except as	1261
provided by section 3319.321 of the Revised Code or the "Family	1262
Educational Rights and Privacy Act of 1974," 88 Stat. 571, 20	1263
U.S.C. 1232g. Any document relative to an early childhood program	1264
that the department holds in its files that contains a student's	1265
name, data verification code, or other personally identifiable	1266
information shall not be a public record under section 149.43 of	1267
the Revised Code.	1268

Any state agency that administers an early childhood program	1269
may use student data contained in the combined data repository to	1270
conduct research and analysis designed to evaluate the	1271
effectiveness of and investments in that program, in compliance	1272
with the Family Educational Rights and Privacy Act and regulations	1273
promulgated under that act.	1274

Sec. 3302.03. (A) Annually the department of education shall	1275
report for each city, local, and exempted village school district	1276
and each school building in aeach district all of the following:	1277

(1) The extent to which the school district or building meets	1278
each of the applicable performance indicators created by the state	1279
board of education under section 3302.02 of the Revised Code and	1280
the number of applicable performance indicators that have been	1281
achieved;	1282

(2) The performance index score of the school district or	1283
building;	1284

(3) Whether the school district or building has made adequate	1285
yearly progress;	1286

(4) Whether the school district or building is excellent,	1287
effective, needs continuous improvement, is under an academic	1288
watch, or is in a state of academic emergency.	1289

(B) Except as otherwise provided in division (B)(6) of this	1290
section:	1291

(1) A school district or building shall be declared excellent	1292
if it meets at least ninety-four per cent of the applicable state	1293
performance indicators or has a performance index score	1294
established by the department, except that if it does not make	1295
adequate yearly progress for two or more of the same subgroups for	1296
three or more consecutive years, it shall be declared effective.	1297

(2) A school district or building shall be declared effective	1298
if it meets at least seventy-five per cent but less than	1299
ninety-four per cent of the applicable state performance	1300
indicators or has a performance index score established by the	1301
department, except that if it does not make adequate yearly	1302
progress for two or more of the same subgroups for three or more	1303
consecutive years, it shall be declared in need of continuous	1304
improvement.	1305

(3) A school district or building shall be declared to be in	1306
need of continuous improvement if it fulfills one of the following	1307
requirements:	1308

(a) It makes adequate yearly progress, meets less than	1309
seventy-five per cent of the applicable state performance	1310
indicators, and has a performance index score established by the	1311
department.	1312

(b) It does not make adequate yearly progress and either	1313
meets at least fifty per cent but less than seventy-five per cent	1314
of the applicable state performance indicators or has a	1315
performance index score established by the department.	1316

(4) A school district or building shall be declared to be	1317
under an academic watch if it does not make adequate yearly	1318
progress and either meets at least thirty-one per cent but less	1319
than fifty per cent of the applicable state performance indicators	1320
or has a performance index score established by the department.	1321

(5) A school district or building shall be declared to be in	1322
a state of academic emergency if it does not make adequate yearly	1323
progress, does not meet at least thirty-one per cent of the	1324
applicable state performance indicators, and has a performance	1325
index score established by the department.	1326

(6) Division (B)(6) of this section does not apply to any	1327
community school established under Chapter 3314. of the Revised	1328
Code in which a majority of the students are enrolled in a dropout	1329
prevention and recovery program.	1330

A school district or building shall not be assigned a higher	1331
performance rating than in need of continuous improvement if at	1332
least ten per cent but not more than fifteen per cent of the	1333
enrolled students do not take all achievement assessments	1334
prescribed for their grade level under division (A)(1) or (B)(1)	1335
of section 3301.0710 of the Revised Code from which they are not	1336
excused pursuant to division (C)(1) or (3) of section 3301.0711 of	1337
the Revised Code. A school district or building shall not be	1338
assigned a higher performance rating than under an academic watch	1339
if more than fifteen per cent but not more than twenty per cent of	1340
the enrolled students do not take all achievement assessments	1341
prescribed for their grade level under division (A)(1) or (B)(1)	1342
of section 3301.0710 of the Revised Code from which they are not	1343
excused pursuant to division (C)(1) or (3) of section 3301.0711 of	1344
the Revised Code. A school district or building shall not be	1345
assigned a higher performance rating than in a state of academic	1346
emergency if more than twenty per cent of the enrolled students do	1347
not take all achievement assessments prescribed for their grade	1348
level under division (A)(1) or (B)(1) of section 3301.0710 of the	1349
Revised Code from which they are not excused pursuant to division	1350
(C)(1) or (3) of section 3301.0711 of the Revised Code.	1351

(C)(1) The department shall issue annual report cards for	1352
each city, local, and exempted village school district, each	1353
building within each district, and for the state as a whole	1354
reflecting performance on the indicators created by the state	1355
board under section 3302.02 of the Revised Code, the performance	1356
index score, and adequate yearly progress.	1357

(2) The department shall include on the report card for each	1358
city, local, and exempted village school district information	1359
pertaining to any change from the previous year made by the school	1360
district or school buildings within the district on any	1361
performance indicator.	1362

(3) When reporting data on student performance, the	1363
department shall disaggregate that data according to the following	1364
categories:	1365

(a) Performance of students by age group;

1366

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

1367

1368

(d) Performance of students grouped by those who have been	1369
enrolled in a district or school for three or more years;	1370

(e) Performance of students grouped by those who have been	1371
enrolled in a district or school for more than one year and less	1372
than three years;	1373

(f) Performance of students grouped by those who have been	1374
enrolled in a district or school for one year or less;	1375

(g) Performance of students grouped by those who are	1376
economically disadvantaged;	1377

(h) Performance of students grouped by those who are enrolled	1378
in a conversion community school established under Chapter 3314.	1379
of the Revised Code;	1380

(i) Performance of students grouped by those who are	1381
classified as limited English proficient;	1382

(j) Performance of students grouped by those who have	1383
disabilities;	1384

(k) Performance of students grouped by those who are	1385
classified as migrants;	1386

(l) Performance of students grouped by those who are	1387
identified as gifted pursuant to Chapter 3324. of the Revised	1388
Code.	1389

The department may disaggregate data on student performance	1390
according to other categories that the department determines are	1391
appropriate. To the extent possible, the department shall	1392
disaggregate data on student performance according to any	1393
combinations of two or more of the categories listed in divisions	1394
(C)(3)(a) to (l) of this section that it deems relevant.	1395

In reporting data pursuant to division (C)(3) of this	1396
section, the department shall not include in the report cards any	1397
data statistical in nature that is statistically unreliable or	1398
that could result in the identification of individual students.	1399
For this purpose, the department shall not report student	1400
performance data for any group identified in division (C)(3) of	1401
this section that contains less than ten students.	1402

(4) The department may include with the report cards any	1403
additional education and fiscal performance data it deems	1404
valuable.	1405

(5) The department shall include on each report card a list	1406
of additional information collected by the department that is	1407
available regarding the district or building for which the report	1408
card is issued. When available, such additional information shall	1409
include student mobility data disaggregated by race and	1410
socioeconomic status, college enrollment data, and the reports	1411
prepared under section 3302.031 of the Revised Code.	1412

The department shall maintain a site on the world wide web.	1413
The report card shall include the address of the site and shall	1414
specify that such additional information is available to the	1415
public at that site. The department shall also provide a copy of	1416
each item on the list to the superintendent of each school	1417
district. The district superintendent shall provide a copy of any	1418
item on the list to anyone who requests it.	1419

(6)(a) This division does not apply to conversion community	1420
schools that primarily enroll students between sixteen and	1421
twenty-two years of age who dropped out of high school or are at	1422
risk of dropping out of high school due to poor attendance,	1423
disciplinary problems, or suspensions.	1424

For any city, local, exempted village, or joint vocational	1425
school district that sponsors a conversion community school under	1426
Chapter 3314. of the Revised Code, the department shall combine	1427
data regarding the academic performance of students enrolled in	1428
the community school with comparable data from the schools of the	1429
district for the purpose of calculating the performance of the	1430
district as a whole on the report card issued for the district	1431
under this section or section 3302.033 of the Revised Code.	1432

(b) Any city, local, exempted village, or joint vocational	1433
school district that leases a building to a community school	1434
located in the district or that enters into an agreement with a	1435
community school located in the district whereby the district and	1436
the school endorse each other's programs may elect to have data	1437
regarding the academic performance of students enrolled in the	1438
community school combined with comparable data from the schools of	1439
the district for the purpose of calculating the performance of the	1440
district as a whole on the district report card. Any district that	1441
so elects shall annually file a copy of the lease or agreement	1442
with the department.	1443

(7) The department shall include on each report card the	1444
percentage of teachers in the district or building who are highly	1445
qualified, as defined by the "No Child Left Behind Act of 2001,"	1446
and a comparison of that percentage with the percentages of such	1447
teachers in similar districts and buildings.	1448

(8) The department shall include on the report card the	1449
number of lead teachers employed by each district and each	1450
building once the data is available from the education management	1451
information system established under section 3301.0714 of the	1452
Revised Code.	1453

(D)(1) In calculating English language arts, mathematics,	1454
social studies, or science assessment passage rates used to	1455
determine school district or building performance under this	1456
section, the department shall include all students taking an	1457
assessment with accommodation or to whom an alternate assessment	1458
is administered pursuant to division (C)(1) or (3) of section	1459
3301.0711 of the Revised Code.	1460

(2) In calculating performance index scores, rates of	1461
achievement on the performance indicators established by the state	1462
board under section 3302.02 of the Revised Code, and adequate	1463
yearly progress for school districts and buildings under this	1464
section, the department shall do all of the following:	1465

(a) Include for each district or building only those students	1466
who are included in the ADM certified for the first full school	1467
week of October and are continuously enrolled in the district or	1468
building through the time of the spring administration of any	1469
assessment prescribed by division (A)(1) or (B)(1) of section	1470
3301.0710 of the Revised Code that is administered to the	1471
student's grade level;	1472

(b) Include cumulative totals from both the fall and spring	1473
administrations of the third grade English language arts	1474
achievement assessment;	1475

(c) Except as required by the "No Child Left Behind Act of	1476
2001" for the calculation of adequate yearly progress, exclude for	1477
each district or building any limited English proficient student	1478
who has been enrolled in United States schools for less than one	1479
full school year.	1480

Sec. 3302.032. (A) Not later than December 31, 2011, the	1481
state board of education shall establish a measure of the	1482
following:	1483

(1) Student success in meeting the benchmarks contained in	1484
the physical education standards adopted under division (A)(3) of	1485
section 3301.079 of the Revised Code;	1486

(2) Compliance with the requirements for local wellness	1487
policies prescribed by section 204 of the "Child Nutrition and WIC	1488
Reauthorization Act of 2004," 42 U.S.C. 1751 note;	1489

(3) Whether a school district or building ~~is complying with~~	1490
~~section~~has elected to administer the screenings authorized by	1491
sections 3313.674, 3314.15, and 3326.26 of the Revised Code	1492
~~instead of operating under a waiver from the requirements of that~~	1493
~~section~~;	1494

(4) Whether a school district or building is participating in	1495
the physical activity pilot program administered under section	1496
3313.6016 of the Revised Code.	1497

(B) The measure shall be included on the school district and	1498
building report cards issued under section 3302.03 of the Revised	1499
Code, beginning with the report cards issued for the 2012-2013	1500
school year, but it shall not be a factor in the performance	1501
ratings issued under that section.	1502

(C) The department of education may accept, receive, and	1503
expend gifts, devises, or bequests of money for the purpose of	1504
establishing the measure required by this section.	1505

Sec. 3302.033. The state board of education, in consultation	1506
with the chancellor of the Ohio board of regents, any office	1507
within the office of the governor concerning workforce	1508
development, the Ohio association of career and technical	1509
education, and the Ohio association of career technical	1510
superintendents, shall approve a report card for joint vocational	1511
school districts and for other career-technical planning districts	1512
that are not joint vocational school districts. The state board	1513
shall submit details of the approved report card to the governor,	1514
the speaker of the house of representatives, the president of the	1515
senate, and the chairpersons of the standing committees of the	1516
house of representatives and the senate principally responsible	1517
for education policy. The department of education annually shall	1518
issue a report card for each joint vocational school district and	1519
career-technical planning district, beginning with report cards	1520
for the 2012-2013 school year to be published not later than	1521
September 1, 2013.	1522

As used in this section, "career-technical planning district"	1523
means a school district or group of school districts designated by	1524
the department as being responsible for the planning for and	1525
provision of career-technical education services to students	1526
within the district or group.	1527

Sec. 3302.042. (A) This section shall operate as a pilot	1528
project that applies to any school that has been ranked according	1529
to performance index score under section 3302.21 of the Revised	1530
Code in the lowest five per cent of ~~all~~ public school buildings	1531
statewide for three or more consecutive school years and is	1532
operated by the Columbus city school district. The pilot project	1533
shall commence once the department of education establishes	1534
implementation guidelines for the pilot project in consultation	1535
with the Columbus city school district.	1536

(B) Except as provided in division (D), (E), or (F) of this	1537
section, if the parents or guardians of at least fifty per cent of	1538
the students enrolled in a school to which this section applies,	1539
or if the parents or guardians of at least fifty per cent of the	1540
total number of students enrolled in that school and the schools	1541
of lower grade levels whose students typically matriculate into	1542
that school, by the thirty-first day of December of any school	1543
year in which the school is subject to this section, sign and file	1544
with the school district treasurer a petition requesting the	1545
district board of education to implement one of the following	1546
reforms in the school, and if the validity and sufficiency of the	1547
petition is certified in accordance with division (C) of this	1548
section, the board shall implement the requested reform in the	1549
next school year:	1550

(1) Reopen the school as a community school under Chapter	1551
3314. of the Revised Code;	1552

(2) Replace at least seventy per cent of the school's	1553
personnel who are related to the school's poor academic	1554
performance or, at the request of the petitioners, retain not more	1555
than thirty per cent of the personnel;	1556

(3) Contract with another school district or a nonprofit or	1557
for-profit entity with a demonstrated record of effectiveness to	1558
operate the school;	1559

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

1560

(5) Any other major restructuring of the school that makes	1561
fundamental reforms in the school's staffing or governance.	1562

(C) Not later than thirty days after receipt of a petition	1563
under division (B) of this section, the district treasurer shall	1564
verify the validity and sufficiency of the signatures on the	1565
petition and certify to the district board whether the petition	1566
contains the necessary number of valid signatures to require the	1567
board to implement the reform requested by the petitioners. If the	1568
treasurer certifies to the district board that the petition does	1569
not contain the necessary number of valid signatures, any person	1570
who signed the petition may file an appeal with the county auditor	1571
within ten days after the certification. Not later than thirty	1572
days after the filing of an appeal, the county auditor shall	1573
conduct an independent verification of the validity and	1574
sufficiency of the signatures on the petition and certify to the	1575
district board whether the petition contains the necessary number	1576
of valid signatures to require the board to implement the	1577
requested reform. If the treasurer or county auditor certifies	1578
that the petition contains the necessary number of valid	1579
signatures, the district board shall notify the superintendent of	1580
public instruction and the state board of education of the	1581
certification.	1582

(D) The district board shall not implement the reform	1583
requested by the petitioners in any of the following	1584
circumstances:	1585

(1) The district board has determined that the request is for	1586
reasons other than improving student academic achievement or	1587
student safety.	1588

(2) The state superintendent has determined that	1589
implementation of the requested reform would not comply with the	1590
model of differentiated accountability described in section	1591
3302.041 of the Revised Code.	1592

(3) The petitioners have requested the district board to	1593
implement the reform described in division (B)(4) of this section	1594
and the department has not agreed to take over the school's	1595
operation.	1596

(4) When all of the following have occurred:

1597

(a) After a public hearing on the matter, the district board	1598
issued a written statement explaining the reasons that it is	1599
unable to implement the requested reform and agreeing to implement	1600
one of the other reforms described in division (B) of this	1601
section.	1602

(b) The district board submitted its written statement to the	1603
state superintendent and the state board along with evidence	1604
showing how the alternative reform the district board has agreed	1605
to implement will enable the school to improve its academic	1606
performance.	1607

(c) Both the state superintendent and the state board have	1608
approved implementation of the alternative reform.	1609

(E) If the provisions of this section conflict in any way	1610
with the requirements of federal law, federal law shall prevail	1611
over the provisions of this section.	1612

(F) If a school is restructured under this section, section	1613
3302.10 or 3302.12 of the Revised Code, or federal law, the school	1614
shall not be required to restructure again under state law for	1615
three consecutive years after the implementation of that prior	1616
restructuring.	1617

(G) Beginning not later than six months after the first	1618
petition under this section has been resolved, the department of	1619
education shall annually evaluate the pilot program and submit a	1620
report to the general assembly under section 101.68 of the Revised	1621
Code. Such reports shall contain its recommendations to the	1622
general assembly with respect to the continuation of the pilot	1623
program, its expansion to other school districts, or the enactment	1624
of further legislation establishing the program statewide under	1625
permanent law.	1626

Sec. 3302.12. (A) ~~For~~Except as provided in divisions (C)	1627
and (D) of this section, for any school building that is ranked	1628
according to performance index score under section 3302.21 of the	1629
Revised Code in the lowest five per cent of ~~all~~ public school	1630
buildings statewide for three consecutive years and is declared to	1631
be under an academic watch or in a state of academic emergency	1632
under section 3302.03 of the Revised Code, the district board of	1633
education shall do one of the following at the conclusion of the	1634
school year in which the building first becomes subject to this	1635
division:	1636

(1) Close the school and direct the district superintendent	1637
to reassign the students enrolled in the school to other school	1638
buildings that demonstrate higher academic achievement;	1639

(2) Contract with another school district or a nonprofit or	1640
for-profit entity with a demonstrated record of effectiveness to	1641
operate the school;	1642

(3) Replace the principal and all teaching staff of the	1643
school and, upon request from the new principal, exempt the school	1644
from all requested policies and regulations of the board regarding	1645
curriculum and instruction. The board also shall distribute	1646
funding to the school in an amount that is at least equal to the	1647
product of the per pupil amount of state and local revenues	1648
received by the district multiplied by the student population of	1649
the school.	1650

(4) Reopen the school as a conversion community school under	1651
Chapter 3314. of the Revised Code.	1652

(B) If an action taken by the board under division (A) of	1653
this section causes the district to no longer maintain all grades	1654
kindergarten through twelve, as required by section 3311.29 of the	1655
Revised Code, the board shall enter into a contract with another	1656
school district pursuant to section 3327.04 of the Revised Code	1657
for enrollment of students in the schools of that other district	1658
to the extent necessary to comply with the requirement of section	1659
3311.29 of the Revised Code. Notwithstanding any provision of the	1660
Revised Code to the contrary, if the board enters into and	1661
maintains a contract under section 3327.04 of the Revised Code,	1662
the district shall not be considered to have failed to comply with	1663
the requirement of section 3311.29 of the Revised Code. If,	1664
however, the district board fails to or is unable to enter into or	1665
maintain such a contract, the state board of education shall take	1666
all necessary actions to dissolve the district as provided in	1667
division (A) of section 3311.29 of the Revised Code.	1668

(C) If a particular school is required to restructure under	1669
this section and a petition with respect to that same school has	1670
been filed and verified under divisions (B) and (C) of section	1671
3302.042 of the Revised Code, the provisions of that section and	1672
the petition filed and verified under it shall prevail over the	1673
provisions of this section and the school shall be restructured	1674
under that section. However, if division (D)(1), (2), or (3) of	1675
section 3302.042 of the Revised Code also applies to the school,	1676
the school shall be subject to restructuring under this section	1677
and not section 3302.042 of the Revised Code.	1678

If the provisions of this section conflict in any way with	1679
the requirements of federal law, federal law shall prevail over	1680
the provisions of this section.	1681

(D) If a school is restructured under this section, section	1682
3302.042 or 3302.10 of the Revised Code, or federal law, the	1683
school shall not be required to restructure again under state law	1684
for three consecutive years after the implementation of that prior	1685
restructuring.	1686

Sec. 3302.20. (A) The department of education shall develop	1687
standards for determining, from the existing data reported in	1688
accordance with sections 3301.0714 and 3314.17 of the Revised	1689
Code, the amount of annual operating expenditures for classroom	1690
instructional purposes and for nonclassroom purposes for each	1691
city, exempted village, local, and joint vocational school	1692
district, each community school established under Chapter 3314.	1693
that is not an internet- or computer-based community school, each	1694
internet- or computer-based community school, and each STEM school	1695
established under Chapter 3326. of the Revised Code. ~~Not later~~	1696
~~than January 1, 2012, the~~The department shall present those	1697
standards to the state board of education for consideration. In	1698
developing the standards, the department shall adapt existing	1699
standards used by professional organizations, research	1700
organizations, and other state governments. The department also	1701
shall align the expenditure categories required for reporting	1702
under the standards with the categories that are required for	1703
reporting to the United States department of education under	1704
federal law.	1705

The state board shall consider the proposed standards and	1706
adopt a final set of standards not later than December 31, 2012.	1707
School districts, community schools, and STEM schools shall begin	1708
reporting data in accordance with the standards on July 1, ~~2012~~	1709
2013.	1710

(B)(1) The department shall categorize all city, exempted	1711
village, and local school districts into not less than three nor	1712
more than five groups based primarily on average daily student	1713
enrollment as reported on the most recent report card issued for	1714
each district under section 3302.03 of the Revised Code.	1715

(2) The department shall categorize all joint vocational	1716
school districts into not less than three nor more than five	1717
groups based primarily on average daily membership as reported	1718
under division (D) of section 3317.03 of the Revised Code rounded	1719
to the nearest whole number.	1720

(3) The department shall categorize all community schools	1721
that are not internet- or computer-based community schools into	1722
not less than three nor more than five groups based primarily on	1723
average daily student enrollment as reported on the most recent	1724
report card issued for each community school under sections	1725
3302.03 and 3314.012 of the Revised Code or, in the case of a	1726
school to which section 3314.017 of the Revised Code applies, on	1727
the total number of students reported under divisions (B)(2)(a)	1728
and (b) of section 3314.08 of the Revised Code.	1729

(4) The department shall categorize all internet- or	1730
computer-based community schools into a single category.	1731

(5) The department shall categorize all STEM schools into a	1732
single category.	1733

(C) Using the standards adopted under division (A) of this	1734
section and the data reported under sections 3301.0714 and 3314.17	1735
of the Revised Code, the department shall compute~~, for fiscal~~	1736
~~years 2008 through 2012, and~~ annually for each fiscal year	1737
~~thereafter~~, the following:	1738

(1) The percentage of each district's, community school's, or	1739
STEM school's total operating budget spent for classroom	1740
instructional purposes;	1741

(2) The statewide average percentage for all districts,	1742
community schools, and STEM schools combined spent for classroom	1743
instructional purposes;	1744

(3) The average percentage for each of the categories of	1745
districts and schools established under division (B) of this	1746
section spent for classroom instructional purposes;	1747

(4) The ranking of each district, community school, or STEM	1748
school within its respective category established under division	1749
(B) of this section according to the following:	1750

(a) From highest to lowest percentage spent for classroom	1751
instructional purposes;	1752

(b) From lowest to highest percentage spent for	1753
noninstructional purposes.	1754

(D) In its display of rankings within each category under	1755
division (C)(4) of this section, the department shall make the	1756
following notations:	1757

(1) Within each category of city, exempted village, and local	1758
school districts, the department shall denote each district that	1759
is:	1760

(a) Among the twenty per cent of all city, exempted village,	1761
and local school districts statewide with the lowest total	1762
operating expenditures per pupil;	1763

(b) Among the twenty per cent of all city, exempted village,	1764
and local school districts statewide with the highest performance	1765
index scores.	1766

(2) Within each category of joint vocational school	1767
districts, the department shall denote each district that is:	1768

(a) Among the twenty per cent of all joint vocational school	1769
districts statewide with the lowest total operating expenditures	1770
per pupil;	1771

(b) Among the twenty per cent of all joint vocational school	1772
districts statewide with the highest ~~performance measures required~~	1773
~~for career-technical education under 20 U.S.C. 2323, as ranked~~	1774
report card scores under ~~division (A)(3) of~~ section ~~3302.21~~	1775
3302.033 of the Revised Code.	1776

(3) Within each category of community schools that are not	1777
internet- or computer-based community schools, the department	1778
shall denote each school that is:	1779

(a) Among the twenty per cent of all such community schools	1780
statewide with the lowest total operating expenditures per pupil;	1781

(b) Among the twenty per cent of all such community schools	1782
statewide with the highest performance index scores, excluding	1783
such community schools to which section 3314.017 of the Revised	1784
Code applies.	1785

(4) Within the category of internet- or computer-based	1786
community schools, the department shall denote each school that	1787
is:	1788

(a) Among the twenty per cent of all such community schools	1789
statewide with the lowest total operating expenditures per pupil;	1790

(b) Among the twenty per cent of all such community schools	1791
statewide with the highest performance index scores, excluding	1792
such community schools to which section 3314.017 of the Revised	1793
Code applies.	1794

(5) Within the category of STEM schools, the department shall	1795
denote each school that is:	1796

(a) Among the twenty per cent of all STEM schools statewide	1797
with the lowest total operating expenditures per pupil;	1798

(b) Among the twenty per cent of all STEM schools statewide	1799
with the highest performance index scores.	1800

For purposes of divisions (D)(3)(b) and (4)(b) of this	1801
section, the display shall note that, in accordance with section	1802
3314.017 of the Revised Code, a performance index score is not	1803
reported for some community schools that serve primarily students	1804
enrolled in dropout prevention and recovery programs or primarily	1805
students with disabilities.	1806

(E) The department shall post in a prominent location on its	1807
web site the information prescribed by divisions (C) and (D) of	1808
this section. The department also shall include on each	1809
district's, community school's, and STEM school's annual report	1810
card issued under section 3302.03 or 3314.017 of the Revised Code	1811
the respective information computed for the district or school	1812
under divisions (C)(1) and (4) of this section, the statewide	1813
information computed under division (C)(2) of this section, and	1814
the information computed for the district's or school's category	1815
under division (C)(3) of this section.	1816

(F) As used in this section:

1817

(1) "Internet- or computer-based community school" has the	1818
same meaning as in section 3314.02 of the Revised Code.	1819

(2) A school district's, community school's, or STEM school's	1820
performance index score rank is its performance index score rank	1821
as computed under section 3302.21 of the Revised Code.	1822

Sec. 3302.21. (A) The department of education shall develop	1823
a system to rank order all city, exempted village, and local~~, and~~	1824
~~joint vocational~~ school districts, community schools established	1825
under Chapter 3314., except those community schools to which	1826
section 3314.017 applies, and STEM schools established under	1827
Chapter 3326. of the Revised Code according to the following	1828
measures:	1829

(1) Performance index score for each school district,	1830
community school, and STEM school and for each separate building	1831
of a district, community school, or STEM school. For districts,	1832
schools, or buildings to which the performance index score does	1833
not apply, the superintendent of public instruction shall develop	1834
another measure of student academic performance and use that	1835
measure to include those buildings in the ranking so that all	1836
districts, schools, and buildings may be reliably compared to each	1837
other.	1838

(2) Student performance growth from year to year, using the	1839
value-added progress dimension, if applicable, and other measures	1840
of student performance growth designated by the superintendent of	1841
public instruction for subjects and grades not covered by the	1842
value-added progress dimension;	1843

(3) ~~Performance measures required for career-technical~~	1844
~~education under 20 U.S.C. 2323, if applicable. If a school~~	1845
~~district is a "VEPD" or "lead district" as those terms are defined~~	1846
~~in section 3317.023 of the Revised Code, the district's ranking~~	1847
~~shall be based on the performance of career-technical students~~	1848
~~from that district and all other districts served by that~~	1849
~~district, and such fact, including the identity of the other~~	1850
~~districts served by that district, shall be noted on the report~~	1851
~~required by division (B) of this section.~~	1852

~~(4)~~ Current operating expenditures per pupil as determined	1853
under standards adopted by the state board of education under	1854
section 3302.20 of the Revised Code;	1855

~~(5)~~(4) Of total current operating expenditures, percentage	1856
spent for classroom instruction as determined under standards	1857
adopted by the state board ~~of education~~under section 3302.20 of	1858
the Revised Code;	1859

~~(6)~~(5) Performance of, and opportunities provided to,	1860
students identified as gifted using value-added progress	1861
dimensions, if applicable, and other relevant measures as	1862
designated by the superintendent of public instruction.	1863

The department shall rank each district, each community	1864
school except a community school to which section 3314.017 of the	1865
Revised Code applies, and each STEM school annually in accordance	1866
with the system developed under this section.	1867

(B) In addition to the reports required by sections 3302.03	1868
and 3302.031 of the Revised Code, not later than the first day of	1869
September each year, the department shall issue a report for each	1870
city, exempted village, and local~~, and joint vocational~~ school	1871
district, each community school except a community school to which	1872
section 3314.017 of the Revised Code applies, and each STEM school	1873
indicating the district's or school's rank on each measure	1874
described in divisions (A)(1) to ~~(5)~~(4) of this section, including	1875
each separate building's rank among all public school buildings	1876
according to performance index score under division (A)(1) of this	1877
section.	1878

Sec. 3302.25. (A) In accordance with standards prescribed by	1879
the state board of education for categorization of school district	1880
expenditures adopted under division (A) of section 3302.20 of the	1881
Revised Code, the department of education annually shall determine	1882
all of the following for the previous fiscal year:	1883

(1) For each school district, the ratio of the district's	1884
operating expenditures for classroom instructional purposes	1885
compared to its operating expenditures for ~~administrative~~	1886
nonclassroom purposes;	1887

(2) For each school district, the per pupil amount of the	1888
district's expenditures for classroom instructional purposes;	1889

(3) For each school district, the per pupil amount of the	1890
district's operating expenditures for ~~administrative~~nonclassroom	1891
purposes;	1892

(4) For each school district, the percentage of the	1893
district's operating expenditures attributable to school district	1894
funds;	1895

(5) The statewide average among all school districts for each	1896
of the items described in divisions (A)(1) to (4) of this section.	1897

(B) The department annually shall submit a report to each	1898
school district indicating the district's information for each of	1899
the items described in divisions (A)(1) to (4) of this section and	1900
the statewide averages described in division (A)(5) of this	1901
section.	1902

(C) Each school district, upon receipt of the report	1903
prescribed by division (B) of this section, shall publish the	1904
information contained in that report in a prominent location on	1905
the district's web site and publish the report in another fashion	1906
so that it is available to all parents of students enrolled in the	1907
district and to taxpayers of the district.	1908

Sec. 3302.41. As used in this section, "blended learning"	1909
has the same meaning as in section 3301.079 of the Revised Code.	1910

(A) Any local, city, exempted village, or joint vocational	1911
school district, community school established under Chapter 3314.	1912
of the Revised Code, STEM school established under Chapter 3326.	1913
of the Revised Code, college-preparatory boarding school	1914
established under Chapter 3328. of the Revised Code, or chartered	1915
nonpublic school may operate all or part of a school using a	1916
blended learning model. If a school is operated using a blended	1917
learning model or is to cease operating using a blended learning	1918
model, the superintendent of the school or district or director of	1919
the school shall notify the department of education of that fact	1920
not later than the first day of July of the school year for which	1921
the change is effective. If any school is already operated using a	1922
blended learning model on the effective date of this section, the	1923
superintendent of the school or district may notify the department	1924
within ninety days after the effective date of this section of	1925
that fact and request that the school be classified as a blended	1926
learning school.	1927

(B) The state board of education shall revise any operating	1928
standards for school districts and chartered nonpublic schools	1929
adopted under section 3301.07 of the Revised Code to include	1930
standards for the operation of blended learning under this	1931
section. The blended learning operation standards shall provide	1932
for all of the following:	1933

(1) Exemption from student-to-teacher ratios for traditional	1934
classrooms;	1935

(2) The extent to which the school is or is not obligated to	1936
provide students with access to digital learning tools;	1937

(3) The ability of all students, at any grade level, to earn	1938
credits or advance grade levels upon demonstrating mastery of	1939
knowledge or skills through competency-based learning models.	1940
Credits or grade level advancement shall not be based on a minimum	1941
number of days or hours in a classroom.	1942

(4) An exemption from minimum school year or school day	1943
requirements in sections 3313.48 and 3313.481 of the Revised Code;	1944

(5) Adequate provisions and exemptions for: the licensing of	1945
teachers, administrators, and other professional personnel and	1946
their assignment according to training and qualifications and in	1947
support of differentiated and distributed staffing; efficient and	1948
effective instructional materials and equipment, including library	1949
facilities; the proper organization, administration, and	1950
supervision of each school, including regulations for preparing	1951
all necessary records and reports and the preparation of a	1952
statement of policies and objectives for each school; buildings,	1953
grounds, and health and sanitary facilities and services;	1954
admission of pupils, and such requirements for their promotion	1955
from grade to grade as will ensure that they are capable and	1956
prepared for the level of study to which they are certified;	1957
requirements for graduation; and such other factors as the board	1958
finds necessary.	1959

(C) An internet- or computer-based community school, as	1960
defined in section 3314.02 of the Revised Code, is not a blended	1961
learning school authorized under this section. Nor does this	1962
section affect any provisions for the operation of and payments to	1963
an internet- or computer-based community school prescribed in	1964
Chapter 3314. of the Revised Code.	1965

Sec. 3310.01. As used in sections 3310.01 to 3310.17 of the	1966
Revised Code:	1967

(A) "Approved nonpublic school" means a nonpublic school that	1968
meets both of the following conditions:	1969

(1) The school is in the process of becoming a chartered	1970
nonpublic school and has received a letter of preliminary approval	1971
to operate from the department of education within the previous	1972
three years.	1973

(2) Not later than the first day of April prior to the school	1974
year for which the school intends to begin enrolling eligible	1975
students, the school files with the superintendent of public	1976
instruction one of the following:	1977

(a) A surety bond payable to the state or a letter of credit	1978
with the state as the beneficiary in an amount equal to one-half	1979
of the amount of the educational choice scholarship funds expected	1980
to be received during a school year, as determined by the state	1981
superintendent;	1982

(b) A guarantee in the amount of one million dollars from a	1983
person or organization with a net worth of at least five million	1984
dollars which shall be demonstrated to the satisfaction of the	1985
auditor of state.	1986

(B) "Chartered nonpublic school" means a nonpublic school	1987
that holds a valid charter issued by the state board of education	1988
under section 3301.16 of the Revised Code and meets the standards	1989
established for such schools in rules adopted by the state board.	1990

~~(B)~~(C) An "eligible student" is a student who satisfies the	1991
conditions specified in section 3310.03 of the Revised Code.	1992

~~(C)~~(D) "Parent" has the same meaning as in section 3313.98 of	1993
the Revised Code.	1994

~~(D)~~(E) "Resident district" means the school district in which	1995
a student is entitled to attend school under section 3313.64 or	1996
3313.65 of the Revised Code.	1997

~~(E)~~(F) "School year" has the same meaning as in section	1998
3313.62 of the Revised Code.	1999

Sec. 3310.02. (A) The educational choice scholarship pilot	2000
program is hereby established. Under the program, the department	2001
of education annually shall pay scholarships to attend chartered	2002
or approved nonpublic schools in accordance with section 3310.08	2003
of the Revised Code for up to the following number of eligible	2004
students:	2005

(1) Thirty thousand in the 2011-2012 school year;

2006

(2) Sixty thousand in the 2012-2013 school year and	2007
thereafter.	2008

(B) If the number of students who apply for a scholarship	2009
exceeds the number of scholarships available under division (A) of	2010
this section for the applicable school year, the department shall	2011
award scholarships in the following order of priority:	2012

(1) First, to eligible students who received scholarships in	2013
the prior school year;	2014

(2) Second, to eligible students with family incomes at or	2015
below two hundred per cent of the federal poverty guidelines, as	2016
defined in section 5101.46 of the Revised Code, who qualify under	2017
division (A) of section 3310.03 of the Revised Code. If the number	2018
of students described in division (B)(2) of this section who apply	2019
for a scholarship exceeds the number of available scholarships	2020
after awards are made under division (B)(1) of this section, the	2021
department shall select students described in division (B)(2) of	2022
this section by lot to receive any remaining scholarships.	2023

(3) Third, to other eligible students who qualify under	2024
division (A) of section 3310.03 of the Revised Code. If the number	2025
of students described in division (B)(3) of this section who apply	2026
for a scholarship exceeds the number of available scholarships	2027
after awards are made under divisions (B)(1) and (2) of this	2028
section, the department shall select students described in	2029
division (B)(3) of this section by lot to receive any remaining	2030
scholarships.	2031

(4) Fourth, to eligible students with family incomes at or	2032
below two hundred per cent of the federal poverty guidelines who	2033
qualify under division (B) of section 3310.03 of the Revised Code.	2034
If the number of students described in division (B)(4) of this	2035
section who apply for a scholarship exceeds the number of	2036
available scholarships after awards are made under divisions	2037
(B)(1) to (3) of this section, the department shall select	2038
students described in division (B)(4) of this section by lot to	2039
receive any remaining scholarships.	2040

(5) Fifth, to other eligible students who qualify under	2041
division (B) of section 3310.03 of the Revised Code. If the number	2042
of students described in division (B)(5) of this section who apply	2043
for a scholarship exceeds the number of available scholarships	2044
after awards are made under divisions (B)(1) to (4) of this	2045
section, the department shall select students described in	2046
division (B)(5) of this section by lot to receive any remaining	2047
scholarships.	2048

Sec. 3310.03. A student is an "eligible student" for	2049
purposes of the educational choice scholarship pilot program if	2050
the student's resident district is not a school district in which	2051
the pilot project scholarship program is operating under sections	2052
3313.974 to 3313.979 of the Revised Code and the student satisfies	2053
one of the conditions in division (A) or, (B), or (C) of this	2054
section:	2055

(A)(1) The student is enrolled in a school building that is	2056
operated by the student's resident district and to which both of	2057
the following apply:	2058

(a) The building was declared, in at least two of the three	2059
most recent ratings of school buildings published prior to the	2060
first day of July of the school year for which a scholarship is	2061
sought, to be in a state of academic emergency or academic watch	2062
under section 3302.03 of the Revised Code;	2063

(b) The building was not declared to be excellent or	2064
effective under that section in the most recent rating published	2065
prior to the first day of July of the school year for which a	2066
scholarship is sought.	2067

(2) The student ~~is eligible to enroll in kindergarten~~will be	2068
enrolling in school in this state for the first time in the school	2069
year for which a scholarship is sought and otherwise would be	2070
assigned under section 3319.01 of the Revised Code to a school	2071
building described in division (A)(1) of this section.	2072

(3) The student is enrolled in a community school established	2073
under Chapter 3314. of the Revised Code but otherwise would be	2074
assigned under section 3319.01 of the Revised Code to a building	2075
described in division (A)(1) of this section.	2076

(4) The student is enrolled in a school building that is	2077
operated by the student's resident district or in a community	2078
school established under Chapter 3314. of the Revised Code and	2079
otherwise would be assigned under section 3319.01 of the Revised	2080
Code to a school building described in division (A)(1) of this	2081
section in the school year for which the scholarship is sought.	2082

(5) The student ~~is eligible to enroll in kindergarten~~will be	2083
enrolling in school in this state for the first time in the school	2084
year for which a scholarship is sought, or is enrolled in a	2085
community school established under Chapter 3314. of the Revised	2086
Code, and all of the following apply to the student's resident	2087
district:	2088

(a) The district has in force an intradistrict open	2089
enrollment policy under which no student in ~~kindergarten or~~ the	2090
~~community school~~ student's grade level~~, respectively,~~ is	2091
automatically assigned to a particular school building;	2092

(b) In at least two of the three most recent ratings of	2093
school districts published prior to the first day of July of the	2094
school year for which a scholarship is sought, the district was	2095
declared to be in a state of academic emergency under section	2096
3302.03 of the Revised Code;	2097

(c) The district was not declared to be excellent or	2098
effective under that section in the most recent rating published	2099
prior to the first day of July of the school year for which a	2100
scholarship is sought.	2101

(B)(1) The student is enrolled in a school building that is	2102
operated by the student's resident district and to which both of	2103
the following apply:	2104

(a) The building was ranked, for at least two of the three	2105
most recent rankings published under section 3302.21 of the	2106
Revised Code prior to the first day of July of the school year for	2107
which a scholarship is sought, in the lowest ten per cent of all	2108
public school buildings according to performance index score under	2109
section 3302.21 of the Revised Code.	2110

(b) The building was not declared to be excellent or	2111
effective under section 3302.03 of the Revised Code in the most	2112
recent rating published prior to the first day of July of the	2113
school year for which a scholarship is sought.	2114

(2) The student ~~is eligible to enroll in kindergarten~~will be	2115
enrolling in school in this state for the first time in the school	2116
year for which a scholarship is sought and otherwise would be	2117
assigned under section 3319.01 of the Revised Code to a school	2118
building described in division (B)(1) of this section.	2119

(3) The student is enrolled in a community school established	2120
under Chapter 3314. of the Revised Code but otherwise would be	2121
assigned under section 3319.01 of the Revised Code to a building	2122
described in division (B)(1) of this section.	2123

(4) The student is enrolled in a school building that is	2124
operated by the student's resident district or in a community	2125
school established under Chapter 3314. of the Revised Code and	2126
otherwise would be assigned under section 3319.01 of the Revised	2127
Code to a school building described in division (B)(1) of this	2128
section in the school year for which the scholarship is sought.	2129

(C) The student is enrolled in a nonpublic school at the time	2130
the school is granted a charter by the state board of education	2131
under section 3301.16 of the Revised Code and the student meets	2132
the standards of division (B) of section 3302.031 of the Revised	2133
Code.	2134

(D) A student who receives a scholarship under the	2135
educational choice scholarship pilot program remains an eligible	2136
student and may continue to receive scholarships in subsequent	2137
school years until the student completes grade twelve, so long as	2138
all of the following apply:	2139

(1) The student's resident district remains the same, or the	2140
student transfers to a new resident district and otherwise would	2141
be assigned in the new resident district to a school building	2142
described in division (A)(1) or (B)(1) of this section;	2143

(2) The student takes each assessment prescribed for the	2144
student's grade level under section 3301.0710 or 3301.0712 of the	2145
Revised Code while enrolled in a chartered or approved nonpublic	2146
school;	2147

(3) In each school year that the student is enrolled in a	2148
chartered or approved nonpublic school, the student is absent from	2149
school for not more than twenty days that the school is open for	2150
instruction, not including excused absences.	2151

~~(D)~~(E)(1) The department shall cease awarding first-time	2152
scholarships pursuant to divisions (A)(1) to (4) of this section	2153
with respect to a school building that, in the most recent ratings	2154
of school buildings published under section 3302.03 of the Revised	2155
Code prior to the first day of July of the school year, ceases to	2156
meet the criteria in division (A)(1) of this section. The	2157
department shall cease awarding first-time scholarships pursuant	2158
to division (A)(5) of this section with respect to a school	2159
district that, in the most recent ratings of school districts	2160
published under section 3302.03 of the Revised Code prior to the	2161
first day of July of the school year, ceases to meet the criteria	2162
in division (A)(5) of this section.	2163

(2) The department shall cease awarding first-time	2164
scholarships pursuant to divisions (B)(1) to (4) of this section	2165
with respect to a school building that, in the most recent ratings	2166
of school buildings under section 3302.03 of the Revised Code	2167
prior to the first day of July of the school year, ceases to meet	2168
the criteria in division (B)(1) of this section.	2169

(3) However, students who have received scholarships in the	2170
prior school year remain eligible students pursuant to division	2171
~~(C)~~(D) of this section.	2172

~~(E)~~(F) The state board of education shall adopt rules	2173
defining excused absences for purposes of division ~~(C)~~(D)(3) of	2174
this section.	2175

Sec. 3310.031. (A) The state board of education shall adopt	2176
rules under section 3310.17 of the Revised Code establishing	2177
procedures for granting educational choice scholarships to	2178
eligible students attending a nonpublic school at the time the	2179
state board grants the school a charter under section 3301.16 of	2180
the Revised Code. The procedures shall include at least the	2181
following:	2182

(1) Provisions for extending the application period for	2183
scholarships for the following school year, if necessary due to	2184
the timing of the award of the nonpublic school's charter, in	2185
order for students enrolled in the school at the time the charter	2186
is granted to apply for scholarships for the following school	2187
year;	2188

(2) Provisions for notifying the resident districts of the	2189
nonpublic school's students that the nonpublic school has been	2190
granted a charter and that educational choice scholarships may be	2191
awarded to the school's students for the following school year.	2192

(B) A student who is enrolled in a nonpublic school at the	2193
time the school's charter is granted is an eligible student if any	2194
of the following applies:	2195

(1) At the end of the last school year before the student	2196
enrolled in the nonpublic school, the student was enrolled in a	2197
school building operated by the student's resident district or in	2198
a community school established under Chapter 3314. of the Revised	2199
Code and, for the current or following school year, the student	2200
otherwise would be assigned under section 3319.01 of the Revised	2201
Code to a school building described in division (A)(1) or (B)(1)	2202
of section 3310.03 of the Revised Code.	2203

(2) The student was not enrolled in any public or other	2204
nonpublic school before the student enrolled in the nonpublic	2205
school and, for the current or following school year, otherwise	2206
would be assigned under section 3319.01 of the Revised Code to a	2207
school building described in division (A)(1) or (B)(1) of section	2208
3310.03 of the Revised Code.	2209

(3) At the end of the last school year before the student	2210
enrolled in the nonpublic school, the student was enrolled in a	2211
school building operated by the student's resident district and,	2212
during that school year, the building met the conditions described	2213
in division (A)(1) or (B)(1) of section 3310.03 of the Revised	2214
Code.	2215

(4) At the end of the last school year before the student	2216
enrolled in the nonpublic school, the student was enrolled in a	2217
community school established under Chapter 3314. of the Revised	2218
Code but otherwise would have been assigned under section 3319.01	2219
of the Revised Code to a school building that, during that school	2220
year, met the conditions described in division (A)(1) or (B)(1) of	2221
section 3310.03 of the Revised Code.	2222

Sec. 3310.04. Any eligible student who is enrolled in a	2223
chartered or approved nonpublic school and for whom a scholarship	2224
under the educational choice scholarship pilot program has been	2225
awarded shall be entitled to transportation to and from the	2226
chartered or approved nonpublic school by the student's resident	2227
district in the manner prescribed in section 3327.01 of the	2228
Revised Code.	2229

Sec. 3310.06. It is the policy adopted by the general	2230
assembly that the educational choice scholarship pilot program	2231
shall be construed as one of several educational options available	2232
for students enrolled in academic emergency or academic watch	2233
school buildings. Students may be enrolled in the schools of the	2234
student's resident district, in a community school established	2235
under Chapter 3314. of the Revised Code, in the schools of another	2236
school district pursuant to an open enrollment policy adopted	2237
under section 3313.98 of the Revised Code, in a chartered or	2238
approved nonpublic school with or without a scholarship under the	2239
educational choice scholarship pilot program, or in other schools	2240
as the law may provide.	2241

Sec. 3310.07. Any parent, or any student who is at least	2242
eighteen years of age, who is seeking a scholarship under the	2243
educational choice scholarship pilot program shall notify the	2244
department of education of the student's and parent's names and	2245
address, the chartered or approved nonpublic school in which the	2246
student has been accepted for enrollment, and the tuition charged	2247
by the school.	2248

Sec. 3310.08. (A) The amount paid for an eligible student	2249
under the educational choice scholarship pilot program shall be	2250
the lesser of the tuition of the chartered or approved nonpublic	2251
school in which the student is enrolled or the maximum amount	2252
prescribed in section 3310.09 of the Revised Code.	2253

(B)(1) The department of education shall pay to the parent of	2254
each eligible student for whom a scholarship is awarded under the	2255
program, or to the student if at least eighteen years of age,	2256
periodic partial payments of the scholarship.	2257

(2) The department shall proportionately reduce or terminate	2258
the payments for any student who withdraws from a chartered or	2259
approved nonpublic school prior to the end of the school year.	2260

(C)(1) The department shall deduct from the payments made to	2261
each school district under Chapter 3317., and if necessary,	2262
sections 321.24 and 323.156 of the Revised Code, the amount paid	2263
under division (B) of this section for each eligible student	2264
awarded a scholarship under the program who is entitled under	2265
section 3313.64 or 3313.65 of the Revised Code to attend school in	2266
the district. In the case of a student entitled to attend school	2267
in a school district under division (B)(2)(a) of section 3313.64	2268
or division (C) of section 3313.65 of the Revised Code, the	2269
department shall deduct the payments from the school district that	2270
includes the student in its average daily membership as reported	2271
to the department under section 3317.03 of the Revised Code, as	2272
determined by the department.	2273

(2) If the department reduces or terminates payments to a	2274
parent or a student, as prescribed in division (B)(2) of this	2275
section, and the student enrolls in the schools of the student's	2276
resident district or in a community school, established under	2277
Chapter 3314. of the Revised Code, before the end of the school	2278
year, the department shall proportionally restore to the resident	2279
district the amount deducted for that student under division	2280
(C)(1) of this section.	2281

Sec. 3310.10. A scholarship awarded under section 3310.08 of	2282
the Revised Code may be used only to pay tuition to any chartered	2283
or approved nonpublic school.	2284

Sec. 3310.11. (A) Only for the purpose of administering the	2285
educational choice scholarship pilot program, the department of	2286
education may request from any of the following entities the data	2287
verification code assigned under division (D)(2) of section	2288
3301.0714 of the Revised Code to any student who is seeking a	2289
scholarship under the program:	2290

(1) The student's resident district;

2291

(2) If applicable, the community school in which that student	2292
is enrolled;	2293

(3) The independent contractor engaged to create and maintain	2294
student data verification codes.	2295

(B) Upon a request by the department under division (A) of	2296
this section for the data verification code of a student seeking a	2297
scholarship or a request by the student's parent for that code,	2298
the school district or community school shall submit that code to	2299
the department or parent in the manner specified by the	2300
department. If the student has not been assigned a code, because	2301
the student will be entering kindergarten during the school year	2302
for which the scholarship is sought, the district shall assign a	2303
code to that student and submit the code to the department or	2304
parent by a date specified by the department. If the district does	2305
not assign a code to the student by the specified date, the	2306
department shall assign a code to that student.	2307

The department annually shall submit to each school district	2308
the name and data verification code of each student residing in	2309
the district who is entering kindergarten, who has been awarded a	2310
scholarship under the program, and for whom the department has	2311
assigned a code under this division.	2312

(C) For the purpose of administering the applicable	2313
assessments prescribed under sections 3301.0710 and 3301.0712 of	2314
the Revised Code, as required by section 3310.14 of the Revised	2315
Code, the department shall provide to each chartered or approved	2316
nonpublic school that enrolls a scholarship student the data	2317
verification code for that student.	2318

(D) The department and each chartered or approved nonpublic	2319
school that receives a data verification code under this section	2320
shall not release that code to any person except as provided by	2321
law.	2322

Any document relative to this program that the department	2323
holds in its files that contains both a student's name or other	2324
personally identifiable information and the student's data	2325
verification code shall not be a public record under section	2326
149.43 of the Revised Code.	2327

Sec. 3310.13. (A) No chartered or approved nonpublic school	2328
shall charge any student whose family income is at or below two	2329
hundred per cent of the federal poverty guidelines, as defined in	2330
section 5101.46 of the Revised Code, a tuition fee that is greater	2331
than the total amount paid for that student under section 3310.08	2332
of the Revised Code.	2333

(B) A chartered or approved nonpublic school may charge any	2334
other student who is paid a scholarship under that section the	2335
difference between the amount of the scholarship and the regular	2336
tuition charge of the school. Each chartered or approved nonpublic	2337
school shall permit such an eligible student's family, at the	2338
family's option, to provide volunteer services in lieu of cash	2339
payment to pay all or part of the amount of the school's tuition	2340
not covered by the scholarship paid under section 3310.08 of the	2341
Revised Code.	2342

Sec. 3310.14. Notwithstanding division (K) of section	2343
3301.0711 of the Revised Code, each chartered or approved	2344
nonpublic school that enrolls students awarded scholarships under	2345
sections 3310.01 to 3310.17 of the Revised Code annually shall	2346
administer the assessments prescribed by section 3301.0710 or	2347
3301.0712 of the Revised Code to each scholarship student enrolled	2348
in the school in accordance with section 3301.0711 of the Revised	2349
Code. Each chartered or approved nonpublic school shall report to	2350
the department of education the results of each assessment	2351
administered to each scholarship student under this section.	2352

Nothing in this section requires a chartered or approved	2353
nonpublic school to administer any achievement assessment, except	2354
for an Ohio graduation test prescribed by division (B)(1) of	2355
section 3301.0710 of the Revised Code, as required by section	2356
3313.612 of the Revised Code, to any student enrolled in the	2357
school who is not a scholarship student.	2358

Sec. 3310.15. (A) The department of education annually shall	2359
compile the scores attained by scholarship students to whom an	2360
assessment is administered under section 3310.14 of the Revised	2361
Code. The scores shall be aggregated as follows:	2362

(1) By state, which shall include all students awarded a	2363
scholarship under the educational choice scholarship pilot program	2364
and who were required to take an assessment under section 3310.14	2365
of the Revised Code;	2366

(2) By school district, which shall include all scholarship	2367
students who were required to take an assessment under section	2368
3310.14 of the Revised Code and for whom the district is the	2369
student's resident district;	2370

(3) By chartered or approved nonpublic school, which shall	2371
include all scholarship students enrolled in that school who were	2372
required to take an assessment under section 3310.14 of the	2373
Revised Code.	2374

(B) The department shall disaggregate the student performance	2375
data described in division (A) of this section according to the	2376
following categories:	2377

(1) ~~Age~~Grade level;

2378

(2) Race and ethnicity;

2379

(3) Gender;

2380

(4) Students who have participated in the scholarship program	2381
for three or more years;	2382

(5) Students who have participated in the scholarship program	2383
for more than one year and less than three years;	2384

(6) Students who have participated in the scholarship program	2385
for one year or less;	2386

(7) Economically disadvantaged students.

2387

(C) The department shall post the student performance data	2388
required under divisions (A) and (B) of this section on its web	2389
site and, by the first day of February each year, shall distribute	2390
that data to the parent of each eligible student. In reporting	2391
student performance data under this division, the department shall	2392
not include any data that is statistically unreliable or that	2393
could result in the identification of individual students. For	2394
this purpose, the department shall not report performance data for	2395
any group that contains less than ten students.	2396

(D) The department shall provide the parent of each	2397
scholarship student with information comparing the student's	2398
performance on the assessments administered under section 3310.14	2399
of the Revised Code with the average performance of similar	2400
students enrolled in the building operated by the student's	2401
resident district that the scholarship student would otherwise	2402
attend. In calculating the performance of similar students, the	2403
department shall consider age, grade, race and ethnicity, gender,	2404
and socioeconomic status.	2405

Sec. 3310.17. (A) The state board of education shall adopt	2406
rules in accordance with Chapter 119. of the Revised Code	2407
prescribing procedures for the administration of the educational	2408
choice scholarship pilot program.	2409

(B) The state board and the department of education shall not	2410
require chartered or approved nonpublic schools to comply with any	2411
education laws or rules or other requirements that are not	2412
specified in sections 3310.01 to 3310.17 of the Revised Code or in	2413
rules necessary for the administration of the program, adopted	2414
under division (A) of this section, and that otherwise would not	2415
apply to a chartered or approved nonpublic school.	2416

Sec. 3313.37. (A)(1) The board of education of any city,	2417
local, or exempted village school district may build, enlarge,	2418
repair, and furnish the necessary schoolhouses, purchase or lease	2419
sites therefor, or rights-of-way thereto, or purchase or lease	2420
real estate to be used as playgrounds for children or rent	2421
suitable schoolrooms, either within or without the district, and	2422
provide the necessary apparatus and make all other necessary	2423
provisions for the schools under its control.	2424

(2) A governing board of an educational service center may	2425
acquire, lease or lease-purchase, or enter into a contract to	2426
purchase, lease or lease-purchase, or sell real and personal	2427
property and may construct, enlarge, repair, renovate, furnish, or	2428
equip facilities, buildings, or structures for the educational	2429
service center's purposes. The board may enter into loan	2430
agreements, including mortgages, for the acquisition of such	2431
property. ~~If a governing board exercises any of these powers to~~	2432
~~acquire office or classroom space, the board of county~~	2433
~~commissioners has no obligation to provide and equip offices and~~	2434
~~to provide heat, light, water, and janitorial services for the use~~	2435
~~of the service center pursuant to section 3319.19 of the Revised~~	2436
~~Code, unless there is a contract as provided by division (D) of~~	2437
~~that section.~~	2438

(3) A board of county commissioners may issue securities of	2439
the county pursuant to Chapter 133. of the Revised Code for the	2440
acquisition of real and personal property or for the construction,	2441
enlargement, repair, or renovation of facilities, buildings, or	2442
structures by an educational service center, but only if the	2443
county has a contract ~~under division (D) of section 3319.19 of the~~	2444
~~Revised Code~~ with the educational service center whereby the	2445
educational service center agrees to pay the county an amount	2446
equal to the debt charges on the issued securities on or before	2447
the date those charges fall due. For the purposes of this section,	2448
"debt charges" and "securities" have the same meanings as in	2449
section 133.01 of the Revised Code.	2450

(B)(1) Boards of education of city, local, and exempted	2451
village school districts may acquire land by gift or devise, by	2452
purchase, or by appropriation. Lands purchased may be purchased	2453
for cash, by installment payments, with or without a mortgage, by	2454
entering into lease-purchase agreements, or by lease with an	2455
option to purchase, provided that if the purchase price is to be	2456
paid over a period of time, such payments shall not extend for a	2457
period of more than five years. A special tax levy may be	2458
authorized by the voters of the school district in accordance with	2459
section 5705.21 of the Revised Code to provide a special fund to	2460
meet the future time payments.	2461

(2) For the purposes of section 5705.21 of the Revised Code,	2462
acquisition of land under the provisions of this division shall be	2463
considered a necessary requirement of the school district.	2464

(3) Boards of education of city, local, and exempted village	2465
school districts may acquire federal land at a discount by a	2466
lease-purchase agreement for use as a site for the construction of	2467
educational facilities or for other related purposes. External	2468
administrative and other costs pertaining to the acquisition of	2469
federal land at a discount may be paid from funds available to the	2470
school district for operating purposes. Such boards of education	2471
may also acquire federal land by lease-purchase agreements, by	2472
negotiation, or otherwise.	2473

(4) As used in this division:

2474

(a) "Office equipment" includes but is not limited to	2475
typewriters, copying and duplicating equipment, and computer and	2476
data processing equipment.	2477

(b) "Software for instructional purposes" includes computer	2478
programs usable for computer assisted instruction, computer	2479
managed instruction, drill and practice, and problem simulations.	2480

A board of education or governing board of an educational	2481
service center may acquire the necessary office equipment, and	2482
computer hardware and software for instructional purposes, for the	2483
schools under its control by purchase, by lease, by installment	2484
payments, by entering into lease-purchase agreements, or by lease	2485
with an option to purchase. In the case of a city, exempted	2486
village, or local school district, if the purchase price is to be	2487
paid over a period of time, the contract setting forth the terms	2488
of such purchase shall be considered a continuing contract	2489
pursuant to section 5705.41 of the Revised Code. Payments shall	2490
not extend for a period of more than five years. Costs relating to	2491
the acquisition of necessary apparatus may be paid from funds	2492
available to the school district or educational service center for	2493
operating purposes.	2494

(5) A board of education or governing board of an educational	2495
service center may acquire the necessary equipment for the	2496
maintenance or physical upkeep of facilities and land under its	2497
control by entering into lease-purchase agreements. If payments	2498
under the lease-purchase agreement are to be made over a period of	2499
time, the agreement shall be considered a continuing contract	2500
pursuant to section 5705.41 of the Revised Code, and such payments	2501
shall not extend for a period of more than five years.	2502

Sec. 3313.41. (A) Except as provided in divisions (C), (D),	2503
(F), and (G) of this section, when a board of education decides to	2504
dispose of real or personal property that it owns in its corporate	2505
capacity and that exceeds in value ten thousand dollars, it shall	2506
sell the property at public auction, after giving at least thirty	2507
days' notice of the auction by publication in a newspaper of	2508
general circulation in the school district, by publication as	2509
provided in section 7.16 of the Revised Code, or by posting	2510
notices in five of the most public places in the school district	2511
in which the property, if it is real property, is situated, or, if	2512
it is personal property, in the school district of the board of	2513
education that owns the property. The board may offer real	2514
property for sale as an entire tract or in parcels.	2515

(B) When the board of education has offered real or personal	2516
property for sale at public auction at least once pursuant to	2517
division (A) of this section, and the property has not been sold,	2518
the board may sell it at a private sale. Regardless of how it was	2519
offered at public auction, at a private sale, the board shall, as	2520
it considers best, sell real property as an entire tract or in	2521
parcels, and personal property in a single lot or in several lots.	2522

(C) If a board of education decides to dispose of real or	2523
personal property that it owns in its corporate capacity and that	2524
exceeds in value ten thousand dollars, it may sell the property to	2525
the adjutant general; to any subdivision or taxing authority as	2526
respectively defined in ~~divisions (A) and (C) of~~ section 5705.01	2527
of the Revised Code, township park district, board of park	2528
commissioners established under Chapter 755. of the Revised Code,	2529
or park district established under Chapter 1545. of the Revised	2530
Code; to a wholly or partially tax-supported university,	2531
university branch, or college; to a nonprofit institution of	2532
higher education that has a certificate of authorization under	2533
Chapter 1713. of the Revised Code; to the governing authority of a	2534
chartered nonpublic school; or to the board of trustees of a	2535
school district library, upon such terms as are agreed upon. The	2536
sale of real or personal property to the board of trustees of a	2537
school district library is limited, in the case of real property,	2538
to a school district library within whose boundaries the real	2539
property is situated, or, in the case of personal property, to a	2540
school district library whose boundaries lie in whole or in part	2541
within the school district of the selling board of education.	2542

(D) When a board of education decides to trade as a part or	2543
an entire consideration, an item of personal property on the	2544
purchase price of an item of similar personal property, it may	2545
trade the same upon such terms as are agreed upon by the parties	2546
to the trade.	2547

(E) The president and the treasurer of the board of education	2548
shall execute and deliver deeds or other necessary instruments of	2549
conveyance to complete any sale or trade under this section.	2550

(F) When a board of education has identified a parcel of real	2551
property that it determines is needed for school purposes, the	2552
board may, upon a majority vote of the members of the board,	2553
acquire that property by exchanging real property that the board	2554
owns in its corporate capacity for the identified real property or	2555
by using real property that the board owns in its corporate	2556
capacity as part or an entire consideration for the purchase price	2557
of the identified real property. Any exchange or acquisition made	2558
pursuant to this division shall be made by a conveyance executed	2559
by the president and the treasurer of the board.	2560

(G) When a school district board of education decides to	2561
dispose of real property, prior to disposing of that property	2562
under divisions (A) to (F) of this section, it shall first offer	2563
that property for sale to the governing authorities of the	2564
start-up community schools established under Chapter 3314. of the	2565
Revised Code, and the board of trustees of any college-preparatory	2566
boarding school established under Chapter 3328. of the Revised	2567
Code, that are located within the territory of the school	2568
district,. The district board shall offer the property at a price	2569
that is not higher than the appraised fair market value of that	2570
property as determined in an appraisal of the property that is not	2571
more than one year old. If more than one community school	2572
governing authority or college-preparatory boarding school board	2573
of trustees accepts the offer made by the school district board,	2574
the board shall sell the property to the governing authority or	2575
board that accepted the offer first in time. If no community	2576
school governing authority or college-preparatory boarding school	2577
board of trustees accepts the offer within sixty days after the	2578
offer is made by the school district board, the board may dispose	2579
of the property in the applicable manner prescribed under	2580
divisions (A) to (F) of this section.	2581

(H) When a school district board of education has property	2582
that the board, by resolution, finds is not needed for school	2583
district use, is obsolete, or is unfit for the use for which it	2584
was acquired, the board may donate that property in accordance	2585
with this division if the fair market value of the property is, in	2586
the opinion of the board, two thousand five hundred dollars or	2587
less.	2588

The property may be donated to an eligible nonprofit	2589
organization that is located in this state and is exempt from	2590
federal income taxation pursuant to 26 U.S.C. 501(a) and (c)(3).	2591
Before donating any property under this division, the board shall	2592
adopt a resolution expressing its intent to make unneeded,	2593
obsolete, or unfit-for-use school district property available to	2594
these organizations. The resolution shall include guidelines and	2595
procedures the board considers to be necessary to implement the	2596
donation program and shall indicate whether the school district	2597
will conduct the donation program or the board will contract with	2598
a representative to conduct it. If a representative is known when	2599
the resolution is adopted, the resolution shall provide contact	2600
information such as the representative's name, address, and	2601
telephone number.	2602

The resolution shall include within its procedures a	2603
requirement that any nonprofit organization desiring to obtain	2604
donated property under this division shall submit a written notice	2605
to the board or its representative. The written notice shall	2606
include evidence that the organization is a nonprofit organization	2607
that is located in this state and is exempt from federal income	2608
taxation pursuant to 26 U.S.C. 501(a) and (c)(3); a description of	2609
the organization's primary purpose; a description of the type or	2610
types of property the organization needs; and the name, address,	2611
and telephone number of a person designated by the organization's	2612
governing board to receive donated property and to serve as its	2613
agent.	2614

After adoption of the resolution, the board shall publish, in	2615
a newspaper of general circulation in the school district or as	2616
provided in section 7.16 of the Revised Code, notice of its intent	2617
to donate unneeded, obsolete, or unfit-for-use school district	2618
property to eligible nonprofit organizations. The notice shall	2619
include a summary of the information provided in the resolution	2620
and shall be published twice. The second notice shall be published	2621
not less than ten nor more than twenty days after the previous	2622
notice. A similar notice also shall be posted continually in the	2623
board's office. If the school district maintains a web site on the	2624
internet, the notice shall be posted continually at that web site.	2625

The board or its representatives shall maintain a list of all	2626
nonprofit organizations that notify the board or its	2627
representative of their desire to obtain donated property under	2628
this division and that the board or its representative determines	2629
to be eligible, in accordance with the requirements set forth in	2630
this section and in the donation program's guidelines and	2631
procedures, to receive donated property.	2632

The board or its representative also shall maintain a list of	2633
all school district property the board finds to be unneeded,	2634
obsolete, or unfit for use and to be available for donation under	2635
this division. The list shall be posted continually in a	2636
conspicuous location in the board's office, and, if the school	2637
district maintains a web site on the internet, the list shall be	2638
posted continually at that web site. An item of property on the	2639
list shall be donated to the eligible nonprofit organization that	2640
first declares to the board or its representative its desire to	2641
obtain the item unless the board previously has established, by	2642
resolution, a list of eligible nonprofit organizations that shall	2643
be given priority with respect to the item's donation. Priority	2644
may be given on the basis that the purposes of a nonprofit	2645
organization have a direct relationship to specific school	2646
district purposes of programs provided or administered by the	2647
board. A resolution giving priority to certain nonprofit	2648
organizations with respect to the donation of an item of property	2649
shall specify the reasons why the organizations are given that	2650
priority.	2651

Members of the board shall consult with the Ohio ethics	2652
commission, and comply with Chapters 102. and 2921. of the Revised	2653
Code, with respect to any donation under this division to a	2654
nonprofit organization of which a board member, any member of a	2655
board member's family, or any business associate of a board member	2656
is a trustee, officer, board member, or employee.	2657

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

2658

(1) "College-preparatory boarding school" means a	2659
college-preparatory boarding school established under Chapter	2660
3328. of the Revised Code.	2661

(2) "Community school" means a community school established	2662
under Chapter 3314. of the Revised Code.	2663

(3) "Unused school facilities" means any real property that	2664
has been used by a school district for school operations,	2665
including, but not limited to, academic instruction or	2666
administration, since July 1, 1998, but has not been used in that	2667
capacity for two years.	2668

(B)(1) On and after ~~the effective date of this section~~June	2669
30, 2011, any school district board of education shall offer any	2670
unused school facilities it owns in its corporate capacity for	2671
lease or sale to the governing authorities of community schools	2672
~~established under Chapter 3314. of the Revised Code~~, and the board	2673
of trustees of any college-preparatory boarding school, that are	2674
located within the territory of the ~~school~~ district.	2675

(2) At the same time that a district board makes the offer	2676
required under division (B)(1) of this section, the board also	2677
may, but shall not be required to, offer that property for sale or	2678
lease to the governing authorities of community schools with	2679
plans, stipulated in their contracts entered into under section	2680
3314.03 of the Revised Code, either to relocate their operations	2681
to the territory of the district or to add facilities, as	2682
authorized by division (B)(3) or (4) of section 3314.05 of the	2683
Revised Code, to be located within the territory of the district.	2684

(C)(1) If, not later than sixty days after the district board	2685
makes the offer, ~~the governing authority of~~only one ~~community~~	2686
~~school located within the territory of the school district~~	2687
qualified party offered the property under division (B) of this	2688
section notifies the district treasurer in writing of ~~its~~the	2689
intention to purchase the property, the district board shall sell	2690
the property to ~~the community school~~that party for the appraised	2691
fair market value of the property as determined in an appraisal of	2692
the property that is not more than one year old.	2693

(2) If, not later than sixty days after the district board	2694
makes the offer, ~~the governing authorities of two or more~~	2695
~~community schools located within the territory of the school~~	2696
~~district notify~~more than one qualified party offered the property	2697
under division (B) of this section notifies the district treasurer	2698
in writing of ~~their~~the intention to purchase the property, the	2699
board shall conduct a public auction in the manner required for	2700
auctions of district property under division (A) of section	2701
3313.41 of the Revised Code. Only the ~~governing authorities of all~~	2702
~~community schools located within the territory of the school~~	2703
~~district~~parties offered the property under division (B) of this	2704
section that notify the district treasurer of the intention to	2705
purchase the property are eligible to bid at the auction. The	2706
district board is not obligated to accept any bid for the property	2707
that is lower than the appraised fair market value of the property	2708
as determined in an appraisal that is not more than one year old.	2709

(3) If ~~the governing authorities of two or more community~~	2710
~~schools located within the territory of the school district notify~~	2711
more than one qualified party offered the property under division	2712
(B) of this section notifies the district treasurer in writing of	2713
~~their~~the intention to lease the property, the district board	2714
shall conduct a lottery to select from among those parties the	2715
~~community school~~one qualified party to which the district board	2716
shall lease the property.	2717

(4) The lease price offered by a district board to ~~the~~	2718
~~governing authority of~~ a community school or college-preparatory	2719
boarding school under this section shall not be higher than the	2720
fair market value for such a leasehold as determined in an	2721
appraisal that is not more than one year old.	2722

(5) If no ~~community school governing authority~~qualified	2723
party offered the property under division (B) of this section	2724
accepts the offer to lease or buy the property within sixty days	2725
after the offer is made, the district board may offer the property	2726
to any other entity in accordance with divisions (A) to (F) of	2727
section 3313.41 of the Revised Code.	2728

~~(C)~~(D) Notwithstanding division (B) of this section, a school	2729
district board may renew any agreement it originally entered into	2730
prior to ~~the effective date of this section~~June 30, 2011, to	2731
lease real property to an entity other than a community school or	2732
college-preparatory boarding school. Nothing in this section shall	2733
affect the leasehold arrangements between the district board and	2734
that other entity.	2735

Sec. 3313.608. (A)(1) Beginning with students who enter	2736
third grade in the school year that starts July 1, 2009, and until	2737
June 30, 2013, for any student who attains a score in the range	2738
designated under division (A)(2)(c) of section 3301.0710 of the	2739
Revised Code on the assessment prescribed under that section to	2740
measure skill in English language arts expected at the end of	2741
third grade, each school district, in accordance with the policy	2742
adopted under section 3313.609 of the Revised Code, shall do one	2743
of the following:	2744

~~(1)~~(a) Promote the student to fourth grade if the student's	2745
principal and reading teacher agree that other evaluations of the	2746
student's skill in reading demonstrate that the student is	2747
academically prepared to be promoted to fourth grade;	2748

~~(2)~~(b) Promote the student to fourth grade but provide the	2749
student with intensive intervention services in fourth grade;	2750

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

2751

(2) Beginning with students who enter third grade in the	2752
2013-2014 school year, no city, exempted village, or local school	2753
district shall promote to fourth grade any student who attains a	2754
score in the range designated under division (A)(2)(c) of section	2755
3301.0710 of the Revised Code on the assessment prescribed under	2756
that section to measure skill in English language arts expected at	2757
the end of third grade, unless one of the following applies:	2758

(a) The student is a limited English proficient student who	2759
has been enrolled in United States schools for less than two full	2760
school years and has had less than two years of instruction in an	2761
English as a second language program.	2762

(b) The student is a child with a disability entitled to	2763
special education and related services under Chapter 3323. of the	2764
Revised Code and the student's individualized education program	2765
exempts the student from retention under this division.	2766

(c) The student demonstrates an acceptable level of	2767
performance on an alternative standardized reading assessment as	2768
determined by the department of education.	2769

(d) All of the following apply:

2770

(i) The student is a child with a disability entitled to	2771
special education and related services under Chapter 3323. of the	2772
Revised Code.	2773

(ii) The student has taken the third grade English language	2774
arts achievement assessment prescribed under section 3301.0710 of	2775
the Revised Code.	2776

(iii) The student's individualized education program or plan	2777
under section 504 of the "Rehabilitation Act of 1973," 87 Stat.	2778
355, 29 U.S.C. 794, as amended, shows that the student has	2779
received intensive remediation in reading during at least two	2780
school years but still demonstrates a deficiency in reading.	2781

(iv) The student previously was retained in any of grades	2782
kindergarten to three.	2783

(e)(i) The student received intensive remediation for reading	2784
during at least two school years but still demonstrates a	2785
deficiency in reading and was previously retained in any of grades	2786
kindergarten to three.	2787

(ii) A student who is promoted under division (A)(2)(e)(i) of	2788
this section shall continue to receive intensive reading	2789
instruction in grade four. The instruction shall include an	2790
altered instructional day that includes specialized diagnostic	2791
information and specific research-based reading strategies for the	2792
student that have been successful in improving reading among	2793
low-performing readers.	2794

(B)(1) ToBeginning in the 2012-2013 school year, to assist	2795
students in meeting ~~this~~the third grade guarantee established by	2796
this section, each school district board of education shall adopt	2797
policies and procedures with which it ~~shall~~ annually shall assess	2798
the reading skills of each student ~~at the end of first and second~~	2799
enrolled in kindergarten to third grade by the thirtieth day of	2800
September and shall identify students who are reading below their	2801
grade level by the end of the school year. IfEach district shall	2802
use the diagnostic assessment to measure English language arts	2803
ability for the appropriate grade level ~~has been developed in~~	2804
~~accordance with division (D)(1) of~~adopted under section 3301.079	2805
of the Revised Code, ~~each school district shall use such~~	2806
~~diagnostic assessment~~or a comparable tool approved by the	2807
department of education, to identify such students~~, except that~~	2808
~~any district to which division (E) of section 3301.0715 of the~~	2809
~~Revised Code applies may use another assessment to identify such~~	2810
~~students~~. The policies and procedures shall require the students'	2811
classroom teachers to be involved in the assessment and the	2812
identification of students reading below grade level. ~~The~~	2813
~~district shall notify the parent or guardian of~~	2814

(2) For each student ~~whose~~identified under this section as	2815
having reading skills ~~are~~ below grade level ~~and~~, the district	2816
shall do both of the following:	2817

(a) Provide to the student's parent or guardian, in writing,	2818
all of the following:	2819

(i) Notification that the student has been identified as	2820
having a substantial deficiency in reading;	2821

(ii) A description of the current services that are provided	2822
to the student;	2823

(iii) A description of the proposed supplemental	2824
instructional services and supports that will be provided to the	2825
student that are designed to remediate the identified areas of	2826
reading deficiency;	2827

(iv) Notification that if the student attains a score in the	2828
range designated under division (A)(2)(c) of section 3301.0710 of	2829
the Revised Code on the assessment prescribed under that section	2830
to measure skill in English language arts expected at the end of	2831
third grade, the student shall be retained unless the student is	2832
exempt under division (A) of this section. The notification shall	2833
specify that the assessment under section 3301.0710 of the Revised	2834
Code is not the sole determinant of promotion and that additional	2835
evaluations and assessments are available to the student to assist	2836
parents and the district in knowing when a student is reading at	2837
or above grade level and ready for promotion.	2838

(b) Provide intensive reading instruction to the student	2839
immediately following identification of a reading deficiency, in	2840
accordance with division (C) of this section~~, provide intervention~~	2841
~~services to each student reading below grade level~~. Such	2842
intervention services shall include research-based reading	2843
strategies that have been shown to be successful in improving	2844
reading among low-performing readers and instruction ~~in intensive,~~	2845
~~systematic phonetics pursuant to rules adopted by the state board~~	2846
~~of education~~targeted at the student's identified reading	2847
deficiencies.	2848

~~(2)~~(3) For each student ~~entering third grade after July 1,~~	2849
~~2009, who does not attain by the end of the third grade at least a~~	2850
~~score in the range designated under division (A)(2)(b) of section~~	2851
~~3301.0710 of the Revised Code on the assessment prescribed under~~	2852
~~that section to measure skill in English language arts expected at~~	2853
~~the end of third grade~~retained under division (A) of this	2854
section, the district ~~also~~ shall ~~offer~~do all of the following:	2855

(a) Provide intense remediation services ~~during the summer~~	2856
~~following third grade~~until the student is able to read at grade	2857
level. The remediation services shall include intensive	2858
interventions in reading that address the areas of deficiencies	2859
identified under this section including, but not limited to, not	2860
less than ninety minutes of reading daily and any of the	2861
following:	2862

(i) Small group instruction;

2863

(ii) Reduced teacher-student ratios;

2864

(iii) More frequent progress monitoring;

2865

(iv) Tutoring or mentoring;

2866

(v) Transition classes containing third and fourth grade	2867
students;	2868

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

2869

(vii) Summer reading camps.

2870

(b) Establish a policy for the mid-year promotion of a	2871
student retained under division (A) of this section who	2872
demonstrates that the student is reading at or above grade level;	2873

(c) Provide each student with a high-performing teacher, as	2874
determined by the teacher's student performance data, when	2875
available, and performance reviews.	2876

The district may offer the option for students to receive	2877
applicable services from one or more providers other than the	2878
district. Providers shall be screened and approved by the district	2879
or the department of education. If the student participates in the	2880
remediation services and demonstrates reading proficiency in	2881
accordance with standards adopted by the department prior to the	2882
start of fourth grade, the district shall promote the student to	2883
that grade.	2884

(4) For each student retained under division (A) of this	2885
section who is identified as gifted under division (A) or (B) of	2886
section 3324.03 of the Revised Code in a specific academic ability	2887
field other than reading, each district shall provide instruction	2888
commensurate with student achievement levels in that specific	2889
academic ability field.	2890

As used in this division, "specific academic ability field"	2891
has the same meaning as in section 3324.01 of the Revised Code.	2892

(C) For each student required to be ~~offered~~provided	2893
intervention services under this section, the district shall	2894
develop a reading improvement and monitoring plan within sixty	2895
days after receiving the student's results on the diagnostic	2896
assessment or comparable tool administered under division (B)(1)	2897
of this section. The district shall involve the student's parent	2898
or guardian and classroom teacher in developing the ~~intervention~~	2899
~~strategy, and shall offer to the parent or guardian the~~	2900
~~opportunity to be involved in the intervention services~~plan. The	2901
plan shall include all of the following:	2902

(1) Identification of the student's specific reading	2903
deficiencies;	2904

(2) A description of the additional instructional services	2905
and support that will be provided to the student to remediate the	2906
identified reading deficiencies;	2907

(3) Opportunities for the student's parent or guardian to be	2908
involved in the instructional services and support described in	2909
division (C)(2) of this section;	2910

(4) A process for monitoring the extent to which the student	2911
receives the instructional services and support described in	2912
division (C)(2) of this section;	2913

(5) A reading curriculum during regular school hours that	2914
does all of the following:	2915

(a) Assists students to read at grade level;

2916

(b) Provides scientifically based and reliable assessment;

2917

(c) Provides initial and ongoing analysis of each student's	2918
reading progress.	2919

(6) A statement that if the student attains a score in the	2920
range designated under division (A)(2)(c) of section 3301.0710 of	2921
the Revised Code on the assessment prescribed under that section	2922
to measure skill in English language arts expected by the end of	2923
third grade, the student may be retained in third grade.	2924

Each student with a reading improvement and monitoring plan	2925
under this division who enters third grade after July 1, 2013,	2926
shall be assigned to a teacher who has either received a passing	2927
score on a rigorous test of principles of scientifically based	2928
reading instruction approved by the state board of education or	2929
has a reading endorsement on the teacher's license.	2930

The district shall report any information requested by the	2931
department about the plans developed under this division in the	2932
manner required by the department.	2933

(D) Each school district shall report annually to the	2934
department on its implementation and compliance with this section	2935
using guidelines prescribed by the superintendent of public	2936
instruction. The superintendent of public instruction annually	2937
shall report to the governor and general assembly the number and	2938
percentage of students in grades kindergarten through four reading	2939
below grade level based on the diagnostic assessments administered	2940
under division (B) of this section and the achievement assessments	2941
administered under divisions (A)(1)(a) and (b) of section	2942
3301.0710 of the Revised Code in English language arts, aggregated	2943
by school district; the types of intervention services provided to	2944
students; and, if available, an evaluation of the efficacy of the	2945
intervention services provided.	2946

(E) Any summer remediation services funded in whole or in	2947
part by the state and offered by school districts to students	2948
under this section shall meet the following conditions:	2949

(1) The remediation methods are based on reliable educational	2950
research.	2951

(2) The school districts conduct assessment before and after	2952
students participate in the program to facilitate monitoring	2953
results of the remediation services.	2954

(3) The parents of participating students are involved in	2955
programming decisions.	2956

~~(4) The services are conducted in a school building or~~	2957
~~community center and not on an at-home basis.~~	2958

~~(E)~~(F) This section does not create a new cause of action or	2959
a substantive legal right for any person.	2960

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

2961

(1) "Truant" means absent without excuse.

2962

(2) "Academically prepared" means whatever educational	2963
standard the board of education of each city, exempted village,	2964
local, and joint vocational school district establishes as	2965
necessary for the promotion of a student to the next grade level	2966
pursuant to the policy adopted under division (B) of this section.	2967

(B) The board of education of each city, exempted village,	2968
local, and joint vocational school district shall adopt a grade	2969
promotion and retention policy for students that complies with	2970
this section and section 3313.608 of the Revised Code. The policy	2971
shall prohibit the promotion of a student to the next grade level	2972
if the student has been truant for more than ten per cent of the	2973
required attendance days of the current school year and has failed	2974
two or more of the required curriculum subject areas in the	2975
current grade unless the student's principal and the teachers of	2976
any failed subject areas agree that the student is academically	2977
prepared to be promoted to the next grade level.	2978

Sec. 3313.6013. (A) As used in this section, "dual enrollment	2979
program" means a program that enables a student to earn credit	2980
toward a degree from an institution of higher education while	2981
enrolled in high school or that enables a student to complete	2982
coursework while enrolled in high school that may earn credit	2983
toward a degree from an institution of higher education upon the	2984
student's attainment of a specified score on an examination	2985
covering the coursework. Dual enrollment programs may include any	2986
of the following:	2987

(1) The post-secondary enrollment options program established	2988
under Chapter 3365. of the Revised Code;	2989

(2) Advanced placement courses;

2990

(3) Any similar program established pursuant to an agreement	2991
between a school district or chartered nonpublic high school and	2992
an institution of higher education.	2993

(B) Each city, local, exempted village, and joint vocational	2994
school district and each chartered nonpublic high school shall	2995
provide students enrolled in grades nine through twelve with the	2996
opportunity to participate in a dual enrollment program. For this	2997
purpose, each school district and chartered nonpublic high school	2998
shall offer at least one dual enrollment program in accordance	2999
with division (B)(1) or (2) of this section, as applicable.	3000

(1) A city, local, or exempted village school district meets	3001
the requirements of this division through its mandatory	3002
participation in the post-secondary enrollment options program	3003
established under Chapter 3365. of the Revised Code. However, a	3004
city, local, or exempted village school district may offer any	3005
other dual enrollment program, in addition to the post-secondary	3006
enrollment options program, and each joint vocational school	3007
district shall offer at least one other ~~duel~~dual enrollment	3008
program, to students in good standing, as defined by the	3009
partnership for continued learning under section 3301.42 of the	3010
Revised Code as it existed prior to ~~the effective date of this~~	3011
~~amendment~~October 16, 2009, or as subsequently defined by the	3012
department of education.	3013

(2) A chartered nonpublic high school that elects to	3014
participate in the post-secondary enrollment options program	3015
established under Chapter 3365. of the Revised Code meets the	3016
requirements of this division. Each chartered nonpublic high	3017
school that elects not to participate in the post-secondary	3018
enrollment options program instead shall offer at least one other	3019
dual enrollment program to students in good standing, as defined	3020
by the partnership for continued learning under section 3301.42 of	3021
the Revised Code as it existed prior to ~~the effective date of this~~	3022
~~amendment~~October 16, 2009, or as subsequently defined by the	3023
department of education.	3024

(C) Each school district and each chartered nonpublic high	3025
school shall provide information about the dual enrollment	3026
programs offered by the district or school to all students	3027
enrolled in grades eight through eleven.	3028

Sec. 3313.674. (A) Except as provided in ~~divisions~~division	3029
(D) ~~and (H)~~ of this section, the board of education of each city,	3030
exempted village, or local school district and the governing	3031
authority of each chartered nonpublic school ~~shall~~may require	3032
each student enrolled in kindergarten, third grade, fifth grade,	3033
and ninth grade to undergo a screening for body mass index and	3034
weight status category ~~prior to the first day of May of the school~~	3035
~~year~~.	3036

(B) The board or governing authority may provide any	3037
screenings ~~required~~authorized by this section itself, contract	3038
with another entity for provision of the screenings, or request	3039
the parent or guardian of each student subject to ~~this section~~the	3040
screening to obtain the screening from a provider selected by the	3041
parent or guardian and to submit the results to the board or	3042
governing authority. If the board or governing authority provides	3043
the screenings itself or contracts with another entity for	3044
provision of the screenings, the board or governing authority	3045
shall protect student privacy by ensuring that each student is	3046
screened alone and not in the presence of other students or staff.	3047

(C) ~~Prior to the first day of February of each~~Each school	3048
year, ~~the~~each board or governing authority electing to require	3049
the screening shall provide the parent or guardian of each student	3050
subject to ~~this section~~the screening with information about the	3051
screening program. If the board or governing authority requests	3052
parents and guardians to obtain a screening from a provider of	3053
their choosing, the board or governing authority shall provide	3054
them with a list of providers and information about screening	3055
services available in the community to parents and guardians who	3056
cannot afford a private provider.	3057

(D) If the parent or guardian of a student subject to ~~this~~	3058
~~section~~the screening signs and submits to the board or governing	3059
authority a written statement indicating that the parent or	3060
guardian does not wish to have the student undergo the screening,	3061
the board or governing authority shall not require the student to	3062
be screened.	3063

(E) The board or governing authority shall notify the parent	3064
or guardian of each student screened under this section of any	3065
health risks associated with the student's results and shall	3066
provide the parent or guardian with information about	3067
appropriately addressing the risks. For this purpose, the	3068
department of health, in consultation with the department of	3069
education and the healthy choices for healthy children council	3070
established under section 3301.92 of the Revised Code, shall	3071
develop a list of documents, pamphlets, or other resources that	3072
may be distributed to parents and guardians under this division.	3073

(F) The board or governing authority shall maintain the	3074
confidentiality of each student's individual screening results at	3075
all times. No board or governing authority shall report a	3076
student's individual screening results to any person other than	3077
the student's parent or guardian.	3078

(G) In a manner prescribed by rule of the director of health,	3079
~~the~~each board or governing authority electing to require the	3080
screening shall report aggregated body mass index and weight	3081
status category data collected under this section, and any other	3082
demographic data required by the director, to the department of	3083
health. In the case of a school district, data shall be aggregated	3084
for the district as a whole and not for individual schools within	3085
the district, unless the district operates only one school. In the	3086
case of a chartered nonpublic school, data shall be aggregated for	3087
the school as a whole. The department annually may publish the	3088
data reported under this division, aggregated by county. ~~If any~~	3089
For each county in which a district, community school, STEM	3090
school, or chartered nonpublic school ~~was granted a waiver under~~	3091
~~division (H) of this section~~has elected not to require the	3092
screening for a school year for which data is published, the	3093
department shall note that the data for the county in which the	3094
district or school is located is incomplete. The department may	3095
share data reported under this division with other governmental	3096
entities for the purpose of monitoring population health, making	3097
reports, or public health promotional activities.	3098

~~(H) A board or governing authority may obtain a waiver of the~~	3099
~~requirement to have students undergo screenings for body mass~~	3100
~~index and weight status category by submitting to the~~	3101
~~superintendent of public instruction an affidavit, attested to by~~	3102
~~the president or presiding officer of the board or governing~~	3103
~~authority, stating that the board or governing authority is unable~~	3104
~~to comply with the requirement. The superintendent shall grant the~~	3105
~~waiver upon receipt of the affidavit.~~	3106

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

3107

(1) "Outdoor education center" means a public or nonprofit	3108
private entity that provides to pupils enrolled in any public or	3109
chartered nonpublic elementary or secondary school an outdoor	3110
educational curriculum that the school considers to be part of its	3111
educational program.	3112

(2) "Outside-school-hours care center" has the meaning	3113
established in 7 C.F.R. 226.2.	3114

(B) The state board of education shall establish standards	3115
for a school lunch program, school breakfast program, child and	3116
adult care food program, special food service program for	3117
children, summer food service program for children, special milk	3118
program for children, food service equipment assistance program,	3119
and commodity distribution program established under the "National	3120
School Lunch Act," 60 Stat. 230 (1946), 42 U.S.C. 1751, as	3121
amended, and the "Child Nutrition Act of 1966," 80 Stat. 885, 42	3122
U.S.C. 1771, as amended. Any board of education of a school	3123
district, nonprofit private school, outdoor education center,	3124
child care institution, outside-school-hours care center, or	3125
summer camp desiring to participate in such a program or required	3126
to participate under this section shall, if eligible to	3127
participate under the "National School Lunch Act," as amended, or	3128
the "Child Nutrition Act of 1966," as amended, make application to	3129
the state board of education for assistance. The board shall	3130
administer the allocation and distribution of all state and	3131
federal funds for these programs.	3132

(C) The state board of education shall require the board of	3133
education of each school district to establish and maintain a	3134
school breakfast, lunch, and summer food service program pursuant	3135
to the "National School Lunch Act" and the "Child Nutrition Act of	3136
1966," as described in divisions (C)(1) to (4) of this section.	3137

(1) The state board shall require the board of education in	3138
each school district to establish a breakfast program in every	3139
school where at least one-fifth of the pupils in the school are	3140
eligible under federal requirements for free breakfasts and to	3141
establish a lunch program in every school where at least one-fifth	3142
of the pupils are eligible for free lunches. The board of	3143
education required to establish a breakfast program under this	3144
division may make a charge in accordance with federal requirements	3145
for each reduced price breakfast or paid breakfast to cover the	3146
cost incurred in providing that meal.	3147

(2) The state board shall require the board of education in	3148
each school district to establish a breakfast program in every	3149
school in which the parents of at least one-half of the children	3150
enrolled in the school have requested that the breakfast program	3151
be established. The board of education required to establish a	3152
program under this division may make a charge in accordance with	3153
federal requirements for each meal to cover all or part of the	3154
costs incurred in establishing such a program.	3155

(3) The state board shall require the board of education in	3156
each school district to establish one of the following for summer	3157
intervention services described in division (D) of section	3158
3301.0711 ~~and~~or provided under section 3313.608 of the Revised	3159
Code, and any other summer intervention program required by law:	3160

(a) An extension of the school breakfast program pursuant to	3161
the "National School Lunch Act" and the "Child Nutrition Act of	3162
1966";	3163

(b) An extension of the school lunch program pursuant to	3164
those acts;	3165

3166

(4)(a) If the board of education of a school district	3167
determines that, for financial reasons, it cannot comply with	3168
division (C)(1) or (3) of this section, the district board may	3169
choose not to comply with either or both divisions, except as	3170
provided in division (C)(4)(b) of this section. The district board	3171
publicly shall communicate to the residents of the district, in	3172
the manner it determines appropriate, its decision not to comply.	3173

(b) If a district board chooses not to comply with division	3174
(C)(1) of this section, the state board nevertheless shall require	3175
the district board to establish a breakfast program in every	3176
school where at least one-third of the pupils in the school are	3177
eligible under federal requirements for free breakfasts and to	3178
establish a lunch program in every school where at least one-third	3179
of the pupils are eligible for free lunches. The district board	3180
may make a charge in accordance with federal requirements for each	3181
reduced price breakfast or paid breakfast to cover the cost	3182
incurred in providing that meal.	3183

(c) If a school district cannot for good cause comply with	3184
the requirements of division (C)(2) or (4)(b) of this section at	3185
the time the state board determines that a district is subject to	3186
these requirements, the state board shall grant a reasonable	3187
extension of time. Good cause for an extension of time shall	3188
include, but need not be limited to, economic impossibility of	3189
compliance with the requirements at the time the state board	3190
determines that a district is subject to them.	3191

(D)(1) The state board shall accept the application of any	3192
outdoor education center in the state making application for	3193
participation in a program pursuant to division (B) of this	3194
section.	3195

(2) For purposes of participation in any program pursuant to	3196
this section, the board shall certify any outdoor education center	3197
making application as an educational unit that is part of the	3198
educational system of the state, if the center:	3199

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

3200

(b) Provides its outdoor education curriculum to pupils on an	3201
overnight basis so that pupils are in residence at the center for	3202
more than twenty-four consecutive hours;	3203

(c) Operates under public or nonprofit private ownership in a	3204
single building or complex of buildings.	3205

(3) The board shall approve any outdoor education center	3206
certified under this division for participation in the program for	3207
which the center is making application on the same basis as any	3208
other applicant for that program.	3209

(E) Any school district board of education or chartered	3210
nonpublic school that participates in a breakfast program pursuant	3211
to this section may offer breakfast to pupils in their classrooms	3212
during the school day.	3213

(F) Notwithstanding anything in this section to the contrary,	3214
in each fiscal year in which the general assembly appropriates	3215
funds for purposes of this division, the board of education of	3216
each school district and each chartered nonpublic school that	3217
participates in a breakfast program pursuant to this section shall	3218
provide a breakfast free of charge to each pupil who is eligible	3219
under federal requirements for a reduced price breakfast.	3220

Sec. 3313.816. No public or chartered nonpublic school shall	3221
permit the sale of a la carte beverage items other than the	3222
following during the regular and extended school day:	3223

(A) For a school in which the majority of grades offered are	3224
in the range from kindergarten to grade four:	3225

(1) Water;

3226

(2) Milk;

3227

(3) Eight ounces or less of one hundred per cent fruit juice,	3228
or a one hundred per cent fruit juice and water blend with no	3229
added sweeteners, that contains not more than one hundred sixty	3230
calories per eight ounces.	3231

(B) For a school in which the majority of grades offered are	3232
in the range from grade five to grade eight:	3233

(1) Water;

3234

(2) Milk;

3235

(3) Ten ounces or less of one hundred per cent fruit juice,	3236
or a one hundred per cent fruit juice and water blend with no	3237
added sweeteners, that contains not more than one hundred sixty	3238
calories per eight ounces.	3239

(C) For a school in which the majority of grades offered are	3240
in the range from grade nine to grade twelve:	3241

(1) Water;

3242

(2) Milk;

3243

(3) Twelve ounces or less of one hundred per cent fruit	3244
juice, or a one hundred per cent fruit juice and water blend with	3245
no added sweeteners, that contains not more than one hundred sixty	3246
calories per eight ounces;	3247

(4) Twelve ounces or less of any beverage that contains not	3248
more than sixty-six calories per eight ounces;	3249

(5) Any size of a beverage that contains not more than ten	3250
calories per eight ounces, which may include caffeinated beverages	3251
and beverages with added sweeteners, carbonation, or artificial	3252
flavoring.	3253

~~(D) Each public and chartered nonpublic school shall require~~	3254
~~at least fifty per cent of the a la carte beverage items available~~	3255
~~for sale from each of the following sources during the regular and~~	3256
~~extended school day to be water or other beverages that contain~~	3257
~~not more than ten calories per eight ounces:~~	3258

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

3259

~~(2) A vending machine located on school property that does~~	3260
~~not sell only milk or reimbursable meals;~~	3261

~~(3) A store operated by the school, a student association, or~~	3262
~~other school-sponsored organization.~~	3263

Sec. 3313.842. (A) The boards of education or governing	3264
authorities of any two or more school districts or community	3265
schools may enter into an agreement for joint or cooperative	3266
establishment and operation of any educational program including	3267
any class, course, or program that may be included in a school	3268
district's or community school's graded course of study and staff	3269
development programs for teaching and nonteaching school	3270
employees. Each school district or community school that is party	3271
to such an agreement may contribute funds of the district or	3272
school in support of the agreement and for the establishment and	3273
operation of any educational program established under the	3274
agreement. The agreement shall designate one of the districts or	3275
community schools as responsible for receiving and disbursing the	3276
funds contributed by the parties to the agreement.	3277

(B) Notwithstanding sections 3313.48 and 3313.64 of the	3278
Revised Code, any school district that is party to an agreement	3279
for joint or cooperative establishment and operation of an	3280
educational program may charge fees or tuition for students who	3281
participate in the program and are entitled to attend school in	3282
the district under section 3313.64 or 3313.65 of the Revised Code.	3283
Except as otherwise provided in division ~~(H)~~(G) of section 3321.01	3284
of the Revised Code, no community school that is party to the	3285
agreement shall charge fees or tuition for students who	3286
participate in the program and are reported by the school under	3287
division (B)(2) of section 3314.08 of the Revised Code.	3288

Sec. 3313.843. (A) Notwithstanding division (D) of section	3289
3311.52 of the Revised Code, this section does not apply to any	3290
cooperative education school district.	3291

(B)(1) The board of education of each city, exempted village,	3292
or local school district with an average daily student enrollment	3293
of sixteen thousand or less, reported for the district on the most	3294
recent report card issued under section 3302.03 of the Revised	3295
Code, shall enter into an agreement with the governing board of an	3296
educational service center, under which the educational service	3297
center governing board will provide services to the district.	3298

(2) The board of education of a city, exempted village, or	3299
local school district with an average daily student enrollment of	3300
more than sixteen thousand may enter into an agreement with the	3301
governing board of an educational service center, under which the	3302
educational service center governing board will provide services	3303
to the district.	3304

(3) Services provided under an agreement entered into under	3305
division (B)(1) or (2) of this section shall be specified in the	3306
agreement, and may include any of the following: supervisory	3307
teachers; in-service and continuing education programs for	3308
district personnel; curriculum services; research and development	3309
programs; academic instruction for which the governing board	3310
employs teachers pursuant to section 3319.02 of the Revised Code;	3311
assistance in the provision of special accommodations and classes	3312
for students with disabilities; or any other services the district	3313
board and service center governing board agree can be better	3314
provided by the service center and are not provided under an	3315
agreement entered into under section 3313.845 of the Revised Code.	3316
Services included in the agreement shall be provided to the	3317
district in the manner specified in the agreement. The district	3318
board of education shall reimburse the educational service center	3319
governing board pursuant to section 3317.11 of the Revised Code.	3320

Beginning with the 2012-2013 school year, the board of any	3321
district described in division (B)(2) of this section may elect	3322
not to receive the supervisory services for which supervisory	3323
units are paid under division (B) of section 3317.11 of the	3324
Revised Code, provided that election is specified in the	3325
agreement.	3326

(C) Any agreement entered into pursuant to this section shall	3327
be filed with the department of education by the first day of July	3328
of the school year for which the agreement is in effect.	3329

(D)(1) An agreement for services from an educational service	3330
center entered into under this section may be terminated by the	3331
school district board of education, at its option, by notifying	3332
the governing board of the service center by March 1, 2012, or by	3333
the first day of January of any odd-numbered year thereafter, that	3334
the district board intends to terminate the agreement in that	3335
year, and that termination shall be effective on the thirtieth day	3336
of June of that year. The failure of a district board to notify an	3337
educational service center of its intent to terminate an agreement	3338
by March 1, 2012, shall result in renewal of the existing	3339
agreement for the following school year. Thereafter, the failure	3340
of a district board to notify an educational service center of its	3341
intent to terminate an agreement by the first day of January of an	3342
odd-numbered year shall result in renewal of the existing	3343
agreement for the following two school years.	3344

(2) If the school district that terminates an agreement for	3345
services under division (D)(1) of this section is also subject to	3346
the requirement of division (B)(1) of this section, the district	3347
board shall enter into a new agreement with ~~a different~~any	3348
educational service center so that the new agreement is effective	3349
on the first day of July of that same year.	3350

Sec. 3313.845. The board of education of a city, exempted	3351
village, or local school district and the governing board of an	3352
educational service center may enter into an agreement under which	3353
the educational service center will provide services to the school	3354
district. Services provided under the agreement and the amount to	3355
be paid for such services shall be mutually agreed to by the	3356
district board of education and the service center governing	3357
board, and shall be specified in the agreement. Payment for	3358
services specified in the agreement shall be made pursuant to	3359
division (D) of section 3317.11 of the Revised Code and shall not	3360
include any deduction under division (B), (C), or (F) of that	3361
section. Any agreement entered into pursuant to this section shall	3362
be valid only if a copy is filed with the department of education	3363
~~by the first day of the school year for which the agreement is in~~	3364
~~effect~~.	3365

The authority granted under this section to the boards of	3366
education of city, exempted village, and local school districts is	3367
in addition to the authority granted to such boards under section	3368
3313.843 of the Revised Code.	3369

Sec. 3313.847. In the case of a child placed in the custody	3370
of a juvenile facility established under section 2151.65 or a	3371
detention facility established under section 2152.41 of the	3372
Revised Code, if that facility contracts directly with an	3373
educational service center for services for that child, the	3374
service center may submit its request for payment for services for	3375
the child directly to the school district that is responsible to	3376
bear the cost of educating the child, as determined under section	3377
2151.362 of the Revised Code. That district shall pay the service	3378
center directly for those services. Notwithstanding anything to	3379
the contrary in section 3317.03 of the Revised Code, the district	3380
that pays a service center for services for a particular child	3381
under this section shall include that child in the district's	3382
average daily membership as reported under division (A) of section	3383
3317.03 of the Revised Code. No other district shall include the	3384
child in its average daily membership.	3385

Sec. 3313.978. (A) Annually by the first day of November,	3386
the superintendent of public instruction shall notify the pilot	3387
project school district of the number of initial scholarships that	3388
the state superintendent will be awarding in each of grades	3389
kindergarten through twelve.	3390

The state superintendent shall provide information about the	3391
scholarship program to all students residing in the district,	3392
shall accept applications from any such students until such date	3393
as shall be established by the state superintendent as a deadline	3394
for applications, and shall establish criteria for the selection	3395
of students to receive scholarships from among all those applying	3396
prior to the deadline, which criteria shall give preference to	3397
students from low-income families. For each student selected, the	3398
state superintendent shall also determine whether the student	3399
qualifies for seventy-five or ninety per cent of the scholarship	3400
amount. Students whose family income is at or above two hundred	3401
per cent of the maximum income level established by the state	3402
superintendent for low-income families shall qualify for	3403
seventy-five per cent of the scholarship amount and students whose	3404
family income is below two hundred per cent of that maximum income	3405
level shall qualify for ninety per cent of the scholarship amount.	3406
The state superintendent shall notify students of their selection	3407
prior to the fifteenth day of January and whether they qualify for	3408
seventy-five or ninety per cent of the scholarship amount.	3409

(1) A student receiving a pilot project scholarship may	3410
utilize it at an alternative public school by notifying the	3411
district superintendent, at any time before the beginning of the	3412
school year, of the name of the public school in an adjacent	3413
school district to which the student has been accepted pursuant to	3414
section 3327.06 of the Revised Code.	3415

(2) A student may decide to utilize a pilot project	3416
scholarship at a registered private school in the district if all	3417
of the following conditions are met:	3418

(a) By the fifteenth day of February of the preceding school	3419
year, or at any time prior to the start of the school year, the	3420
parent makes an application on behalf of the student to a	3421
registered private school.	3422

(b) The registered private school notifies the parent and the	3423
state superintendent as follows that the student has been	3424
admitted:	3425

(i) By the fifteenth day of March of the preceding school	3426
year if the student filed an application by the fifteenth day of	3427
February and was admitted by the school pursuant to division (A)	3428
of section 3313.977 of the Revised Code;	3429

(ii) Within one week of the decision to admit the student if	3430
the student is admitted pursuant to division (C) of section	3431
3313.977 of the Revised Code.	3432

(c) The student actually enrolls in the registered private	3433
school to which the student was first admitted or in another	3434
registered private school in the district or in a public school in	3435
an adjacent school district.	3436

(B) The state superintendent shall also award in any school	3437
year tutorial assistance grants to a number of students equal to	3438
the number of students who receive scholarships under division (A)	3439
of this section. Tutorial assistance grants shall be awarded	3440
solely to students who are enrolled in the public schools of the	3441
district in a grade level covered by the pilot project. Tutorial	3442
assistance grants may be used solely to obtain tutorial assistance	3443
from a provider approved pursuant to division (D) of section	3444
3313.976 of the Revised Code.	3445

All students wishing to obtain tutorial assistance grants	3446
shall make application to the state superintendent by the first	3447
day of the school year in which the assistance will be used. The	3448
state superintendent shall award assistance grants in accordance	3449
with criteria the superintendent shall establish. For each student	3450
awarded a grant, the state superintendent shall also determine	3451
whether the student qualifies for seventy-five or ninety per cent	3452
of the grant amount and so notify the student. Students whose	3453
family income is at or above two hundred per cent of the maximum	3454
income level established by the state superintendent for	3455
low-income families shall qualify for seventy-five per cent of the	3456
grant amount and students whose family income is below two hundred	3457
per cent of that maximum income level shall qualify for ninety per	3458
cent of the grant amount.	3459

(C)(1) In the case of basic scholarships for students in	3460
grades kindergarten through eight, the scholarship amount shall	3461
not exceed the lesser of the tuition charges of the alternative	3462
school the scholarship recipient attends or three thousand dollars	3463
before fiscal year 2007, three thousand four hundred fifty dollars	3464
in fiscal year 2007 through fiscal year 2011, and four thousand	3465
two hundred fifty dollars in fiscal year 2012 and thereafter.	3466

In the case of basic scholarships for students in grades nine	3467
through twelve, the scholarship amount shall not exceed the lesser	3468
of the tuition charges of the alternative school the scholarship	3469
recipient attends or two thousand seven hundred dollars before	3470
fiscal year 2007, three thousand four hundred fifty dollars in	3471
fiscal year 2007 through fiscal year 2011, and five thousand	3472
dollars in fiscal year 2012 and thereafter.	3473

(2) The state superintendent shall provide for an increase in	3474
the basic scholarship amount in the case of any student who is a	3475
mainstreamed student with a disability and shall further increase	3476
such amount in the case of any separately educated student with a	3477
disability. Such increases shall take into account the	3478
instruction, related services, and transportation costs of	3479
educating such students.	3480

(3) In the case of tutorial assistance grants, the grant	3481
amount shall not exceed the lesser of the provider's actual	3482
charges for such assistance or:	3483

(a) Before fiscal year 2007, a percentage established by the	3484
state superintendent, not to exceed twenty per cent, of the amount	3485
of the pilot project school district's average basic scholarship	3486
amount;	3487

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

3488

(4) No scholarship or tutorial assistance grant shall be	3489
awarded unless the state superintendent determines that	3490
twenty-five or ten per cent, as applicable, of the amount	3491
specified for such scholarship or grant pursuant to division	3492
(C)(1), (2), or (3) of this section will be furnished by a	3493
political subdivision, a private nonprofit or for profit entity,	3494
or another person. Only seventy-five or ninety per cent of such	3495
amounts, as applicable, shall be paid from state funds pursuant to	3496
section 3313.979 of the Revised Code.	3497

(D)(1) Annually by the first day of November, the state	3498
superintendent shall estimate the maximum per-pupil scholarship	3499
amounts for the ensuing school year. The state superintendent	3500
shall make this estimate available to the general public at the	3501
offices of the district board of education together with the forms	3502
required by division (D)(2) of this section.	3503

(2) Annually by the fifteenth day of January, the chief	3504
administrator of each registered private school located in the	3505
pilot project district and the principal of each public school in	3506
such district shall complete a parental information form and	3507
forward it to the president of the board of education. The	3508
parental information form shall be prescribed by the department of	3509
education and shall provide information about the grade levels	3510
offered, the numbers of students, tuition amounts, achievement	3511
test results, and any sectarian or other organizational	3512
affiliations.	3513

(E)(1) Only for the purpose of administering the pilot	3514
project scholarship program, the department may request from any	3515
of the following entities the data verification code assigned	3516
under division (D)(2) of section 3301.0714 of the Revised Code to	3517
any student who is seeking a scholarship under the program:	3518

(a) The school district in which the student is entitled to	3519
attend school under section 3313.64 or 3313.65 of the Revised	3520
Code;	3521

(b) If applicable, the community school in which the student	3522
is enrolled;	3523

(c) The independent contractor engaged to create and maintain	3524
data verification codes.	3525

(2) Upon a request by the department under division (E)(1) of	3526
this section for the data verification code of a student seeking a	3527
scholarship or a request by the student's parent for that code,	3528
the school district or community school shall submit that code to	3529
the department or parent in the manner specified by the	3530
department. If the student has not been assigned a code, because	3531
the student will be entering kindergarten during the school year	3532
for which the scholarship is sought, the district shall assign a	3533
code to that student and submit the code to the department or	3534
parent by a date specified by the department. If the district does	3535
not assign a code to the student by the specified date, the	3536
department shall assign a code to the student.	3537

The department annually shall submit to each school district	3538
the name and data verification code of each student residing in	3539
the district who is entering kindergarten, who has been awarded a	3540
scholarship under the program, and for whom the department has	3541
assigned a code under this division.	3542

(3) The department shall not release any data verification	3543
code that it receives under division (E) of this section to any	3544
person except as provided by law.	3545

(F) Any document relative to the pilot project scholarship	3546
program that the department holds in its files that contains both	3547
a student's name or other personally identifiable information and	3548
the student's data verification code shall not be a public record	3549
under section 149.43 of the Revised Code.	3550

(G)(1) The department annually shall compile the scores	3551
attained by scholarship students enrolled in registered private	3552
schools on the assessments administered to the students pursuant	3553
to division (A)(11) of section 3313.976 of the Revised Code. The	3554
scores shall be aggregated as follows:	3555

(a) By school district, which shall include all scholarship	3556
students residing in the pilot project school district who are	3557
enrolled in a registered private school and were required to take	3558
an assessment pursuant to division (A)(11) of section 3313.976 of	3559
the Revised Code;	3560

(b) By registered private school, which shall include all	3561
scholarship students enrolled in that school who were required to	3562
take an assessment pursuant to division (A)(11) of section	3563
3313.976 of the Revised Code.	3564

(2) The department shall disaggregate the student performance	3565
data described in division (G)(1) of this section according to the	3566
following categories:	3567

(a) ~~Age~~Grade level;

3568

(b) Race and ethnicity;

3569

3570

(d) Students who have participated in the scholarship program	3571
for three or more years;	3572

(e) Students who have participated in the scholarship program	3573
for more than one year and less than three years;	3574

(f) Students who have participated in the scholarship program	3575
for one year or less;	3576

(g) Economically disadvantaged students.

3577

(3) The department shall post the student performance data	3578
required under divisions (G)(1) and (2) of this section on its web	3579
site and shall include that data in the information about the	3580
scholarship program provided to students under division (A) of	3581
this section. In reporting student performance data under this	3582
division, the department shall not include any data that is	3583
statistically unreliable or that could result in the	3584
identification of individual students. For this purpose, the	3585
department shall not report performance data for any group that	3586
contains less than ten students.	3587

(4) The department shall provide the parent of each	3588
scholarship student enrolled in a registered private school with	3589
information comparing the student's performance on the assessments	3590
administered pursuant to division (A)(11) of section 3313.976 of	3591
the Revised Code with the average performance of similar students	3592
enrolled in the building operated by the pilot project school	3593
district that the scholarship student would otherwise attend. In	3594
calculating the performance of similar students, the department	3595
shall consider age, grade, race and ethnicity, gender, and	3596
socioeconomic status.	3597

Sec. 3314.012. (A) Within ninety days of September 28, 1999,	3598
the superintendent of public instruction shall appoint	3599
representatives of the department of education, including	3600
employees who work with the education management information	3601
system, to a committee to develop report card models for community	3602
schools. The committee shall design model report cards appropriate	3603
for the various types of community schools approved to operate in	3604
the state. Sufficient models shall be developed to reflect the	3605
variety of grade levels served and the missions of the state's	3606
community schools. All models shall include both financial and	3607
academic data. The initial models shall be developed by March 31,	3608
2000.	3609

(B) ~~The~~Except as provided in section 3314.017 of the Revised	3610
Code, the department of education shall issue an annual report	3611
card for each community school, regardless of how long the school	3612
has been in operation. The report card shall report the academic	3613
and financial performance of the school utilizing one of the	3614
models developed under division (A) of this section. The report	3615
card shall include all information applicable to school buildings	3616
under division (A) of section 3302.03 of the Revised Code. The	3617
ratings a community school receives under section 3302.03 of the	3618
Revised Code for its first two full school years shall not be	3619
considered toward automatic closure of the school under section	3620
3314.35 of the Revised Code or any other matter that is based on	3621
report card ratings.	3622

(C) Upon receipt of a copy of a contract between a sponsor	3623
and a community school entered into under this chapter, the	3624
department of education shall notify the community school of the	3625
specific model report card that will be used for that school.	3626

(D) Report cards shall be distributed to the parents of all	3627
students in the community school, to the members of the board of	3628
education of the school district in which the community school is	3629
located, and to any person who requests one from the department.	3630

Sec. 3314.015. (A) The department of education shall be	3631
responsible for the oversight of any and all sponsors of the	3632
community schools established under this chapter and shall provide	3633
technical assistance to schools and sponsors in their compliance	3634
with applicable laws and the terms of the contracts entered into	3635
under section 3314.03 of the Revised Code and in the development	3636
and start-up activities of those schools. In carrying out its	3637
duties under this section, the department shall do all of the	3638
following:	3639

(1) In providing technical assistance to proposing parties,	3640
governing authorities, and sponsors, conduct training sessions and	3641
distribute informational materials;	3642

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

3643

(3) Monitor the effectiveness of any and all sponsors in	3644
their oversight of the schools with which they have contracted;	3645

(4) By December thirty-first of each year, issue a report to	3646
the governor, the speaker of the house of representatives, the	3647
president of the senate, and the chairpersons of the house and	3648
senate committees principally responsible for education matters	3649
regarding the effectiveness of academic programs, operations, and	3650
legal compliance and of the financial condition of all community	3651
schools established under this chapter and on the performance of	3652
community school sponsors;	3653

(5) From time to time, make legislative recommendations to	3654
the general assembly designed to enhance the operation and	3655
performance of community schools.	3656

(B)(1) Except as provided in sections 3314.021 and 3314.027	3657
of the Revised Code, no entity listed in division (C)(1) of	3658
section 3314.02 of the Revised Code shall enter into a preliminary	3659
agreement under division (C)(2) of section 3314.02 of the Revised	3660
Code until it has received approval from the department of	3661
education to sponsor community schools under this chapter and has	3662
entered into a written agreement with the department regarding the	3663
manner in which the entity will conduct such sponsorship. The	3664
department shall adopt in accordance with Chapter 119. of the	3665
Revised Code rules containing criteria, procedures, and deadlines	3666
for processing applications for such approval, for oversight of	3667
sponsors, for revocation of the approval of sponsors, and for	3668
entering into written agreements with sponsors. The rules shall	3669
require an entity to submit evidence of the entity's ability and	3670
willingness to comply with the provisions of division (D) of	3671
section 3314.03 of the Revised Code. The rules also shall require	3672
entities approved as sponsors on and after June 30, 2005, to	3673
demonstrate a record of financial responsibility and successful	3674
implementation of educational programs. If an entity seeking	3675
approval on or after June 30, 2005, to sponsor community schools	3676
in this state sponsors or operates schools in another state, at	3677
least one of the schools sponsored or operated by the entity must	3678
be comparable to or better than the performance of Ohio schools in	3679
need of continuous improvement under section 3302.03 of the	3680
Revised Code, as determined by the department.	3681

Subject to section 3314.016 of the Revised Code, an entity	3682
that sponsors community schools may enter into preliminary	3683
agreements and sponsor up to one hundred schools, provided each	3684
school and the contract for sponsorship meets the requirements of	3685
this chapter.	3686

(2) The department of education shall determine, pursuant to	3687
criteria adopted by rule of the department, whether the mission	3688
proposed to be specified in the contract of a community school to	3689
be sponsored by a state university board of trustees or the	3690
board's designee under division (C)(1)(e) of section 3314.02 of	3691
the Revised Code complies with the requirements of that division.	3692
Such determination of the department is final.	3693

(3) The department of education shall determine, pursuant to	3694
criteria adopted by rule of the department, if any tax-exempt	3695
entity under section 501(c)(3) of the Internal Revenue Code that	3696
is proposed to be a sponsor of a community school is an	3697
education-oriented entity for purpose of satisfying the condition	3698
prescribed in division (C)(1)(f)(iii) of section 3314.02 of the	3699
Revised Code. Such determination of the department is final.	3700

(C) If at any time the state board of education finds that a	3701
sponsor is not in compliance or is no longer willing to comply	3702
with its contract with any community school or with the	3703
department's rules for sponsorship, the state board or designee	3704
shall conduct a hearing in accordance with Chapter 119. of the	3705
Revised Code on that matter. If after the hearing, the state board	3706
or designee has confirmed the original finding, the department of	3707
education may revoke the sponsor's approval to sponsor community	3708
schools ~~and~~. In that case, the department's office of Ohio school	3709
sponsorship, established under section 3314.029 of the Revised	3710
Code, may assume the sponsorship of any schools with which the	3711
sponsor has contracted until the earlier of the expiration of two	3712
school years or until a new sponsor as described in division	3713
(C)(1) of section 3314.02 of the Revised Code is secured by the	3714
school's governing authority. The ~~department~~office of Ohio school	3715
sponsorship may extend the term of the contract in the case of a	3716
school for which it has assumed sponsorship under this division as	3717
necessary to accommodate the term of the department's	3718
authorization to sponsor the school specified in this division.	3719
Community schools sponsored under this division shall not apply to	3720
the limit on directly authorized community schools under division	3721
(A)(3) of section 3314.029 of the Revised Code. However, nothing	3722
in this division shall preclude a community school affected by	3723
this division from applying for sponsorship under that section.	3724

(D) The decision of the department to disapprove an entity	3725
for sponsorship of a community school or to revoke approval for	3726
such sponsorship under division (C) of this section, may be	3727
appealed by the entity in accordance with section 119.12 of the	3728
Revised Code.	3729

(E) The department shall adopt procedures for use by a	3730
community school governing authority and sponsor when the school	3731
permanently closes and ceases operation, which shall include at	3732
least procedures for data reporting to the department, handling of	3733
student records, distribution of assets in accordance with section	3734
3314.074 of the Revised Code, and other matters related to ceasing	3735
operation of the school.	3736

(F) In carrying out its duties under this chapter, the	3737
department shall not impose requirements on community schools or	3738
their sponsors that are not permitted by law or duly adopted	3739
rules.	3740

Sec. 3314.016. This section applies to any entity that	3741
sponsors a community school, regardless of whether section	3742
3314.021 or 3314.027 of the Revised Code exempts the entity from	3743
the requirement to be approved for sponsorship under divisions	3744
(A)(2) and (B)(1) of section 3314.015 of the Revised Code. The	3745
office of Ohio school sponsorship established under section	3746
3314.029 of the Revised Code shall be rated under division (D) of	3747
this section, but the prohibitions of divisions (A), (B), (C), and	3748
(E) of this section do not apply to the office.	3749

(A) An entity that sponsors a community school shall be	3750
permitted to enter into contracts under section 3314.03 of the	3751
Revised Code to sponsor additional community schools only if the	3752
entity meets both of the following criteria:	3753

(1) The entity is in compliance with all provisions of this	3754
chapter requiring sponsors of community schools to report data or	3755
information to the department of education.	3756

(2) The entity is not ranked in the lowest twenty per cent of	3757
community school sponsors on the ranking prescribed by division	3758
(B) of this section.	3759

(B)(1) For purposes of this section, the department shall	3760
develop a composite performance index score, as defined in section	3761
3302.01 of the Revised Code, that measures the academic	3762
performance of students enrolled in community schools sponsored by	3763
the same entity. In	3764

(2) In calculating ~~the~~an entity's composite performance	3765
index score, the department shall exclude all of the following:	3766

(a) All community schools that have been in operation for	3767
less than two full school years;	3768

(b) All community schools described in division (A)(3) of	3769
section 3314.35 of the Revised Code~~, but the department shall~~	3770
~~cease to exclude those schools beginning January 1, 2013, if the~~	3771
~~general assembly does not enact by that date separate performance~~	3772
~~standards for community schools that operate dropout prevention~~	3773
~~and recovery programs and for community schools that serve~~	3774
~~students with disabilities~~. ~~The~~	3775

(3) The department annually shall rank all entities that	3776
sponsor community schools from highest to lowest according to the	3777
entities' composite performance index scores and shall publish the	3778
rankings between the first day of October and the fifteenth day of	3779
October.	3780

(C) If the governing authority of a community school enters	3781
into a contract with a sponsor prior to the date on which the	3782
sponsor is prohibited from sponsoring additional schools under	3783
division (A) of this section and the school has not opened for	3784
operation as of that date, that contract shall be void and the	3785
school shall not open until the governing authority secures a new	3786
sponsor by entering into a contract with the new sponsor under	3787
section 3314.03 of the Revised Code.	3788

Sec. 3314.017. (A) Not later than December 31, 2014, the	3789
state board of education shall prescribe by rules, adopted in	3790
accordance with Chapter 119. of the Revised Code, an academic	3791
performance rating and report card system that satisfies the	3792
requirements of this section for community schools described in	3793
division (A)(3)(a) of section 3314.35 of the Revised Code, to be	3794
used in lieu of the system prescribed under sections 3302.03 and	3795
3314.012 of the Revised Code. Beginning with the 2014-2015 school	3796
year, the system developed under this section shall be used for	3797
community schools that primarily serve students enrolled in	3798
dropout prevention and recovery programs as described in division	3799
(A)(3)(a) of section 3314.35 of the Revised Code, and each such	3800
school shall comply with the testing and reporting requirements of	3801
the system as prescribed by the state board.	3802

(B) Pending development of the system prescribed by this	3803
section, for the 2012-2013 and 2013-2014 school years, the	3804
department shall not apply the rating and report card system	3805
prescribed by sections 3302.03 and 3314.012 of the Revised Code to	3806
any community school described in division (A)(3)(a) of section	3807
3314.35 of the Revised Code. No report card under those sections	3808
shall be issued for such schools for those school years. However,	3809
nothing in this section shall at any time relieve a school from	3810
its obligations under the "No Child Left Behind Act of 2001" to	3811
make "adequate yearly progress," as both that act and that term	3812
are defined in section 3302.01 of the Revised Code, or a school's	3813
amenability to the provisions of section 3302.04 or 3302.041 of	3814
the Revised Code. The department of education shall continue to	3815
report each school's performance as required by the act and to	3816
enforce applicable sanctions under section 3302.04 or 3302.041 of	3817
the Revised Code.	3818

(C) The state board shall prescribe the following performance	3819
indicators for the rating and report card system required by this	3820
section:	3821

(1) Graduation rate for each of the following student	3822
cohorts:	3823

(a) Percentage of students currently enrolled in a school who	3824
entered ninth grade for the first time four years prior to the	3825
current school year and earned a high school diploma by the	3826
completion of the current school year;	3827

(b) Percentage of students currently enrolled in a school who	3828
entered ninth grade for the first time five years prior to the	3829
current school year and earned a high school diploma by the	3830
completion of the current school year;	3831

(c) Percentage of students currently enrolled in a school who	3832
entered ninth grade for the first time six years prior to the	3833
current school year and earned a high school diploma by the	3834
completion of the current school year;	3835

(d) Percentage of students currently enrolled in a school who	3836
entered ninth grade for the first time seven years prior to the	3837
current school year and earned a high school diploma by the	3838
completion of the current school year;	3839

(e) Percentage of students currently enrolled in a school who	3840
entered ninth grade for the first time eight years prior to the	3841
current school year and earned a high school diploma by the	3842
completion of the current school year.	3843

(2) The percentage of twelfth-grade students currently	3844
enrolled in the school who are within three months of their	3845
twenty-second birthday and have attained the designated passing	3846
score on all of the applicable state high school achievement	3847
assessments required under division (B)(1) or (2) of section	3848
3301.0710 of the Revised Code by their twenty-second birthday.	3849

(3) Growth in annual student achievement in reading and	3850
mathematics as measured by separate nationally norm-referenced	3851
assessments, prescribed by the state board.	3852

(D) The state board shall prescribe the expected performance	3853
levels and benchmarks for each of the indicators prescribed by	3854
division (C) of this section based on the data gathered by the	3855
department under division (E) of this section. Based on a school's	3856
level of attainment or nonattainment of the expected performance	3857
levels and benchmarks for each of the indicators, the department	3858
shall rate each school in one of the following categories:	3859

(1) Exceeds standards;

3860

(2) Meets standards;

3861

(3) Does not meet standards.

3862

The rating and the relevant performance data for each school	3863
shall be posted on the department's web site.	3864

(E) In developing the rating and report card system required	3865
by this section, during the 2012-2013 and 2013-2014 school years,	3866
the department shall gather and analyze data as determined	3867
necessary from each community school described in division	3868
(A)(3)(a) of section 3314.35 of the Revised Code. Each such school	3869
shall cooperate with the department by supplying requested data	3870
and administering required assessments, including sample	3871
assessments for purposes of measuring student achievement growth	3872
as described in division (C)(3) of this section. The department	3873
shall consult with stakeholder groups in performing its duties	3874
under this division.	3875

Sec. 3314.019. (A)(1) Any community school established on or	3876
after the effective date of this section whose governing authority	3877
has entered into a contract with an operator that has operated a	3878
community school in the state for not less than five continuous	3879
school years may function as a hybrid community school in	3880
accordance with this section to provide students with a	3881
combination of technology-based instruction, including internet-	3882
or computer-based instruction, and classroom-based instruction.	3883
The contract adopted under section 3314.03 of the Revised Code	3884
shall describe the hybrid nature of the school's instructional	3885
program and prescribe an academic accountability plan.	3886

(2) The governing authority of any community school	3887
established prior to the effective date of this section that has	3888
entered into a contract with an operator that has operated a	3889
community school in the state for not less than five continuous	3890
school years, upon the approval of the school's sponsor, may	3891
restructure the school as a hybrid community school in accordance	3892
with this section to provide students with a combination of	3893
technology-based instruction and classroom-based instruction.	3894
Prior to the first day of July of the school year in which the	3895
school will be restructured, the governing authority and the	3896
school's sponsor shall amend the contract adopted under section	3897
3314.03 of the Revised Code to describe the hybrid nature of the	3898
school's instructional program, to prescribe an academic	3899
accountability plan, and to make any other changes necessary to	3900
conform the contract to the requirements of this section.	3901

(3) A hybrid community school is not subject to, and shall	3902
not count toward the cap imposed by, section 3314.013 of the	3903
Revised Code.	3904

(B)(1) The governing authority of each hybrid community	3905
school shall require each student enrolled in the school to do	3906
both of the following:	3907

(a) Primarily attend a designated site maintained by the	3908
governing authority that is within a twenty-mile radius of each	3909
student's resident district to receive instruction;	3910

(b) For the period of time the student does not attend the	3911
site maintained by the governing authority, work primarily from	3912
the student's residence on assignments in nonclassroom-based	3913
learning opportunities provided via a technology-based	3914
instructional method.	3915

(2) Before the beginning of each school year, the education	3916
team of each student enrolled in a community school established or	3917
restructured under this section shall determine the instructional	3918
program that best meets the student's needs, including the portion	3919
of the student's learning opportunities that shall be devoted to	3920
traditional classroom-based instruction and technology-based	3921
instruction. As used in this division, "education team" includes,	3922
but is not limited to, the chief administrative officer of the	3923
school, or the chief administrative officer's designee, the	3924
student, the student's parent or guardian, and any teacher	3925
requested by the chief administrative officer, student, or parent	3926
or guardian.	3927

(C) The designated site maintained by the school's governing	3928
authority for the provision of classroom-based instruction shall	3929
be located in a challenged school district or an adjacent school	3930
district. However, the challenged school district shall be	3931
considered the school district in which the school is located for	3932
all purposes of this chapter, including adopting an admission	3933
policy under division (A)(19) of section 3314.03 of the Revised	3934
Code.	3935

(D) Notwithstanding anything in this chapter or Chapter 3317.	3936
of the Revised Code to the contrary, all of the following apply	3937
with respect to each student enrolled in a hybrid community	3938
school:	3939

(1) The community school shall report monthly to the	3940
department of education the number of hours each school week that	3941
the student is required to attend the designated site described in	3942
division (C) of this section.	3943

(2) The department shall deduct from the school district	3944
reported for the student under division (B)(2)(h) of section	3945
3314.08 of the Revised Code the amounts prescribed under division	3946
(C) of section 3314.08 of the Revised Code that would be	3947
applicable if the student were enrolled in a community school	3948
other than an internet- or computer-based community school.	3949

(3) The department shall pay to the community school the sum	3950
of the following:	3951

(a) The amount calculated under divisions (D)(1) to (10) of	3952
section 3314.08 of the Revised Code;	3953

(b) Any amount prescribed by division (E) of section 3314.08	3954
of the Revised Code.	3955

(E) Except as provided in section 3314.091 of the Revised	3956
Code, the board of education of each city, local, and exempted	3957
village school district shall provide for its district's native	3958
students, in accordance with section 3327.01 of the Revised Code,	3959
transportation to and from the site described in division (C) of	3960
this section on each weekday the students are required to attend	3961
school at that site.	3962

As used in this division, "native student" has the same	3963
meaning as in section 3314.09 of the Revised Code.	3964

(F) A hybrid community school is not an internet- or	3965
computer-based community school for purposes of this chapter.	3966
Nevertheless, except as otherwise provided in this section, a	3967
hybrid community school shall comply with all requirements of this	3968
chapter, including any provisions that apply solely to an	3969
internet- or computer-based community school.	3970

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

3971

(1) "Sponsor" means the board of education of a school	3972
district or the governing board of an educational service center	3973
that agrees to the conversion of all or part of a school or	3974
building under division (B) of this section, or an entity listed	3975
in division (C)(1) of this section, which either has been approved	3976
by the department of education to sponsor community schools or is	3977
exempted by section 3314.021 or 3314.027 of the Revised Code from	3978
obtaining approval, and with which the governing authority of ~~the~~	3979
~~proposed~~a community school enters into a contract ~~pursuant to~~	3980
~~this~~under section 3314.03 of the Revised Code.	3981

(2) "Pilot project area" means the school districts included	3982
in the territory of the former community school pilot project	3983
established by former Section 50.52 of Am. Sub. H.B. No. 215 of	3984
the 122nd general assembly.	3985

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

3986

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

3987

(b) A school district that is either in a state of academic	3988
emergency or in a state of academic watch under section 3302.03 of	3989
the Revised Code;	3990

3991

(d) A school district ranked in the lowest five per cent of	3992
school districts according to performance index score under	3993
section 3302.21 of the Revised Code.	3994

(4) "Big eight school district" means a school district that	3995
for fiscal year 1997 had both of the following:	3996

(a) A percentage of children residing in the district and	3997
participating in the predecessor of Ohio works first greater than	3998
thirty per cent, as reported pursuant to section 3317.10 of the	3999
Revised Code;	4000

(b) An average daily membership greater than twelve thousand,	4001
as reported pursuant to former division (A) of section 3317.03 of	4002
the Revised Code.	4003

(5) "New start-up school" means a community school other than	4004
one created by converting all or part of an existing public school	4005
or educational service center building, as designated in the	4006
school's contract pursuant to division (A)(17) of section 3314.03	4007
of the Revised Code.	4008

(6) "Urban school district" means one of the state's	4009
twenty-one urban school districts as defined in division (O) of	4010
section 3317.02 of the Revised Code as that section existed prior	4011
to July 1, 1998.	4012

(7) "Internet- or computer-based community school" means a	4013
community school established under this chapter in which the	4014
enrolled students work primarily from their residences on	4015
assignments in nonclassroom-based learning opportunities provided	4016
via an internet- or other computer-based instructional method that	4017
does not rely on regular classroom instruction or via	4018
comprehensive instructional methods that include internet-based,	4019
other computer-based, and noncomputer-based learning	4020
opportunities.	4021

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

4022

(a) An individual or organization that manages the daily	4023
operations of a community school pursuant to a contract between	4024
the operator and the school's governing authority;	4025

(b) A nonprofit organization that provides programmatic	4026
oversight and support to a community school under a contract with	4027
the school's governing authority and that retains the right to	4028
terminate its affiliation with the school if the school fails to	4029
meet the organization's quality standards.	4030

(B) Any person or group of individuals may initially propose	4031
under this division the conversion of all or a portion of a public	4032
school or a building operated by an educational service center to	4033
a community school. The proposal shall be made to the board of	4034
education of the city, local, exempted village, or joint	4035
vocational school district in which the public school is proposed	4036
to be converted or, in the case of the conversion of a building	4037
operated by an educational service center, to the governing board	4038
of the service center. Upon receipt of a proposal, a board may	4039
enter into a preliminary agreement with the person or group	4040
proposing the conversion of the public school or service center	4041
building, indicating the intention of the board to support the	4042
conversion to a community school. A proposing person or group that	4043
has a preliminary agreement under this division may proceed to	4044
finalize plans for the school, establish a governing authority for	4045
the school, and negotiate a contract with the board. Provided the	4046
proposing person or group adheres to the preliminary agreement and	4047
all provisions of this chapter, the board shall negotiate in good	4048
faith to enter into a contract in accordance with section 3314.03	4049
of the Revised Code and division (C) of this section.	4050

(C)(1) Any person or group of individuals may propose under	4051
this division the establishment of a new start-up school to be	4052
located in a challenged school district. The proposal may be made	4053
to any of the following entities:	4054

(a) The board of education of the district in which the	4055
school is proposed to be located;	4056

(b) The board of education of any joint vocational school	4057
district with territory in the county in which is located the	4058
majority of the territory of the district in which the school is	4059
proposed to be located;	4060

(c) The board of education of any other city, local, or	4061
exempted village school district having territory in the same	4062
county where the district in which the school is proposed to be	4063
located has the major portion of its territory;	4064

(d) The governing board of any educational service center, as	4065
long as the proposed school will be located in a county within the	4066
territory of the service center or in a county contiguous to such	4067
county;	4068

(e) A sponsoring authority designated by the board of	4069
trustees of any of the thirteen state universities listed in	4070
section 3345.011 of the Revised Code or the board of trustees	4071
itself as long as a mission of the proposed school to be specified	4072
in the contract under division (A)(2) of section 3314.03 of the	4073
Revised Code and as approved by the department of education under	4074
division (B)(2) of section 3314.015 of the Revised Code will be	4075
the practical demonstration of teaching methods, educational	4076
technology, or other teaching practices that are included in the	4077
curriculum of the university's teacher preparation program	4078
approved by the state board of education;	4079

(f) Any qualified tax-exempt entity under section 501(c)(3)	4080
of the Internal Revenue Code as long as all of the following	4081
conditions are satisfied:	4082

(i) The entity has been in operation for at least five years	4083
prior to applying to be a community school sponsor.	4084

(ii) The entity has assets of at least five hundred thousand	4085
dollars and a demonstrated record of financial responsibility.	4086

(iii) The department of education has determined that the	4087
entity is an education-oriented entity under division (B)(3) of	4088
section 3314.015 of the Revised Code and the entity has a	4089
demonstrated record of successful implementation of educational	4090
programs.	4091

(iv) The entity is not a community school.

4092

Any entity described in division (C)(1) of this section may	4093
enter into a preliminary agreement pursuant to division (C)(2) of	4094
this section with the proposing person or group.	4095

(2) A preliminary agreement indicates the intention of an	4096
entity described in division (C)(1) of this section to sponsor the	4097
community school. A proposing person or group that has such a	4098
preliminary agreement may proceed to finalize plans for the	4099
school, establish a governing authority as described in division	4100
(E) of this section for the school, and negotiate a contract with	4101
the entity. Provided the proposing person or group adheres to the	4102
preliminary agreement and all provisions of this chapter, the	4103
entity shall negotiate in good faith to enter into a contract in	4104
accordance with section 3314.03 of the Revised Code.	4105

(3) A new start-up school that is established in a school	4106
district while that district is either in a state of academic	4107
emergency or in a state of academic watch under section 3302.03 of	4108
the Revised Code or ranked in the lowest five per cent according	4109
to performance index score under section 3302.21 of the Revised	4110
Code may continue in existence once the school district is no	4111
longer in a state of academic emergency or academic watch or	4112
ranked in the lowest five per cent according to performance index	4113
score, provided there is a valid contract between the school and a	4114
sponsor.	4115

(4) A copy of every preliminary agreement entered into under	4116
this division shall be filed with the superintendent of public	4117
instruction.	4118

(D) A majority vote of the board of a sponsoring entity and a	4119
majority vote of the members of the governing authority of a	4120
community school shall be required to adopt a contract and convert	4121
the public school or educational service center building to a	4122
community school or establish the new start-up school. Beginning	4123
September 29, 2005, adoption of the contract shall occur not later	4124
than the fifteenth day of March, and signing of the contract shall	4125
occur not later than the fifteenth day of May, prior to the school	4126
year in which the school will open. The governing authority shall	4127
notify the department of education when the contract has been	4128
signed. Subject to sections 3314.013 and 3314.016 of the Revised	4129
Code, an unlimited number of community schools may be established	4130
in any school district provided that a contract is entered into	4131
for each community school pursuant to this chapter.	4132

(E)(1) As used in this division, "immediate relatives" are	4133
limited to spouses, children, parents, grandparents, siblings, and	4134
in-laws.	4135

Each new start-up community school established under this	4136
chapter shall be under the direction of a governing authority	4137
which shall consist of a board of not less than five individuals.	4138

No person shall serve on the governing authority or operate	4139
the community school under contract with the governing authority	4140
so long as the person owes the state any money or is in a dispute	4141
over whether the person owes the state any money concerning the	4142
operation of a community school that has closed.	4143

(2) No person shall serve on the governing authorities of	4144
more than ~~two~~three start-up community schools at the same time.	4145

(3) No present or former member, or immediate relative of a	4146
present or former member, of the governing authority of any	4147
community school established under this chapter shall be an owner,	4148
employee, or consultant of any sponsor or operator of a community	4149
school, unless at least one year has elapsed since the conclusion	4150
of the person's membership.	4151

(4) The governing authority of a start-up community school	4152
may provide by resolution for the compensation of its members.	4153
However, no individual who serves on the governing authority of a	4154
start-up community school shall be compensated more than four	4155
hundred twenty-five dollars per meeting of that governing	4156
authority and no such individual shall be compensated more than a	4157
total amount of five thousand dollars per year for all governing	4158
authorities upon which the individual serves.	4159

(F)(1) A new start-up school that is established prior to	4160
August 15, 2003, in an urban school district that is not also a	4161
big-eight school district may continue to operate after that date	4162
and the contract between the school's governing authority and the	4163
school's sponsor may be renewed, as provided under this chapter,	4164
after that date, but no additional new start-up schools may be	4165
established in such a district unless the district is a challenged	4166
school district as defined in this section as it exists on and	4167
after that date.	4168

(2) A community school that was established prior to June 29,	4169
1999, and is located in a county contiguous to the pilot project	4170
area and in a school district that is not a challenged school	4171
district may continue to operate after that date, provided the	4172
school complies with all provisions of this chapter. The contract	4173
between the school's governing authority and the school's sponsor	4174
may be renewed, but no additional start-up community school may be	4175
established in that district unless the district is a challenged	4176
school district.	4177

(3) Any educational service center that, on June 30, 2007,	4178
sponsors a community school that is not located in a county within	4179
the territory of the service center or in a county contiguous to	4180
such county may continue to sponsor that community school on and	4181
after June 30, 2007, and may renew its contract with the school.	4182
However, the educational service center shall not enter into a	4183
contract with any additional community school unless the school is	4184
located in a county within the territory of the service center or	4185
in a county contiguous to such county.	4186

Sec. 3314.03. A copy of every contract entered into under	4187
this section shall be filed with the superintendent of public	4188
instruction.	4189

(A) Each contract entered into between a sponsor and the	4190
governing authority of a community school shall specify the	4191
following:	4192

(1) That the school shall be established as either of the	4193
following:	4194

(a) A nonprofit corporation established under Chapter 1702.	4195
of the Revised Code, if established prior to April 8, 2003;	4196

(b) A public benefit corporation established under Chapter	4197
1702. of the Revised Code, if established after April 8, 2003.	4198

(2) The education program of the school, including the	4199
school's mission, the characteristics of the students the school	4200
is expected to attract, the ages and grades of students, and the	4201
focus of the curriculum;	4202

(3) The academic goals to be achieved and the method of	4203
measurement that will be used to determine progress toward those	4204
goals, which shall include the statewide achievement assessments;	4205

(4) Performance standards by which the success of the school	4206
will be evaluated by the sponsor;	4207

(5) The admission standards of section 3314.06 of the Revised	4208
Code and, if applicable, section 3314.061 of the Revised Code;	4209

(6)(a) Dismissal procedures;

4210

(b) A requirement that the governing authority adopt an	4211
attendance policy that includes a procedure for automatically	4212
withdrawing a student from the school if the student without a	4213
legitimate excuse fails to participate in one hundred five	4214
consecutive hours of the learning opportunities offered to the	4215
student.	4216

(7) The ways by which the school will achieve racial and	4217
ethnic balance reflective of the community it serves;	4218

(8) Requirements for financial audits by the auditor of	4219
state. The contract shall require financial records of the school	4220
to be maintained in the same manner as are financial records of	4221
school districts, pursuant to rules of the auditor of state.	4222
Audits shall be conducted in accordance with section 117.10 of the	4223
Revised Code.	4224

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

4225

(10) Qualifications of teachers, including the following:

4226

(a) A requirement that the school's classroom teachers be	4227
licensed in accordance with sections 3319.22 to 3319.31 of the	4228
Revised Code, except that a community school may engage	4229
noncertificated persons to teach up to twelve hours per week	4230
pursuant to section 3319.301 of the Revised Code;	4231

(b) A requirement that each classroom teacher initially hired	4232
by the school on or after July 1, 2013, and employed to provide	4233
instruction in physical education hold a valid license issued	4234
pursuant to section 3319.22 of the Revised Code for teaching	4235
physical education.	4236

(11) That the school will comply with the following	4237
requirements:	4238

(a) The school will provide learning opportunities to a	4239
minimum of twenty-five students for a minimum of nine hundred	4240
twenty hours per school year.	4241

(b) The governing authority will purchase liability	4242
insurance, or otherwise provide for the potential liability of the	4243
school.	4244

(c) The school will be nonsectarian in its programs,	4245
admission policies, employment practices, and all other	4246
operations, and will not be operated by a sectarian school or	4247
religious institution.	4248

(d) The school will comply with sections 9.90, 9.91, 109.65,	4249
121.22, 149.43, 2151.357, 2151.421, 2313.19, 3301.0710, 3301.0711,	4250
3301.0712, 3301.0715, 3313.472, 3313.50, 3313.536, 3313.608,	4251
3313.609, 3313.6012, 3313.6013, 3313.6014, 3313.6015, 3313.643,	4252
3313.648, 3313.66, 3313.661, 3313.662, 3313.666, 3313.667,	4253
3313.67, 3313.671, 3313.672, 3313.673, 3313.69, 3313.71, 3313.716,	4254
3313.718, 3313.719, 3313.80, 3313.814, 3313.816, 3313.817,	4255
3313.86, 3313.96, 3319.073, 3319.321, 3319.39, 3319.391, 3319.41,	4256
3321.01, 3321.041, 3321.13, 3321.14, 3321.17, 3321.18, 3321.19,	4257
3321.191, 3327.10, 4111.17, 4113.52, and 5705.391 and Chapters	4258
117., 1347., 2744., 3365., 3742., 4112., 4123., 4141., and 4167.	4259
of the Revised Code as if it were a school district and will	4260
comply with section 3301.0714 of the Revised Code in the manner	4261
specified in section 3314.17 of the Revised Code.	4262

(e) The school shall comply with Chapter 102. and section	4263
2921.42 of the Revised Code.	4264

(f) The school will comply with sections 3313.61, 3313.611,	4265
and 3313.614 of the Revised Code, except that for students who	4266
enter ninth grade for the first time before July 1, 2010, the	4267
requirement in sections 3313.61 and 3313.611 of the Revised Code	4268
that a person must successfully complete the curriculum in any	4269
high school prior to receiving a high school diploma may be met by	4270
completing the curriculum adopted by the governing authority of	4271
the community school rather than the curriculum specified in Title	4272
XXXIII of the Revised Code or any rules of the state board of	4273
education. Beginning with students who enter ninth grade for the	4274
first time on or after July 1, 2010, the requirement in sections	4275
3313.61 and 3313.611 of the Revised Code that a person must	4276
successfully complete the curriculum of a high school prior to	4277
receiving a high school diploma shall be met by completing the	4278
Ohio core curriculum prescribed in division (C) of section	4279
3313.603 of the Revised Code, unless the person qualifies under	4280
division (D) or (F) of that section. Each school shall comply with	4281
the plan for awarding high school credit based on demonstration of	4282
subject area competency, adopted by the state board of education	4283
under division (J) of section 3313.603 of the Revised Code.	4284

(g) The school governing authority will submit within four	4285
months after the end of each school year a report of its	4286
activities and progress in meeting the goals and standards of	4287
divisions (A)(3) and (4) of this section and its financial status	4288
to the sponsor and the parents of all students enrolled in the	4289
school.	4290

(h) The school, unless it is an internet- or computer-based	4291
community school, will comply with ~~sections 3313.674 and~~section	4292
3313.801 of the Revised Code as if it were a school district.	4293

(i) If the school is the recipient of moneys from a grant	4294
awarded under the federal race to the top program, Division (A),	4295
Title XIV, Sections 14005 and 14006 of the "American Recovery and	4296
Reinvestment Act of 2009," Pub. L. No. 111-5, 123 Stat. 115, the	4297
school will pay teachers based upon performance in accordance with	4298
section 3317.141 and will comply with section 3319.111 of the	4299
Revised Code as if it were a school district.	4300

(12) Arrangements for providing health and other benefits to	4301
employees;	4302

(13) The length of the contract, which shall begin at the	4303
beginning of an academic year. No contract shall exceed five years	4304
unless such contract has been renewed pursuant to division (E) of	4305
this section.	4306

(14) The governing authority of the school, which shall be	4307
responsible for carrying out the provisions of the contract;	4308

(15) A financial plan detailing an estimated school budget	4309
for each year of the period of the contract and specifying the	4310
total estimated per pupil expenditure amount for each such year.	4311
The plan shall specify for each year the base formula amount that	4312
will be used for purposes of funding calculations under section	4313
3314.08 of the Revised Code. This base formula amount for any year	4314
shall not exceed the formula amount defined under section 3317.02	4315
of the Revised Code. The plan may also specify for any year a	4316
percentage figure to be used for reducing the per pupil amount of	4317
the subsidy calculated pursuant to section 3317.029 of the Revised	4318
Code the school is to receive that year under section 3314.08 of	4319
the Revised Code.	4320

(16) Requirements and procedures regarding the disposition of	4321
employees of the school in the event the contract is terminated or	4322
not renewed pursuant to section 3314.07 of the Revised Code;	4323

(17) Whether the school is to be created by converting all or	4324
part of an existing public school or educational service center	4325
building or is to be a new start-up school, and if it is a	4326
converted public school or service center building, specification	4327
of any duties or responsibilities of an employer that the board of	4328
education or service center governing board that operated the	4329
school or building before conversion is delegating to the	4330
governing authority of the community school with respect to all or	4331
any specified group of employees provided the delegation is not	4332
prohibited by a collective bargaining agreement applicable to such	4333
employees;	4334

(18) Provisions establishing procedures for resolving	4335
disputes or differences of opinion between the sponsor and the	4336
governing authority of the community school;	4337

(19) A provision requiring the governing authority to adopt a	4338
policy regarding the admission of students who reside outside the	4339
district in which the school is located. That policy shall comply	4340
with the admissions procedures specified in sections 3314.06 and	4341
3314.061 of the Revised Code and, at the sole discretion of the	4342
authority, shall do one of the following:	4343

(a) Prohibit the enrollment of students who reside outside	4344
the district in which the school is located;	4345

(b) Permit the enrollment of students who reside in districts	4346
adjacent to the district in which the school is located;	4347

(c) Permit the enrollment of students who reside in any other	4348
district in the state.	4349

(20) A provision recognizing the authority of the department	4350
of education to take over the sponsorship of the school in	4351
accordance with the provisions of division (C) of section 3314.015	4352
of the Revised Code;	4353

(21) A provision recognizing the sponsor's authority to	4354
assume the operation of a school under the conditions specified in	4355
division (B) of section 3314.073 of the Revised Code;	4356

(22) A provision recognizing both of the following:

4357

(a) The authority of public health and safety officials to	4358
inspect the facilities of the school and to order the facilities	4359
closed if those officials find that the facilities are not in	4360
compliance with health and safety laws and regulations;	4361

(b) The authority of the department of education as the	4362
community school oversight body to suspend the operation of the	4363
school under section 3314.072 of the Revised Code if the	4364
department has evidence of conditions or violations of law at the	4365
school that pose an imminent danger to the health and safety of	4366
the school's students and employees and the sponsor refuses to	4367
take such action.	4368

(23) A description of the learning opportunities that will be	4369
offered to students including both classroom-based and	4370
non-classroom-based learning opportunities that is in compliance	4371
with criteria for student participation established by the	4372
department under division (L)(2) of section 3314.08 of the Revised	4373
Code;	4374

(24) The school will comply with sections 3302.04 and	4375
3302.041 of the Revised Code, except that any action required to	4376
be taken by a school district pursuant to those sections shall be	4377
taken by the sponsor of the school. However, the sponsor shall not	4378
be required to take any action described in division (F) of	4379
section 3302.04 of the Revised Code.	4380

(25) Beginning in the 2006-2007 school year, the school will	4381
open for operation not later than the thirtieth day of September	4382
each school year, unless the mission of the school as specified	4383
under division (A)(2) of this section is solely to serve dropouts.	4384
In its initial year of operation, if the school fails to open by	4385
the thirtieth day of September, or within one year after the	4386
adoption of the contract pursuant to division (D) of section	4387
3314.02 of the Revised Code if the mission of the school is solely	4388
to serve dropouts, the contract shall be void.	4389

(B) The community school shall also submit to the sponsor a	4390
comprehensive plan for the school. The plan shall specify the	4391
following:	4392

(1) The process by which the governing authority of the	4393
school will be selected in the future;	4394

(2) The management and administration of the school;

4395

(3) If the community school is a currently existing public	4396
school or educational service center building, alternative	4397
arrangements for current public school students who choose not to	4398
attend the converted school and for teachers who choose not to	4399
teach in the school or building after conversion;	4400

(4) The instructional program and educational philosophy of	4401
the school;	4402

(5) Internal financial controls.

4403

(C) A contract entered into under section 3314.02 of the	4404
Revised Code between a sponsor and the governing authority of a	4405
community school may provide for the community school governing	4406
authority to make payments to the sponsor, which is hereby	4407
authorized to receive such payments as set forth in the contract	4408
between the governing authority and the sponsor. The total amount	4409
of such payments for oversight and monitoring of the school shall	4410
not exceed three per cent of the total amount of payments for	4411
operating expenses that the school receives from the state.	4412

(D) The contract shall specify the duties of the sponsor	4413
which shall be in accordance with the written agreement entered	4414
into with the department of education under division (B) of	4415
section 3314.015 of the Revised Code and shall include the	4416
following:	4417

(1) Monitor the community school's compliance with all laws	4418
applicable to the school and with the terms of the contract;	4419

(2) Monitor and evaluate the academic and fiscal performance	4420
and the organization and operation of the community school on at	4421
least an annual basis;	4422

(3) Report on an annual basis the results of the evaluation	4423
conducted under division (D)(2) of this section to the department	4424
of education and to the parents of students enrolled in the	4425
community school;	4426

(4) Provide technical assistance to the community school in	4427
complying with laws applicable to the school and terms of the	4428
contract;	4429

(5) Take steps to intervene in the school's operation to	4430
correct problems in the school's overall performance, declare the	4431
school to be on probationary status pursuant to section 3314.073	4432
of the Revised Code, suspend the operation of the school pursuant	4433
to section 3314.072 of the Revised Code, or terminate the contract	4434
of the school pursuant to section 3314.07 of the Revised Code as	4435
determined necessary by the sponsor;	4436

(6) Have in place a plan of action to be undertaken in the	4437
event the community school experiences financial difficulties or	4438
closes prior to the end of a school year.	4439

(E) Upon the expiration of a contract entered into under this	4440
section, the sponsor of a community school may, with the approval	4441
of the governing authority of the school, renew that contract for	4442
a period of time determined by the sponsor, but not ending earlier	4443
than the end of any school year, if the sponsor finds that the	4444
school's compliance with applicable laws and terms of the contract	4445
and the school's progress in meeting the academic goals prescribed	4446
in the contract have been satisfactory. Any contract that is	4447
renewed under this division remains subject to the provisions of	4448
sections 3314.07, 3314.072, and 3314.073 of the Revised Code.	4449

(F) If a community school fails to open for operation within	4450
one year after the contract entered into under this section is	4451
adopted pursuant to division (D) of section 3314.02 of the Revised	4452
Code or permanently closes prior to the expiration of the	4453
contract, the contract shall be void and the school shall not	4454
enter into a contract with any other sponsor. A school shall not	4455
be considered permanently closed because the operations of the	4456
school have been suspended pursuant to section 3314.072 of the	4457
Revised Code.	4458

Sec. 3314.05. (A) The contract between the community school	4459
and the sponsor shall specify the facilities to be used for the	4460
community school and the method of acquisition. Except as provided	4461
in divisions (B)(3) and (4) of this section, no community school	4462
shall be established in more than one school district under the	4463
same contract.	4464

(B) Division (B) of this section shall not apply to internet-	4465
or computer-based community schools.	4466

(1) A community school may be located in multiple facilities	4467
under the same contract only if the limitations on availability of	4468
space prohibit serving all the grade levels specified in the	4469
contract in a single facility or division (B)(2), (3), or (4) of	4470
this section applies to the school. The school shall not offer the	4471
same grade level classrooms in more than one facility.	4472

(2) A community school may be located in multiple facilities	4473
under the same contract and, notwithstanding division (B)(1) of	4474
this section, may assign students in the same grade level to	4475
multiple facilities, as long as all of the following apply:	4476

(a) The governing authority of the community school filed a	4477
copy of its contract with the school's sponsor under section	4478
3314.03 of the Revised Code with the superintendent of public	4479
instruction on or before May 15, 2008.	4480

(b) The school was not open for operation prior to July 1,	4481
2008.	4482

(c) The governing authority has entered into and maintains a	4483
contract with an operator of the type described in division	4484
(A)(8)(b) of section 3314.02 of the Revised Code.	4485

(d) The contract with that operator qualified the school to	4486
be established pursuant to division (A) of former section 3314.016	4487
of the Revised Code.	4488

(e) Section 3314.017 of the Revised Code does not apply to	4489
the school.	4490

(f) The school's rating under section 3302.03 of the Revised	4491
Code does not fall below "in need of continuous improvement" for	4492
two or more consecutive years.	4493

(3) A new start-up community school may be established in two	4494
school districts under the same contract if all of the following	4495
apply:	4496

(a) At least one of the school districts in which the school	4497
is established is a challenged school district;	4498

(b) The school operates not more than one facility in each	4499
school district and, in accordance with division (B)(1) of this	4500
section, the school does not offer the same grade level classrooms	4501
in both facilities; and	4502

(c) Transportation between the two facilities does not	4503
require more than thirty minutes of direct travel time as measured	4504
by school bus.	4505

In the case of a community school to which division (B)(3) of	4506
this section applies, if only one of the school districts in which	4507
the school is established is a challenged school district, that	4508
district shall be considered the school's primary location and the	4509
district in which the school is located for the purposes of	4510
division (A)(19) of section 3314.03 and divisions (C) and (H) of	4511
section 3314.06 of the Revised Code and for all other purposes of	4512
this chapter. If both of the school districts in which the school	4513
is established are challenged school districts, the school's	4514
governing authority shall designate one of those districts to be	4515
considered the school's primary location and the district in which	4516
the school is located for the purposes of those divisions and all	4517
other purposes of this chapter and shall notify the department of	4518
education of that designation.	4519

(4) A community school may be located in multiple facilities	4520
under the same contract and, notwithstanding division (B)(1) of	4521
this section, may assign students in the same grade level to	4522
multiple facilities, as long as both of the following apply:	4523

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

4524

(b) The governing authority has entered into and maintains a	4525
contract with an operator.	4526

In the case of a community school to which division (B)(4) of	4527
this section applies and that maintains facilities in more than	4528
one school district, the school's governing authority shall	4529
designate one of those districts to be considered the school's	4530
primary location and the district in which the school is located	4531
for the purposes of division (A)(19) of section 3314.03 and	4532
divisions (C) and (H) of section 3314.06 of the Revised Code and	4533
for all other purposes of this chapter and shall notify the	4534
department of that designation.	4535

(5) Any facility used for a community school shall meet all	4536
health and safety standards established by law for school	4537
buildings.	4538

(C) In the case where a community school is proposed to be	4539
located in a facility owned by a school district or educational	4540
service center, the facility may not be used for such community	4541
school unless the district or service center board owning the	4542
facility enters into an agreement for the community school to	4543
utilize the facility. Use of the facility may be under any terms	4544
and conditions agreed to by the district or service center board	4545
and the school.	4546

(D) Two or more separate community schools may be located in	4547
the same facility.	4548

(E) In the case of a community school that is located in	4549
multiple facilities, beginning July 1, 2012, the department shall	4550
assign a unique identification number to the school and to each	4551
facility maintained by the school. Each number shall be used for	4552
identification purposes only. Nothing in this division shall be	4553
construed to require the department to calculate the amount of	4554
funds paid under this chapter, or to compute any data required for	4555
the report cards issued under section 3314.012 or 3314.017 of the	4556
Revised Code, for each facility separately. The department shall	4557
make all such calculations or computations for the school as a	4558
whole.	4559

Sec. 3314.08. The deductions under division (C) and the	4560
payments under division (D) of this section for fiscal years 2012	4561
and 2013 shall be made in accordance with section 3314.088 of the	4562
Revised Code.	4563

(A) As used in this section:

4564

(1) "Base formula amount" means the amount specified as such	4565
in a community school's financial plan for a school year pursuant	4566
to division (A)(15) of section 3314.03 of the Revised Code.	4567

(2) "IEP" has the same meaning as in section 3323.01 of the	4568
Revised Code.	4569

(3) "Applicable special education weight" means the multiple	4570
specified in section 3317.013 of the Revised Code for a disability	4571
described in that section.	4572

(4) "Applicable vocational education weight" means:

4573

(a) For a student enrolled in vocational education programs	4574
or classes described in division (A) of section 3317.014 of the	4575
Revised Code, the multiple specified in that division;	4576

(b) For a student enrolled in vocational education programs	4577
or classes described in division (B) of section 3317.014 of the	4578
Revised Code, the multiple specified in that division.	4579

(5) "Entitled to attend school" means entitled to attend	4580
school in a district under section 3313.64 or 3313.65 of the	4581
Revised Code.	4582

(6) A community school student is "included in the poverty	4583
student count" of a school district if the student is entitled to	4584
attend school in the district and the student's family receives	4585
assistance under the Ohio works first program.	4586

(7) "Poverty-based assistance reduction factor" means the	4587
percentage figure, if any, for reducing the per pupil amount of	4588
poverty-based assistance a community school is entitled to receive	4589
pursuant to divisions (D)(5) to (9) of this section in any year,	4590
as specified in the school's financial plan for the year pursuant	4591
to division (A)(15) of section 3314.03 of the Revised Code.	4592

(8) "All-day kindergarten" has the same meaning as in section	4593
3321.05 of the Revised Code.	4594

(9) "State education aid" has the same meaning as in section	4595
5751.20 of the Revised Code.	4596

(B) The state board of education shall adopt rules requiring	4597
both of the following:	4598

(1) The board of education of each city, exempted village,	4599
and local school district to annually report the number of	4600
students entitled to attend school in the district who are	4601
enrolled in grades one through twelve in a community school	4602
established under this chapter, the number of students entitled to	4603
attend school in the district who are enrolled in kindergarten in	4604
a community school, the number of those kindergartners who are	4605
enrolled in all-day kindergarten in their community school, and	4606
for each child, the community school in which the child is	4607
enrolled.	4608

(2) The governing authority of each community school	4609
established under this chapter to annually report all of the	4610
following:	4611

(a) The number of students enrolled in grades one through	4612
twelve and the number of students enrolled in kindergarten in the	4613
school who are not receiving special education and related	4614
services pursuant to an IEP;	4615

(b) The number of enrolled students in grades one through	4616
twelve and the number of enrolled students in kindergarten, who	4617
are receiving special education and related services pursuant to	4618
an IEP;	4619

(c) The number of students reported under division (B)(2)(b)	4620
of this section receiving special education and related services	4621
pursuant to an IEP for a disability described in each of divisions	4622
(A) to (F) of section 3317.013 of the Revised Code;	4623

(d) The full-time equivalent number of students reported	4624
under divisions (B)(2)(a) and (b) of this section who are enrolled	4625
in vocational education programs or classes described in each of	4626
divisions (A) and (B) of section 3317.014 of the Revised Code that	4627
are provided by the community school;	4628

(e) Twenty per cent of the number of students reported under	4629
divisions (B)(2)(a) and (b) of this section who are not reported	4630
under division (B)(2)(d) of this section but who are enrolled in	4631
vocational education programs or classes described in each of	4632
divisions (A) and (B) of section 3317.014 of the Revised Code at a	4633
joint vocational school district under a contract between the	4634
community school and the joint vocational school district and are	4635
entitled to attend school in a city, local, or exempted village	4636
school district whose territory is part of the territory of the	4637
joint vocational school district;	4638

(f) The number of enrolled preschool children with	4639
disabilities receiving special education services in a	4640
state-funded unit;	4641

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

4642

(h) For each student, the city, exempted village, or local	4643
school district in which the student is entitled to attend school;	4644

(i) Any poverty-based assistance reduction factor that	4645
applies to a school year.	4646

(C) From the state education aid calculated for a city,	4647
exempted village, or local school district and, if necessary, from	4648
the payment made to the district under sections 321.24 and 323.156	4649
of the Revised Code, the department of education shall annually	4650
subtract the sum of the amounts described in divisions (C)(1) to	4651
(9) of this section. However, when deducting payments on behalf of	4652
students enrolled in internet- or computer-based community	4653
schools, the department shall deduct only those amounts described	4654
in divisions (C)(1) and (2) of this section. Furthermore, the	4655
aggregate amount deducted under this division shall not exceed the	4656
sum of the district's state education aid and its payment under	4657
sections 321.24 and 323.156 of the Revised Code.	4658

(1) An amount equal to the sum of the amounts obtained when,	4659
for each community school where the district's students are	4660
enrolled, the number of the district's students reported under	4661
divisions (B)(2)(a), (b), and (e) of this section who are enrolled	4662
in grades one through twelve, and one-half the number of students	4663
reported under those divisions who are enrolled in kindergarten,	4664
in that community school is multiplied by the sum of the base	4665
formula amount of that community school plus the per pupil amount	4666
of the base funding supplements specified in divisions (C)(1) to	4667
(4) of section 3317.012 of the Revised Code.	4668

(2) The sum of the amounts calculated under divisions	4669
(C)(2)(a) and (b) of this section:	4670

(a) For each of the district's students reported under	4671
division (B)(2)(c) of this section as enrolled in a community	4672
school in grades one through twelve and receiving special	4673
education and related services pursuant to an IEP for a disability	4674
described in section 3317.013 of the Revised Code, the product of	4675
the applicable special education weight times the community	4676
school's base formula amount;	4677

(b) For each of the district's students reported under	4678
division (B)(2)(c) of this section as enrolled in kindergarten in	4679
a community school and receiving special education and related	4680
services pursuant to an IEP for a disability described in section	4681
3317.013 of the Revised Code, one-half of the amount calculated as	4682
prescribed in division (C)(2)(a) of this section.	4683

(3) For each of the district's students reported under	4684
division (B)(2)(d) of this section for whom payment is made under	4685
division (D)(4) of this section, the amount of that payment;	4686

(4) An amount equal to the sum of the amounts obtained when,	4687
for each community school where the district's students are	4688
enrolled, the number of the district's students enrolled in that	4689
community school who are included in the district's poverty	4690
student count is multiplied by the per pupil amount of	4691
poverty-based assistance the school district receives that year	4692
pursuant to division (C) of section 3317.029 of the Revised Code,	4693
as adjusted by any poverty-based assistance reduction factor of	4694
that community school. The per pupil amount of that aid for the	4695
district shall be calculated by the department.	4696

(5) An amount equal to the sum of the amounts obtained when,	4697
for each community school where the district's students are	4698
enrolled, the district's per pupil amount of aid received under	4699
division (E) of section 3317.029 of the Revised Code, as adjusted	4700
by any poverty-based assistance reduction factor of the community	4701
school, is multiplied by the sum of the following:	4702

(a) The number of the district's students reported under	4703
division (B)(2)(a) of this section who are enrolled in grades one	4704
to three in that community school and who are not receiving	4705
special education and related services pursuant to an IEP;	4706

(b) One-half of the district's students who are enrolled in	4707
all-day or any other kindergarten class in that community school	4708
and who are not receiving special education and related services	4709
pursuant to an IEP;	4710

(c) One-half of the district's students who are enrolled in	4711
all-day kindergarten in that community school and who are not	4712
receiving special education and related services pursuant to an	4713
IEP.	4714

The district's per pupil amount of aid under division (E) of	4715
section 3317.029 of the Revised Code is the quotient of the amount	4716
the district received under that division divided by the	4717
district's kindergarten through third grade ADM, as defined in	4718
that section.	4719

(6) An amount equal to the sum of the amounts obtained when,	4720
for each community school where the district's students are	4721
enrolled, the district's per pupil amount received under division	4722
(F) of section 3317.029 of the Revised Code, as adjusted by any	4723
poverty-based assistance reduction factor of that community	4724
school, is multiplied by the number of the district's students	4725
enrolled in the community school who are identified as	4726
limited-English proficient.	4727

(7) An amount equal to the sum of the amounts obtained when,	4728
for each community school where the district's students are	4729
enrolled, the district's per pupil amount received under division	4730
(G) of section 3317.029 of the Revised Code, as adjusted by any	4731
poverty-based assistance reduction factor of that community	4732
school, is multiplied by the sum of the following:	4733

(a) The number of the district's students enrolled in grades	4734
one through twelve in that community school;	4735

(b) One-half of the number of the district's students	4736
enrolled in kindergarten in that community school.	4737

The district's per pupil amount under division (G) of section	4738
3317.029 of the Revised Code is the district's amount per teacher	4739
calculated under division (G)(1) or (2) of that section divided by	4740
17.	4741

(8) An amount equal to the sum of the amounts obtained when,	4742
for each community school where the district's students are	4743
enrolled, the district's per pupil amount received under divisions	4744
(H) and (I) of section 3317.029 of the Revised Code, as adjusted	4745
by any poverty-based assistance reduction factor of that community	4746
school, is multiplied by the sum of the following:	4747

(a) The number of the district's students enrolled in grades	4748
one through twelve in that community school;	4749

(b) One-half of the number of the district's students	4750
enrolled in kindergarten in that community school.	4751

The district's per pupil amount under divisions (H) and (I)	4752
of section 3317.029 of the Revised Code is the amount calculated	4753
under each division divided by the district's formula ADM, as	4754
defined in section 3317.02 of the Revised Code.	4755

(9) An amount equal to the per pupil state parity aid funding	4756
calculated for the school district under either division (C) or	4757
(D) of section 3317.0217 of the Revised Code multiplied by the sum	4758
of the number of students in grades one through twelve, and	4759
one-half of the number of students in kindergarten, who are	4760
entitled to attend school in the district and are enrolled in a	4761
community school as reported under division (B)(1) of this	4762
section.	4763

(D) The department shall annually pay to a community school	4764
established under this chapter the sum of the amounts described in	4765
divisions (D)(1) to (10) of this section. However, the department	4766
shall calculate and pay to each internet- or computer-based	4767
community school only the amounts described in divisions (D)(1) to	4768
(3) of this section. Furthermore, the sum of the payments to all	4769
community schools under divisions (D)(1), (2), and (4) to (10) of	4770
this section for the students entitled to attend school in any	4771
particular school district shall not exceed the sum of that	4772
district's state education aid and its payment under sections	4773
321.24 and 323.156 of the Revised Code. If the sum of the payments	4774
calculated under those divisions for the students entitled to	4775
attend school in a particular school district exceeds the sum of	4776
that district's state education aid and its payment under sections	4777
321.24 and 323.156 of the Revised Code, the department shall	4778
calculate and apply a proration factor to the payments to all	4779
community schools under those divisions for the students entitled	4780
to attend school in that district.	4781

(1) An amount equal to the sum of the amounts obtained when	4782
the number of students enrolled in grades one through twelve, plus	4783
one-half of the kindergarten students in the school, reported	4784
under divisions (B)(2)(a), (b), and (e) of this section who are	4785
not receiving special education and related services pursuant to	4786
an IEP for a disability described in section 3317.013 of the	4787
Revised Code is multiplied by the sum of the community school's	4788
base formula amount plus the per pupil amount of the base funding	4789
supplements specified in divisions (C)(1) to (4) of section	4790
3317.012 of the Revised Code.	4791

(2) The sum of the following amounts:

4792

(a) For each student reported under division (B)(2)(c) of	4793
this section as enrolled in the school in grades one through	4794
twelve and receiving special education and related services	4795
pursuant to an IEP for a disability described in section 3317.013	4796
of the Revised Code, the following amount:	4797

(the school's base formula amount plus	4798

the per pupil amount of the base funding supplements specified in	4799

divisions (C)(1) to (4) of section 3317.012 of the Revised Code)	4800

+ (the applicable special education weight X the	4801

community school's base formula amount);	4802

(b) For each student reported under division (B)(2)(c) of	4803
this section as enrolled in kindergarten and receiving special	4804
education and related services pursuant to an IEP for a disability	4805
described in section 3317.013 of the Revised Code, one-half of the	4806
amount calculated under the formula prescribed in division	4807
(D)(2)(a) of this section.	4808

(3) An amount received from federal funds to provide special	4809
education and related services to students in the community	4810
school, as determined by the superintendent of public instruction.	4811

(4) For each student reported under division (B)(2)(d) of	4812
this section as enrolled in vocational education programs or	4813
classes that are described in section 3317.014 of the Revised	4814
Code, are provided by the community school, and are comparable as	4815
determined by the superintendent of public instruction to school	4816
district vocational education programs and classes eligible for	4817
state weighted funding under section 3317.014 of the Revised Code,	4818
an amount equal to the applicable vocational education weight	4819
times the community school's base formula amount times the	4820
percentage of time the student spends in the vocational education	4821
programs or classes.	4822

(5) An amount equal to the sum of the amounts obtained when,	4823
for each school district where the community school's students are	4824
entitled to attend school, the number of that district's students	4825
enrolled in the community school who are included in the	4826
district's poverty student count is multiplied by the per pupil	4827
amount of poverty-based assistance that school district receives	4828
that year pursuant to division (C) of section 3317.029 of the	4829
Revised Code, as adjusted by any poverty-based assistance	4830
reduction factor of the community school. The per pupil amount of	4831
aid shall be determined as described in division (C)(4) of this	4832
section.	4833

(6) An amount equal to the sum of the amounts obtained when,	4834
for each school district where the community school's students are	4835
entitled to attend school, the district's per pupil amount of aid	4836
received under division (E) of section 3317.029 of the Revised	4837
Code, as adjusted by any poverty-based assistance reduction factor	4838
of the community school, is multiplied by the sum of the	4839
following:	4840

(a) The number of the district's students reported under	4841
division (B)(2)(a) of this section who are enrolled in grades one	4842
to three in that community school and who are not receiving	4843
special education and related services pursuant to an IEP;	4844

(b) One-half of the district's students who are enrolled in	4845
all-day or any other kindergarten class in that community school	4846
and who are not receiving special education and related services	4847
pursuant to an IEP;	4848

(c) One-half of the district's students who are enrolled in	4849
all-day kindergarten in that community school and who are not	4850
receiving special education and related services pursuant to an	4851
IEP.	4852

The district's per pupil amount of aid under division (E) of	4853
section 3317.029 of the Revised Code shall be determined as	4854
described in division (C)(5) of this section.	4855

(7) An amount equal to the sum of the amounts obtained when,	4856
for each school district where the community school's students are	4857
entitled to attend school, the number of that district's students	4858
enrolled in the community school who are identified as	4859
limited-English proficient is multiplied by the district's per	4860
pupil amount received under division (F) of section 3317.029 of	4861
the Revised Code, as adjusted by any poverty-based assistance	4862
reduction factor of the community school.	4863

(8) An amount equal to the sum of the amounts obtained when,	4864
for each school district where the community school's students are	4865
entitled to attend school, the district's per pupil amount	4866
received under division (G) of section 3317.029 of the Revised	4867
Code, as adjusted by any poverty-based assistance reduction factor	4868
of the community school, is multiplied by the sum of the	4869
following:	4870

(a) The number of the district's students enrolled in grades	4871
one through twelve in that community school;	4872

(b) One-half of the number of the district's students	4873
enrolled in kindergarten in that community school.	4874

The district's per pupil amount under division (G) of section	4875
3317.029 of the Revised Code shall be determined as described in	4876
division (C)(7) of this section.	4877

(9) An amount equal to the sum of the amounts obtained when,	4878
for each school district where the community school's students are	4879
entitled to attend school, the district's per pupil amount	4880
received under divisions (H) and (I) of section 3317.029 of the	4881
Revised Code, as adjusted by any poverty-based assistance	4882
reduction factor of the community school, is multiplied by the sum	4883
of the following:	4884

(a) The number of the district's students enrolled in grades	4885
one through twelve in that community school;	4886

(b) One-half of the number of the district's students	4887
enrolled in kindergarten in that community school.	4888

The district's per pupil amount under divisions (H) and (I)	4889
of section 3317.029 of the Revised Code shall be determined as	4890
described in division (C)(8) of this section.	4891

(10) An amount equal to the sum of the amounts obtained when,	4892
for each school district where the community school's students are	4893
entitled to attend school, the district's per pupil amount of	4894
state parity aid funding calculated under either division (C) or	4895
(D) of section 3317.0217 of the Revised Code is multiplied by the	4896
sum of the number of that district's students enrolled in grades	4897
one through twelve, and one-half of the number of that district's	4898
students enrolled in kindergarten, in the community school as	4899
reported under divisions (B)(2)(a) and (b) of this section.	4900

(E)(1) If a community school's costs for a fiscal year for a	4901
student receiving special education and related services pursuant	4902
to an IEP for a disability described in divisions (B) to (F) of	4903
section 3317.013 of the Revised Code exceed the threshold	4904
catastrophic cost for serving the student as specified in division	4905
(C)(3)(b) of section 3317.022 of the Revised Code, the school may	4906
submit to the superintendent of public instruction documentation,	4907
as prescribed by the superintendent, of all its costs for that	4908
student. Upon submission of documentation for a student of the	4909
type and in the manner prescribed, the department shall pay to the	4910
community school an amount equal to the school's costs for the	4911
student in excess of the threshold catastrophic costs.	4912

(2) The community school shall only report under division	4913
(E)(1) of this section, and the department shall only pay for, the	4914
costs of educational expenses and the related services provided to	4915
the student in accordance with the student's individualized	4916
education program. Any legal fees, court costs, or other costs	4917
associated with any cause of action relating to the student may	4918
not be included in the amount.	4919

(F) A community school may apply to the department of	4920
education for preschool children with disabilities unit funding	4921
the school would receive if it were a school district. Upon	4922
request of its governing authority, a community school that	4923
received such unit funding as a school district-operated school	4924
before it became a community school shall retain any units awarded	4925
to it as a school district-operated school provided the school	4926
continues to meet eligibility standards for the unit.	4927

A community school shall be considered a school district and	4928
its governing authority shall be considered a board of education	4929
for the purpose of applying to any state or federal agency for	4930
grants that a school district may receive under federal or state	4931
law or any appropriations act of the general assembly. The	4932
governing authority of a community school may apply to any private	4933
entity for additional funds.	4934

(G) A board of education sponsoring a community school may	4935
utilize local funds to make enhancement grants to the school or	4936
may agree, either as part of the contract or separately, to	4937
provide any specific services to the community school at no cost	4938
to the school.	4939

(H) A community school may not levy taxes or issue bonds	4940
secured by tax revenues.	4941

(I) No community school shall charge tuition for the	4942
enrollment of any student.	4943

(J)(1)(a) A community school may borrow money to pay any	4944
necessary and actual expenses of the school in anticipation of the	4945
receipt of any portion of the payments to be received by the	4946
school pursuant to division (D) of this section. The school may	4947
issue notes to evidence such borrowing. The proceeds of the notes	4948
shall be used only for the purposes for which the anticipated	4949
receipts may be lawfully expended by the school.	4950

(b) A school may also borrow money for a term not to exceed	4951
fifteen years for the purpose of acquiring facilities.	4952

(2) Except for any amount guaranteed under section 3318.50 of	4953
the Revised Code, the state is not liable for debt incurred by the	4954
governing authority of a community school.	4955

(K) For purposes of determining the number of students for	4956
which divisions (D)(5) and (6) of this section applies in any	4957
school year, a community school may submit to the department of	4958
job and family services, no later than the first day of March, a	4959
list of the students enrolled in the school. For each student on	4960
the list, the community school shall indicate the student's name,	4961
address, and date of birth and the school district where the	4962
student is entitled to attend school. Upon receipt of a list under	4963
this division, the department of job and family services shall	4964
determine, for each school district where one or more students on	4965
the list is entitled to attend school, the number of students	4966
residing in that school district who were included in the	4967
department's report under section 3317.10 of the Revised Code. The	4968
department shall make this determination on the basis of	4969
information readily available to it. Upon making this	4970
determination and no later than ninety days after submission of	4971
the list by the community school, the department shall report to	4972
the state department of education the number of students on the	4973
list who reside in each school district who were included in the	4974
department's report under section 3317.10 of the Revised Code. In	4975
complying with this division, the department of job and family	4976
services shall not report to the state department of education any	4977
personally identifiable information on any student.	4978

(L) The department of education shall adjust the amounts	4979
subtracted and paid under divisions (C) and (D) of this section to	4980
reflect any enrollment of students in community schools for less	4981
than the equivalent of a full school year. The state board of	4982
education within ninety days after April 8, 2003, shall adopt in	4983
accordance with Chapter 119. of the Revised Code rules governing	4984
the payments to community schools under this section and section	4985
3314.13 of the Revised Code including initial payments in a school	4986
year and adjustments and reductions made in subsequent periodic	4987
payments to community schools and corresponding deductions from	4988
school district accounts as provided under divisions (C) and (D)	4989
of this section and section 3314.13 of the Revised Code. For	4990
purposes of this section and section 3314.13 of the Revised Code:	4991

(1) A student shall be considered enrolled in the community	4992
school for any portion of the school year the student is	4993
participating at a college under Chapter 3365. of the Revised	4994
Code.	4995

(2) A student shall be considered to be enrolled in a	4996
community school for the period of time beginning on the later of	4997
the date on which the school both has received documentation of	4998
the student's enrollment from a parent and the student has	4999
commenced participation in learning opportunities as defined in	5000
the contract with the sponsor, or thirty days prior to the date on	5001
which the student is entered into the education management	5002
information system established under section 3301.0714 of the	5003
Revised Code. For purposes of applying this division and divisions	5004
(L)(3) and (4) of this section to a community school student,	5005
"learning opportunities" shall be defined in the contract, which	5006
shall describe both classroom-based and non-classroom-based	5007
learning opportunities and shall be in compliance with criteria	5008
and documentation requirements for student participation which	5009
shall be established by the department. Any student's instruction	5010
time in non-classroom-based learning opportunities shall be	5011
certified by an employee of the community school. A student's	5012
enrollment shall be considered to cease on the date on which any	5013
of the following occur:	5014

(a) The community school receives documentation from a parent	5015
terminating enrollment of the student.	5016

(b) The community school is provided documentation of a	5017
student's enrollment in another public or private school.	5018

(c) The community school ceases to offer learning	5019
opportunities to the student pursuant to the terms of the contract	5020
with the sponsor or the operation of any provision of this	5021
chapter.	5022

Except as otherwise specified in this paragraph, beginning in	5023
the 2011-2012 school year, any student who completed the prior	5024
school year in an internet- or computer-based community school	5025
shall be considered to be enrolled in the same school in the	5026
subsequent school year until the student's enrollment has ceased	5027
as specified in division (L)(2) of this section. The department	5028
shall continue subtracting and paying amounts for the student	5029
under divisions (C) and (D) of this section without interruption	5030
at the start of the subsequent school year. However, if the	5031
student without a legitimate excuse fails to participate in the	5032
first one hundred five consecutive hours of learning opportunities	5033
offered to the student in that subsequent school year, the student	5034
shall be considered not to have re-enrolled in the school for that	5035
school year and the department shall recalculate the payments to	5036
the school for that school year to account for the fact that the	5037
student is not enrolled.	5038

(3) The department shall determine each community school	5039
student's percentage of full-time equivalency based on the	5040
percentage of learning opportunities offered by the community	5041
school to that student, reported either as number of hours or	5042
number of days, is of the total learning opportunities offered by	5043
the community school to a student who attends for the school's	5044
entire school year. However, no internet- or computer-based	5045
community school shall be credited for any time a student spends	5046
participating in learning opportunities beyond ten hours within	5047
any period of twenty-four consecutive hours. Whether it reports	5048
hours or days of learning opportunities, each community school	5049
shall offer not less than nine hundred twenty hours of learning	5050
opportunities during the school year.	5051

(4) With respect to the calculation of full-time equivalency	5052
under division (L)(3) of this section, the department shall waive	5053
the number of hours or days of learning opportunities not offered	5054
to a student because the community school was closed during the	5055
school year due to disease epidemic, hazardous weather conditions,	5056
law enforcement emergencies, inoperability of school buses or	5057
other equipment necessary to the school's operation, damage to a	5058
school building, or other temporary circumstances due to utility	5059
failure rendering the school building unfit for school use, so	5060
long as the school was actually open for instruction with students	5061
in attendance during that school year for not less than the	5062
minimum number of hours required by this chapter. The department	5063
shall treat the school as if it were open for instruction with	5064
students in attendance during the hours or days waived under this	5065
division.	5066

(M) The department of education shall reduce the amounts paid	5067
under division (D) of this section to reflect payments made to	5068
colleges under division (B) of section 3365.07 of the Revised Code	5069
or through alternative funding agreements entered into under rules	5070
adopted under section 3365.12 of the Revised Code.	5071

(N)(1) No student shall be considered enrolled in any	5072
internet- or computer-based community school or, if applicable to	5073
the student, in any community school that is required to provide	5074
the student with a computer pursuant to division (C) of section	5075
3314.22 of the Revised Code, unless both of the following	5076
conditions are satisfied:	5077

(a) The student possesses or has been provided with all	5078
required hardware and software materials and all such materials	5079
are operational so that the student is capable of fully	5080
participating in the learning opportunities specified in the	5081
contract between the school and the school's sponsor as required	5082
by division (A)(23) of section 3314.03 of the Revised Code;	5083

(b) The school is in compliance with division (A) of section	5084
3314.22 of the Revised Code, relative to such student.	5085

(2) In accordance with policies adopted jointly by the	5086
superintendent of public instruction and the auditor of state, the	5087
department shall reduce the amounts otherwise payable under	5088
division (D) of this section to any community school that includes	5089
in its program the provision of computer hardware and software	5090
materials to any student, if such hardware and software materials	5091
have not been delivered, installed, and activated for each such	5092
student in a timely manner or other educational materials or	5093
services have not been provided according to the contract between	5094
the individual community school and its sponsor.	5095

The superintendent of public instruction and the auditor of	5096
state shall jointly establish a method for auditing any community	5097
school to which this division pertains to ensure compliance with	5098
this section.	5099

The superintendent, auditor of state, and the governor shall	5100
jointly make recommendations to the general assembly for	5101
legislative changes that may be required to assure fiscal and	5102
academic accountability for such schools.	5103

(O)(1) If the department determines that a review of a	5104
community school's enrollment is necessary, such review shall be	5105
completed and written notice of the findings shall be provided to	5106
the governing authority of the community school and its sponsor	5107
within ninety days of the end of the community school's fiscal	5108
year, unless extended for a period not to exceed thirty additional	5109
days for one of the following reasons:	5110

(a) The department and the community school mutually agree to	5111
the extension.	5112

(b) Delays in data submission caused by either a community	5113
school or its sponsor.	5114

(2) If the review results in a finding that additional	5115
funding is owed to the school, such payment shall be made within	5116
thirty days of the written notice. If the review results in a	5117
finding that the community school owes moneys to the state, the	5118
following procedure shall apply:	5119

(a) Within ten business days of the receipt of the notice of	5120
findings, the community school may appeal the department's	5121
determination to the state board of education or its designee.	5122

(b) The board or its designee shall conduct an informal	5123
hearing on the matter within thirty days of receipt of such an	5124
appeal and shall issue a decision within fifteen days of the	5125
conclusion of the hearing.	5126

(c) If the board has enlisted a designee to conduct the	5127
hearing, the designee shall certify its decision to the board. The	5128
board may accept the decision of the designee or may reject the	5129
decision of the designee and issue its own decision on the matter.	5130

(d) Any decision made by the board under this division is	5131
final.	5132

(3) If it is decided that the community school owes moneys to	5133
the state, the department shall deduct such amount from the	5134
school's future payments in accordance with guidelines issued by	5135
the superintendent of public instruction.	5136

(P) The department shall not subtract from a school	5137
district's state aid account under division (C) of this section	5138
and shall not pay to a community school under division (D) of this	5139
section any amount for any of the following:	5140

(1) Any student who has graduated from the twelfth grade of a	5141
public or nonpublic high school;	5142

(2) Any student who is not a resident of the state;

5143

(3) Any student who was enrolled in the community school	5144
during the previous school year when assessments were administered	5145
under section 3301.0711 of the Revised Code but did not take one	5146
or more of the assessments required by that section and was not	5147
excused pursuant to division (C)(1) or (3) of that section, unless	5148
the superintendent of public instruction grants the student a	5149
waiver from the requirement to take the assessment and a parent is	5150
not paying tuition for the student pursuant to section 3314.26 of	5151
the Revised Code. The superintendent may grant a waiver only for	5152
good cause in accordance with rules adopted by the state board of	5153
education.	5154

(4) Any student who has attained the age of twenty-two years,	5155
except for veterans of the armed services whose attendance was	5156
interrupted before completing the recognized twelve-year course of	5157
the public schools by reason of induction or enlistment in the	5158
armed forces and who apply for enrollment in a community school	5159
not later than four years after termination of war or their	5160
honorable discharge. If, however, any such veteran elects to	5161
enroll in special courses organized for veterans for whom tuition	5162
is paid under federal law, or otherwise, the department shall not	5163
subtract from a school district's state aid account under division	5164
(C) of this section and shall not pay to a community school under	5165
division (D) of this section any amount for that veteran.	5166

Sec. 3314.11. (A) The board of education of each city,	5167
exempted village, and local school district monthly shall review	5168
enrollment for students enrolled in start-up community schools	5169
established under this chapter and entitled to attend school in	5170
the district under section 3313.64 or 3313.65 of the Revised Code.	5171
For each student, the district shall verify to the department of	5172
education both of the following:	5173

(1) The community school in which the student is enrolled;

5174

(2) That the student is entitled to attend school in the	5175
district under section 3313.64 or 3313.65 of the Revised Code.	5176

(B) In determining division (A)(2) of this section, the	5177
governing authority of a community school may adopt a policy that	5178
prescribes the number of documents listed in division (C) of this	5179
section required to verify a student's residency. This policy, if	5180
adopted, shall supersede any policy adopted by the district the	5181
student is entitled to attend. If a community school does not	5182
adopt a policy under this division, the policy of the school	5183
district in which the student is entitled to attend shall prevail.	5184

(C) For purposes of this section, the following documents	5185
belonging to the student's residential parent or legal guardian	5186
are a valid proof of residency:	5187

(1) A deed, mortgage, lease, current home owner's or renter's	5188
insurance declaration page, or current real property tax bill;	5189

(2) A utility bill or receipt of utility installation issued	5190
within ninety days of enrollment;	5191

(3) A valid vehicle registration;

5192

(4) A copy of the most recent tax return or W-2 form;

5193

(5) A voter registration card that is dated not more than two	5194
years earlier than the date of enrollment;	5195

(6) A paycheck or paystub issued within ninety days of the	5196
date of enrollment that includes the residential parent or legal	5197
custodian's address;	5198

(7) The most current available bank statement that includes	5199
the residential parent or legal custodian's address;	5200

(8) Any official document issued by an agency of the federal,	5201
state, or county government dated within ninety days of	5202
enrollment, including, but not limited to, documents issued by the	5203
social security administration, the bureau of workers'	5204
compensation, or a county department of job and family services.	5205
The superintendent of public instruction shall define what	5206
qualifies as an "official document" under this division.	5207

(D) When a student loses permanent housing and becomes a	5208
homeless child or youth, as defined in 42 U.S.C. 11434a, or when a	5209
child who is such a homeless child or youth changes temporary	5210
living arrangements, one of the following applies:	5211

(1) If the student was enrolled in a start-up community	5212
school prior to becoming homeless, the school district in which	5213
the student was entitled to attend school shall remain so.	5214

(2) If the student is homeless and enrolls in a start-up	5215
community school subsequent to becoming homeless, the student	5216
shall be entitled to attend school in the school district in which	5217
the student currently resides.	5218

In verifying a student's residence status under division (D)	5219
of this section, a school district shall accept, in addition to	5220
the documents listed in division (C) of this section, a notarized	5221
statement containing the address of the place where the student is	5222
residing signed by the student's residential parent or legal	5223
guardian or a notarized statement signed by the owner or lessee of	5224
a property in which a student is residing, as a student's proof of	5225
residency.	5226

(E) In the event of a disagreement as to which school	5227
district a student is entitled to attend, the superintendent of	5228
public instruction shall determine which district the student is	5229
entitled to attend.	5230

(F) The department shall not withhold payments to a community	5231
school based on a challenge brought by a school district	5232
concerning the community school's enrollment and student residency	5233
reports.	5234

(G) This section does not apply to students enrolled in	5235
conversion community schools.	5236

Sec. 3314.15. The governing authority of a community school,	5237
other than an internet- or computer-based community school, may	5238
screen students for body mass index and weight status category. If	5239
a governing authority elects to require the screenings, it shall	5240
comply with section 3313.674 of the Revised Code in the same	5241
manner required of a school district board of education.	5242

Sec. 3314.17. (A) Each community school established under	5243
this chapter shall participate in the statewide education	5244
management information system established under section 3301.0714	5245
of the Revised Code. All provisions of that section and the rules	5246
adopted under that section apply to each community school as if it	5247
were a school district, except as modified for community schools	5248
under division (B) of this section. Each community school shall	5249
comply with division ~~(B)~~(C) of section 3301.0723 of the Revised	5250
Code.	5251

(B) The rules adopted by the state board of education under	5252
section 3301.0714 of the Revised Code may distinguish methods and	5253
timelines for community schools to annually report data, which	5254
methods and timelines differ from those prescribed for school	5255
districts. Any methods and timelines prescribed for community	5256
schools shall be appropriate to the academic schedule and	5257
financing of community schools. The guidelines, however, shall not	5258
modify the actual data required to be reported under that section.	5259

(C) Each fiscal officer appointed under section 3314.011 of	5260
the Revised Code is responsible for annually reporting the	5261
community school's data under section 3301.0714 of the Revised	5262
Code. If the superintendent of public instruction determines that	5263
a community school fiscal officer has willfully failed to report	5264
data or has willfully reported erroneous, inaccurate, or	5265
incomplete data in any year, or has negligently reported	5266
erroneous, inaccurate, or incomplete data in the current and any	5267
previous year, the superintendent may impose a civil penalty of	5268
one hundred dollars on the fiscal officer after providing the	5269
officer with notice and an opportunity for a hearing in accordance	5270
with Chapter 119. of the Revised Code. The superintendent's	5271
authority to impose civil penalties under this division does not	5272
preclude the state board of education from suspending or revoking	5273
the license of a community school employee under division (N) of	5274
section 3301.0714 of the Revised Code.	5275

(D) No community school shall acquire, change, or update its	5276
student administration software package to manage and report data	5277
required to be reported to the department unless it converts to a	5278
student software package that is certified by the department.	5279

Sec. 3314.18. (A) Subject to division (C) of this section,	5280
the governing authority of each community school shall establish a	5281
breakfast program pursuant to the "National School Lunch Act," 60	5282
Stat. 230 (1946), 42 U.S.C. 1751, as amended, and the "Child	5283
Nutrition Act of 1966," 80 Stat. 885, 42 U.S.C. 1771, as amended,	5284
if at least one-fifth of the pupils in the school are eligible	5285
under federal requirements for free breakfasts, and shall	5286
establish a lunch program pursuant to those acts if at least	5287
one-fifth of the pupils are eligible for free lunches. The	5288
governing authority required to establish a breakfast program	5289
under this division may make a charge in accordance with federal	5290
requirements for each reduced price breakfast or paid breakfast to	5291
cover the cost incurred in providing that meal.	5292

(B) Subject to division (C) of this section, the governing	5293
authority of each community school shall establish one of the	5294
following for summer intervention services described in division	5295
(D) of section 3301.0711 ~~and~~or provided under section 3313.608 of	5296
the Revised Code, and any other summer intervention program	5297
required by law:	5298

(1) An extension of the school breakfast program pursuant to	5299
the "National School Lunch Act" and the "Child Nutrition Act of	5300
1966";	5301

(2) An extension of the school lunch program pursuant to	5302
those acts;	5303

(3) A summer food service program pursuant to those acts.

5304

(C) If the governing authority of a community school	5305
determines that, for financial reasons, it cannot comply with	5306
division (A) or (B) of this section, the governing authority may	5307
choose not to comply with either or both divisions. In that case,	5308
the governing authority shall communicate to the parents of its	5309
students, in the manner it determines appropriate, its decision	5310
not to comply.	5311

(D) The governing authority of each community school required	5312
to establish a school breakfast, school lunch, or summer food	5313
service program under this section shall apply for state and	5314
federal funds allocated by the state board of education under	5315
division (B) of section 3313.813 of the Revised Code and shall	5316
comply with the state board's standards adopted under that	5317
division.	5318

(E) The governing authority of any community school required	5319
to establish a breakfast program under this section or that elects	5320
to participate in a breakfast program pursuant to the "National	5321
School Lunch Act" and the "Child Nutrition Act of 1966" may offer	5322
breakfast to pupils in their classrooms during the school day.	5323

(F) Notwithstanding anything in this section to the contrary,	5324
in each fiscal year in which the general assembly appropriates	5325
funds for purposes of this division, the governing authority of	5326
each community school required to establish a breakfast program	5327
under this section or that elects to participate in a breakfast	5328
program pursuant to the "National School Lunch Act" and the "Child	5329
Nutrition Act of 1966" shall provide a breakfast free of charge to	5330
each pupil who is eligible under federal requirements for a	5331
reduced price breakfast.	5332

(G) This section does not apply to internet- or	5333
computer-based community schools.	5334

Sec. 3314.39. (A) Notwithstanding any provision to the	5335
contrary in this chapter, the provisions of this section prevail	5336
over conflicting provisions of other sections or items of law of	5337
this chapter. However, except as provided otherwise in this	5338
section, each community school established under this section	5339
shall operate in accordance with the provisions of this chapter.	5340

(B) Not later than January 31, 2013, the department of	5341
education shall issue a request for proposals to establish and	5342
operate a new start-up community school in each region of the	5343
educational regional service system, as prescribed by section	5344
3312.02 of the Revised Code, to serve primarily students	5345
identified as gifted under Chapter 3324. of the Revised Code.	5346

A proposal may be submitted by any school district,	5347
educational service center, institution of higher education,	5348
another community school, a STEM school established under Chapter	5349
3326. of the Revised Code, or a consortium of two or more such	5350
entities.	5351

The department shall select an entity to operate each of the	5352
community schools based upon the following criteria:	5353

(1) Capacity to provide the necessary facilities,	5354
appropriately trained personnel, and other resources;	5355

(2) Capability to serve identified gifted students in the	5356
region through one or more facilities;	5357

(3) Evidence that the entity will work collaboratively with	5358
other school districts and community schools in the region;	5359

(4) Evidence of an appropriate governance structure for the	5360
school;	5361

(5) A memorandum of understanding with an entity eligible to	5362
sponsor community schools under section 3314.02 of the Revised	5363
Code to sponsor the school;	5364

(6) Intent of the entity to open the school by September 30,	5365
2014.	5366

(C) A proposal may include recommendations for an alternate	5367
funding formula to calculate, or an alternate method to transmit,	5368
the amount to be paid to a community school established under this	5369
section. That alternate funding formula or alternate method to	5370
transmit payment shall not be implemented unless expressly	5371
approved by the superintendent of public instruction. No alternate	5372
funding formula or alternate method to transmit payment approved	5373
under this division shall result in any of the following:	5374

(1) A deduction from any school district for payments for a	5375
student enrolled in the community school that are greater than the	5376
aggregate amount that would be deducted under sections 3314.08 and	5377
3314.13 of the Revised Code for that student;	5378

(2) A tuition charge for any student enrolled in the school;

5379

(3) Denial of admission to the school of any identified	5380
gifted student residing in the state.	5381

(D) If no entity responds to the request for proposals or	5382
submits a proposal that satisfies the criteria prescribed by	5383
divisions (B)(1) to (6) of this section to operate a community	5384
school for a region, the department may select a school district,	5385
educational service center, institution of higher education, or	5386
STEM school to establish and operate the school for that region.	5387
In the event that the department selects a school district,	5388
educational service center, institution of higher education, or	5389
STEM school under this division to operate the school and no	5390
entity eligible to sponsor community schools under section 3314.02	5391
of Revised Code can be contracted to sponsor the school, the	5392
office of Ohio school sponsorship within the department shall act	5393
as the school's sponsor and shall have all of the powers and	5394
duties that apply to sponsors under this chapter, except that the	5395
office shall not be entitled to a sponsorship fee as otherwise	5396
authorized under division (B) of section 3314.029 or division (C)	5397
of section 3314.03 of the Revised Code. Community schools	5398
sponsored by the office under this division shall not apply to the	5399
limit on directly authorized community schools under division	5400
(A)(3) of section 3314.029 of the Revised Code.	5401

(E) The entity selected by the department to operate each	5402
community school shall be considered the school's operator and	5403
shall comply with all provisions of this chapter. Each school	5404
established under this section shall not be an internet- or other	5405
computer-based community school, but it may use internet- or other	5406
computer-based methods to provide services to enrolled students.	5407
The school may operate in multiple facilities in more than one	5408
school district. The school shall not be required to operate any	5409
facility in a challenged school district. Each school shall be	5410
open to all identified gifted students residing in the state.	5411

Sec. 3317.01. As used in this section, "school district,"	5412
unless otherwise specified, means any city, local, exempted	5413
village, joint vocational, or cooperative education school	5414
district and any educational service center.	5415

This chapter shall be administered by the state board of	5416
education. The superintendent of public instruction shall	5417
calculate the amounts payable to each school district and shall	5418
certify the amounts payable to each eligible district to the	5419
treasurer of the district as provided by this chapter. As soon as	5420
possible after such amounts are calculated, the superintendent	5421
shall certify to the treasurer of each school district the	5422
district's adjusted charge-off increase, as defined in section	5423
5705.211 of the Revised Code. No moneys shall be distributed	5424
pursuant to this chapter without the approval of the controlling	5425
board.	5426

The state board of education shall, in accordance with	5427
appropriations made by the general assembly, meet the financial	5428
obligations of this chapter.	5429

Moneys distributed pursuant to this chapter shall be	5430
calculated and paid on a fiscal year basis, beginning with the	5431
first day of July and extending through the thirtieth day of June.	5432
The moneys appropriated for each fiscal year shall be distributed	5433
periodically to each school district unless otherwise provided	5434
for. The state board, in June of each year, shall submit to the	5435
controlling board the state board's year-end distributions	5436
pursuant to this chapter.	5437

Except as otherwise provided, payments under this chapter	5438
shall be made only to those school districts in which:	5439

(A) The school district, except for any educational service	5440
center and any joint vocational or cooperative education school	5441
district, levies for current operating expenses at least twenty	5442
mills. Levies for joint vocational or cooperative education school	5443
districts or county school financing districts, limited to or to	5444
the extent apportioned to current expenses, shall be included in	5445
this qualification requirement. School district income tax levies	5446
under Chapter 5748. of the Revised Code, limited to or to the	5447
extent apportioned to current operating expenses, shall be	5448
included in this qualification requirement to the extent	5449
determined by the tax commissioner under division (D) of section	5450
3317.021 of the Revised Code.	5451

(B) The school year next preceding the fiscal year for which	5452
such payments are authorized meets the requirement of section	5453
3313.48 or 3313.481 of the Revised Code, with regard to the	5454
minimum number of days or hours school must be open for	5455
instruction with pupils in attendance, for individualized	5456
parent-teacher conference and reporting periods, and for	5457
professional meetings of teachers. This requirement shall be	5458
waived by the superintendent of public instruction if it had been	5459
necessary for a school to be closed because of disease epidemic,	5460
hazardous weather conditions, law enforcement emergencies,	5461
inoperability of school buses or other equipment necessary to the	5462
school's operation, damage to a school building, or other	5463
temporary circumstances due to utility failure rendering the	5464
school building unfit for school use, provided that for those	5465
school districts operating pursuant to section 3313.48 of the	5466
Revised Code the number of days the school was actually open for	5467
instruction with pupils in attendance and for individualized	5468
parent-teacher conference and reporting periods is not less than	5469
one hundred seventy-five, or for those school districts operating	5470
on a trimester plan the number of days the school was actually	5471
open for instruction with pupils in attendance not less than	5472
seventy-nine days in any trimester, for those school districts	5473
operating on a quarterly plan the number of days the school was	5474
actually open for instruction with pupils in attendance not less	5475
than fifty-nine days in any quarter, or for those school districts	5476
operating on a pentamester plan the number of days the school was	5477
actually open for instruction with pupils in attendance not less	5478
than forty-four days in any pentamester.	5479

A school district shall not be considered to have failed to	5480
comply with this division or section 3313.481 of the Revised Code	5481
because schools were open for instruction but either twelfth grade	5482
students were excused from attendance for up to three days or only	5483
a portion of the kindergarten students were in attendance for up	5484
to three days in order to allow for the gradual orientation to	5485
school of such students.	5486

The superintendent of public instruction shall waive the	5487
requirements of this section with reference to the minimum number	5488
of days or hours school must be in session with pupils in	5489
attendance for the school year succeeding the school year in which	5490
a board of education initiates a plan of operation pursuant to	5491
section 3313.481 of the Revised Code. The minimum requirements of	5492
this section shall again be applicable to such a district	5493
beginning with the school year commencing the second July	5494
succeeding the initiation of one such plan, and for each school	5495
year thereafter.	5496

A school district shall not be considered to have failed to	5497
comply with this division or section 3313.48 or 3313.481 of the	5498
Revised Code because schools were open for instruction but the	5499
length of the regularly scheduled school day, for any number of	5500
days during the school year, was reduced by not more than two	5501
hours due to hazardous weather conditions.	5502

A board of education or governing board of an educational	5503
service center which has not conformed with other law and the	5504
rules pursuant thereto, shall not participate in the distribution	5505
of funds authorized by this chapter, except for good and	5506
sufficient reason established to the satisfaction of the state	5507
board of education and the state controlling board.	5508

All funds allocated to school districts under this chapter,	5509
except those specifically allocated for other purposes, shall be	5510
used to pay current operating expenses only.	5511

Sec. 3317.03. (A) The superintendent of each city, local,	5512
and exempted village school district and of each educational	5513
service center shall, for the schools under the superintendent's	5514
supervision, certify to the state board of education on or before	5515
the fifteenth day of October in each year for the first full	5516
school week in October the average daily membership of students	5517
receiving services from schools under the superintendent's	5518
supervision, and the numbers of other students entitled to attend	5519
school in the district under section 3313.64 or 3313.65 of the	5520
Revised Code the superintendent is required to report under this	5521
section, so that the department of education can calculate the	5522
district's formula ADM. If a school under the superintendent's	5523
supervision is closed for one or more days during that week due to	5524
hazardous weather conditions or other circumstances described in	5525
the first paragraph of division (B) of section 3317.01 of the	5526
Revised Code, the superintendent may apply to the superintendent	5527
of public instruction for a waiver, under which the superintendent	5528
of public instruction may exempt the district superintendent from	5529
certifying the average daily membership for that school for that	5530
week and specify an alternate week for certifying the average	5531
daily membership of that school.	5532

The average daily membership during such week shall consist	5533
of the sum of the following:	5534

(1) On an FTE basis, the number of students in grades	5535
kindergarten through twelve receiving any educational services	5536
from the district, except that the following categories of	5537
students shall not be included in the determination:	5538

(a) Students enrolled in adult education classes;

5539

(b) Adjacent or other district students enrolled in the	5540
district under an open enrollment policy pursuant to section	5541
3313.98 of the Revised Code;	5542

(c) Students receiving services in the district pursuant to a	5543
compact, cooperative education agreement, or a contract, but who	5544
are entitled to attend school in another district pursuant to	5545
section 3313.64 or 3313.65 of the Revised Code;	5546

(d) Students for whom tuition is payable pursuant to sections	5547
3317.081 and 3323.141 of the Revised Code;	5548

(e) Students receiving services in the district through a	5549
scholarship awarded under either section 3310.41 or sections	5550
3310.51 to 3310.64 of the Revised Code.	5551

(2) On an FTE basis, the number of students entitled to	5552
attend school in the district pursuant to section 3313.64 or	5553
3313.65 of the Revised Code, but receiving educational services in	5554
grades kindergarten through twelve from one or more of the	5555
following entities:	5556

(a) A community school pursuant to Chapter 3314. of the	5557
Revised Code, including any participation in a college pursuant to	5558
Chapter 3365. of the Revised Code while enrolled in such community	5559
school;	5560

(b) An alternative school pursuant to sections 3313.974 to	5561
3313.979 of the Revised Code as described in division (I)(2)(a) or	5562
(b) of this section;	5563

(c) A college pursuant to Chapter 3365. of the Revised Code,	5564
except when the student is enrolled in the college while also	5565
enrolled in a community school pursuant to Chapter 3314. or a	5566
science, technology, engineering, and mathematics school	5567
established under Chapter 3326. of the Revised Code;	5568

(d) An adjacent or other school district under an open	5569
enrollment policy adopted pursuant to section 3313.98 of the	5570
Revised Code;	5571

(e) An educational service center or cooperative education	5572
district;	5573

(f) Another school district under a cooperative education	5574
agreement, compact, or contract;	5575

(g) A ~~chartered~~ nonpublic school with a scholarship paid	5576
under section 3310.08 of the Revised Code;	5577

(h) An alternative public provider or a registered private	5578
provider with a scholarship awarded under either section 3310.41	5579
or sections 3310.51 to 3310.64 of the Revised Code.	5580

As used in this section, "alternative public provider" and	5581
"registered private provider" have the same meanings as in section	5582
3310.41 or 3310.51 of the Revised Code, as applicable.	5583

(i) A science, technology, engineering, and mathematics	5584
school established under Chapter 3326. of the Revised Code,	5585
including any participation in a college pursuant to Chapter 3365.	5586
of the Revised Code while enrolled in the school;	5587

(j) A college-preparatory boarding school established under	5588
Chapter 3328. of the Revised Code.	5589

(3) The number of students enrolled in a joint vocational	5590
school district or under a vocational education compact, excluding	5591
any students entitled to attend school in the district under	5592
section 3313.64 or 3313.65 of the Revised Code who are enrolled in	5593
another school district through an open enrollment policy as	5594
reported under division (A)(2)(d) of this section and then enroll	5595
in a joint vocational school district or under a vocational	5596
education compact;	5597

(4) The number of children with disabilities, other than	5598
preschool children with disabilities, entitled to attend school in	5599
the district pursuant to section 3313.64 or 3313.65 of the Revised	5600
Code who are placed by the district with a county DD board, minus	5601
the number of such children placed with a county DD board in	5602
fiscal year 1998. If this calculation produces a negative number,	5603
the number reported under division (A)(4) of this section shall be	5604
zero.	5605

(B) To enable the department of education to obtain the data	5606
needed to complete the calculation of payments pursuant to this	5607
chapter, in addition to the average daily membership, each	5608
superintendent shall report separately the following student	5609
counts for the same week for which average daily membership is	5610
certified:	5611

(1) The total average daily membership in regular learning	5612
day classes included in the report under division (A)(1) or (2) of	5613
this section for each of the individual grades kindergarten	5614
through twelve in schools under the superintendent's supervision;	5615

(2) The number of all preschool children with disabilities	5616
enrolled as of the first day of December in classes in the	5617
district that are eligible for approval under division (B) of	5618
section 3317.05 of the Revised Code and the number of those	5619
classes, which shall be reported not later than the fifteenth day	5620
of December, in accordance with rules adopted under that section;	5621

(3) The number of children entitled to attend school in the	5622
district pursuant to section 3313.64 or 3313.65 of the Revised	5623
Code who are:	5624

(a) Participating in a pilot project scholarship program	5625
established under sections 3313.974 to 3313.979 of the Revised	5626
Code as described in division (I)(2)(a) or (b) of this section;	5627

(b) Enrolled in a college under Chapter 3365. of the Revised	5628
Code, except when the student is enrolled in the college while	5629
also enrolled in a community school pursuant to Chapter 3314. or a	5630
science, technology, engineering, and mathematics school	5631
established under Chapter 3326. of the Revised Code;	5632

(c) Enrolled in an adjacent or other school district under	5633
section 3313.98 of the Revised Code;	5634

(d) Enrolled in a community school established under Chapter	5635
3314. of the Revised Code that is not an internet- or	5636
computer-based community school as defined in section 3314.02 of	5637
the Revised Code, including any participation in a college	5638
pursuant to Chapter 3365. of the Revised Code while enrolled in	5639
such community school;	5640

(e) Enrolled in an internet- or computer-based community	5641
school, as defined in section 3314.02 of the Revised Code,	5642
including any participation in a college pursuant to Chapter 3365.	5643
of the Revised Code while enrolled in the school;	5644

(f) Enrolled in a ~~chartered~~ nonpublic school with a	5645
scholarship paid under section 3310.08 of the Revised Code;	5646

(g) Enrolled in kindergarten through grade twelve in an	5647
alternative public provider or a registered private provider with	5648
a scholarship awarded under section 3310.41 of the Revised Code;	5649

(h) Enrolled as a preschool child with a disability in an	5650
alternative public provider or a registered private provider with	5651
a scholarship awarded under section 3310.41 of the Revised Code;	5652

(i) Participating in a program operated by a county DD board	5653
or a state institution;	5654

(j) Enrolled in a science, technology, engineering, and	5655
mathematics school established under Chapter 3326. of the Revised	5656
Code, including any participation in a college pursuant to Chapter	5657
3365. of the Revised Code while enrolled in the school;	5658

(k) Enrolled in a college-preparatory boarding school	5659
established under Chapter 3328. of the Revised Code.	5660

(4) The number of pupils enrolled in joint vocational	5661
schools;	5662

(5) The combined average daily membership of children with	5663
disabilities reported under division (A)(1) or (2) of this section	5664
receiving special education services for the category one	5665
disability described in division (A) of section 3317.013 of the	5666
Revised Code, including children attending a special education	5667
program operated by an alternative public provider or a registered	5668
private provider with a scholarship awarded under sections 3310.51	5669
to 3310.64 of the Revised Code;	5670

(6) The combined average daily membership of children with	5671
disabilities reported under division (A)(1) or (2) of this section	5672
receiving special education services for category two disabilities	5673
described in division (B) of section 3317.013 of the Revised Code,	5674
including children attending a special education program operated	5675
by an alternative public provider or a registered private provider	5676
with a scholarship awarded under sections 3310.51 to 3310.64 of	5677
the Revised Code;	5678

(7) The combined average daily membership of children with	5679
disabilities reported under division (A)(1) or (2) of this section	5680
receiving special education services for category three	5681
disabilities described in division (C) of section 3317.013 of the	5682
Revised Code, including children attending a special education	5683
program operated by an alternative public provider or a registered	5684
private provider with a scholarship awarded under sections 3310.51	5685
to 3310.64 of the Revised Code;	5686

(8) The combined average daily membership of children with	5687
disabilities reported under division (A)(1) or (2) of this section	5688
receiving special education services for category four	5689
disabilities described in division (D) of section 3317.013 of the	5690
Revised Code, including children attending a special education	5691
program operated by an alternative public provider or a registered	5692
private provider with a scholarship awarded under sections 3310.51	5693
to 3310.64 of the Revised Code;	5694

(9) The combined average daily membership of children with	5695
disabilities reported under division (A)(1) or (2) of this section	5696
receiving special education services for the category five	5697
disabilities described in division (E) of section 3317.013 of the	5698
Revised Code, including children attending a special education	5699
program operated by an alternative public provider or a registered	5700
private provider with a scholarship awarded under sections 3310.51	5701
to 3310.64 of the Revised Code;	5702

(10) The combined average daily membership of children with	5703
disabilities reported under division (A)(1) or (2) and under	5704
division (B)(3)(h) of this section receiving special education	5705
services for category six disabilities described in division (F)	5706
of section 3317.013 of the Revised Code, including children	5707
attending a special education program operated by an alternative	5708
public provider or a registered private provider with a	5709
scholarship awarded under either section 3310.41 or sections	5710
3310.51 to 3310.64 of the Revised Code;	5711

(11) The average daily membership of pupils reported under	5712
division (A)(1) or (2) of this section enrolled in category one	5713
vocational education programs or classes, described in division	5714
(A) of section 3317.014 of the Revised Code, operated by the	5715
school district or by another district, other than a joint	5716
vocational school district, or by an educational service center,	5717
excluding any student reported under division (B)(3)(e) of this	5718
section as enrolled in an internet- or computer-based community	5719
school, notwithstanding division (C) of section 3317.02 of the	5720
Revised Code and division (C)(3) of this section;	5721

(12) The average daily membership of pupils reported under	5722
division (A)(1) or (2) of this section enrolled in category two	5723
vocational education programs or services, described in division	5724
(B) of section 3317.014 of the Revised Code, operated by the	5725
school district or another school district, other than a joint	5726
vocational school district, or by an educational service center,	5727
excluding any student reported under division (B)(3)(e) of this	5728
section as enrolled in an internet- or computer-based community	5729
school, notwithstanding division (C) of section 3317.02 of the	5730
Revised Code and division (C)(3) of this section;	5731

Beginning with fiscal year 2010, vocational education ADM	5732
shall not be used to calculate a district's funding but shall be	5733
reported under divisions (B)(11) and (12) of this section for	5734
statistical purposes.	5735

(13) The average number of children transported by the school	5736
district on board-owned or contractor-owned and -operated buses,	5737
reported in accordance with rules adopted by the department of	5738
education;	5739

(14)(a) The number of children, other than preschool children	5740
with disabilities, the district placed with a county DD board in	5741
fiscal year 1998;	5742

(b) The number of children with disabilities, other than	5743
preschool children with disabilities, placed with a county DD	5744
board in the current fiscal year to receive special education	5745
services for the category one disability described in division (A)	5746
of section 3317.013 of the Revised Code;	5747

(c) The number of children with disabilities, other than	5748
preschool children with disabilities, placed with a county DD	5749
board in the current fiscal year to receive special education	5750
services for category two disabilities described in division (B)	5751
of section 3317.013 of the Revised Code;	5752

(d) The number of children with disabilities, other than	5753
preschool children with disabilities, placed with a county DD	5754
board in the current fiscal year to receive special education	5755
services for category three disabilities described in division (C)	5756
of section 3317.013 of the Revised Code;	5757

(e) The number of children with disabilities, other than	5758
preschool children with disabilities, placed with a county DD	5759
board in the current fiscal year to receive special education	5760
services for category four disabilities described in division (D)	5761
of section 3317.013 of the Revised Code;	5762

(f) The number of children with disabilities, other than	5763
preschool children with disabilities, placed with a county DD	5764
board in the current fiscal year to receive special education	5765
services for the category five disabilities described in division	5766
(E) of section 3317.013 of the Revised Code;	5767

(g) The number of children with disabilities, other than	5768
preschool children with disabilities, placed with a county DD	5769
board in the current fiscal year to receive special education	5770
services for category six disabilities described in division (F)	5771
of section 3317.013 of the Revised Code.	5772

(C)(1) The average daily membership in divisions (B)(1) to	5773
(12) of this section shall be based upon the number of full-time	5774
equivalent students. The state board of education shall adopt	5775
rules defining full-time equivalent students and for determining	5776
the average daily membership therefrom for the purposes of	5777
divisions (A), (B), and (D) of this section. Each student enrolled	5778
in kindergarten shall be counted as one full-time equivalent	5779
student regardless of whether the student is enrolled in a	5780
part-day or all-day kindergarten class.	5781

(2) A student enrolled in a community school established	5782
under Chapter 3314., a science, technology, engineering, and	5783
mathematics school established under Chapter 3326., or a	5784
college-preparatory boarding school established under Chapter	5785
3328. of the Revised Code shall be counted in the formula ADM and,	5786
if applicable, the category one, two, three, four, five, or six	5787
special education ADM of the school district in which the student	5788
is entitled to attend school under section 3313.64 or 3313.65 of	5789
the Revised Code for the same proportion of the school year that	5790
the student is counted in the enrollment of the community school,	5791
the science, technology, engineering, and mathematics school, or	5792
the college-preparatory boarding school for purposes of section	5793
3314.08, 3326.33, or 3328.24 of the Revised Code. Notwithstanding	5794
the number of students reported pursuant to division (B)(3)(d),	5795
(e), (j), or (k) of this section, the department may adjust the	5796
formula ADM of a school district to account for students entitled	5797
to attend school in the district under section 3313.64 or 3313.65	5798
of the Revised Code who are enrolled in a community school, a	5799
science, technology, engineering, and mathematics school, or a	5800
college-preparatory boarding school for only a portion of the	5801
school year.	5802

(3) No child shall be counted as more than a total of one	5803
child in the sum of the average daily memberships of a school	5804
district under division (A), divisions (B)(1) to (12), or division	5805
(D) of this section, except as follows:	5806

(a) A child with a disability described in section 3317.013	5807
of the Revised Code may be counted both in formula ADM and in	5808
category one, two, three, four, five, or six special education ADM	5809
and, if applicable, in category one or two vocational education	5810
ADM. As provided in division (C) of section 3317.02 of the Revised	5811
Code, such a child shall be counted in category one, two, three,	5812
four, five, or six special education ADM in the same proportion	5813
that the child is counted in formula ADM.	5814

(b) A child enrolled in vocational education programs or	5815
classes described in section 3317.014 of the Revised Code may be	5816
counted both in formula ADM and category one or two vocational	5817
education ADM and, if applicable, in category one, two, three,	5818
four, five, or six special education ADM. Such a child shall be	5819
counted in category one or two vocational education ADM in the	5820
same proportion as the percentage of time that the child spends in	5821
the vocational education programs or classes.	5822

(4) Based on the information reported under this section, the	5823
department of education shall determine the total student count,	5824
as defined in section 3301.011 of the Revised Code, for each	5825
school district.	5826

(D)(1) The superintendent of each joint vocational school	5827
district shall certify to the superintendent of public instruction	5828
on or before the fifteenth day of October in each year for the	5829
first full school week in October the formula ADM, for purposes of	5830
section 3318.42 of the Revised Code and for any other purpose	5831
prescribed by law for which "formula ADM" of the joint vocational	5832
district is a factor. If a school operated by the joint vocational	5833
school district is closed for one or more days during that week	5834
due to hazardous weather conditions or other circumstances	5835
described in the first paragraph of division (B) of section	5836
3317.01 of the Revised Code, the superintendent may apply to the	5837
superintendent of public instruction for a waiver, under which the	5838
superintendent of public instruction may exempt the district	5839
superintendent from certifying the formula ADM for that school for	5840
that week and specify an alternate week for certifying the formula	5841
ADM of that school.	5842

The formula ADM, except as otherwise provided in this	5843
division, shall consist of the average daily membership during	5844
such week, on an FTE basis, of the number of students receiving	5845
any educational services from the district, including students	5846
enrolled in a community school established under Chapter 3314. or	5847
a science, technology, engineering, and mathematics school	5848
established under Chapter 3326. of the Revised Code who are	5849
attending the joint vocational district under an agreement between	5850
the district board of education and the governing authority of the	5851
community school or the governing body of the science, technology,	5852
engineering, and mathematics school and are entitled to attend	5853
school in a city, local, or exempted village school district whose	5854
territory is part of the territory of the joint vocational	5855
district.	5856

The following categories of students shall not be included in	5857
the determination made under division (D)(1) of this section:	5858

(a) Students enrolled in adult education classes;

5859

(b) Adjacent or other district joint vocational students	5860
enrolled in the district under an open enrollment policy pursuant	5861
to section 3313.98 of the Revised Code;	5862

(c) Students receiving services in the district pursuant to a	5863
compact, cooperative education agreement, or a contract, but who	5864
are entitled to attend school in a city, local, or exempted	5865
village school district whose territory is not part of the	5866
territory of the joint vocational district;	5867

(d) Students for whom tuition is payable pursuant to sections	5868
3317.081 and 3323.141 of the Revised Code.	5869

(2) To enable the department of education to obtain the data	5870
needed to complete the calculation of payments pursuant to this	5871
chapter, in addition to the formula ADM, each superintendent shall	5872
report separately the average daily membership included in the	5873
report under division (D)(1) of this section for each of the	5874
following categories of students for the same week for which	5875
formula ADM is certified:	5876

(a) Students enrolled in each individual grade included in	5877
the joint vocational district schools;	5878

(b) Children with disabilities receiving special education	5879
services for the category one disability described in division (A)	5880
of section 3317.013 of the Revised Code;	5881

(c) Children with disabilities receiving special education	5882
services for the category two disabilities described in division	5883
(B) of section 3317.013 of the Revised Code;	5884

(d) Children with disabilities receiving special education	5885
services for category three disabilities described in division (C)	5886
of section 3317.013 of the Revised Code;	5887

(e) Children with disabilities receiving special education	5888
services for category four disabilities described in division (D)	5889
of section 3317.013 of the Revised Code;	5890

(f) Children with disabilities receiving special education	5891
services for the category five disabilities described in division	5892
(E) of section 3317.013 of the Revised Code;	5893

(g) Children with disabilities receiving special education	5894
services for category six disabilities described in division (F)	5895
of section 3317.013 of the Revised Code;	5896

(h) Students receiving category one vocational education	5897
services, described in division (A) of section 3317.014 of the	5898
Revised Code;	5899

(i) Students receiving category two vocational education	5900
services, described in division (B) of section 3317.014 of the	5901
Revised Code.	5902

The superintendent of each joint vocational school district	5903
shall also indicate the city, local, or exempted village school	5904
district in which each joint vocational district pupil is entitled	5905
to attend school pursuant to section 3313.64 or 3313.65 of the	5906
Revised Code.	5907

(E) In each school of each city, local, exempted village,	5908
joint vocational, and cooperative education school district there	5909
shall be maintained a record of school membership, which record	5910
shall accurately show, for each day the school is in session, the	5911
actual membership enrolled in regular day classes. For the purpose	5912
of determining average daily membership, the membership figure of	5913
any school shall not include any pupils except those pupils	5914
described by division (A) of this section. The record of	5915
membership for each school shall be maintained in such manner that	5916
no pupil shall be counted as in membership prior to the actual	5917
date of entry in the school and also in such manner that where for	5918
any cause a pupil permanently withdraws from the school that pupil	5919
shall not be counted as in membership from and after the date of	5920
such withdrawal. There shall not be included in the membership of	5921
any school any of the following:	5922

(1) Any pupil who has graduated from the twelfth grade of a	5923
public or nonpublic high school;	5924

(2) Any pupil who is not a resident of the state;

5925

(3) Any pupil who was enrolled in the schools of the district	5926
during the previous school year when assessments were administered	5927
under section 3301.0711 of the Revised Code but did not take one	5928
or more of the assessments required by that section and was not	5929
excused pursuant to division (C)(1) or (3) of that section;	5930

(4) Any pupil who has attained the age of twenty-two years,	5931
except for veterans of the armed services whose attendance was	5932
interrupted before completing the recognized twelve-year course of	5933
the public schools by reason of induction or enlistment in the	5934
armed forces and who apply for reenrollment in the public school	5935
system of their residence not later than four years after	5936
termination of war or their honorable discharge.	5937

If, however, any veteran described by division (E)(4) of this	5938
section elects to enroll in special courses organized for veterans	5939
for whom tuition is paid under the provisions of federal laws, or	5940
otherwise, that veteran shall not be included in average daily	5941
membership.	5942

Notwithstanding division (E)(3) of this section, the	5943
membership of any school may include a pupil who did not take an	5944
assessment required by section 3301.0711 of the Revised Code if	5945
the superintendent of public instruction grants a waiver from the	5946
requirement to take the assessment to the specific pupil and a	5947
parent is not paying tuition for the pupil pursuant to section	5948
3313.6410 of the Revised Code. The superintendent may grant such a	5949
waiver only for good cause in accordance with rules adopted by the	5950
state board of education.	5951

Except as provided in divisions (B)(2) and (F) of this	5952
section, the average daily membership figure of any local, city,	5953
exempted village, or joint vocational school district shall be	5954
determined by dividing the figure representing the sum of the	5955
number of pupils enrolled during each day the school of attendance	5956
is actually open for instruction during the week for which the	5957
average daily membership is being certified by the total number of	5958
days the school was actually open for instruction during that	5959
week. For purposes of state funding, "enrolled" persons are only	5960
those pupils who are attending school, those who have attended	5961
school during the current school year and are absent for	5962
authorized reasons, and those children with disabilities currently	5963
receiving home instruction.	5964

The average daily membership figure of any cooperative	5965
education school district shall be determined in accordance with	5966
rules adopted by the state board of education.	5967

(F)(1) If the formula ADM for the first full school week in	5968
February is at least three per cent greater than that certified	5969
for the first full school week in the preceding October, the	5970
superintendent of schools of any city, exempted village, or joint	5971
vocational school district or educational service center shall	5972
certify such increase to the superintendent of public instruction.	5973
Such certification shall be submitted no later than the fifteenth	5974
day of February. For the balance of the fiscal year, beginning	5975
with the February payments, the superintendent of public	5976
instruction shall use the increased formula ADM in calculating or	5977
recalculating the amounts to be allocated in accordance with	5978
section 3317.022 or 3317.16 of the Revised Code. In no event shall	5979
the superintendent use an increased membership certified to the	5980
superintendent after the fifteenth day of February. Division	5981
(F)(1) of this section does not apply after fiscal year 2006.	5982

(2) If on the first school day of April the total number of	5983
classes or units for preschool children with disabilities that are	5984
eligible for approval under division (B) of section 3317.05 of the	5985
Revised Code exceeds the number of units that have been approved	5986
for the year under that division, the superintendent of schools of	5987
any city, exempted village, or cooperative education school	5988
district or educational service center shall make the	5989
certifications required by this section for that day. If the	5990
department determines additional units can be approved for the	5991
fiscal year within any limitations set forth in the acts	5992
appropriating moneys for the funding of such units, the department	5993
shall approve additional units for the fiscal year on the basis of	5994
such average daily membership. For each unit so approved, the	5995
department shall pay an amount computed in the manner prescribed	5996
in section 3317.052 or 3317.19 and section 3317.053 of the Revised	5997
Code.	5998

(3) If a student attending a community school under Chapter	5999
3314., a science, technology, engineering, and mathematics school	6000
established under Chapter 3326., or a college-preparatory boarding	6001
school established under Chapter 3328. of the Revised Code is not	6002
included in the formula ADM certified for the school district in	6003
which the student is entitled to attend school under section	6004
3313.64 or 3313.65 of the Revised Code, the department of	6005
education shall adjust the formula ADM of that school district to	6006
include the student in accordance with division (C)(2) of this	6007
section, and shall recalculate the school district's payments	6008
under this chapter for the entire fiscal year on the basis of that	6009
adjusted formula ADM. This requirement applies regardless of	6010
whether the student was enrolled, as defined in division (E) of	6011
this section, in the community school, the science, technology,	6012
engineering, and mathematics school, or the college-preparatory	6013
boarding school during the week for which the formula ADM is being	6014
certified.	6015

(4) If a student awarded an educational choice scholarship is	6016
not included in the formula ADM of the school district from which	6017
the department deducts funds for the scholarship under section	6018
3310.08 of the Revised Code, the department shall adjust the	6019
formula ADM of that school district to include the student to the	6020
extent necessary to account for the deduction, and shall	6021
recalculate the school district's payments under this chapter for	6022
the entire fiscal year on the basis of that adjusted formula ADM.	6023
This requirement applies regardless of whether the student was	6024
enrolled, as defined in division (E) of this section, in the	6025
chartered or approved nonpublic school, the school district, or a	6026
community school during the week for which the formula ADM is	6027
being certified.	6028

(5) If a student awarded a scholarship under the Jon Peterson	6029
special needs scholarship program is not included in the formula	6030
ADM of the school district from which the department deducts funds	6031
for the scholarship under section 3310.55 of the Revised Code, the	6032
department shall adjust the formula ADM of that school district to	6033
include the student to the extent necessary to account for the	6034
deduction, and shall recalculate the school district's payments	6035
under this chapter for the entire fiscal year on the basis of that	6036
adjusted formula ADM. This requirement applies regardless of	6037
whether the student was enrolled, as defined in division (E) of	6038
this section, in an alternative public provider, a registered	6039
private provider, or the school district during the week for which	6040
the formula ADM is being certified.	6041

(G)(1)(a) The superintendent of an institution operating a	6042
special education program pursuant to section 3323.091 of the	6043
Revised Code shall, for the programs under such superintendent's	6044
supervision, certify to the state board of education, in the	6045
manner prescribed by the superintendent of public instruction,	6046
both of the following:	6047

(i) The average daily membership of all children with	6048
disabilities other than preschool children with disabilities	6049
receiving services at the institution for each category of	6050
disability described in divisions (A) to (F) of section 3317.013	6051
of the Revised Code;	6052

(ii) The average daily membership of all preschool children	6053
with disabilities in classes or programs approved annually by the	6054
department of education for unit funding under section 3317.05 of	6055
the Revised Code.	6056

(b) The superintendent of an institution with vocational	6057
education units approved under division (A) of section 3317.05 of	6058
the Revised Code shall, for the units under the superintendent's	6059
supervision, certify to the state board of education the average	6060
daily membership in those units, in the manner prescribed by the	6061
superintendent of public instruction.	6062

(2) The superintendent of each county DD board that maintains	6063
special education classes under section 3317.20 of the Revised	6064
Code or units approved pursuant to section 3317.05 of the Revised	6065
Code shall do both of the following:	6066

(a) Certify to the state board, in the manner prescribed by	6067
the board, the average daily membership in classes under section	6068
3317.20 of the Revised Code for each school district that has	6069
placed children in the classes;	6070

(b) Certify to the state board, in the manner prescribed by	6071
the board, the number of all preschool children with disabilities	6072
enrolled as of the first day of December in classes eligible for	6073
approval under division (B) of section 3317.05 of the Revised	6074
Code, and the number of those classes.	6075

(3)(a) If on the first school day of April the number of	6076
classes or units maintained for preschool children with	6077
disabilities by the county DD board that are eligible for approval	6078
under division (B) of section 3317.05 of the Revised Code is	6079
greater than the number of units approved for the year under that	6080
division, the superintendent shall make the certification required	6081
by this section for that day.	6082

(b) If the department determines that additional classes or	6083
units can be approved for the fiscal year within any limitations	6084
set forth in the acts appropriating moneys for the funding of the	6085
classes and units described in division (G)(3)(a) of this section,	6086
the department shall approve and fund additional units for the	6087
fiscal year on the basis of such average daily membership. For	6088
each unit so approved, the department shall pay an amount computed	6089
in the manner prescribed in sections 3317.052 and 3317.053 of the	6090
Revised Code.	6091

(H) Except as provided in division (I) of this section, when	6092
any city, local, or exempted village school district provides	6093
instruction for a nonresident pupil whose attendance is	6094
unauthorized attendance as defined in section 3327.06 of the	6095
Revised Code, that pupil's membership shall not be included in	6096
that district's membership figure used in the calculation of that	6097
district's formula ADM or included in the determination of any	6098
unit approved for the district under section 3317.05 of the	6099
Revised Code. The reporting official shall report separately the	6100
average daily membership of all pupils whose attendance in the	6101
district is unauthorized attendance, and the membership of each	6102
such pupil shall be credited to the school district in which the	6103
pupil is entitled to attend school under division (B) of section	6104
3313.64 or section 3313.65 of the Revised Code as determined by	6105
the department of education.	6106

(I)(1) A city, local, exempted village, or joint vocational	6107
school district admitting a scholarship student of a pilot project	6108
district pursuant to division (C) of section 3313.976 of the	6109
Revised Code may count such student in its average daily	6110
membership.	6111

(2) In any year for which funds are appropriated for pilot	6112
project scholarship programs, a school district implementing a	6113
state-sponsored pilot project scholarship program that year	6114
pursuant to sections 3313.974 to 3313.979 of the Revised Code may	6115
count in average daily membership:	6116

(a) All children residing in the district and utilizing a	6117
scholarship to attend kindergarten in any alternative school, as	6118
defined in section 3313.974 of the Revised Code;	6119

(b) All children who were enrolled in the district in the	6120
preceding year who are utilizing a scholarship to attend an	6121
alternative school.	6122

(J) The superintendent of each cooperative education school	6123
district shall certify to the superintendent of public	6124
instruction, in a manner prescribed by the state board of	6125
education, the applicable average daily memberships for all	6126
students in the cooperative education district, also indicating	6127
the city, local, or exempted village district where each pupil is	6128
entitled to attend school under section 3313.64 or 3313.65 of the	6129
Revised Code.	6130

(K) If the superintendent of public instruction determines	6131
that a component of the average daily membership certified or	6132
reported by a district superintendent, or other reporting entity,	6133
is not correct, the superintendent of public instruction may order	6134
that the formula ADM used for the purposes of payments under any	6135
section of Title XXXIII of the Revised Code be adjusted in the	6136
amount of the error.	6137

Sec. 3317.11. (A) As used in this section:

6138

(1) "Client school district" means a city, exempted village,	6139
or local school district that has entered into an agreement under	6140
section 3313.843 of the Revised Code to receive any services from	6141
an educational service center.	6142

(2) "Service center ADM" means the sum of the total student	6143
counts of all of an educational service center's client school	6144
districts.	6145

(3) "STEM school" means a science, technology, engineering,	6146
and mathematics school established under Chapter 3326. of the	6147
Revised Code.	6148

(4) "Total student count" has the same meaning as in section	6149
3301.011 of the Revised Code.	6150

(B)~~(1)~~Beginning with the 2012-2013 school year, this	6151
division shall not apply to any client school district that has	6152
elected not to receive supervisory services under this division,	6153
as specified in the district's agreement under section 3313.843 of	6154
the Revised Code, and the department of education shall not make	6155
any deductions for the district under this division.	6156

(1) The governing board of each educational service center	6157
shall provide supervisory services to each of its client school	6158
districts. Except as provided in division (B)(2) of this section,	6159
the supervisory services shall not exceed one supervisory teacher	6160
for the first fifty classroom teachers required to be employed in	6161
the districts, as calculated in the manner prescribed under former	6162
division (B) of section 3317.023 of the Revised Code, as that	6163
division existed prior to June 30, 2011, and one for each	6164
additional one hundred required classroom teachers, as so	6165
calculated.	6166

The supervisory services shall be financed annually through	6167
supervisory units. Except as provided in division (B)(2) of this	6168
section, the number of supervisory units assigned to each district	6169
shall not exceed one unit for the first fifty classroom teachers	6170
required to be employed in the district, as calculated in the	6171
manner prescribed under former division (B) of section 3317.023 of	6172
the Revised Code, as that division existed prior to June 30, 2011,	6173
and one for each additional one hundred required classroom	6174
teachers, as so calculated. The cost of each supervisory unit	6175
shall be the sum of:	6176

(a) The minimum salary prescribed by section 3317.13 of the	6177
Revised Code for the licensed supervisory employee of the	6178
governing board;	6179

(b) An amount equal to fifteen per cent of that salary;

6180

(c) An allowance for necessary travel expenses, limited to	6181
the lesser of two hundred twenty-three dollars and sixteen cents	6182
per month or two thousand six hundred seventy-eight dollars per	6183
year.	6184

(2) If a majority of the boards of education, or	6185
superintendents acting on behalf of the boards, of the client	6186
school districts receiving services from the educational service	6187
center agree to receive additional supervisory services and to pay	6188
the cost of a corresponding number of supervisory units in excess	6189
of the services and units specified in division (B)(1) of this	6190
section, the service center shall provide the additional services	6191
as agreed to by the majority of districts to, and the department	6192
~~of education~~ shall apportion the cost of the corresponding number	6193
of additional supervisory units pursuant to division (B)(3) of	6194
this section among, all of the service center's client school	6195
districts.	6196

(3) The department shall apportion the total cost for all	6197
supervisory units among the service center's client school	6198
districts based on each district's total student count. The	6199
department shall deduct each district's apportioned share pursuant	6200
to division (B) of section 3317.023 of the Revised Code and pay	6201
the apportioned share to the service center.	6202

(C) The department annually shall deduct from each client	6203
school district of each educational service center, pursuant to	6204
division (B) of section 3317.023 of the Revised Code, and pay to	6205
the service center an amount equal to six dollars and fifty cents	6206
times the school district's total student count. The board of	6207
education, or the superintendent acting on behalf of the board, of	6208
any client school district may agree to pay an amount in excess of	6209
six dollars and fifty cents per student in total student count. If	6210
a majority of the boards of education, or superintendents acting	6211
on behalf of the boards, of the service center's client school	6212
districts approve an amount in excess of six dollars and fifty	6213
cents per student in total student count, the department shall	6214
deduct the approved excess per student amount from all of the	6215
service center's client school districts and pay the excess amount	6216
to the service center.	6217

(D) The department shall pay each educational service center	6218
the amounts due to it from school districts pursuant to contracts,	6219
compacts, or agreements under which the service center furnishes	6220
services to the districts or their students. In order to receive	6221
payment under this division, an educational service center shall	6222
furnish either a copy of the contract, compact, or agreement	6223
clearly indicating the amounts of the payments, or a written	6224
statement that clearly indicates the payments owed and is signed	6225
by the superintendent or treasurer of the responsible school	6226
district. The amounts paid to service centers under this division	6227
shall be deducted from payments to school districts pursuant to	6228
division (H)(3) of section 3317.023 of the Revised Code.	6229

(E) Each school district's deduction under this section and	6230
divisions (B) and (H)(3) of section 3317.023 of the Revised Code	6231
shall be made from the total payment computed for the district	6232
under this chapter, after making any other adjustments in that	6233
payment required by law.	6234

(F)(1) Except as provided in division (F)(2) of this section,	6235
the department annually shall pay the governing board of each	6236
educational service center state funds equal to thirty-seven	6237
dollars times its service center ADM.	6238

(2) The department annually shall pay state funds equal to	6239
forty dollars and fifty-two cents times the service center ADM to	6240
each educational service center comprising territory that was	6241
included in the territory of at least three former service centers	6242
or county school districts, which former centers or districts	6243
engaged in one or more mergers under section 3311.053 of the	6244
Revised Code to form the present center.	6245

(G) Each city, exempted village, local, joint vocational, or	6246
cooperative education school district shall pay to the governing	6247
board of an educational service center any amounts agreed to for	6248
each child enrolled in the district who receives special education	6249
and related services or career-technical education from the	6250
educational service center, unless these educational services are	6251
provided pursuant to a contract, compact, or agreement for which	6252
the department deducts and transfers payments under division (D)	6253
of this section and division (H)(3) of section 3317.023 of the	6254
Revised Code.	6255

(H) The department annually shall pay the governing board of	6256
each educational service center that has entered into a contract	6257
with a STEM school for the provision of services described in	6258
division (B) of section 3326.45 of the Revised Code state funds	6259
equal to the per-pupil amount specified in the contract for the	6260
provision of those services times the number of students enrolled	6261
in the STEM school.	6262

(I) An educational service center:

6263

(1) May provide special education and career-technical	6264
education to students in its client school districts;	6265

(2) Is eligible for transportation funding under division (C)	6266
of section 3317.024 of the Revised Code;	6267

(3) May apply for and receive gifted education units and	6268
provide gifted education services to students in its client school	6269
districts;	6270

(4) May conduct driver education for high school students in	6271
accordance with Chapter 4508. of the Revised Code.	6272

Sec. 3318.034. (A) This section applies to both of the	6273
following:	6274

(1) Any school district that has not executed an agreement	6275
for a project under sections 3318.01 to 3318.20 of the Revised	6276
Code prior to June 24, 2008;	6277

(2) Any school district that is eligible for additional	6278
assistance under sections 3318.01 to 3318.20 of the Revised Code	6279
pursuant to division (B)(2) of section 3318.04 of the Revised	6280
Code.	6281

Notwithstanding any provision of this chapter to the	6282
contrary, with the approval of the Ohio school facilities	6283
commission, any school district to which this section applies may	6284
opt to divide the district's entire classroom facilities needs, as	6285
those needs are jointly determined by the staff of the commission	6286
and the school district, into discrete segments and shall comply	6287
with all of the provisions of those sections unless otherwise	6288
provided in this section.	6289

(B) Except as provided in division (C) of this section, each	6290
segment shall comply with all of the following:	6291

(1) The segment shall consist of the new construction of one	6292
or more entire buildings or the complete renovation of one or more	6293
entire existing buildings, with any necessary additions to that	6294
building.	6295

(2) The segment shall not include any construction of or	6296
renovation or repair to any building that does not complete the	6297
needs of the district with respect to that particular building at	6298
the time the segment is completed.	6299

(3) The segment shall consist of new construction,	6300
renovations, additions, reconstruction, or repair of classroom	6301
facilities to the extent that the school district portion, as	6302
determined under section 3318.032 of the Revised Code, is an	6303
amount not less than the product of ~~0.040~~0.020 times the	6304
district's valuation at the time the agreement for the segment is	6305
executed, unless the district previously has undertaken a segment	6306
under this section and the district's portion of the estimated	6307
basic project cost of the remainder of its entire classroom	6308
facilities needs, as determined jointly by the staff of the	6309
commission and the district, is less than the amount otherwise	6310
required by this division.	6311

(C) A district described in division (A)(2) of this section	6312
that has not received the additional assistance authorized under	6313
division (B)(2) of section 3318.04 of the Revised Code may	6314
undertake a segment, with commission approval, for the purpose of	6315
renovating or replacing work performed on a facility under the	6316
district's prior project. The commission may approve that segment	6317
if the commission determines that the renovation or replacement is	6318
necessary to protect the facility. The basic project cost of the	6319
segment shall be allocated between the state and the district in	6320
accordance with section 3318.032 of the Revised Code. However, the	6321
requirements of division (B) of this section shall not apply to a	6322
segment undertaken under this division.	6323

(D) The commission shall conditionally approve and seek	6324
controlling board approval in accordance with division (A) of	6325
section 3318.04 of the Revised Code of each segment.	6326

(E) The school district's maintenance levy requirement, as	6327
defined in section 3318.18 of the Revised Code, shall run for	6328
twenty-three years from the date the first segment is undertaken;	6329
however, the maintenance levy requirement does not apply to a	6330
segment undertaken under division (C) of this section.	6331

Sec. 3318.36. (A)(1) As used in this section:

6332

(a) "Ohio school facilities commission," "classroom	6333
facilities," "school district," "school district board," "net	6334
bonded indebtedness," "required percentage of the basic project	6335
costs," "basic project cost," "valuation," and "percentile" have	6336
the same meanings as in section 3318.01 of the Revised Code.	6337

(b) "Required level of indebtedness" means five per cent of	6338
the school district's valuation for the year preceding the year in	6339
which the commission and school district enter into an agreement	6340
under division (B) of this section, plus [two one-hundredths of	6341
one per cent multiplied by (the percentile in which the district	6342
ranks minus one)].	6343

(c) "Local resources" means any moneys generated in any	6344
manner permitted for a school district board to raise the school	6345
district portion of a project undertaken with assistance under	6346
sections 3318.01 to 3318.20 of the Revised Code.	6347

(2) For purposes of determining the required level of	6348
indebtedness, the required percentage of the basic project costs	6349
under division (C)(1) of this section, and priority for assistance	6350
under sections 3318.01 to 3318.20 of the Revised Code, the	6351
percentile ranking of a school district with which the commission	6352
has entered into an agreement under this section between the first	6353
day of July and the thirty-first day of August in each fiscal year	6354
is the percentile ranking calculated for that district for the	6355
immediately preceding fiscal year, and the percentile ranking of a	6356
school district with which the commission has entered into such	6357
agreement between the first day of September and the thirtieth day	6358
of June in each fiscal year is the percentile ranking calculated	6359
for that district for the current fiscal year.	6360

(B)(1) There is hereby established the school building	6361
assistance expedited local partnership program. Under the program,	6362
the Ohio school facilities commission may enter into an agreement	6363
with the ~~school district~~ board of any school district under which	6364
the ~~school district~~ board may proceed with the new construction or	6365
major repairs of a part of the ~~school~~ district's classroom	6366
facilities needs, as determined under sections 3318.01 to 3318.20	6367
of the Revised Code, through the expenditure of local resources	6368
prior to the school district's eligibility for state assistance	6369
under those sections, and may apply that expenditure toward	6370
meeting the school district's portion of the basic project cost of	6371
the total of the ~~school~~ district's classroom facilities needs, as	6372
~~determined under sections 3318.01 to 3318.20 of the Revised Code~~	6373
~~and~~ as recalculated under division (E) of this section, ~~that are~~	6374
when the district becomes eligible for state assistance under	6375
sections 3318.01 to 3318.20 or section 3318.364 of the Revised	6376
Code ~~when the school district becomes eligible for that~~	6377
~~assistance~~. Any school district that is reasonably expected to	6378
receive assistance under sections 3318.01 to 3318.20 of the	6379
Revised Code within two fiscal years from the date the school	6380
district adopts its resolution under division (B) of this section	6381
shall not be eligible to participate in the program established	6382
under this section.	6383

(2) To participate in the program, a school district board	6384
shall first adopt a resolution certifying to the commission the	6385
board's intent to participate in the program.	6386

The resolution shall specify the approximate date that the	6387
board intends to seek elector approval of any bond or tax measures	6388
or to apply other local resources to use to pay the cost of	6389
classroom facilities to be constructed under this section. The	6390
resolution may specify the application of local resources or	6391
elector-approved bond or tax measures after the resolution is	6392
adopted by the board, and in such case the board may proceed with	6393
a discrete portion of its project under this section as soon as	6394
the commission and the controlling board have approved the basic	6395
project cost of the district's classroom facilities needs as	6396
specified in division (D) of this section. The board shall submit	6397
its resolution to the commission not later than ten days after the	6398
date the resolution is adopted by the board.	6399

The commission shall not consider any resolution that is	6400
submitted pursuant to division (B)(2) of this section, as amended	6401
by this amendment, sooner than September 14, 2000.	6402

(3) For purposes of determining when a district that enters	6403
into an agreement under this section becomes eligible for	6404
assistance under sections 3318.01 to 3318.20 of the Revised Code	6405
or priority for assistance under section 3318.364 of the Revised	6406
Code, the commission shall use the district's percentile ranking	6407
determined at the time the district entered into the agreement	6408
under this section, as prescribed by division (A)(2) of this	6409
section.	6410

(4) Any project under this section shall comply with section	6411
3318.03 of the Revised Code and with any specifications for plans	6412
and materials for classroom facilities adopted by the commission	6413
under section 3318.04 of the Revised Code.	6414

(5) If a school district that enters into an agreement under	6415
this section has not begun a project applying local resources as	6416
provided for under that agreement at the time the district is	6417
notified by the commission that it is eligible to receive state	6418
assistance under sections 3318.01 to 3318.20 of the Revised Code,	6419
all assessment and agreement documents entered into under this	6420
section are void.	6421

(6) Only construction of or repairs to classroom facilities	6422
that have been approved by the commission and have been therefore	6423
included as part of a district's basic project cost qualify for	6424
application of local resources under this section.	6425

(C) Based on the results of on-site visits and assessment,	6426
the commission shall determine the basic project cost of the	6427
school district's classroom facilities needs. The commission shall	6428
determine the school district's portion of such basic project	6429
cost, which shall be the greater of:	6430

(1) The required percentage of the basic project costs,	6431
determined based on the school district's percentile ranking;	6432

(2) An amount necessary to raise the school district's net	6433
bonded indebtedness, as of the fiscal year the commission and the	6434
school district enter into the agreement under division (B) of	6435
this section, to within five thousand dollars of the required	6436
level of indebtedness.	6437

(D)(1) When the commission determines the basic project cost	6438
of the classroom facilities needs of a school district and the	6439
school district's portion of that basic project cost under	6440
division (C) of this section, the project shall be conditionally	6441
approved. Such conditional approval shall be submitted to the	6442
controlling board for approval thereof. The controlling board	6443
shall forthwith approve or reject the commission's determination,	6444
conditional approval, and the amount of the state's portion of the	6445
basic project cost; however, no state funds shall be encumbered	6446
under this section. Upon approval by the controlling board, the	6447
school district board may identify a discrete part of its	6448
classroom facilities needs, which shall include only new	6449
construction of or additions or major repairs to a particular	6450
building, to address with local resources. Upon identifying a part	6451
of the school district's basic project cost to address with local	6452
resources, the school district board may allocate any available	6453
school district moneys to pay the cost of that identified part,	6454
including the proceeds of an issuance of bonds if approved by the	6455
electors of the school district.	6456

All local resources utilized under this division shall first	6457
be deposited in the project construction account required under	6458
section 3318.08 of the Revised Code.	6459

(2) Unless the school district board exercises its option	6460
under division (D)(3) of this section, for a school district to	6461
qualify for participation in the program authorized under this	6462
section, one of the following conditions shall be satisfied:	6463

(a) The electors of the school district by a majority vote	6464
shall approve the levy of taxes outside the ten-mill limitation	6465
for a period of twenty-three years at the rate of not less than	6466
one-half mill for each dollar of valuation to be used to pay the	6467
cost of maintaining the classroom facilities included in the basic	6468
project cost as determined by the commission. The form of the	6469
ballot to be used to submit the question whether to approve the	6470
tax required under this division to the electors of the school	6471
district shall be the form for an additional levy of taxes	6472
prescribed in section 3318.361 of the Revised Code, which may be	6473
combined in a single ballot question with the questions prescribed	6474
under section 5705.218 of the Revised Code.	6475

(b) As authorized under division (C) of section 3318.05 of	6476
the Revised Code, the school district board shall earmark from the	6477
proceeds of a permanent improvement tax levied under section	6478
5705.21 of the Revised Code, an amount equivalent to the	6479
additional tax otherwise required under division (D)(2)(a) of this	6480
section for the maintenance of the classroom facilities included	6481
in the basic project cost as determined by the commission.	6482

(c) As authorized under section 3318.051 of the Revised Code,	6483
the school district board shall, if approved by the commission,	6484
annually transfer into the maintenance fund required under section	6485
3318.05 of the Revised Code the amount prescribed in section	6486
3318.051 of the Revised Code in lieu of the tax otherwise required	6487
under division (D)(2)(a) of this section for the maintenance of	6488
the classroom facilities included in the basic project cost as	6489
determined by the commission.	6490

(d) If the school district board has rescinded the agreement	6491
to make transfers under section 3318.051 of the Revised Code, as	6492
provided under division (F) of that section, the electors of the	6493
school district, in accordance with section 3318.063 of the	6494
Revised Code, first shall approve the levy of taxes outside the	6495
ten-mill limitation for the period specified in that section at a	6496
rate of not less than one-half mill for each dollar of valuation.	6497

(e) The school district board shall apply the proceeds of a	6498
tax to leverage bonds as authorized under section 3318.052 of the	6499
Revised Code or dedicate a local donated contribution in the	6500
manner described in division (B) of section 3318.084 of the	6501
Revised Code in an amount equivalent to the additional tax	6502
otherwise required under division (D)(2)(a) of this section for	6503
the maintenance of the classroom facilities included in the basic	6504
project cost as determined by the commission.	6505

(3) A school district board may opt to delay taking any of	6506
the actions described in division (D)(2) of this section until the	6507
school district becomes eligible for state assistance under	6508
sections 3318.01 to 3318.20 of the Revised Code. In order to	6509
exercise this option, the board shall certify to the commission a	6510
resolution indicating the board's intent to do so prior to	6511
entering into an agreement under division (B) of this section.	6512

(4) If pursuant to division (D)(3) of this section a district	6513
board opts to delay levying an additional tax until the district	6514
becomes eligible for state assistance, it shall submit the	6515
question of levying that tax to the district electors as follows:	6516

(a) In accordance with section 3318.06 of the Revised Code if	6517
it will also be necessary pursuant to division (E) of this section	6518
to submit a proposal for approval of a bond issue;	6519

(b) In accordance with section 3318.361 of the Revised Code	6520
if it is not necessary to also submit a proposal for approval of a	6521
bond issue pursuant to division (E) of this section.	6522

(5) No state assistance under sections 3318.01 to 3318.20 of	6523
the Revised Code shall be released until a school district board	6524
that adopts and certifies a resolution under division (D) of this	6525
section also demonstrates to the satisfaction of the commission	6526
compliance with the provisions of division (D)(2) of this section.	6527

Any amount required for maintenance under division (D)(2) of	6528
this section shall be deposited into a separate fund as specified	6529
in division (B) of section 3318.05 of the Revised Code.	6530

(E)(1) If the school district becomes eligible for state	6531
assistance under sections 3318.01 to 3318.20 of the Revised Code	6532
based on its percentile ranking under division (B)(3) of this	6533
section or is offered assistance under section 3318.364 of the	6534
Revised Code, the commission shall conduct a new assessment of the	6535
school district's classroom facilities needs and shall recalculate	6536
the basic project cost based on this new assessment. The basic	6537
project cost recalculated under this division shall include the	6538
amount of expenditures made by the school district board under	6539
division (D)(1) of this section. The commission shall then	6540
recalculate the school district's portion of the new basic project	6541
cost, which shall be the percentage of the original basic project	6542
cost assigned to the school district as its portion under division	6543
(C) of this section. The commission shall deduct the expenditure	6544
of school district moneys made under division (D)(1) of this	6545
section from the school district's portion of the basic project	6546
cost as recalculated under this division. If the amount of school	6547
district resources applied by the school district board to the	6548
school district's portion of the basic project cost under this	6549
section is less than the total amount of such portion as	6550
recalculated under this division, the school district board by a	6551
majority vote of all of its members shall, if it desires to seek	6552
state assistance under sections 3318.01 to 3318.20 of the Revised	6553
Code, adopt a resolution as specified in section 3318.06 of the	6554
Revised Code to submit to the electors of the school district the	6555
question of approval of a bond issue in order to pay any	6556
additional amount of school district portion required for state	6557
assistance. Any tax levy approved under division (D) of this	6558
section satisfies the requirements to levy the additional tax	6559
under section 3318.06 of the Revised Code.	6560

(2) If the amount of school district resources applied by the	6561
school district board to the school district's portion of the	6562
basic project cost under this section is more than the total	6563
amount of such portion as recalculated under this division, within	6564
one year after the school district's portion is recalculated under	6565
division (E)(1) of this section the commission may grant to the	6566
school district the difference between the two calculated	6567
portions, but at no time shall the commission expend any state	6568
funds on a project in an amount greater than the state's portion	6569
of the basic project cost as recalculated under this division.	6570

Any reimbursement under this division shall be only for local	6571
resources the school district has applied toward construction cost	6572
expenditures for the classroom facilities approved by the	6573
commission, which shall not include any financing costs associated	6574
with that construction.	6575

The school district board shall use any moneys reimbursed to	6576
the district under this division to pay off any debt service the	6577
district owes for classroom facilities constructed under its	6578
project under this section before such moneys are applied to any	6579
other purpose. However, the district board first may deposit	6580
moneys reimbursed under this division into the district's general	6581
fund or a permanent improvement fund to replace local resources	6582
the district withdrew from those funds, as long as, and to the	6583
extent that, those local resources were used by the district for	6584
constructing classroom facilities included in the district's basic	6585
project cost.	6586

Sec. 3318.364. In any fiscal year, the Ohio school	6587
facilities commission may, at its discretion, provide assistance	6588
under sections 3318.01 to 3318.20 of the Revised Code to a school	6589
district that has entered into an expedited local partnership	6590
agreement under section 3318.36 of the Revised Code before the	6591
district is otherwise eligible for that assistance based on its	6592
percentile rank, if the commission determines all of the	6593
following:	6594

(A) The district has made an expenditure of local resources	6595
under its expedited local partnership agreement on a discrete part	6596
of its district-wide project.	6597

(B) The district is ready to complete its district-wide	6598
project or a segment of the project, in accordance with section	6599
3318.034 of the Revised Code.	6600

(C) The district is in compliance with division (D)(2) of	6601
section 3318.36 of the Revised Code.	6602

(D) Sufficient state funds have been appropriated for	6603
classroom facilities projects for the fiscal year to pay the state	6604
share of the district's project or segment after paying the state	6605
share of projects for all of the following:	6606

(1) Districts that previously had their conditional approval	6607
lapse pursuant to section 3318.05 of the Revised Code;	6608

(2) Districts eligible for assistance under division (B)(2)	6609
of section 3318.04 of the Revised Code;	6610

(3) Districts participating in the exceptional needs school	6611
facilities assistance program under section 3318.37 or 3318.371 of	6612
the Revised Code;	6613

(4) Districts participating in the accelerated urban school	6614
building assistance program under section 3318.38 of the Revised	6615
Code.	6616

Assistance under this section shall be offered to eligible	6617
districts in the order of their percentile rankings at the time	6618
they entered into their expedited local partnership agreements,	6619
from lowest to highest percentile. In the event that more than one	6620
district has the same percentile ranking, those districts shall be	6621
offered assistance in the order of the date they entered into	6622
their expedited local partnership agreements, from earliest to	6623
latest date.	6624

As used in this section, "local resources" and "percentile"	6625
have the same meanings as in section 3318.36 of the Revised Code.	6626

Sec. 3318.37. (A)(1) As used in this section:

6627

~~(a) "Large land area school district" means a school district~~	6628
~~with a territory of greater than three hundred square miles in any~~	6629
~~percentile as determined under section 3318.011 of the Revised~~	6630
~~Code.~~	6631

~~(b) "Low wealth school district" means a school district in~~	6632
~~the first through seventy-fifth percentiles as determined under~~	6633
~~section 3318.011 of the Revised Code.~~	6634

~~(c) A~~, a "school district with an exceptional need for	6635
immediate classroom facilities assistance" means a ~~low wealth or~~	6636
~~large land area~~ school district with an exceptional need for new	6637
facilities in order to protect the health and safety of all or a	6638
portion of its students.	6639

(2) No school district that participates in the school	6640
building assistance expedited local partnership program under	6641
section 3318.36 of the Revised Code shall receive assistance under	6642
the program established under this section unless the following	6643
conditions are satisfied:	6644

(a) The district board adopted a resolution certifying its	6645
intent to participate in the school building assistance expedited	6646
local partnership program under section 3318.36 of the Revised	6647
Code prior to September 14, 2000.	6648

(b) The district was selected by the Ohio school facilities	6649
commission for participation in the school building assistance	6650
expedited local partnership program under section 3318.36 of the	6651
Revised Code in the manner prescribed by the commission under that	6652
section as it existed prior to September 14, 2000.	6653

(B)(1) There is hereby established the exceptional needs	6654
school facilities assistance program. Under the program, the Ohio	6655
school facilities commission may set aside from the moneys	6656
annually appropriated to it for classroom facilities assistance	6657
projects up to twenty-five per cent for assistance to school	6658
districts with exceptional needs for immediate classroom	6659
facilities assistance.	6660

(2)(a) After consulting with education and construction	6661
experts, the commission shall adopt guidelines for identifying	6662
school districts with an exceptional need for immediate classroom	6663
facilities assistance.	6664

(b) The guidelines shall include application forms and	6665
instructions for school districts to use in applying for	6666
assistance under this section.	6667

(3) The commission shall evaluate the classroom facilities,	6668
and the need for replacement classroom facilities from the	6669
applications received under this section. The commission,	6670
utilizing the guidelines adopted under division (B)(2)(a) of this	6671
section, shall prioritize the school districts to be assessed.	6672

Notwithstanding section 3318.02 of the Revised Code, the	6673
commission may conduct on-site evaluation of the school districts	6674
prioritized under this section and approve and award funds until	6675
such time as all funds set aside under division (B)(1) of this	6676
section have been encumbered. However, the commission need not	6677
conduct the evaluation of facilities if the commission determines	6678
that a district's assessment conducted under section 3318.36 of	6679
the Revised Code is sufficient for purposes of this section.	6680

(4) Notwithstanding division (A) of section 3318.05 of the	6681
Revised Code, the school district's portion of the basic project	6682
cost under this section shall be the "required percentage of the	6683
basic project costs," as defined in division (K) of section	6684
3318.01 of the Revised Code.	6685

(5) Except as otherwise specified in this section, any	6686
project undertaken with assistance under this section shall comply	6687
with all provisions of sections 3318.01 to 3318.20 of the Revised	6688
Code. A school district may receive assistance under sections	6689
3318.01 to 3318.20 of the Revised Code for the remainder of the	6690
district's classroom facilities needs as assessed under this	6691
section when the district is eligible for such assistance pursuant	6692
to section 3318.02 of the Revised Code, but any classroom facility	6693
constructed with assistance under this section shall not be	6694
included in a district's project at that time unless the	6695
commission determines the district has experienced the increased	6696
enrollment specified in division (B)(1) of section 3318.04 of the	6697
Revised Code.	6698

(C) No school district shall receive assistance under this	6699
section for a classroom facility that has been included in the	6700
discrete part of the district's classroom facilities needs	6701
identified and addressed in the district's project pursuant to an	6702
agreement entered into under section 3318.36 of the Revised Code,	6703
unless the district's entire classroom facilities plan consists of	6704
only a single building designed to house grades kindergarten	6705
through twelve.	6706

Sec. 3318.371. The Ohio school facilities commission may	6707
provide assistance under the exceptional needs school facilities	6708
program established by section 3318.37 of the Revised Code to any	6709
school district for the purpose of the relocation or replacement	6710
of classroom facilities required as a result of any contamination	6711
of air, soil, or water that impacts the occupants of the facility.	6712
~~Assistance under this section is not limited to school districts~~	6713
~~in the first through seventy-fifth percentiles as determined under~~	6714
~~section 3318.011 of the Revised Code.~~	6715

The commission shall make a determination in accordance with	6716
guidelines adopted by the commission regarding eligibility and	6717
funding for projects under this section. The commission may	6718
contract with an independent environmental consultant to conduct a	6719
study to assist the commission in making the determination.	6720

If the federal government or other public or private entity	6721
provides funds for restitution of costs incurred by the state or	6722
school district in the relocation or replacement of the classroom	6723
facilities, the school district shall use such funds in excess of	6724
the school district's share to refund the state for the state's	6725
contribution to the environmental contamination portion of the	6726
project. The school district may apply an amount of such	6727
restitution funds up to an amount equal to the school district's	6728
portion of the project, as defined by the commission, toward	6729
paying its portion of that project to reduce the amount of bonds	6730
the school district otherwise must issue to receive state	6731
assistance under sections 3318.01 to 3318.20 of the Revised Code.	6732

Sec. 3318.70. (A) As used in this section:

6733

(1) "Acquisition of classroom facilities" has the same	6734
meaning as in section 3318.40 of the Revised Code.	6735

(2) "Classroom facilities" has the same meaning as in section	6736
3318.01 of the Revised Code.	6737

(3) "STEM school" means a science, technology, engineering,	6738
and mathematics school established under Chapter 3326. of the	6739
Revised Code that is not governed by a single school district	6740
board of education, as prescribed by section 3326.51 of the	6741
Revised Code.	6742

(B) Upon receipt of a written proposal by the governing body	6743
of a STEM school, the Ohio school facilities commission, subject	6744
to approval of the controlling board, may provide funding to	6745
assist that STEM school in the acquisition of classroom	6746
facilities. The proposal of the governing body shall be submitted	6747
in a form and in the manner prescribed by the commission and shall	6748
indicate both the total amount of state funding requested and the	6749
amount of nonstate funding pledged for the acquisition of the	6750
classroom facilities, which shall not be less than the total	6751
amount of state funding requested. If the commission decides in	6752
favor of providing funding for the classroom facilities and if the	6753
controlling board approves that funding, the commission shall	6754
enter into an agreement with the governing body for the	6755
acquisition of the classroom facilities and shall encumber, in	6756
accordance with section 3318.11 of the Revised Code, the approved	6757
funding from the amounts appropriated to the commission for	6758
classroom facilities assistance projects. The agreement shall	6759
include a stipulation of the ownership of the classroom facilities	6760
in the event the STEM school permanently closes at any time.	6761

(C) In the case of the governing body of a group of STEM	6762
schools, as prescribed by section 3326.031 of the Revised Code,	6763
the governing body shall submit a proposal for each school under	6764
its direction separately, and the commission shall consider each	6765
proposal separately.	6766

Sec. 3319.02. (A)(1) As used in this section, "other	6767
administrator" means any of the following:	6768

(a) Except as provided in division (A)(2) of this section,	6769
any employee in a position for which a board of education requires	6770
a license designated by rule of the department of education for	6771
being an administrator issued under section 3319.22 of the Revised	6772
Code, including a professional pupil services employee or	6773
administrative specialist or an equivalent of either one who is	6774
not employed as a school counselor and spends less than fifty per	6775
cent of the time employed teaching or working with students;	6776

(b) Any nonlicensed employee whose job duties enable such	6777
employee to be considered as either a "supervisor" or a	6778
"management level employee," as defined in section 4117.01 of the	6779
Revised Code;	6780

(c) A business manager appointed under section 3319.03 of the	6781
Revised Code.	6782

(2) As used in this section, "other administrator" does not	6783
include a superintendent, assistant superintendent, principal, or	6784
assistant principal.	6785

(B) The board of education of each school district and the	6786
governing board of an educational service center may appoint one	6787
or more assistant superintendents and such other administrators as	6788
are necessary. An assistant educational service center	6789
superintendent or service center supervisor employed on a	6790
part-time basis may also be employed by a local board as a	6791
teacher. The board of each city, exempted village, and local	6792
school district shall employ principals for all high schools and	6793
for such other schools as the board designates, and those boards	6794
may appoint assistant principals for any school that they	6795
designate.	6796

(C) In educational service centers and in city, exempted	6797
village, and local school districts, assistant superintendents,	6798
principals, assistant principals, and other administrators shall	6799
only be employed or reemployed in accordance with nominations of	6800
the superintendent, except that a board of education of a school	6801
district or the governing board of a service center, by a	6802
three-fourths vote of its full membership, may reemploy any	6803
assistant superintendent, principal, assistant principal, or other	6804
administrator whom the superintendent refuses to nominate.	6805

The board of education or governing board shall execute a	6806
written contract of employment with each assistant superintendent,	6807
principal, assistant principal, and other administrator it employs	6808
or reemploys. The term of such contract shall not exceed three	6809
years except that in the case of a person who has been employed as	6810
an assistant superintendent, principal, assistant principal, or	6811
other administrator in the district or center for three years or	6812
more, the term of the contract shall be for not more than five	6813
years and, unless the superintendent of the district recommends	6814
otherwise, not less than two years. If the superintendent so	6815
recommends, the term of the contract of a person who has been	6816
employed by the district or service center as an assistant	6817
superintendent, principal, assistant principal, or other	6818
administrator for three years or more may be one year, but all	6819
subsequent contracts granted such person shall be for a term of	6820
not less than two years and not more than five years. When a	6821
teacher with continuing service status becomes an assistant	6822
superintendent, principal, assistant principal, or other	6823
administrator with the district or service center with which the	6824
teacher holds continuing service status, the teacher retains such	6825
status in the teacher's nonadministrative position as provided in	6826
sections 3319.08 and 3319.09 of the Revised Code.	6827

A board of education or governing board may reemploy an	6828
assistant superintendent, principal, assistant principal, or other	6829
administrator at any regular or special meeting held during the	6830
period beginning on the first day of January of the calendar year	6831
immediately preceding the year of expiration of the employment	6832
contract and ending on the ~~last~~first day of ~~March~~June of the	6833
year the employment contract expires.	6834

Except by mutual agreement of the parties thereto, no	6835
assistant superintendent, principal, assistant principal, or other	6836
administrator shall be transferred during the life of a contract	6837
to a position of lesser responsibility. No contract may be	6838
terminated by a board except pursuant to section 3319.16 of the	6839
Revised Code. No contract may be suspended except pursuant to	6840
section 3319.17 or 3319.171 of the Revised Code. The salaries and	6841
compensation prescribed by such contracts shall not be reduced by	6842
a board unless such reduction is a part of a uniform plan	6843
affecting the entire district or center. The contract shall	6844
specify the employee's administrative position and duties as	6845
included in the job description adopted under division (D) of this	6846
section, the salary and other compensation to be paid for	6847
performance of duties, the number of days to be worked, the number	6848
of days of vacation leave, if any, and any paid holidays in the	6849
contractual year.	6850

An assistant superintendent, principal, assistant principal,	6851
or other administrator is, at the expiration of the current term	6852
of employment, deemed reemployed at the same salary plus any	6853
increments that may be authorized by the board, unless such	6854
employee notifies the board in writing to the contrary on or	6855
before the ~~first~~fifteenth day of June, or unless such board, on	6856
or before the ~~last~~first day of ~~March~~June of the year in which	6857
the contract of employment expires, either reemploys such employee	6858
for a succeeding term or gives written notice of its intention not	6859
to reemploy the employee. The term of reemployment of a person	6860
reemployed under this paragraph shall be one year, except that if	6861
such person has been employed by the school district or service	6862
center as an assistant superintendent, principal, assistant	6863
principal, or other administrator for three years or more, the	6864
term of reemployment shall be two years.	6865

(D)(1) Each board shall adopt procedures for the evaluation	6866
of all assistant superintendents, principals, assistant	6867
principals, and other administrators and shall evaluate such	6868
employees in accordance with those procedures. The procedures for	6869
the evaluation of principals and assistant principals shall be	6870
based on principles comparable to the teacher evaluation policy	6871
adopted by the board under section 3319.111 of the Revised Code,	6872
but shall be tailored to the duties and responsibilities of	6873
principals and assistant principals and the environment in which	6874
~~principals~~they work. An evaluation based upon procedures adopted	6875
under this division shall be considered by the board in deciding	6876
whether to renew the contract of employment of an assistant	6877
superintendent, principal, assistant principal, or other	6878
administrator.	6879

(2) The evaluation shall measure each assistant	6880
superintendent's, principal's, assistant principal's, and other	6881
administrator's effectiveness in performing the duties included in	6882
the job description and the evaluation procedures shall provide	6883
for, but not be limited to, the following:	6884

(a) Each assistant superintendent, principal, assistant	6885
principal, and other administrator shall be evaluated annually	6886
through a written evaluation process.	6887

(b) The evaluation shall be conducted by the superintendent	6888
or designee.	6889

(c) In order to provide time to show progress in correcting	6890
the deficiencies identified in the evaluation process, the	6891
evaluation process shall be completed as follows:	6892

(i) In any school year that the employee's contract of	6893
employment is not due to expire, at least one evaluation shall be	6894
completed in that year. A written copy of the evaluation shall be	6895
provided to the employee no later than the end of the employee's	6896
contract year as defined by the employee's annual salary notice.	6897

(ii) In any school year that the employee's contract of	6898
employment is due to expire, at least a preliminary evaluation and	6899
at least a final evaluation shall be completed in that year. A	6900
written copy of the preliminary evaluation shall be provided to	6901
the employee at least sixty days prior to any action by the board	6902
on the employee's contract of employment. The final evaluation	6903
shall indicate the superintendent's intended recommendation to the	6904
board regarding a contract of employment for the employee. A	6905
written copy of the evaluation shall be provided to the employee	6906
at least five days prior to the board's acting to renew or not	6907
renew the contract.	6908

(3) Termination of an assistant superintendent, principal,	6909
assistant principal, or other administrator's contract shall be	6910
pursuant to section 3319.16 of the Revised Code. Suspension of any	6911
such employee shall be pursuant to section 3319.17 or 3319.171 of	6912
the Revised Code.	6913

(4) Before taking action to renew or nonrenew the contract of	6914
an assistant superintendent, principal, assistant principal, or	6915
other administrator under this section and prior to the ~~last~~first	6916
day of ~~March~~June of the year in which such employee's contract	6917
expires, the board shall notify each such employee of the date	6918
that the contract expires and that the employee may request a	6919
meeting with the board. Upon request by such an employee, the	6920
board shall grant the employee a meeting in executive session. In	6921
that meeting, the board shall discuss its reasons for considering	6922
renewal or nonrenewal of the contract. The employee shall be	6923
permitted to have a representative, chosen by the employee,	6924
present at the meeting.	6925

(5) The establishment of an evaluation procedure shall not	6926
create an expectancy of continued employment. Nothing in division	6927
(D) of this section shall prevent a board from making the final	6928
determination regarding the renewal or nonrenewal of the contract	6929
of any assistant superintendent, principal, assistant principal,	6930
or other administrator. However, if a board fails to provide	6931
evaluations pursuant to division (D)(2)(c)(i) or (ii) of this	6932
section, or if the board fails to provide at the request of the	6933
employee a meeting as prescribed in division (D)(4) of this	6934
section, the employee automatically shall be reemployed at the	6935
same salary plus any increments that may be authorized by the	6936
board for a period of one year, except that if the employee has	6937
been employed by the district or service center as an assistant	6938
superintendent, principal, assistant principal, or other	6939
administrator for three years or more, the period of reemployment	6940
shall be for two years.	6941

(E) On nomination of the superintendent of a service center a	6942
governing board may employ supervisors who shall be employed under	6943
written contracts of employment for terms not to exceed five years	6944
each. Such contracts may be terminated by a governing board	6945
pursuant to section 3319.16 of the Revised Code. Any supervisor	6946
employed pursuant to this division may terminate the contract of	6947
employment at the end of any school year after giving the board at	6948
least thirty days' written notice prior to such termination. On	6949
the recommendation of the superintendent the contract or contracts	6950
of any supervisor employed pursuant to this division may be	6951
suspended for the remainder of the term of any such contract	6952
pursuant to section 3319.17 or 3319.171 of the Revised Code.	6953

(F) A board may establish vacation leave for any individuals	6954
employed under this section. Upon such an individual's separation	6955
from employment, a board that has such leave may compensate such	6956
an individual at the individual's current rate of pay for all	6957
lawfully accrued and unused vacation leave credited at the time of	6958
separation, not to exceed the amount accrued within three years	6959
before the date of separation. In case of the death of an	6960
individual employed under this section, such unused vacation leave	6961
as the board would have paid to the individual upon separation	6962
under this section shall be paid in accordance with section	6963
2113.04 of the Revised Code, or to the estate.	6964

(G) The board of education of any school district may	6965
contract with the governing board of the educational service	6966
center from which it otherwise receives services to conduct	6967
searches and recruitment of candidates for assistant	6968
superintendent, principal, assistant principal, and other	6969
administrator positions authorized under this section.	6970

Sec. 3319.06. (A) The board of education of each city,	6971
exempted village, or local school district may create the position	6972
of internal auditor. Any person employed by the board as an	6973
internal auditor shall hold a valid permit issued under section	6974
4701.10 of the Revised Code to practice as a certified public	6975
accountant or a public accountant.	6976

(B) The board shall execute a written contract of employment	6977
with each internal auditor it employs. The contract shall specify	6978
the internal auditor's duties, the salary and other compensation	6979
to be paid for performance of those duties, the number of days to	6980
be worked, the number of days of vacation leave, if any, and any	6981
paid holidays in the contractual year. The salary and other	6982
compensation prescribed by the contract may be increased by the	6983
board during the term of the contract but shall not be reduced	6984
during that term unless such reduction is part of a uniform plan	6985
affecting employees of the entire district. The term of the	6986
initial contract shall not exceed three years. Any renewal of the	6987
contract shall be for a term of not less than two years and not	6988
more than five years.	6989

The internal auditor shall be directly responsible to the	6990
board for the performance of all duties outlined in the contract.	6991
If the board does not intend to renew the contract upon its	6992
expiration, the board shall provide written notice to the internal	6993
auditor of its intention not to renew the contract not later than	6994
the ~~last~~first day of ~~March~~June of the year in which the contract	6995
expires. If the board does not provide such notice by that date,	6996
the internal auditor shall be deemed reemployed for a term of one	6997
year at the same salary plus any increments that may be authorized	6998
by the board. Termination of an internal auditor's contract shall	6999
be pursuant to section 3319.16 of the Revised Code.	7000

(C) Each board that employs an internal auditor shall adopt	7001
procedures for the evaluation of the internal auditor and shall	7002
evaluate the internal auditor in accordance with those procedures.	7003
The evaluation based upon the procedures shall be considered by	7004
the board in deciding whether to renew the internal auditor's	7005
contract of employment. The establishment of an evaluation	7006
procedure shall not create an expectancy of continued employment.	7007
Nothing in this section shall prevent the board from making the	7008
final determination regarding the renewal or nonrenewal of the	7009
contract of an internal auditor.	7010

Sec. 3319.11. (A) As used in this section:

7011

(1) "Evaluation procedures" means the procedures required by	7012
the policy adopted pursuant to division (A) of section 3319.111 of	7013
the Revised Code.	7014

(2) "Limited contract" means a limited contract, as described	7015
in section 3319.08 of the Revised Code, that a school district	7016
board of education or governing board of an educational service	7017
center enters into with a teacher who is not eligible for	7018
continuing service status.	7019

(3) "Extended limited contract" means a limited contract, as	7020
described in section 3319.08 of the Revised Code, that a board of	7021
education or governing board enters into with a teacher who is	7022
eligible for continuing service status.	7023

(B) Teachers eligible for continuing service status in any	7024
city, exempted village, local, or joint vocational school district	7025
or educational service center shall be those teachers qualified as	7026
described in division (D) of section 3319.08 of the Revised Code,	7027
who within the last five years have taught for at least three	7028
years in the district or center, and those teachers who, having	7029
attained continuing contract status elsewhere, have served two	7030
years in the district or center, but the board, upon the	7031
recommendation of the superintendent, may at the time of	7032
employment or at any time within such two-year period, declare any	7033
of the latter teachers eligible.	7034

(1) Upon the recommendation of the superintendent that a	7035
teacher eligible for continuing service status be reemployed, a	7036
continuing contract shall be entered into between the board and	7037
the teacher unless the board by a three-fourths vote of its full	7038
membership rejects the recommendation of the superintendent. If	7039
the board rejects by a three-fourths vote of its full membership	7040
the recommendation of the superintendent that a teacher eligible	7041
for continuing service status be reemployed and the superintendent	7042
makes no recommendation to the board pursuant to division (C) of	7043
this section, the board may declare its intention not to reemploy	7044
the teacher by giving the teacher written notice on or before the	7045
~~thirtieth~~first day of ~~April~~June of its intention not to reemploy	7046
the teacher. If evaluation procedures have not been complied with	7047
pursuant to section 3319.111 of the Revised Code or the board does	7048
not give the teacher written notice on or before the ~~thirtieth~~	7049
first day of ~~April~~June of its intention not to reemploy the	7050
teacher, the teacher is deemed reemployed under an extended	7051
limited contract for a term not to exceed one year at the same	7052
salary plus any increment provided by the salary schedule. The	7053
teacher is presumed to have accepted employment under the extended	7054
limited contract for a term not to exceed one year unless such	7055
teacher notifies the board in writing to the contrary on or before	7056
the ~~first~~fifteenth day of June, and an extended limited contract	7057
for a term not to exceed one year shall be executed accordingly.	7058
Upon any subsequent reemployment of the teacher only a continuing	7059
contract may be entered into.	7060

(2) If the superintendent recommends that a teacher eligible	7061
for continuing service status not be reemployed, the board may	7062
declare its intention not to reemploy the teacher by giving the	7063
teacher written notice on or before the ~~thirtieth~~first day of	7064
~~April~~June of its intention not to reemploy the teacher. If	7065
evaluation procedures have not been complied with pursuant to	7066
section 3319.111 of the Revised Code or the board does not give	7067
the teacher written notice on or before the ~~thirtieth~~first day of	7068
~~April~~June of its intention not to reemploy the teacher, the	7069
teacher is deemed reemployed under an extended limited contract	7070
for a term not to exceed one year at the same salary plus any	7071
increment provided by the salary schedule. The teacher is presumed	7072
to have accepted employment under the extended limited contract	7073
for a term not to exceed one year unless such teacher notifies the	7074
board in writing to the contrary on or before the ~~first~~fifteenth	7075
day of June, and an extended limited contract for a term not to	7076
exceed one year shall be executed accordingly. Upon any subsequent	7077
reemployment of a teacher only a continuing contract may be	7078
entered into.	7079

(3) Any teacher receiving written notice of the intention of	7080
a board not to reemploy such teacher pursuant to this division is	7081
entitled to the hearing provisions of division (G) of this	7082
section.	7083

(C)(1) If a board rejects the recommendation of the	7084
superintendent for reemployment of a teacher pursuant to division	7085
(B)(1) of this section, the superintendent may recommend	7086
reemployment of the teacher, if continuing service status has not	7087
previously been attained elsewhere, under an extended limited	7088
contract for a term not to exceed two years, provided that written	7089
notice of the superintendent's intention to make such	7090
recommendation has been given to the teacher with reasons directed	7091
at the professional improvement of the teacher on or before the	7092
~~thirtieth~~first day of ~~April~~June. Upon subsequent reemployment of	7093
the teacher only a continuing contract may be entered into.	7094

(2) If a board of education takes affirmative action on a	7095
superintendent's recommendation, made pursuant to division (C)(1)	7096
of this section, of an extended limited contract for a term not to	7097
exceed two years but the board does not give the teacher written	7098
notice of its affirmative action on the superintendent's	7099
recommendation of an extended limited contract on or before the	7100
~~thirtieth~~first day of ~~April~~June, the teacher is deemed	7101
reemployed under a continuing contract at the same salary plus any	7102
increment provided by the salary schedule. The teacher is presumed	7103
to have accepted employment under such continuing contract unless	7104
such teacher notifies the board in writing to the contrary on or	7105
before the ~~first~~fifteenth day of June, and a continuing contract	7106
shall be executed accordingly.	7107

(3) A board shall not reject a superintendent's	7108
recommendation, made pursuant to division (C)(1) of this section,	7109
of an extended limited contract for a term not to exceed two years	7110
except by a three-fourths vote of its full membership. If a board	7111
rejects by a three-fourths vote of its full membership the	7112
recommendation of the superintendent of an extended limited	7113
contract for a term not to exceed two years, the board may declare	7114
its intention not to reemploy the teacher by giving the teacher	7115
written notice on or before the ~~thirtieth~~first day of ~~April~~June	7116
of its intention not to reemploy the teacher. If evaluation	7117
procedures have not been complied with pursuant to section	7118
3319.111 of the Revised Code or if the board does not give the	7119
teacher written notice on or before the ~~thirtieth~~first day of	7120
~~April~~June of its intention not to reemploy the teacher, the	7121
teacher is deemed reemployed under an extended limited contract	7122
for a term not to exceed one year at the same salary plus any	7123
increment provided by the salary schedule. The teacher is presumed	7124
to have accepted employment under the extended limited contract	7125
for a term not to exceed one year unless such teacher notifies the	7126
board in writing to the contrary on or before the ~~first~~fifteenth	7127
day of June, and an extended limited contract for a term not to	7128
exceed one year shall be executed accordingly. Upon any subsequent	7129
reemployment of the teacher only a continuing contract may be	7130
entered into.	7131

Any teacher receiving written notice of the intention of a	7132
board not to reemploy such teacher pursuant to this division is	7133
entitled to the hearing provisions of division (G) of this	7134
section.	7135

(D) A teacher eligible for continuing contract status	7136
employed under an extended limited contract pursuant to division	7137
(B) or (C) of this section, is, at the expiration of such extended	7138
limited contract, deemed reemployed under a continuing contract at	7139
the same salary plus any increment granted by the salary schedule,	7140
unless evaluation procedures have been complied with pursuant to	7141
section 3319.111 of the Revised Code and the employing board,	7142
acting on the superintendent's recommendation that the teacher not	7143
be reemployed, gives the teacher written notice on or before the	7144
~~thirtieth~~first day of ~~April~~June of its intention not to reemploy	7145
such teacher. A teacher who does not have evaluation procedures	7146
applied in compliance with section 3319.111 of the Revised Code or	7147
who does not receive notice on or before the ~~thirtieth~~first day	7148
of ~~April~~June of the intention of the board not to reemploy such	7149
teacher is presumed to have accepted employment under a continuing	7150
contract unless such teacher notifies the board in writing to the	7151
contrary on or before the ~~first~~fifteenth day of June, and a	7152
continuing contract shall be executed accordingly.	7153

Any teacher receiving a written notice of the intention of a	7154
board not to reemploy such teacher pursuant to this division is	7155
entitled to the hearing provisions of division (G) of this	7156
section.	7157

(E) The board shall enter into a limited contract with each	7158
teacher employed by the board who is not eligible to be considered	7159
for a continuing contract.	7160

Any teacher employed under a limited contract, and not	7161
eligible to be considered for a continuing contract, is, at the	7162
expiration of such limited contract, considered reemployed under	7163
the provisions of this division at the same salary plus any	7164
increment provided by the salary schedule unless evaluation	7165
procedures have been complied with pursuant to section 3319.111 of	7166
the Revised Code and the employing board, acting upon the	7167
superintendent's written recommendation that the teacher not be	7168
reemployed, gives such teacher written notice of its intention not	7169
to reemploy such teacher on or before the ~~thirtieth~~first day of	7170
~~April~~June. A teacher who does not have evaluation procedures	7171
applied in compliance with section 3319.111 of the Revised Code or	7172
who does not receive notice of the intention of the board not to	7173
reemploy such teacher on or before the ~~thirtieth~~first day of	7174
~~April~~June is presumed to have accepted such employment unless	7175
such teacher notifies the board in writing to the contrary on or	7176
before the ~~first~~fifteenth day of June, and a written contract for	7177
the succeeding school year shall be executed accordingly.	7178

Any teacher receiving a written notice of the intention of a	7179
board not to reemploy such teacher pursuant to this division is	7180
entitled to the hearing provisions of division (G) of this	7181
section.	7182

(F) The failure of a superintendent to make a recommendation	7183
to the board under any of the conditions set forth in divisions	7184
(B) to (E) of this section, or the failure of the board to give	7185
such teacher a written notice pursuant to divisions (C) to (E) of	7186
this section shall not prejudice or prevent a teacher from being	7187
deemed reemployed under either a limited or continuing contract as	7188
the case may be under the provisions of this section. A failure of	7189
the parties to execute a written contract shall not void any	7190
automatic reemployment provisions of this section.	7191

(G)(1) Any teacher receiving written notice of the intention	7192
of a board of education not to reemploy such teacher pursuant to	7193
division (B), (C)(3), (D), or (E) of this section may, within ten	7194
days of the date of receipt of the notice, file with the treasurer	7195
of the board a written demand for a written statement describing	7196
the circumstances that led to the board's intention not to	7197
reemploy the teacher.	7198

(2) The treasurer of a board, on behalf of the board, shall,	7199
within ten days of the date of receipt of a written demand for a	7200
written statement pursuant to division (G)(1) of this section,	7201
provide to the teacher a written statement describing the	7202
circumstances that led to the board's intention not to reemploy	7203
the teacher.	7204

(3) Any teacher receiving a written statement describing the	7205
circumstances that led to the board's intention not to reemploy	7206
the teacher pursuant to division (G)(2) of this section may,	7207
within five days of the date of receipt of the statement, file	7208
with the treasurer of the board a written demand for a hearing	7209
before the board pursuant to divisions (G)(4) to (6) of this	7210
section.	7211

(4) The treasurer of a board, on behalf of the board, shall,	7212
within ten days of the date of receipt of a written demand for a	7213
hearing pursuant to division (G)(3) of this section, provide to	7214
the teacher a written notice setting forth the time, date, and	7215
place of the hearing. The board shall schedule and conclude the	7216
hearing within forty days of the date on which the treasurer of	7217
the board receives a written demand for a hearing pursuant to	7218
division (G)(3) of this section.	7219

(5) Any hearing conducted pursuant to this division shall be	7220
conducted by a majority of the members of the board. The hearing	7221
shall be held in executive session of the board unless the board	7222
and the teacher agree to hold the hearing in public. The	7223
superintendent, assistant superintendent, the teacher, and any	7224
person designated by either party to take a record of the hearing	7225
may be present at the hearing. The board may be represented by	7226
counsel and the teacher may be represented by counsel or a	7227
designee. A record of the hearing may be taken by either party at	7228
the expense of the party taking the record.	7229

(6) Within ten days of the conclusion of a hearing conducted	7230
pursuant to this division, the board shall issue to the teacher a	7231
written decision containing an order affirming the intention of	7232
the board not to reemploy the teacher reported in the notice given	7233
to the teacher pursuant to division (B), (C)(3), (D), or (E) of	7234
this section or an order vacating the intention not to reemploy	7235
and expunging any record of the intention, notice of the	7236
intention, and the hearing conducted pursuant to this division.	7237

(7) A teacher may appeal an order affirming the intention of	7238
the board not to reemploy the teacher to the court of common pleas	7239
of the county in which the largest portion of the territory of the	7240
school district or service center is located, within thirty days	7241
of the date on which the teacher receives the written decision, on	7242
the grounds that the board has not complied with this section or	7243
section 3319.111 of the Revised Code.	7244

Notwithstanding section 2506.04 of the Revised Code, the	7245
court in an appeal under this division is limited to the	7246
determination of procedural errors and to ordering the correction	7247
of procedural errors and shall have no jurisdiction to order a	7248
board to reemploy a teacher, except that the court may order a	7249
board to reemploy a teacher in compliance with the requirements of	7250
division (B), (C)(3), (D), or (E) of this section when the court	7251
determines that evaluation procedures have not been complied with	7252
pursuant to section 3319.111 of the Revised Code or the board has	7253
not given the teacher written notice on or before the ~~thirtieth~~	7254
first day of ~~April~~June of its intention not to reemploy the	7255
teacher pursuant to division (B), (C)(3), (D), or (E) of this	7256
section. Otherwise, the determination whether to reemploy or not	7257
reemploy a teacher is solely a board's determination and not a	7258
proper subject of judicial review and, except as provided in this	7259
division, no decision of a board whether to reemploy or not	7260
reemploy a teacher shall be invalidated by the court on any basis,	7261
including that the decision was not warranted by the results of	7262
any evaluation or was not warranted by any statement given	7263
pursuant to division (G)(2) of this section.	7264

No appeal of an order of a board may be made except as	7265
specified in this division.	7266

(H)(1) In giving a teacher any notice required by division	7267
(B), (C), (D), or (E) of this section, the board or the	7268
superintendent shall do either of the following:	7269

(a) Deliver the notice by personal service upon the teacher;

7270

(b) Deliver the notice by certified mail, return receipt	7271
requested, addressed to the teacher at the teacher's place of	7272
employment and deliver a copy of the notice by certified mail,	7273
return receipt requested, addressed to the teacher at the	7274
teacher's place of residence.	7275

(2) In giving a board any notice required by division (B),	7276
(C), (D), or (E) of this section, the teacher shall do either of	7277
the following:	7278

(a) Deliver the notice by personal delivery to the office of	7279
the superintendent during regular business hours;	7280

(b) Deliver the notice by certified mail, return receipt	7281
requested, addressed to the office of the superintendent and	7282
deliver a copy of the notice by certified mail, return receipt	7283
requested, addressed to the president of the board at the	7284
president's place of residence.	7285

(3) When any notice and copy of the notice are mailed	7286
pursuant to division (H)(1)(b) or (2)(b) of this section, the	7287
notice or copy of the notice with the earlier date of receipt	7288
shall constitute the notice for the purposes of division (B), (C),	7289
(D), or (E) of this section.	7290

(I) The provisions of this section shall not apply to any	7291
supplemental written contracts entered into pursuant to section	7292
3319.08 of the Revised Code.	7293

Sec. 3319.111. Notwithstanding section 3319.09 of the Revised	7294
Code, this section applies to any person who is employed under a	7295
teacher license issued under this chapter, or under a professional	7296
or permanent teacher's certificate issued under former section	7297
3319.222 of the Revised Code, and who spends at least fifty per	7298
cent of the time employed providing student instruction. However,	7299
this section does not apply to any person who is employed as a	7300
substitute teacher.	7301

(A) Not later than July 1, 2013, the board of education of	7302
each school district, in consultation with teachers employed by	7303
the board, shall adopt a standards-based teacher evaluation policy	7304
that conforms with the framework for evaluation of teachers	7305
developed under section 3319.112 of the Revised Code. ~~The policy~~	7306
~~shall become operative at the expiration of any collective~~	7307
~~bargaining agreement covering teachers employed by the board that~~	7308
~~is in effect on the effective date of this section and shall be~~	7309
~~included in any renewal or extension of such an agreement.~~	7310

(B) When using measures of student academic growth as a	7311
component of a teacher's evaluation, those measures shall include	7312
the value-added progress dimension prescribed by section 3302.021	7313
of the Revised Code. For teachers of grade levels and subjects for	7314
which the value-added progress dimension is not applicable, the	7315
board shall administer assessments on the list developed under	7316
division (B)(2) of section 3319.112 of the Revised Code.	7317

(C)(1) The board shall conduct an evaluation of each teacher	7318
employed by the board at least once each school year, except as	7319
provided in ~~divisions~~division (C)(2) ~~and (3)~~ of this section. The	7320
evaluation shall be completed by the first day of ~~April~~May and	7321
the teacher shall receive a written report of the results of the	7322
evaluation by the tenth day of ~~April~~May.	7323

(2) ~~If the board has entered into a limited contract or~~	7324
~~extended limited contract with the teacher pursuant to section~~	7325
~~3319.11 of the Revised Code, the board shall evaluate the teacher~~	7326
~~at least twice in any school year in which the board may wish to~~	7327
~~declare its intention not to re-employ the teacher pursuant to~~	7328
~~division (B), (C)(3), (D), or (E) of that section. One evaluation~~	7329
~~shall be conducted and completed not later than the fifteenth day~~	7330
~~of January and the teacher being evaluated shall receive a written~~	7331
~~report of the results of this evaluation not later than the~~	7332
~~twenty-fifth day of January. One evaluation shall be conducted and~~	7333
~~completed between the tenth day of February and the first day of~~	7334
~~April and the teacher being evaluated shall receive a written~~	7335
~~report of the results of this evaluation not later than the tenth~~	7336
~~day of April.~~	7337

~~(3)~~ The board may elect, by adoption of a resolution, to	7338
evaluate each teacher who received a rating of accomplished on the	7339
teacher's most recent evaluation conducted under this section once	7340
every two school years. In that case, the biennial evaluation	7341
shall be completed by the first day of ~~April~~May of the applicable	7342
school year, and the teacher shall receive a written report of the	7343
results of the evaluation by the tenth day of ~~April~~May of that	7344
school year.	7345

(D) Each evaluation conducted pursuant to this section shall	7346
be conducted by one or more of the following persons who hold a	7347
credential established by the department of education for being an	7348
evaluator:	7349

(1) A person who is under contract with the board pursuant to	7350
section 3319.01 or 3319.02 of the Revised Code and holds a license	7351
designated for being a superintendent, assistant superintendent,	7352
or principal issued under section 3319.22 of the Revised Code;	7353

(2) A person who is under contract with the board pursuant to	7354
section 3319.02 of the Revised Code and holds a license designated	7355
for being a vocational director, administrative specialist, or a	7356
supervisor in any educational area issued under section 3319.22 of	7357
the Revised Code;	7358

(3) A person designated to conduct evaluations under an	7359
agreement ~~providing for peer review~~ entered into by the board,	7360
including an agreement providing for peer review entered into by	7361
the board and representatives of teachers employed by the board;	7362

(4) A person who is employed by an entity contracted by the	7363
board to conduct evaluations and who holds a license designated	7364
for being a superintendent, assistant superintendent, principal,	7365
vocational director, administrative specialist, or supervisor in	7366
any educational area issued under section 3319.22 of the Revised	7367
Code.	7368

(E) Notwithstanding division (A)(3) of section 3319.112 of	7369
the Revised Code:	7370

(1) The board shall require at least three formal	7371
observations of each teacher with whom the board has entered into	7372
a limited contract or an extended limited contract under section	7373
3319.11 of the Revised Code.	7374

(2) The board may elect, by adoption of a resolution, to	7375
require only one formal observation of a teacher who received a	7376
rating of accomplished on the teacher's most recent evaluation	7377
conducted under this section, provided the teacher completes a	7378
project that has been approved by the board to demonstrate the	7379
teacher's continued growth and practice at the accomplished level.	7380

(F) The board shall include in its evaluation policy	7381
procedures for using the evaluation results for retention and	7382
promotion decisions and for removal of poorly performing teachers.	7383
Seniority shall not be the basis for a decision to retain a	7384
teacher, except when making a decision between teachers who have	7385
comparable evaluations.	7386

~~(F) This section does not apply to superintendents and~~	7387
~~administrators subject to evaluation procedures under sections~~	7388
~~3319.01 and 3319.02 of the Revised Code or to any teacher employed~~	7389
~~as a substitute for less than one hundred twenty days during a~~	7390
~~school year pursuant to section 3319.10 of the Revised Code.~~	7391

(G) For purposes of section 3333.0411 of the Revised Code,	7392
the board annually shall report to the department of education the	7393
number of teachers for whom an evaluation was conducted under this	7394
section and the number of teachers assigned each rating prescribed	7395
under division (B)(1) of section 3319.112 of the Revised Code,	7396
aggregated by the teacher preparation programs from which and the	7397
years in which the teachers graduated. The department shall	7398
establish guidelines for reporting the information required by	7399
this division. The guidelines shall not permit or require that the	7400
name of, or any other personally identifiable information about,	7401
any teacher be reported under this division.	7402

(H) Notwithstanding any provision to the contrary in Chapter	7403
4117. of the Revised Code, the requirements of this section	7404
prevail over any conflicting provisions of a collective bargaining	7405
agreement entered into on or after the effective date of this	7406
amendment.	7407

Sec. 3319.112. (A) Not later than December 31, 2011, the	7408
state board of education shall develop a standards-based state	7409
framework for the evaluation of teachers. The state board may	7410
update the framework periodically by adoption of a resolution. The	7411
framework shall establish an evaluation system that does the	7412
following:	7413

(1) Provides for multiple evaluation factors, including	7414
student academic growth which shall account for fifty per cent of	7415
each evaluation;. In calculating student academic growth for an	7416
evaluation, a student shall not be included if the student has	7417
sixty or more absences for the school year, whether excused or	7418
unexcused.	7419

(2) Is aligned with the standards for teachers adopted under	7420
section 3319.61 of the Revised Code;	7421

(3) Requires observation of the teacher being evaluated,	7422
including at least two formal observations by the evaluator of at	7423
least thirty minutes each and classroom walkthroughs;	7424

(4) Assigns a rating on each evaluation in accordance with	7425
division (B) of this section;	7426

(5) Requires each teacher to be provided with a written	7427
report of the results of the teacher's evaluation;	7428

(6) Identifies measures of student academic growth for grade	7429
levels and subjects for which the value-added progress dimension	7430
prescribed by section 3302.021 of the Revised Code does not apply;	7431

(7) Implements a classroom-level, value-added program	7432
developed by a nonprofit organization described in division (B) of	7433
section 3302.021 of the Revised Code;	7434

(8) Provides for professional development to accelerate and	7435
continue teacher growth and provide support to poorly performing	7436
teachers;	7437

(9) Provides for the allocation of financial resources to	7438
support professional development.	7439

(B) For purposes of the framework developed under this	7440
section, the state board also shall do the following:	7441

(1) Develop specific standards and criteria that distinguish	7442
between the following levels of performance for teachers and	7443
principals for the purpose of assigning ratings on the evaluations	7444
conducted under sections 3319.02 and 3319.111 of the Revised Code:	7445

(a) Accomplished;

7446

(b) Proficient;

7447

7448

(d) Ineffective.

7449

(2) For grade levels and subjects for which the assessments	7450
prescribed under sections 3301.0710 and 3301.0712 of the Revised	7451
Code and the value-added progress dimension prescribed by section	7452
3302.021 of the Revised Code do not apply, develop a list of	7453
student assessments that measure mastery of the course content for	7454
the appropriate grade level, which may include nationally normed	7455
standardized assessments, industry certification examinations, or	7456
end-of-course examinations.	7457

(C) The state board shall consult with experts, teachers and	7458
principals employed in public schools, and representatives of	7459
stakeholder groups in developing the standards and criteria	7460
required by division (B)(1) of this section.	7461

(D) To assist school districts in developing evaluation	7462
policies under sections 3319.02 and 3319.111 of the Revised Code,	7463
the department shall do both of the following:	7464

(1) Serve as a clearinghouse of promising evaluation	7465
procedures and evaluation models that districts may use;	7466

(2) Provide technical assistance to districts in creating	7467
evaluation policies.	7468

(E) Not later than June 30, 2013, the state board, in	7469
consultation with state agencies that employ teachers, shall	7470
develop a standards-based framework for the evaluation of teachers	7471
employed by those agencies. Each state agency that employs	7472
teachers shall adopt a standards-based teacher evaluation policy	7473
that conforms with the framework developed under this division.	7474
The policy shall become operative at the expiration of any	7475
collective bargaining agreement covering teachers employed by the	7476
agency that is in effect on the effective date of this amendment	7477
and shall be included in any renewal or extension of such an	7478
agreement.	7479

Sec. 3319.58. (A) As used in this section, "core subject	7480
area" has the same meaning as in section 3319.074 of the Revised	7481
Code.	7482

(B) Each year, the board of education of each city, exempted	7483
village, and local school district shall require each classroom	7484
teacher who is currently teaching in a core subject area and has	7485
received a rating of ineffective on the evaluations conducted	7486
under section 3319.111 of the Revised Code for two of the three	7487
most recent school years to register for and take all written	7488
examinations of content knowledge selected by the department of	7489
education as appropriate to determine expertise to teach that core	7490
subject area and the grade level to which the teacher is assigned.	7491

(C) Each year, the ~~board of education of each city, exempted~~	7492
~~village, and local school district,~~ governing authority of each	7493
community school established under Chapter 3314. of the Revised	7494
Code, and governing body of each STEM school established under	7495
Chapter 3326. of the Revised Code with a building ranked in the	7496
lowest ten per cent of all public school buildings according to	7497
performance index score, under section 3302.21 of the Revised	7498
Code, shall require each classroom teacher currently teaching in a	7499
core subject area in such a building to register for and take all	7500
written examinations ~~prescribed by the state board of education~~	7501
~~for licensure~~of content knowledge selected by the department as	7502
appropriate to determine expertise to teach that core subject area	7503
and the grade level to which the teacher is assigned ~~under~~	7504
~~section 3319.22 of the Revised Code~~. ~~However, if~~	7505

(D) If a teacher who takes ~~a prescribed~~an examination under	7506
this ~~division~~section passes that examination and provides proof	7507
of that passage to the teacher's employer, the teacher shall not	7508
be required to take the examination again for three years,	7509
regardless of the teacher's evaluation ratings or the performance	7510
index score ranking of the building in which the teacher teaches.	7511
No teacher shall be responsible for the cost of taking an	7512
examination under this ~~division~~section.	7513

~~(C)~~(E) Each district board of education, each community	7514
school governing authority, and each STEM school governing body	7515
may use the results of a teacher's examinations required under	7516
division (B) or (C) of this section in developing and revising	7517
professional development plans and in deciding whether or not to	7518
continue employing the teacher in accordance with the provisions	7519
of this chapter or Chapter 3314. or 3326. of the Revised Code.	7520
However, no decision to terminate or not to renew a teacher's	7521
employment contract shall be made solely on the basis of the	7522
results of a teacher's examination under this section until and	7523
unless the teacher has not attained a passing score on the same	7524
required examination for at least three consecutive	7525
administrations of that examination.	7526

Sec. 3321.01. (A)(1) As used in this chapter, "parent,"	7527
"guardian," or "other person having charge or care of a child"	7528
means either parent unless the parents are separated or divorced	7529
or their marriage has been dissolved or annulled, in which case	7530
"parent" means the parent who is the residential parent and legal	7531
custodian of the child. If the child is in the legal or permanent	7532
custody of a person or government agency, "parent" means that	7533
person or government agency. When a child is a resident of a home,	7534
as defined in section 3313.64 of the Revised Code, and the child's	7535
parent is not a resident of this state, "parent," "guardian," or	7536
"other person having charge or care of a child" means the head of	7537
the home.	7538

A child between six and eighteen years of age is "of	7539
compulsory school age" for the purpose of sections 3321.01 to	7540
3321.13 of the Revised Code. A child under six years of age who	7541
has been enrolled in kindergarten also shall be considered "of	7542
compulsory school age" for the purpose of sections 3321.01 to	7543
3321.13 of the Revised Code unless at any time the child's parent	7544
or guardian, at the parent's or guardian's discretion and in	7545
consultation with the child's teacher and principal, formally	7546
withdraws the child from kindergarten. The compulsory school age	7547
of a child shall not commence until the beginning of the term of	7548
such schools, or other time in the school year fixed by the rules	7549
of the board of the district in which the child resides.	7550

(2) No child shall be admitted to a kindergarten or a first	7551
grade of a public school in a district in which all children are	7552
admitted to kindergarten and the first grade in August or	7553
September unless the child is five or six years of age,	7554
respectively, by the thirtieth day of September of the year of	7555
admittance, or by the first day of a term or semester other than	7556
one beginning in August or September in school districts granting	7557
admittance at the beginning of such term or semester, ~~except that~~	7558
~~in those school districts using or obtaining educationally~~	7559
~~accepted standardized testing programs for determining entrance,~~	7560
~~as approved by the board of education of such districts, the board~~	7561
~~shall admit a child to kindergarten or the first grade who fails~~	7562
~~to meet the age requirement, provided the child meets necessary~~	7563
~~standards as determined by such standardized testing programs. If~~	7564
~~the board of education has not established a standardized testing~~	7565
~~program, the board shall designate the necessary standards and a~~	7566
~~testing program it will accept for the purpose of admitting a~~	7567
~~child to kindergarten or first grade who fails to meet the age~~	7568
~~requirement. Each child who will be the proper age for entrance to~~	7569
~~kindergarten or first grade by the first day of January of the~~	7570
~~school year for which admission is requested shall be so tested~~	7571
~~upon the request of the child's parent~~unless the child has been	7572
recommended for early admittance in accordance with the district's	7573
acceleration policy adopted under section 3324.10 of the Revised	7574
Code. A child who does not meet the age requirement for admittance	7575
to kindergarten or first grade shall be evaluated for early	7576
admittance upon referral by an educator employed by the district,	7577
a preschool educator who knows the child, or a pediatrician or	7578
psychologist who knows the child.	7579

(3) Notwithstanding ~~divisions~~division (A)(2) ~~and (D)~~ of this	7580
section, beginning with the school year that starts in 2001 and	7581
continuing thereafter the board of education of any district may	7582
adopt a resolution establishing the first day of August in lieu of	7583
the thirtieth day of September as the required date by which	7584
students must have attained the age specified in ~~those divisions~~	7585
that division.	7586

(4) After a student has been admitted to kindergarten in a	7587
school district or chartered nonpublic school, no board of	7588
education of a school district to which the student transfers	7589
shall deny that student admission based on the student's age.	7590

(B) As used in ~~divisions~~division (C) ~~and (D)~~ of this	7591
section, "successfully completed kindergarten" ~~and "successful~~	7592
~~completion of kindergarten" mean~~means that the child has	7593
completed the kindergarten requirements at one of the following:	7594

(1) A public or chartered nonpublic school;

7595

(2) A kindergarten class that is both of the following:

7596

(a) Offered by a day-care provider licensed under Chapter	7597
5104. of the Revised Code;	7598

(b) If offered after July 1, 1991, is directly taught by a	7599
teacher who holds one of the following:	7600

(i) A valid educator license issued under section 3319.22 of	7601
the Revised Code;	7602

(ii) A Montessori preprimary credential or age-appropriate	7603
diploma granted by the American Montessori society or the	7604
association Montessori internationale;	7605

(iii) Certification determined under division ~~(G)~~(F) of this	7606
section to be equivalent to that described in division	7607
(B)(2)(b)(ii) of this section;	7608

(iv) Certification for teachers in nontax-supported schools	7609
pursuant to section 3301.071 of the Revised Code.	7610

(C) Except as provided in division ~~(D)~~(A)(2) of this section,	7611
no school district shall admit to the first grade any child who	7612
has not successfully completed kindergarten.	7613

(D) ~~Upon request of a parent, the requirement of division (C)~~	7614
~~of this section may be waived by the district's pupil personnel~~	7615
~~services committee in the case of a child who is at least six~~	7616
~~years of age by the thirtieth day of September of the year of~~	7617
~~admittance and who demonstrates to the satisfaction of the~~	7618
~~committee the possession of the social, emotional, and cognitive~~	7619
~~skills necessary for first grade.~~	7620

~~The board of education of each city, local, and exempted~~	7621
~~village school district shall establish a pupil personnel services~~	7622
~~committee. The committee shall be composed of all of the following~~	7623
~~to the extent such personnel are either employed by the district~~	7624
~~or employed by the governing board of the educational service~~	7625
~~center within whose territory the district is located and the~~	7626
~~educational service center generally furnishes the services of~~	7627
~~such personnel to the district:~~	7628

~~(1) The director of pupil personnel services;~~

7629

~~(2) An elementary school counselor;~~

7630

~~(3) An elementary school principal;~~

7631

~~(4) A school psychologist;~~

7632

~~(5) A teacher assigned to teach first grade;~~

7633

~~(6) A gifted coordinator.~~

7634

~~The responsibilities of the pupil personnel services~~	7635
~~committee shall be limited to the issuing of waivers allowing~~	7636
~~admittance to the first grade without the successful completion of~~	7637
~~kindergarten. The committee shall have no other authority except~~	7638
~~as specified in this section.~~	7639

~~(E)~~ The scheduling of times for kindergarten classes and	7640
length of the school day for kindergarten shall be determined by	7641
the board of education of a city, exempted village, or local	7642
school district.	7643

~~(F)~~(E) Any kindergarten class offered by a day-care provider	7644
or school described by division (B)(1) or (B)(2)(a) of this	7645
section shall be developmentally appropriate.	7646

~~(G)~~(F) Upon written request of a day-care provider described	7647
by division (B)(2)(a) of this section, the department of education	7648
shall determine whether certification held by a teacher employed	7649
by the provider meets the requirement of division (B)(2)(b)(iii)	7650
of this section and, if so, shall furnish the provider a statement	7651
to that effect.	7652

~~(H)~~(G) As used in this division, "all-day kindergarten" has	7653
the same meaning as in section 3321.05 of the Revised Code.	7654

(1) Any school district that did not receive for fiscal year	7655
2009 poverty-based assistance for all-day kindergarten under	7656
division (D) of section 3317.029 of the Revised Code may charge	7657
fees or tuition for students enrolled in all-day kindergarten. If	7658
a district charges fees or tuition for all-day kindergarten under	7659
this division, the district shall develop a sliding fee scale	7660
based on family incomes.	7661

(2) The department of education shall conduct an annual	7662
survey of each school district described in division ~~(H)~~(G)(1) of	7663
this section to determine the following:	7664

(a) Whether the district charges fees or tuition for students	7665
enrolled in all-day kindergarten;	7666

(b) The amount of the fees or tuition charged;

7667

(c) How many of the students for whom tuition is charged are	7668
eligible for free lunches under the "National School Lunch Act,"	7669
60 Stat. 230 (1946), 42 U.S.C. 1751, as amended, and the "Child	7670
Nutrition Act of 1966," 80 Stat. 885, 42 U.S.C. 1771, as amended,	7671
and how many of the students for whom tuition is charged are	7672
eligible for reduced price lunches under those acts;	7673

(d) How many students are enrolled in traditional half-day	7674
kindergarten rather than all-day kindergarten.	7675

Each district shall report to the department, in the manner	7676
prescribed by the department, the information described in	7677
divisions ~~(H)~~(G)(2)(a) to (d) of this section.	7678

The department shall issue an annual report on the results of	7679
the survey and shall post the report on its web site. The	7680
department shall issue the first report not later than April 30,	7681
2008, and shall issue a report not later than the thirtieth day of	7682
April each year thereafter.	7683

Sec. 3323.011. As used in this chapter, "individualized	7684
education program" or "IEP" means a written statement for each	7685
child with a disability that is developed, reviewed, and revised	7686
in accordance with this definition and that includes:	7687

(A) A statement of the child's present levels of academic	7688
achievement and functional performance, including:	7689

(1) How the child's disability affects the child's	7690
involvement and progress in the general education curriculum;	7691

(2) For a preschool child with a disability, as appropriate,	7692
how the disability affects the child's participation in	7693
appropriate activities;	7694

(3) For a child with a disability who is not a preschool	7695
child and who will take alternate assessments aligned to alternate	7696
achievement standards, a description of benchmarks or short-term	7697
objectives.	7698

(B) A statement of measurable annual goals, including	7699
academic and functional goals and, at the discretion of the	7700
department of education, short-term instructional objectives that	7701
are designed to:	7702

(1) Meet the child's needs that result from the child's	7703
disability so as to enable the child to be involved in and make	7704
progress in the general education curriculum;	7705

(2) Meet each of the child's other educational needs that	7706
result from the child's disability.	7707

(C) A description of how the child's progress toward meeting	7708
the annual goals described pursuant to division (B) of this	7709
section will be measured and when periodic reports on the progress	7710
the child is making toward meeting the annual goals will be	7711
provided. Such reports may be quarterly or other periodic reports	7712
that are issued concurrent with the issuance of regular report	7713
cards.	7714

(D) A statement of the special education and related services	7715
and supplementary aids and services, based on peer-reviewed	7716
research to the extent practicable, to be provided to the child,	7717
or on behalf of the child, and a statement of the program	7718
modifications or supports for school personnel that will be	7719
provided for the child so that the child may:	7720

(1) Advance appropriately toward attaining the annual goals	7721
described pursuant to division (B) of this section;	7722

(2) Be involved in and make progress in the general education	7723
curriculum and participate in extracurricular and other	7724
nonacademic activities;	7725

(3) Be educated with and participate with both other children	7726
with disabilities and nondisabled children in the specific	7727
activities described pursuant to division (D) of this section.	7728

(E) An explanation of the extent, if any, to which the child	7729
will not participate with nondisabled children in the regular	7730
class, including an early childhood education setting, and in the	7731
activities described pursuant to division (D) of this section;	7732

(F) A statement of any individual appropriate accommodations	7733
that are necessary to measure the academic achievement and	7734
functional performance of the child on state and districtwide	7735
assessments consistent with section 612(a)(16) of the "Individuals	7736
with Disabilities Education Improvement Act of 2004," 20 U.S.C.	7737
1412(a)(16). If the IEP team determines that the child shall take	7738
an alternate assessment on a particular state or districtwide	7739
assessment of student achievement, the IEP shall contain a	7740
statement of why the child cannot participate in the regular	7741
assessment and why the particular alternate assessment selected is	7742
appropriate for the child.	7743

(G) The projected date for the beginning of the services and	7744
modifications described pursuant to division (D) of this section	7745
and the anticipated frequency, location, and duration of those	7746
services and modifications;	7747

(H) Beginning not later than the first IEP to be in effect	7748
when the child is ~~sixteen~~fourteen years of age, and updated	7749
annually thereafter, a statement describing:	7750

(1) Appropriate measurable post-secondary goals based upon	7751
age-appropriate transition assessments related to training,	7752
education, ~~employment,~~ and independent living skills;	7753

(2) Appropriate measurable post-secondary goals based on	7754
age-appropriate transition assessments related to employment in a	7755
competitive environment in which workers are integrated regardless	7756
of disability;	7757

(3) The transition services, including courses of study,	7758
needed to assist the child in reaching the goals described in	7759
~~division~~divisions (H)(1) and (2) of this section.	7760

(I) Beginning not later than one year before the child	7761
reaches eighteen years of age, a statement that the child has been	7762
informed of the child's rights under Title XX of the United States	7763
Code that will transfer to the child on reaching eighteen years of	7764
age in accordance with section 615(m) of the "Individuals with	7765
Disabilities Education Improvement Act of 2004," 20 U.S.C.	7766
1415(m).	7767

Nothing in this section shall be construed to require that	7768
additional information be included in a child's IEP beyond the	7769
items explicitly required by this section and that the IEP team	7770
include information under one component of a child's IEP that is	7771
already contained under another component of the IEP.	7772

Sec. 3323.052. (A) Not later than ~~sixty days after the~~	7773
~~effective date of this section~~November 28, 2011, the department	7774
of education shall develop a document that compares a parent's and	7775
child's rights under this chapter and 20 U.S.C. 1400 et seq. with	7776
the parent's and child's rights under the Jon Peterson special	7777
needs scholarship program, established in sections 3310.51 to	7778
3310.64 of the Revised Code, including the deadline for	7779
application for a scholarship or renewal of a scholarship and	7780
notice of that application to the child's school district,	7781
prescribed in division (C) of section 3310.52 of the Revised Code,	7782
and the provisions of divisions (A) and (B) of section 3310.53 of	7783
the Revised Code. The department shall revise that document as	7784
necessary to reflect any pertinent changes in state or federal	7785
statutory law, rule, or regulation enacted or adopted after the	7786
initial document is developed. ~~The~~	7787

(B) The department and each school district shall ensure that	7788
the document prescribed in division (A) of this section is	7789
included in, appended to, or otherwise distributed in conjunction	7790
with the notice required under 20 U.S.C. 1415(d), and any	7791
provision of the Code of Federal Regulations implementing that	7792
requirement, in the manner and at all the times specified for such	7793
notice in federal law or regulation. As	7794

(C) In addition to the requirement prescribed by division (B)	7795
of this section, each time a child's school district completes an	7796
evaluation for a child with a disability or undertakes the	7797
development, review, or revision of the child's IEP, the district	7798
shall notify the child's parent, by letter or electronic means,	7799
about both the autism scholarship program, under section 3310.41	7800
of the Revised Code, and the Jon Peterson special needs	7801
scholarship program, under sections 3310.51 to 3310.64 of the	7802
Revised Code. The notice shall include the following statement:	7803

"Your child may be eligible for a scholarship under the	7804
Autism Scholarship Program or the Jon Peterson Special Needs	7805
Scholarship Program to attend a special education program that	7806
implements the child's individualized education program and that	7807
is operated by an alternative public provider or by a registered	7808
private provider."	7809

The notice shall include the telephone number of the office	7810
of the department responsible for administering the scholarship	7811
programs and the specific location of scholarship information on	7812
the department's web site.	7813

(D) As used in this section, a "child's school district"	7814
means the school district in which the child is entitled to attend	7815
school under section 3313.64 or 3313.65 of the Revised Code.	7816

Sec. 3326.03. (A) The STEM committee shall authorize the	7817
establishment of and award grants to science, technology,	7818
engineering, and mathematics schools based on proposals submitted	7819
to the committee.	7820

The committee shall determine the criteria for proposals,	7821
establish procedures for the submission of proposals, accept and	7822
evaluate proposals, and choose which proposals to approve to	7823
become a STEM school. In approving proposals for STEM schools, the	7824
committee shall consider locating the schools in diverse	7825
geographic regions of the state so that all students have access	7826
to a STEM school.	7827

The committee may authorize the establishment of a group of	7828
multiple STEM schools to operate from multiple facilities located	7829
in one or more school districts under the direction of a single	7830
governing body in the manner prescribed by section 3326.031 of the	7831
Revised Code. The committee shall consider the merits of each of	7832
the proposed STEM schools within a group and shall authorize each	7833
school separately. Anytime after authorizing a group of STEM	7834
schools to be under the direction of a single governing body, upon	7835
a proposal from the governing body, the committee may authorize	7836
one or more additional schools to operate as part of that group.	7837

The STEM committee may approve one or more STEM schools to	7838
serve only students identified as gifted under Chapter 3324. of	7839
the Revised Code.	7840

(B) Proposals may be submitted only by a partnership of	7841
public and private entities consisting of at least all of the	7842
following:	7843

(1) A city, exempted village, local, or joint vocational	7844
school district;	7845

(2) Higher education entities;

7846

(3) Business organizations.

7847

7848

(1) Assurances that the STEM school or group of STEM schools	7849
will be under the oversight of a governing body and a description	7850
of the members of that governing body and how they will be	7851
selected;	7852

(2) Assurances that ~~the~~each STEM school will operate in	7853
compliance with this chapter and the provisions of the proposal as	7854
accepted by the committee;	7855

(3) Evidence that ~~the~~each school will offer a rigorous,	7856
diverse, integrated, and project-based curriculum to students in	7857
any of grades six through twelve, with the goal to prepare those	7858
students for college, the workforce, and citizenship, and that	7859
does all of the following:	7860

(a) Emphasizes the role of science, technology, engineering,	7861
and mathematics in promoting innovation and economic progress;	7862

(b) Incorporates scientific inquiry and technological design;

7863

7864

(d) Emphasizes personalized learning and teamwork skills.

7865

(4) Evidence that ~~the~~each school will attract school leaders	7866
who support the curriculum principles of division (C)(3) of this	7867
section;	7868

(5) A description of how ~~the~~each school's curriculum will be	7869
developed and approved in accordance with section 3326.09 of the	7870
Revised Code;	7871

(6) Evidence that ~~the~~each school will utilize an established	7872
capacity to capture and share knowledge for best practices and	7873
innovative professional development;	7874

(7) Evidence that ~~the~~each school will operate in	7875
collaboration with a partnership that includes institutions of	7876
higher education and businesses;	7877

(8) Assurances that ~~the~~each school has received commitments	7878
of sustained and verifiable fiscal and in-kind support from	7879
regional education and business entities;	7880

(9) A description of how ~~the~~each school's assets will be	7881
distributed if the school closes for any reason.	7882

Sec. 3326.031. (A) As authorized by the STEM committee, a	7883
single governing body may direct a group of multiple STEM schools	7884
to operate from multiple facilities located in one or more school	7885
districts to be organized and operated in the manner prescribed	7886
under this chapter except as specified by this section. Each	7887
school within the group shall operate as a separate school but	7888
under the direction of a common governing body. The governing body	7889
may employ a single treasurer, licensed in the manner prescribed	7890
by section 3326.21 of the Revised Code, to manage the fiscal	7891
affairs of all of the schools within the group. Each school shall	7892
have a chief administrative officer, as required by section	7893
3326.08 of the Revised Code, but the governing body may in its	7894
discretion appoint a single individual to be the chief	7895
administrative officer of two or more schools in the group. No	7896
school within the group shall be organized or funded in the manner	7897
prescribed by section 3326.51 of the Revised Code.	7898

(B) The department shall calculate funds under this chapter	7899
for each STEM school within a group separately and shall pay those	7900
funds directly to each school.	7901

(C) In accordance with section 3326.17 of the Revised Code,	7902
the department shall issue a separate report card for each STEM	7903
school within a group. The department also shall compute a rating	7904
for each group of schools and report that rating in a distinct	7905
report card for the group.	7906

Sec. 3326.04. (A) The STEM committee shall award grants to	7907
support the operation of STEM programs of excellence to serve	7908
students in any of grades kindergarten through eight through a	7909
request for proposals.	7910

(B) Proposals may be submitted by any of the following:

7911

(1) The board of education of a city, exempted village, or	7912
local school district;	7913

(2) The governing authority of a community school established	7914
under Chapter 3314. of the Revised Code.	7915

(C) Each proposal shall demonstrate to the satisfaction of	7916
the STEM committee that the program meets at least the following	7917
standards:	7918

(1) ~~The~~Unless the program is designed to serve only students	7919
identified as gifted under Chapter 3324. of the Revised Code, the	7920
program will serve all students enrolled in the district or school	7921
in the grades for which the program is designed.	7922

(2) The program will offer a rigorous and diverse curriculum	7923
that is based on scientific inquiry and technological design, that	7924
emphasizes personalized learning and teamwork skills, and that	7925
will expose students to advanced scientific concepts within and	7926
outside the classroom.	7927

(3) ~~The~~Unless the program is designed to serve only students	7928
identified as gifted under Chapter 3324. of the Revised Code, the	7929
program will not limit participation of students on the basis of	7930
intellectual ability, measures of achievement, or aptitude.	7931

(4) The program will utilize an established capacity to	7932
capture and share knowledge for best practices and innovative	7933
professional development.	7934

(5) The program will operate in collaboration with a	7935
partnership that includes institutions of higher education and	7936
businesses.	7937

(6) The program will include teacher professional development	7938
strategies that are augmented by community and business partners.	7939

(D) The STEM committee shall give priority to proposals for	7940
new or expanding innovative programs.	7941

Sec. 3326.10. Each science, technology, engineering, and	7942
mathematics school shall adopt admission procedures that specify	7943
the following:	7944

(A)(1) Admission shall be open to individuals entitled and	7945
eligible to attend school pursuant to section 3313.64 or 3313.65	7946
of the Revised Code in a school district in the state.	7947

(2) Students who are not residents of Ohio shall not be	7948
permitted to enroll in a science, technology, engineering, and	7949
mathematics school.	7950

(B) There will be no discrimination in the admission of	7951
students to the school on the basis of race, creed, color,	7952
disability, or sex.	7953

(C) The school will comply with all federal and state laws	7954
regarding the education of students with disabilities.	7955

(D) ~~The~~Unless the school serves only students identified as	7956
gifted under Chapter 3324. of the Revised Code, the school will	7957
not limit admission to students on the basis of intellectual	7958
ability, measures of achievement or aptitude, or athletic or	7959
artistic ability~~; the~~.	7960

(E) The school will assert its best effort to attract a	7961
diverse student body that reflects the community;, and the school	7962
will recruit students from disadvantaged and underrepresented	7963
groups.	7964

Sec. 3326.11. Each science, technology, engineering, and	7965
mathematics school established under this chapter and its	7966
governing body shall comply with sections 9.90, 9.91, 109.65,	7967
121.22, 149.43, 2151.357, 2151.421, 2313.19, 2921.42, 2921.43,	7968
3301.0714, 3301.0715, 3313.14, 3313.15, 3313.16, 3313.18,	7969
3313.201, 3313.26, 3313.472, 3313.48, 3313.481, 3313.482, 3313.50,	7970
3313.536, 3313.608, 3313.6012, 3313.6013, 3313.6014, 3313.6015,	7971
3313.61, 3313.611, 3313.614, 3313.615, 3313.643, 3313.648,	7972
3313.66, 3313.661, 3313.662, 3313.666, 3313.667, 3313.67,	7973
3313.671, 3313.672, 3313.673, ~~3313.674,~~ 3313.69, 3313.71,	7974
3313.716, 3313.718, 3313.719, 3313.80, 3313.801, 3313.814,	7975
3313.816, 3313.817, 3313.86, 3313.88, 3313.96, 3319.073, 3319.21,	7976
3319.32, 3319.321, 3319.35, 3319.39, 3319.391, 3319.41, 3319.45,	7977
3321.01, 3321.041, 3321.13, 3321.14, 3321.17, 3321.18, 3321.19,	7978
3321.191, 3327.10, 4111.17, 4113.52, and 5705.391 and Chapters	7979
102., 117., 1347., 2744., 3307., 3309., 3365., 3742., 4112.,	7980
4123., 4141., and 4167. of the Revised Code as if it were a school	7981
district.	7982

Sec. 3326.17. (A) The department of education shall issue an	7983
annual report card for each science, technology, engineering, and	7984
mathematics school that includes all information applicable to	7985
school buildings under section 3302.03 of the Revised Code.	7986

(B) For each student enrolled in a STEM school, the	7987
department shall combine data regarding the academic performance	7988
of that student with comparable data from the school district in	7989
which the student is entitled to attend school pursuant to section	7990
3313.64 or 3313.65 of the Revised Code for the purpose of	7991
calculating the performance of the district as a whole on the	7992
report card issued for the district under section 3302.03 of the	7993
Revised Code.	7994

(C) The department also shall compute a rating for each group	7995
of STEM schools that is under the direction of the same governing	7996
body, as authorized under section 3326.031 of the Revised Code,	7997
and issue a distinct report card for the group as a whole.	7998

(D) Each STEM school and its governing body shall comply with	7999
sections 3302.04 and 3302.041 of the Revised Code, except that any	8000
action required to be taken by a school district pursuant to those	8001
sections shall be taken by the school. However, the school shall	8002
not be required to take any action described in division (F) of	8003
section 3302.04 of the Revised Code.	8004

Sec. 3326.21. (A) ~~Each~~Except as provided by section 3326.031	8005
of the Revised Code, each science, technology, engineering, and	8006
mathematics school shall have a treasurer who is licensed under	8007
section 3301.074 of the Revised Code. The governing body of the	8008
school and the treasurer shall comply with sections 3301.072,	8009
3313.22 to 3313.32, 3313.51, and 3315.08 of the Revised Code in	8010
the same manner as a school district board of education and a	8011
district treasurer.	8012

(B) Financial records of each STEM school shall be maintained	8013
in the same manner as are financial records of school districts,	8014
pursuant to rules of the auditor of state.	8015

Sec. 3326.26. The governing body of a science, technology,	8016
engineering, and mathematics school may screen students in ninth	8017
grade for body mass index and weight status category. If a	8018
governing body elects to require the screenings, it shall comply	8019
with section 3313.674 of the Revised Code in the same manner	8020
required of a school district board of education.	8021

Sec. 3328.15. (A) Each college-preparatory boarding school	8022
established under this chapter shall be governed by a board of	8023
trustees consisting of up to twenty-five members. Five of those	8024
members shall be appointed by the governor, with the advice and	8025
consent of the senate. The governor's appointments may be based on	8026
nonbinding recommendations made by the superintendent of public	8027
instruction. Of the remaining members, initial members shall be	8028
appointed by the school's operator and future members shall be	8029
appointed pursuant to the bylaws adopted under section 3328.13 of	8030
the Revised Code. The governor, operator, or any other person or	8031
entity who appoints a member of the board of trustees under this	8032
section or the bylaws adopted under section 3328.13 of the Revised	8033
Code may remove that member from the board at any time.	8034

(B) The terms of office of the initial members shall be as	8035
follows:	8036

(1) Two members appointed by the governor shall serve for an	8037
initial term of three years.	8038

(2) Two members appointed by the governor shall serve for an	8039
initial term of two years.	8040

(3) One member appointed by the governor shall serve for an	8041
initial term of one year.	8042

(4) One-third of the members appointed by the operator,	8043
rounded down to the nearest whole number, shall serve for an	8044
initial term of three years.	8045

(5) One-third of the members appointed by the operator,	8046
rounded down to the nearest whole number, shall serve for an	8047
initial term of two years.	8048

(6) One-third of the members appointed by the operator,	8049
rounded down to the nearest whole number, shall serve for an	8050
initial term of one year.	8051

(7) Any remaining members appointed by the operator shall	8052
serve for an initial term of one year.	8053

Thereafter the terms of office of all members shall be for	8054
three years.	8055

The beginning date and ending date of terms of office shall	8056
be as prescribed by the school's operator, unless modified in the	8057
bylaws adopted under section 3328.13 of the Revised Code.	8058

(C) Vacancies on the board shall be filled in the same manner	8059
as the initial appointments. A member appointed to an unexpired	8060
term shall serve for the remainder of that term and may be	8061
reappointed subject to division (D) of this section.	8062

(D) No member may serve for more than three consecutive	8063
three-year terms.	8064

(E) The officers of the board shall be selected by and from	8065
among the members of the board.	8066

(F) Compensation for the members of the board, if any, shall	8067
be as prescribed in the bylaws adopted under section 3328.13 of	8068
the Revised Code.	8069

Sec. 3328.24. A college-preparatory boarding school	8070
established under this chapter~~, its operator,~~ and its board of	8071
trustees shall comply with sections 102.02, 3301.0710, 3301.0711,	8072
3301.0712, 3301.0714, 3319.39, and 3319.391 of the Revised Code as	8073
if the school were a school district and the school's board of	8074
trustees were a district board of education.	8075

Sec. 3333.0411. Not later than December 31, 2012, and	8076
annually thereafter, the chancellor of the Ohio board of regents	8077
shall report aggregate academic growth data for students assigned	8078
to graduates of teacher preparation programs approved under	8079
section 3333.048 of the Revised Code who teach English language	8080
arts or mathematics in any of grades four to eight in a public	8081
school in Ohio. For this purpose, the chancellor shall use the	8082
value-added progress dimension prescribed by section 3302.021 of	8083
the Revised Code. The chancellor shall aggregate the data by	8084
graduating class for each approved teacher preparation program,	8085
except that if a particular class has ten or fewer graduates to	8086
which this section applies, the chancellor shall report the data	8087
for a group of classes over a three-year period. In	8088

Not later than December 31, 2014, and annually thereafter,	8089
the chancellor of the Ohio board of regents shall report for each	8090
approved teacher preparation program, the number and percentage of	8091
all graduates of the program who were rated at each of the	8092
performance levels prescribed by division (B)(1) of section	8093
3319.112 of the Revised Code on an evaluation conducted in	8094
accordance with section 3319.111 of the Revised Code in the	8095
previous school year.	8096

In no case shall the ~~report~~reports identify any individual	8097
graduate. The department of education shall share any data	8098
necessary for the report with the chancellor.	8099

Sec. 4123.391. (A) For purposes of this section, "learn to	8100
earn program" has the same meaning as in section 4141.292 of the	8101
Revised Code.	8102

(B) Solely for the purpose of providing compensation and	8103
benefits as set forth in this section, a participant in a learn to	8104
earn program is an employee of the department, and not an employee	8105
of the entity conducting the training.	8106

(C) A learn to earn program participant who suffers an injury	8107
or contracts an occupational disease in the course of and arising	8108
out of participation in the learn to earn program is entitled to	8109
compensation and benefits under this chapter.	8110

(D)(1) This chapter is the exclusive remedy for a learn to	8111
earn program participant or the participant's dependents resulting	8112
from the participant's injury or occupational disease received in	8113
the course of and arising out of the participant's participation	8114
in the program. Pursuant to section 4123.74 of the Revised Code,	8115
neither the department nor the designated worksite training	8116
provider shall be liable to respond in damages at common law or by	8117
statute for any injury, occupational disease, or bodily condition	8118
suffered or contracted by a participant in the course of or	8119
arising out of participation in the program.	8120

(2) Notwithstanding division (D)(1) of this section, a	8121
participant or the participant's dependents do not waive any cause	8122
of action for an intentional tort under section 2745.01 of the	8123
Revised Code against the department or the designated worksite	8124
training provider.	8125

(E) The department may include a learn to earn program	8126
participant in its department workers' compensation coverage, or	8127
may establish a separate workers' compensation coverage policy	8128
with the bureau of workers' compensation upon the terms and	8129
conditions for insurance to be established by the bureau	8130
consistent with insurance principles, as is equitable in the view	8131
of degree and hazard.	8132

Sec. 4139.01. As used in ~~sections 4139.01 to 4139.06 of the~~	8133
~~Revised Code~~this chapter:	8134

(A) "Apprentice" means a person at least sixteen years of	8135
age, except when a higher minimum age standard is otherwise fixed	8136
by law, who is ~~covered by an~~in a registered apprenticeship	8137
program to learn a skilled occupation, pursuant to a registered	8138
apprenticeship agreement.	8139

(B) "Apprenticeship agreement" means a written agreement,	8140
registered with the ~~Ohio state~~ apprenticeship council, providing	8141
for not less than two thousand hours of reasonably continuous	8142
employment, and for participation in an approved schedule of work	8143
experience through employment, which shall be supplemented by a	8144
minimum of one hundred forty-four hours per year of related and	8145
supplemental instructions.	8146

(C) "Council office" means the unit of the department of job	8147
and family services that staffs the apprenticeship council and	8148
performs the administrative and oversight functions concerning	8149
this state's registered apprenticeship system.	8150

Sec. 4139.03. The apprenticeship council may ~~establish~~	8151
recommend minimum standards for apprenticeship programs and may	8152
formulate policies and ~~issue~~recommend rules as may be necessary	8153
to carry out the purpose of ~~sections 4139.01 to 4139.06 of the~~	8154
~~Revised Code~~this chapter. The council shall determine the date	8155
and place of its meetings and shall prescribe its own rules of	8156
procedure.	8157

Sec. 4139.04. The director of job and family services shall	8158
appoint the executive secretary of the ~~apprenticeship~~ council	8159
office, which appointment shall be subject to confirmation by a	8160
majority vote of the apprenticeship council. The director shall	8161
appoint such additional personnel as may be necessary, subject to	8162
Chapter 124. of the Revised Code.	8163

Sec. 4139.05. The executive secretary of the ~~apprenticeship~~	8164
council office has the following duties:	8165

(A) Encourage the voluntary participation of employers and	8166
employees in the furtherance of the objective of ~~sections 4139.01~~	8167
~~to 4139.06 of the Revised Code~~this chapter;	8168

(B) Register any apprenticeship programs and agreements that	8169
meet the minimum standards established by ~~the council~~federal	8170
regulations and state rules governing the registered	8171
apprenticeship system;	8172

(C) Terminate or cancel ~~on the authority of~~in consultation	8173
with the apprenticeship council any registered apprenticeship	8174
programs and agreements not in ~~accordance~~compliance with the	8175
provisions of such standards;	8176

(D) Keep a record of apprenticeship programs and their	8177
disposition;	8178

(E) ~~Issue certificate of completion of apprenticeship in~~	8179
~~accordance with the council's standards;~~	8180

~~(F)~~ Devise and implement all ~~necessary~~ procedures and ~~records~~	8181
minimum standards as are necessary for the administration of the	8182
registered apprenticeship system;	8183

(F) Implement administrative rules adopted by the director of	8184
job and family services as necessary for the administration of the	8185
registered apprenticeship system;	8186

(G) Prepare statistical reports regarding apprenticeship	8187
training;	8188

(H) Issue information related to apprenticeship;

8189

(I) Perform such other duties as ~~the council may direct~~	8190
appropriate under the applicable rules and regulations.	8191

Sec. 4141.01. As used in this chapter, unless the context	8192
otherwise requires:	8193

(A)(1) "Employer" means the state, its instrumentalities, its	8194
political subdivisions and their instrumentalities, Indian tribes,	8195
and any individual or type of organization including any	8196
partnership, limited liability company, association, trust,	8197
estate, joint-stock company, insurance company, or corporation,	8198
whether domestic or foreign, or the receiver, trustee in	8199
bankruptcy, trustee, or the successor thereof, or the legal	8200
representative of a deceased person who subsequent to December 31,	8201
1971, or in the case of political subdivisions or their	8202
instrumentalities, subsequent to December 31, 1973:	8203

(a) Had in employment at least one individual, or in the case	8204
of a nonprofit organization, subsequent to December 31, 1973, had	8205
not less than four individuals in employment for some portion of a	8206
day in each of twenty different calendar weeks, in either the	8207
current or the preceding calendar year whether or not the same	8208
individual was in employment in each such day; or	8209

(b) Except for a nonprofit organization, had paid for service	8210
in employment wages of fifteen hundred dollars or more in any	8211
calendar quarter in either the current or preceding calendar year;	8212
or	8213

(c) Had paid, subsequent to December 31, 1977, for employment	8214
in domestic service in a local college club, or local chapter of a	8215
college fraternity or sorority, cash remuneration of one thousand	8216
dollars or more in any calendar quarter in the current calendar	8217
year or the preceding calendar year, or had paid subsequent to	8218
December 31, 1977, for employment in domestic service in a private	8219
home cash remuneration of one thousand dollars in any calendar	8220
quarter in the current calendar year or the preceding calendar	8221
year:	8222

(i) For the purposes of divisions (A)(1)(a) and (b) of this	8223
section, there shall not be taken into account any wages paid to,	8224
or employment of, an individual performing domestic service as	8225
described in this division.	8226

(ii) An employer under this division shall not be an employer	8227
with respect to wages paid for any services other than domestic	8228
service unless the employer is also found to be an employer under	8229
division (A)(1)(a), (b), or (d) of this section.	8230

(d) As a farm operator or a crew leader subsequent to	8231
December 31, 1977, had in employment individuals in agricultural	8232
labor; and	8233

(i) During any calendar quarter in the current calendar year	8234
or the preceding calendar year, paid cash remuneration of twenty	8235
thousand dollars or more for the agricultural labor; or	8236

(ii) Had at least ten individuals in employment in	8237
agricultural labor, not including agricultural workers who are	8238
aliens admitted to the United States to perform agricultural labor	8239
pursuant to sections 1184(c) and 1101(a)(15)(H) of the	8240
"Immigration and Nationality Act," 66 Stat. 163, 189, 8 U.S.C.A.	8241
1101(a)(15)(H)(ii)(a), 1184(c), for some portion of a day in each	8242
of the twenty different calendar weeks, in either the current or	8243
preceding calendar year whether or not the same individual was in	8244
employment in each day; or	8245

(e) Is not otherwise an employer as defined under division	8246
(A)(1)(a) or (b) of this section; and	8247

(i) For which, within either the current or preceding	8248
calendar year, service, except for domestic service in a private	8249
home not covered under division (A)(1)(c) of this section, is or	8250
was performed with respect to which such employer is liable for	8251
any federal tax against which credit may be taken for	8252
contributions required to be paid into a state unemployment fund;	8253

(ii) Which, as a condition for approval of this chapter for	8254
full tax credit against the tax imposed by the "Federal	8255
Unemployment Tax Act," 84 Stat. 713, 26 U.S.C.A. 3301 to 3311, is	8256
required, pursuant to such act to be an employer under this	8257
chapter; or	8258

(iii) Who became an employer by election under division	8259
(A)(4) or (5) of this section and for the duration of such	8260
election; or	8261

(f) In the case of the state, its instrumentalities, its	8262
political subdivisions, and their instrumentalities, and Indian	8263
tribes, had in employment, as defined in divisions (B)(2)(a) and	8264
(B)(2)(l) of this section, at least one individual;	8265

(g) For the purposes of division (A)(1)(a) of this section,	8266
if any week includes both the thirty-first day of December and the	8267
first day of January, the days of that week before the first day	8268
of January shall be considered one calendar week and the days	8269
beginning the first day of January another week.	8270

(2) Each individual employed to perform or to assist in	8271
performing the work of any agent or employee of an employer is	8272
employed by such employer for all the purposes of this chapter,	8273
whether such individual was hired or paid directly by such	8274
employer or by such agent or employee, provided the employer had	8275
actual or constructive knowledge of the work. All individuals	8276
performing services for an employer of any person in this state	8277
who maintains two or more establishments within this state are	8278
employed by a single employer for the purposes of this chapter.	8279

(3) An employer subject to this chapter within any calendar	8280
year is subject to this chapter during the whole of such year and	8281
during the next succeeding calendar year.	8282

(4) An employer not otherwise subject to this chapter who	8283
files with the director of job and family services a written	8284
election to become an employer subject to this chapter for not	8285
less than two calendar years shall, with the written approval of	8286
such election by the director, become an employer subject to this	8287
chapter to the same extent as all other employers as of the date	8288
stated in such approval, and shall cease to be subject to this	8289
chapter as of the first day of January of any calendar year	8290
subsequent to such two calendar years only if at least thirty days	8291
prior to such first day of January the employer has filed with the	8292
director a written notice to that effect.	8293

(5) Any employer for whom services that do not constitute	8294
employment are performed may file with the director a written	8295
election that all such services performed by individuals in the	8296
employer's employ in one or more distinct establishments or places	8297
of business shall be deemed to constitute employment for all the	8298
purposes of this chapter, for not less than two calendar years.	8299
Upon written approval of the election by the director, such	8300
services shall be deemed to constitute employment subject to this	8301
chapter from and after the date stated in such approval. Such	8302
services shall cease to be employment subject to this chapter as	8303
of the first day of January of any calendar year subsequent to	8304
such two calendar years only if at least thirty days prior to such	8305
first day of January such employer has filed with the director a	8306
written notice to that effect.	8307

(B)(1) "Employment" means service performed by an individual	8308
for remuneration under any contract of hire, written or oral,	8309
express or implied, including service performed in interstate	8310
commerce and service performed by an officer of a corporation,	8311
without regard to whether such service is executive, managerial,	8312
or manual in nature, and without regard to whether such officer is	8313
a stockholder or a member of the board of directors of the	8314
corporation, unless it is shown to the satisfaction of the	8315
director that such individual has been and will continue to be	8316
free from direction or control over the performance of such	8317
service, both under a contract of service and in fact. The	8318
director shall adopt rules to define "direction or control."	8319

(2) "Employment" includes:

8320

(a) Service performed after December 31, 1977, by an	8321
individual in the employ of the state or any of its	8322
instrumentalities, or any political subdivision thereof or any of	8323
its instrumentalities or any instrumentality of more than one of	8324
the foregoing or any instrumentality of any of the foregoing and	8325
one or more other states or political subdivisions and without	8326
regard to divisions (A)(1)(a) and (b) of this section, provided	8327
that such service is excluded from employment as defined in the	8328
"Federal Unemployment Tax Act," 53 Stat. 183, 26 U.S.C.A. 3301,	8329
3306(c)(7) and is not excluded under division (B)(3) of this	8330
section; or the services of employees covered by voluntary	8331
election, as provided under divisions (A)(4) and (5) of this	8332
section;	8333

(b) Service performed after December 31, 1971, by an	8334
individual in the employ of a religious, charitable, educational,	8335
or other organization which is excluded from the term "employment"	8336
as defined in the "Federal Unemployment Tax Act," 84 Stat. 713, 26	8337
U.S.C.A. 3301 to 3311, solely by reason of section 26 U.S.C.A.	8338
3306(c)(8) of that act and is not excluded under division (B)(3)	8339
of this section;	8340

(c) Domestic service performed after December 31, 1977, for	8341
an employer, as provided in division (A)(1)(c) of this section;	8342

(d) Agricultural labor performed after December 31, 1977, for	8343
a farm operator or a crew leader, as provided in division	8344
(A)(1)(d) of this section;	8345

(e) Service not covered under division (B)(1) of this section	8346
which is performed after December 31, 1971:	8347

(i) As an agent-driver or commission-driver engaged in	8348
distributing meat products, vegetable products, fruit products,	8349
bakery products, beverages other than milk, laundry, or	8350
dry-cleaning services, for the individual's employer or principal;	8351

(ii) As a traveling or city salesperson, other than as an	8352
agent-driver or commission-driver, engaged on a full-time basis in	8353
the solicitation on behalf of and in the transmission to the	8354
salesperson's employer or principal except for sideline sales	8355
activities on behalf of some other person of orders from	8356
wholesalers, retailers, contractors, or operators of hotels,	8357
restaurants, or other similar establishments for merchandise for	8358
resale, or supplies for use in their business operations, provided	8359
that for the purposes of division (B)(2)(e)(ii) of this section,	8360
the services shall be deemed employment if the contract of service	8361
contemplates that substantially all of the services are to be	8362
performed personally by the individual and that the individual	8363
does not have a substantial investment in facilities used in	8364
connection with the performance of the services other than in	8365
facilities for transportation, and the services are not in the	8366
nature of a single transaction that is not a part of a continuing	8367
relationship with the person for whom the services are performed.	8368

(f) An individual's entire service performed within or both	8369
within and without the state if:	8370

(i) The service is localized in this state.

8371

(ii) The service is not localized in any state, but some of	8372
the service is performed in this state and either the base of	8373
operations, or if there is no base of operations then the place	8374
from which such service is directed or controlled, is in this	8375
state or the base of operations or place from which such service	8376
is directed or controlled is not in any state in which some part	8377
of the service is performed but the individual's residence is in	8378
this state.	8379

(g) Service not covered under division (B)(2)(f)(ii) of this	8380
section and performed entirely without this state, with respect to	8381
no part of which contributions are required and paid under an	8382
unemployment compensation law of any other state, the Virgin	8383
Islands, Canada, or of the United States, if the individual	8384
performing such service is a resident of this state and the	8385
director approves the election of the employer for whom such	8386
services are performed; or, if the individual is not a resident of	8387
this state but the place from which the service is directed or	8388
controlled is in this state, the entire services of such	8389
individual shall be deemed to be employment subject to this	8390
chapter, provided service is deemed to be localized within this	8391
state if the service is performed entirely within this state or if	8392
the service is performed both within and without this state but	8393
the service performed without this state is incidental to the	8394
individual's service within the state, for example, is temporary	8395
or transitory in nature or consists of isolated transactions;	8396

(h) Service of an individual who is a citizen of the United	8397
States, performed outside the United States except in Canada after	8398
December 31, 1971, or the Virgin Islands, after December 31, 1971,	8399
and before the first day of January of the year following that in	8400
which the United States secretary of labor approves the Virgin	8401
Islands law for the first time, in the employ of an American	8402
employer, other than service which is "employment" under divisions	8403
(B)(2)(f) and (g) of this section or similar provisions of another	8404
state's law, if:	8405

(i) The employer's principal place of business in the United	8406
States is located in this state;	8407

(ii) The employer has no place of business in the United	8408
States, but the employer is an individual who is a resident of	8409
this state; or the employer is a corporation which is organized	8410
under the laws of this state, or the employer is a partnership or	8411
a trust and the number of partners or trustees who are residents	8412
of this state is greater than the number who are residents of any	8413
other state; or	8414

(iii) None of the criteria of divisions (B)(2)(f)(i) and (ii)	8415
of this section is met but the employer has elected coverage in	8416
this state or the employer having failed to elect coverage in any	8417
state, the individual has filed a claim for benefits, based on	8418
such service, under this chapter.	8419

(i) For the purposes of division (B)(2)(h) of this section,	8420
the term "American employer" means an employer who is an	8421
individual who is a resident of the United States; or a	8422
partnership, if two-thirds or more of the partners are residents	8423
of the United States; or a trust, if all of the trustees are	8424
residents of the United States; or a corporation organized under	8425
the laws of the United States or of any state, provided the term	8426
"United States" includes the states, the District of Columbia, the	8427
Commonwealth of Puerto Rico, and the Virgin Islands.	8428

(j) Notwithstanding any other provisions of divisions (B)(1)	8429
and (2) of this section, service, except for domestic service in a	8430
private home not covered under division (A)(1)(c) of this section,	8431
with respect to which a tax is required to be paid under any	8432
federal law imposing a tax against which credit may be taken for	8433
contributions required to be paid into a state unemployment fund,	8434
or service, except for domestic service in a private home not	8435
covered under division (A)(1)(c) of this section, which, as a	8436
condition for full tax credit against the tax imposed by the	8437
"Federal Unemployment Tax Act," 84 Stat. 713, 26 U.S.C.A. 3301 to	8438
3311, is required to be covered under this chapter.	8439

(k) Construction services performed by any individual under a	8440
construction contract, as defined in section 4141.39 of the	8441
Revised Code, if the director determines that the employer for	8442
whom services are performed has the right to direct or control the	8443
performance of the services and that the individuals who perform	8444
the services receive remuneration for the services performed. The	8445
director shall presume that the employer for whom services are	8446
performed has the right to direct or control the performance of	8447
the services if ten or more of the following criteria apply:	8448

(i) The employer directs or controls the manner or method by	8449
which instructions are given to the individual performing	8450
services;	8451

(ii) The employer requires particular training for the	8452
individual performing services;	8453

(iii) Services performed by the individual are integrated	8454
into the regular functioning of the employer;	8455

(iv) The employer requires that services be provided by a	8456
particular individual;	8457

(v) The employer hires, supervises, or pays the wages of the	8458
individual performing services;	8459

(vi) A continuing relationship between the employer and the	8460
individual performing services exists which contemplates	8461
continuing or recurring work, even if not full-time work;	8462

(vii) The employer requires the individual to perform	8463
services during established hours;	8464

(viii) The employer requires that the individual performing	8465
services be devoted on a full-time basis to the business of the	8466
employer;	8467

(ix) The employer requires the individual to perform services	8468
on the employer's premises;	8469

(x) The employer requires the individual performing services	8470
to follow the order of work established by the employer;	8471

(xi) The employer requires the individual performing services	8472
to make oral or written reports of progress;	8473

(xii) The employer makes payment to the individual for	8474
services on a regular basis, such as hourly, weekly, or monthly;	8475

(xiii) The employer pays expenses for the individual	8476
performing services;	8477

(xiv) The employer furnishes the tools and materials for use	8478
by the individual to perform services;	8479

(xv) The individual performing services has not invested in	8480
the facilities used to perform services;	8481

(xvi) The individual performing services does not realize a	8482
profit or suffer a loss as a result of the performance of the	8483
services;	8484

(xvii) The individual performing services is not performing	8485
services for more than two employers simultaneously;	8486

(xviii) The individual performing services does not make the	8487
services available to the general public;	8488

(xix) The employer has a right to discharge the individual	8489
performing services;	8490

(xx) The individual performing services has the right to end	8491
the individual's relationship with the employer without incurring	8492
liability pursuant to an employment contract or agreement.	8493

(l) Service performed by an individual in the employ of an	8494
Indian tribe as defined by section 4(e) of the "Indian	8495
Self-Determination and Education Assistance Act," 88 Stat. 2204	8496
(1975), 25 U.S.C.A. 450b(e), including any subdivision,	8497
subsidiary, or business enterprise wholly owned by an Indian tribe	8498
provided that the service is excluded from employment as defined	8499
in the "Federal Unemployment Tax Act," 53 Stat. 183, (1939), 26	8500
U.S.C.A. 3301 and 3306(c)(7) and is not excluded under division	8501
(B)(3) of this section.	8502

(3) "Employment" does not include the following services if	8503
they are found not subject to the "Federal Unemployment Tax Act,"	8504
84 Stat. 713 (1970), 26 U.S.C.A. 3301 to 3311, and if the services	8505
are not required to be included under division (B)(2)(j) of this	8506
section:	8507

(a) Service performed after December 31, 1977, in	8508
agricultural labor, except as provided in division (A)(1)(d) of	8509
this section;	8510

(b) Domestic service performed after December 31, 1977, in a	8511
private home, local college club, or local chapter of a college	8512
fraternity or sorority except as provided in division (A)(1)(c) of	8513
this section;	8514

(c) Service performed after December 31, 1977, for this state	8515
or a political subdivision as described in division (B)(2)(a) of	8516
this section when performed:	8517

(i) As a publicly elected official;

8518

(ii) As a member of a legislative body, or a member of the	8519
judiciary;	8520

(iii) As a military member of the Ohio national guard;

8521

(iv) As an employee, not in the classified service as defined	8522
in section 124.11 of the Revised Code, serving on a temporary	8523
basis in case of fire, storm, snow, earthquake, flood, or similar	8524
emergency;	8525

(v) In a position which, under or pursuant to law, is	8526
designated as a major nontenured policymaking or advisory	8527
position, not in the classified service of the state, or a	8528
policymaking or advisory position the performance of the duties of	8529
which ordinarily does not require more than eight hours per week.	8530

(d) In the employ of any governmental unit or instrumentality	8531
of the United States;	8532

(e) Service performed after December 31, 1971:

8533

(i) Service in the employ of an educational institution or	8534
institution of higher education, including those operated by the	8535
state or a political subdivision, if such service is performed by	8536
a student who is enrolled and is regularly attending classes at	8537
the educational institution or institution of higher education; or	8538

(ii) By an individual who is enrolled at a nonprofit or	8539
public educational institution which normally maintains a regular	8540
faculty and curriculum and normally has a regularly organized body	8541
of students in attendance at the place where its educational	8542
activities are carried on as a student in a full-time program,	8543
taken for credit at the institution, which combines academic	8544
instruction with work experience, if the service is an integral	8545
part of the program, and the institution has so certified to the	8546
employer, provided that this subdivision shall not apply to	8547
service performed in a program established for or on behalf of an	8548
employer or group of employers;.	8549

(f) Service performed by an individual in the employ of the	8550
individual's son, daughter, or spouse and service performed by a	8551
child under the age of eighteen in the employ of the child's	8552
father or mother;	8553

(g) Service performed for one or more principals by an	8554
individual who is compensated on a commission basis, who in the	8555
performance of the work is master of the individual's own time and	8556
efforts, and whose remuneration is wholly dependent on the amount	8557
of effort the individual chooses to expend, and which service is	8558
not subject to the "Federal Unemployment Tax Act," 53 Stat. 183	8559
(1939), 26 U.S.C.A. 3301 to 3311. Service performed after December	8560
31, 1971:	8561

(i) By an individual for an employer as an insurance agent or	8562
as an insurance solicitor, if all this service is performed for	8563
remuneration solely by way of commission;	8564

(ii) As a home worker performing work, according to	8565
specifications furnished by the employer for whom the services are	8566
performed, on materials or goods furnished by such employer which	8567
are required to be returned to the employer or to a person	8568
designated for that purpose.	8569

(h) Service performed after December 31, 1971:

8570

(i) In the employ of a church or convention or association of	8571
churches, or in an organization which is operated primarily for	8572
religious purposes and which is operated, supervised, controlled,	8573
or principally supported by a church or convention or association	8574
of churches;	8575

(ii) By a duly ordained, commissioned, or licensed minister	8576
of a church in the exercise of the individual's ministry or by a	8577
member of a religious order in the exercise of duties required by	8578
such order; or	8579

(iii) In a facility conducted for the purpose of carrying out	8580
a program of rehabilitation for individuals whose earning capacity	8581
is impaired by age or physical or mental deficiency or injury, or	8582
providing remunerative work for individuals who because of their	8583
impaired physical or mental capacity cannot be readily absorbed in	8584
the competitive labor market, by an individual receiving such	8585
rehabilitation or remunerative work;.	8586

(i) Service performed after June 30, 1939, with respect to	8587
which unemployment compensation is payable under the "Railroad	8588
Unemployment Insurance Act," 52 Stat. 1094 (1938), 45 U.S.C. 351;	8589

(j) Service performed by an individual in the employ of any	8590
organization exempt from income tax under section 501 of the	8591
"Internal Revenue Code of 1954," if the remuneration for such	8592
service does not exceed fifty dollars in any calendar quarter, or	8593
if such service is in connection with the collection of dues or	8594
premiums for a fraternal beneficial society, order, or association	8595
and is performed away from the home office or is ritualistic	8596
service in connection with any such society, order, or	8597
association;	8598

(k) Casual labor not in the course of an employer's trade or	8599
business; incidental service performed by an officer, appraiser,	8600
or member of a finance committee of a bank, building and loan	8601
association, savings and loan association, or savings association	8602
when the remuneration for such incidental service exclusive of the	8603
amount paid or allotted for directors' fees does not exceed sixty	8604
dollars per calendar quarter is casual labor;	8605

(l) Service performed in the employ of a voluntary employees'	8606
beneficial association providing for the payment of life,	8607
sickness, accident, or other benefits to the members of such	8608
association or their dependents or their designated beneficiaries,	8609
if admission to a membership in such association is limited to	8610
individuals who are officers or employees of a municipal or public	8611
corporation, of a political subdivision of the state, or of the	8612
United States and no part of the net earnings of such association	8613
inures, other than through such payments, to the benefit of any	8614
private shareholder or individual;	8615

(m) Service performed by an individual in the employ of a	8616
foreign government, including service as a consular or other	8617
officer or employee or of a nondiplomatic representative;	8618

(n) Service performed in the employ of an instrumentality	8619
wholly owned by a foreign government if the service is of a	8620
character similar to that performed in foreign countries by	8621
employees of the United States or of an instrumentality thereof	8622
and if the director finds that the secretary of state of the	8623
United States has certified to the secretary of the treasury of	8624
the United States that the foreign government, with respect to	8625
whose instrumentality exemption is claimed, grants an equivalent	8626
exemption with respect to similar service performed in the foreign	8627
country by employees of the United States and of instrumentalities	8628
thereof;	8629

(o) Service with respect to which unemployment compensation	8630
is payable under an unemployment compensation system established	8631
by an act of congress;	8632

(p) Service performed as a student nurse in the employ of a	8633
hospital or a nurses' training school by an individual who is	8634
enrolled and is regularly attending classes in a nurses' training	8635
school chartered or approved pursuant to state law, and service	8636
performed as an intern in the employ of a hospital by an	8637
individual who has completed a four years' course in a medical	8638
school chartered or approved pursuant to state law;	8639

(q) Service performed by an individual under the age of	8640
eighteen in the delivery or distribution of newspapers or shopping	8641
news, not including delivery or distribution to any point for	8642
subsequent delivery or distribution;	8643

(r) Service performed in the employ of the United States or	8644
an instrumentality of the United States immune under the	8645
Constitution of the United States from the contributions imposed	8646
by this chapter, except that to the extent that congress permits	8647
states to require any instrumentalities of the United States to	8648
make payments into an unemployment fund under a state unemployment	8649
compensation act, this chapter shall be applicable to such	8650
instrumentalities and to services performed for such	8651
instrumentalities in the same manner, to the same extent, and on	8652
the same terms as to all other employers, individuals, and	8653
services, provided that if this state is not certified for any	8654
year by the proper agency of the United States under section 3304	8655
of the "Internal Revenue Code of 1954," the payments required of	8656
such instrumentalities with respect to such year shall be refunded	8657
by the director from the fund in the same manner and within the	8658
same period as is provided in division (E) of section 4141.09 of	8659
the Revised Code with respect to contributions erroneously	8660
collected;	8661

(s) Service performed by an individual as a member of a band	8662
or orchestra, provided such service does not represent the	8663
principal occupation of such individual, and which service is not	8664
subject to or required to be covered for full tax credit against	8665
the tax imposed by the "Federal Unemployment Tax Act," 53 Stat.	8666
183 (1939), 26 U.S.C.A. 3301 to 3311.	8667

(t) Service performed in the employ of a day camp whose	8668
camping season does not exceed twelve weeks in any calendar year,	8669
and which service is not subject to the "Federal Unemployment Tax	8670
Act," 53 Stat. 183 (1939), 26 U.S.C.A. 3301 to 3311. Service	8671
performed after December 31, 1971:	8672

(i) In the employ of a hospital, if the service is performed	8673
by a patient of the hospital, as defined in division (W) of this	8674
section;	8675

(ii) For a prison or other correctional institution by an	8676
inmate of the prison or correctional institution;	8677

(iii) Service performed after December 31, 1977, by an inmate	8678
of a custodial institution operated by the state, a political	8679
subdivision, or a nonprofit organization.	8680

(u) Service that is performed by a nonresident alien	8681
individual for the period the individual temporarily is present in	8682
the United States as a nonimmigrant under division (F), (J), (M),	8683
or (Q) of section 101(a)(15) of the "Immigration and Nationality	8684
Act," 66 Stat. 163, 8 U.S.C.A. 1101, as amended, that is excluded	8685
under section 3306(c)(19) of the "Federal Unemployment Tax Act,"	8686
53 Stat. 183 (1939), 26 U.S.C.A. 3301 to 3311.	8687

(v) Notwithstanding any other provisions of division (B)(3)	8688
of this section, services that are excluded under divisions	8689
(B)(3)(g), (j), (k), and (l) of this section shall not be excluded	8690
from employment when performed for a nonprofit organization, as	8691
defined in division (X) of this section, or for this state or its	8692
instrumentalities, or for a political subdivision or its	8693
instrumentalities or for Indian tribes;	8694

(w) Service that is performed by an individual working as an	8695
election official or election worker if the amount of remuneration	8696
received by the individual during the calendar year for services	8697
as an election official or election worker is less than one	8698
thousand dollars;	8699

(x) Service performed for an elementary or secondary school	8700
that is operated primarily for religious purposes, that is	8701
described in subsection 501(c)(3) and exempt from federal income	8702
taxation under subsection 501(a) of the Internal Revenue Code, 26	8703
U.S.C.A. 501;	8704

(y) Service performed by a person committed to a penal	8705
institution.	8706

(z) Service performed for an Indian tribe as described in	8707
division (B)(2)(l) of this section when performed in any of the	8708
following manners:	8709

(i) As a publicly elected official;

8710

(ii) As a member of an Indian tribal council;

8711

(iii) As a member of a legislative or judiciary body;

8712

(iv) In a position which, pursuant to Indian tribal law, is	8713
designated as a major nontenured policymaking or advisory	8714
position, or a policymaking or advisory position where the	8715
performance of the duties ordinarily does not require more than	8716
eight hours of time per week;	8717

(v) As an employee serving on a temporary basis in the case	8718
of a fire, storm, snow, earthquake, flood, or similar emergency.	8719

(aa) Service performed after December 31, 1971, for a	8720
nonprofit organization, this state or its instrumentalities, a	8721
political subdivision or its instrumentalities, or an Indian tribe	8722
as part of an unemployment work-relief or work-training program	8723
assisted or financed in whole or in part by any federal agency or	8724
an agency of a state or political subdivision, thereof, by an	8725
individual receiving the work-relief or work-training.	8726

(bb) Participation in a learn to earn program as defined in	8727
section 4141.292 of the Revised Code.	8728

(4) If the services performed during one half or more of any	8729
pay period by an employee for the person employing that employee	8730
constitute employment, all the services of such employee for such	8731
period shall be deemed to be employment; but if the services	8732
performed during more than one half of any such pay period by an	8733
employee for the person employing that employee do not constitute	8734
employment, then none of the services of such employee for such	8735
period shall be deemed to be employment. As used in division	8736
(B)(4) of this section, "pay period" means a period, of not more	8737
than thirty-one consecutive days, for which payment of	8738
remuneration is ordinarily made to the employee by the person	8739
employing that employee. Division (B)(4) of this section does not	8740
apply to services performed in a pay period by an employee for the	8741
person employing that employee, if any of such service is excepted	8742
by division (B)(3)(o) of this section.	8743

(C) "Benefits" means money payments payable to an individual	8744
who has established benefit rights, as provided in this chapter,	8745
for loss of remuneration due to the individual's unemployment.	8746

(D) "Benefit rights" means the weekly benefit amount and the	8747
maximum benefit amount that may become payable to an individual	8748
within the individual's benefit year as determined by the	8749
director.	8750

(E) "Claim for benefits" means a claim for waiting period or	8751
benefits for a designated week.	8752

(F) "Additional claim" means the first claim for benefits	8753
filed following any separation from employment during a benefit	8754
year; "continued claim" means any claim other than the first claim	8755
for benefits and other than an additional claim.	8756

(G)(1) "Wages" means remuneration paid to an employee by each	8757
of the employee's employers with respect to employment; except	8758
that wages shall not include that part of remuneration paid during	8759
any calendar year to an individual by an employer or such	8760
employer's predecessor in interest in the same business or	8761
enterprise, which in any calendar year is in excess of eight	8762
thousand two hundred fifty dollars on and after January 1, 1992;	8763
eight thousand five hundred dollars on and after January 1, 1993;	8764
eight thousand seven hundred fifty dollars on and after January 1,	8765
1994; and nine thousand dollars on and after January 1, 1995.	8766
Remuneration in excess of such amounts shall be deemed wages	8767
subject to contribution to the same extent that such remuneration	8768
is defined as wages under the "Federal Unemployment Tax Act," 84	8769
Stat. 714 (1970), 26 U.S.C.A. 3301 to 3311, as amended. The	8770
remuneration paid an employee by an employer with respect to	8771
employment in another state, upon which contributions were	8772
required and paid by such employer under the unemployment	8773
compensation act of such other state, shall be included as a part	8774
of remuneration in computing the amount specified in this	8775
division.	8776

(2) Notwithstanding division (G)(1) of this section, if, as	8777
of the computation date for any calendar year, the director	8778
determines that the level of the unemployment compensation fund is	8779
sixty per cent or more below the minimum safe level as defined in	8780
section 4141.25 of the Revised Code, then, effective the first day	8781
of January of the following calendar year, wages subject to this	8782
chapter shall not include that part of remuneration paid during	8783
any calendar year to an individual by an employer or such	8784
employer's predecessor in interest in the same business or	8785
enterprise which is in excess of nine thousand dollars. The	8786
increase in the dollar amount of wages subject to this chapter	8787
under this division shall remain in effect from the date of the	8788
director's determination pursuant to division (G)(2) of this	8789
section and thereafter notwithstanding the fact that the level in	8790
the fund may subsequently become less than sixty per cent below	8791
the minimum safe level.	8792

(H)(1) "Remuneration" means all compensation for personal	8793
services, including commissions and bonuses and the cash value of	8794
all compensation in any medium other than cash, except that in the	8795
case of agricultural or domestic service, "remuneration" includes	8796
only cash remuneration. Gratuities customarily received by an	8797
individual in the course of the individual's employment from	8798
persons other than the individual's employer and which are	8799
accounted for by such individual to the individual's employer are	8800
taxable wages.	8801

The reasonable cash value of compensation paid in any medium	8802
other than cash shall be estimated and determined in accordance	8803
with rules prescribed by the director, provided that	8804
"remuneration" does not include:	8805

(a) Payments as provided in divisions (b)(2) to (b)(16) of	8806
section 3306 of the "Federal Unemployment Tax Act," 84 Stat. 713,	8807
26 U.S.C.A. 3301 to 3311, as amended;	8808

(b) The payment by an employer, without deduction from the	8809
remuneration of the individual in the employer's employ, of the	8810
tax imposed upon an individual in the employer's employ under	8811
section 3101 of the "Internal Revenue Code of 1954," with respect	8812
to services performed after October 1, 1941.	8813

(2) "Cash remuneration" means all remuneration paid in cash,	8814
including commissions and bonuses, but not including the cash	8815
value of all compensation in any medium other than cash.	8816

(I) "Interested party" means the director and any party to	8817
whom notice of a determination of an application for benefit	8818
rights or a claim for benefits is required to be given under	8819
section 4141.28 of the Revised Code.	8820

(J) "Annual payroll" means the total amount of wages subject	8821
to contributions during a twelve-month period ending with the last	8822
day of the second calendar quarter of any calendar year.	8823

(K) "Average annual payroll" means the average of the last	8824
three annual payrolls of an employer, provided that if, as of any	8825
computation date, the employer has had less than three annual	8826
payrolls in such three-year period, such average shall be based on	8827
the annual payrolls which the employer has had as of such date.	8828

(L)(1) "Contributions" means the money payments to the state	8829
unemployment compensation fund required of employers by section	8830
4141.25 of the Revised Code and of the state and any of its	8831
political subdivisions electing to pay contributions under section	8832
4141.242 of the Revised Code. Employers paying contributions shall	8833
be described as "contributory employers."	8834

(2) "Payments in lieu of contributions" means the money	8835
payments to the state unemployment compensation fund required of	8836
reimbursing employers under sections 4141.241 and 4141.242 of the	8837
Revised Code.	8838

(M) An individual is "totally unemployed" in any week during	8839
which the individual performs no services and with respect to such	8840
week no remuneration is payable to the individual.	8841

(N) An individual is "partially unemployed" in any week if,	8842
due to involuntary loss of work, the total remuneration payable to	8843
the individual for such week is less than the individual's weekly	8844
benefit amount.	8845

(O) "Week" means the calendar week ending at midnight	8846
Saturday unless an equivalent week of seven consecutive calendar	8847
days is prescribed by the director.	8848

(1) "Qualifying week" means any calendar week in an	8849
individual's base period with respect to which the individual	8850
earns or is paid remuneration in employment subject to this	8851
chapter. A calendar week with respect to which an individual earns	8852
remuneration but for which payment was not made within the base	8853
period, when necessary to qualify for benefit rights, may be	8854
considered to be a qualifying week. The number of qualifying weeks	8855
which may be established in a calendar quarter shall not exceed	8856
the number of calendar weeks in the quarter.	8857

(2) "Average weekly wage" means the amount obtained by	8858
dividing an individual's total remuneration for all qualifying	8859
weeks during the base period by the number of such qualifying	8860
weeks, provided that if the computation results in an amount that	8861
is not a multiple of one dollar, such amount shall be rounded to	8862
the next lower multiple of one dollar.	8863

(P) "Weekly benefit amount" means the amount of benefits an	8864
individual would be entitled to receive for one week of total	8865
unemployment.	8866

(Q)(1) "Base period" means the first four of the last five	8867
completed calendar quarters immediately preceding the first day of	8868
an individual's benefit year, except as provided in division	8869
(Q)(2) of this section.	8870

(2) If an individual does not have sufficient qualifying	8871
weeks and wages in the base period to qualify for benefit rights,	8872
the individual's base period shall be the four most recently	8873
completed calendar quarters preceding the first day of the	8874
individual's benefit year. Such base period shall be known as the	8875
"alternate base period." If information as to weeks and wages for	8876
the most recent quarter of the alternate base period is not	8877
available to the director from the regular quarterly reports of	8878
wage information, which are systematically accessible, the	8879
director may, consistent with the provisions of section 4141.28 of	8880
the Revised Code, base the determination of eligibility for	8881
benefits on the affidavit of the claimant with respect to weeks	8882
and wages for that calendar quarter. The claimant shall furnish	8883
payroll documentation, where available, in support of the	8884
affidavit. The determination based upon the alternate base period	8885
as it relates to the claimant's benefit rights, shall be amended	8886
when the quarterly report of wage information from the employer is	8887
timely received and that information causes a change in the	8888
determination. As provided in division (B) of section 4141.28 of	8889
the Revised Code, any benefits paid and charged to an employer's	8890
account, based upon a claimant's affidavit, shall be adjusted	8891
effective as of the beginning of the claimant's benefit year. No	8892
calendar quarter in a base period or alternate base period shall	8893
be used to establish a subsequent benefit year.	8894

(3) The "base period" of a combined wage claim, as described	8895
in division (H) of section 4141.43 of the Revised Code, shall be	8896
the base period prescribed by the law of the state in which the	8897
claim is allowed.	8898

(4) For purposes of determining the weeks that comprise a	8899
completed calendar quarter under this division, only those weeks	8900
ending at midnight Saturday within the calendar quarter shall be	8901
utilized.	8902

(R)(1) "Benefit year" with respect to an individual means the	8903
fifty-two week period beginning with the first day of that week	8904
with respect to which the individual first files a valid	8905
application for determination of benefit rights, and thereafter	8906
the fifty-two week period beginning with the first day of that	8907
week with respect to which the individual next files a valid	8908
application for determination of benefit rights after the	8909
termination of the individual's last preceding benefit year,	8910
except that the application shall not be considered valid unless	8911
the individual has had employment in six weeks that is subject to	8912
this chapter or the unemployment compensation act of another	8913
state, or the United States, and has, since the beginning of the	8914
individual's previous benefit year, in the employment earned three	8915
times the average weekly wage determined for the previous benefit	8916
year. The "benefit year" of a combined wage claim, as described in	8917
division (H) of section 4141.43 of the Revised Code, shall be the	8918
benefit year prescribed by the law of the state in which the claim	8919
is allowed. Any application for determination of benefit rights	8920
made in accordance with section 4141.28 of the Revised Code is	8921
valid if the individual filing such application is unemployed, has	8922
been employed by an employer or employers subject to this chapter	8923
in at least twenty qualifying weeks within the individual's base	8924
period, and has earned or been paid remuneration at an average	8925
weekly wage of not less than twenty-seven and one-half per cent of	8926
the statewide average weekly wage for such weeks. For purposes of	8927
determining whether an individual has had sufficient employment	8928
since the beginning of the individual's previous benefit year to	8929
file a valid application, "employment" means the performance of	8930
services for which remuneration is payable.	8931

(2) Effective for benefit years beginning on and after	8932
December 26, 2004, any application for determination of benefit	8933
rights made in accordance with section 4141.28 of the Revised Code	8934
is valid if the individual satisfies the criteria described in	8935
division (R)(1) of this section, and if the reason for the	8936
individual's separation from employment is not disqualifying	8937
pursuant to division (D)(2) of section 4141.29 or section 4141.291	8938
of the Revised Code. A disqualification imposed pursuant to	8939
division (D)(2) of section 4141.29 or section 4141.291 of the	8940
Revised Code must be removed as provided in those sections as a	8941
requirement of establishing a valid application for benefit years	8942
beginning on and after December 26, 2004.	8943

(3) The statewide average weekly wage shall be calculated by	8944
the director once a year based on the twelve-month period ending	8945
the thirtieth day of June, as set forth in division (B)(3) of	8946
section 4141.30 of the Revised Code, rounded down to the nearest	8947
dollar. Increases or decreases in the amount of remuneration	8948
required to have been earned or paid in order for individuals to	8949
have filed valid applications shall become effective on Sunday of	8950
the calendar week in which the first day of January occurs that	8951
follows the twelve-month period ending the thirtieth day of June	8952
upon which the calculation of the statewide average weekly wage	8953
was based.	8954

(4) As used in this division, an individual is "unemployed"	8955
if, with respect to the calendar week in which such application is	8956
filed, the individual is "partially unemployed" or "totally	8957
unemployed" as defined in this section or if, prior to filing the	8958
application, the individual was separated from the individual's	8959
most recent work for any reason which terminated the individual's	8960
employee-employer relationship, or was laid off indefinitely or	8961
for a definite period of seven or more days.	8962

(S) "Calendar quarter" means the period of three consecutive	8963
calendar months ending on the thirty-first day of March, the	8964
thirtieth day of June, the thirtieth day of September, and the	8965
thirty-first day of December, or the equivalent thereof as the	8966
director prescribes by rule.	8967

(T) "Computation date" means the first day of the third	8968
calendar quarter of any calendar year.	8969

(U) "Contribution period" means the calendar year beginning	8970
on the first day of January of any year.	8971

(V) "Agricultural labor," for the purpose of this division,	8972
means any service performed prior to January 1, 1972, which was	8973
agricultural labor as defined in this division prior to that date,	8974
and service performed after December 31, 1971:	8975

(1) On a farm, in the employ of any person, in connection	8976
with cultivating the soil, or in connection with raising or	8977
harvesting any agricultural or horticultural commodity, including	8978
the raising, shearing, feeding, caring for, training, and	8979
management of livestock, bees, poultry, and fur-bearing animals	8980
and wildlife;	8981

(2) In the employ of the owner or tenant or other operator of	8982
a farm in connection with the operation, management, conservation,	8983
improvement, or maintenance of such farm and its tools and	8984
equipment, or in salvaging timber or clearing land of brush and	8985
other debris left by hurricane, if the major part of such service	8986
is performed on a farm;	8987

(3) In connection with the production or harvesting of any	8988
commodity defined as an agricultural commodity in section 15 (g)	8989
of the "Agricultural Marketing Act," 46 Stat. 1550 (1931), 12	8990
U.S.C. 1141j, as amended, or in connection with the ginning of	8991
cotton, or in connection with the operation or maintenance of	8992
ditches, canals, reservoirs, or waterways, not owned or operated	8993
for profit, used exclusively for supplying and storing water for	8994
farming purposes;	8995

(4) In the employ of the operator of a farm in handling,	8996
planting, drying, packing, packaging, processing, freezing,	8997
grading, storing, or delivering to storage or to market or to a	8998
carrier for transportation to market, in its unmanufactured state,	8999
any agricultural or horticultural commodity, but only if the	9000
operator produced more than one half of the commodity with respect	9001
to which such service is performed;	9002

(5) In the employ of a group of operators of farms, or a	9003
cooperative organization of which the operators are members, in	9004
the performance of service described in division (V)(4) of this	9005
section, but only if the operators produced more than one-half of	9006
the commodity with respect to which the service is performed;	9007

(6) Divisions (V)(4) and (5) of this section shall not be	9008
deemed to be applicable with respect to service performed:	9009

(a) In connection with commercial canning or commercial	9010
freezing or in connection with any agricultural or horticultural	9011
commodity after its delivery to a terminal market for distribution	9012
for consumption; or	9013

(b) On a farm operated for profit if the service is not in	9014
the course of the employer's trade or business.	9015

As used in division (V) of this section, "farm" includes	9016
stock, dairy, poultry, fruit, fur-bearing animal, and truck farms,	9017
plantations, ranches, nurseries, ranges, greenhouses, or other	9018
similar structures used primarily for the raising of agricultural	9019
or horticultural commodities and orchards.	9020

(W) "Hospital" means an institution which has been registered	9021
or licensed by the Ohio department of health as a hospital.	9022

(X) "Nonprofit organization" means an organization, or group	9023
of organizations, described in section 501(c)(3) of the "Internal	9024
Revenue Code of 1954," and exempt from income tax under section	9025
501(a) of that code.	9026

(Y) "Institution of higher education" means a public or	9027
nonprofit educational institution, including an educational	9028
institution operated by an Indian tribe, which:	9029

(1) Admits as regular students only individuals having a	9030
certificate of graduation from a high school, or the recognized	9031
equivalent;	9032

(2) Is legally authorized in this state or by the Indian	9033
tribe to provide a program of education beyond high school; and	9034

(3) Provides an educational program for which it awards a	9035
bachelor's or higher degree, or provides a program which is	9036
acceptable for full credit toward such a degree, a program of	9037
post-graduate or post-doctoral studies, or a program of training	9038
to prepare students for gainful employment in a recognized	9039
occupation.	9040

For the purposes of this division, all colleges and	9041
universities in this state are institutions of higher education.	9042

(Z) For the purposes of this chapter, "states" includes the	9043
District of Columbia, the Commonwealth of Puerto Rico, and the	9044
Virgin Islands.	9045

(AA) "Alien" means, for the purposes of division (A)(1)(d) of	9046
this section, an individual who is an alien admitted to the United	9047
States to perform service in agricultural labor pursuant to	9048
sections 214 (c) and 101 (a)(15)(H) of the "Immigration and	9049
Nationality Act," 66 Stat. 163, 8 U.S.C.A. 1101.	9050

(BB)(1) "Crew leader" means an individual who furnishes	9051
individuals to perform agricultural labor for any other employer	9052
or farm operator, and:	9053

(a) Pays, either on the individual's own behalf or on behalf	9054
of the other employer or farm operator, the individuals so	9055
furnished by the individual for the service in agricultural labor	9056
performed by them;	9057

(b) Has not entered into a written agreement with the other	9058
employer or farm operator under which the agricultural worker is	9059
designated as in the employ of the other employer or farm	9060
operator.	9061

(2) For the purposes of this chapter, any individual who is a	9062
member of a crew furnished by a crew leader to perform service in	9063
agricultural labor for any other employer or farm operator shall	9064
be treated as an employee of the crew leader if:	9065

(a) The crew leader holds a valid certificate of registration	9066
under the "Farm Labor Contractor Registration Act of 1963," 90	9067
Stat. 2668, 7 U.S.C. 2041; or	9068

(b) Substantially all the members of the crew operate or	9069
maintain tractors, mechanized harvesting or crop-dusting	9070
equipment, or any other mechanized equipment, which is provided by	9071
the crew leader; and	9072

(c) If the individual is not in the employment of the other	9073
employer or farm operator within the meaning of division (B)(1) of	9074
this section.	9075

(3) For the purposes of this division, any individual who is	9076
furnished by a crew leader to perform service in agricultural	9077
labor for any other employer or farm operator and who is not	9078
treated as in the employment of the crew leader under division	9079
(BB)(2) of this section shall be treated as the employee of the	9080
other employer or farm operator and not of the crew leader. The	9081
other employer or farm operator shall be treated as having paid	9082
cash remuneration to the individual in an amount equal to the	9083
amount of cash remuneration paid to the individual by the crew	9084
leader, either on the crew leader's own behalf or on behalf of the	9085
other employer or farm operator, for the service in agricultural	9086
labor performed for the other employer or farm operator.	9087

(CC) "Educational institution" means an institution other	9088
than an institution of higher education as defined in division (Y)	9089
of this section, including an educational institution operated by	9090
an Indian tribe, which:	9091

(1) Offers participants, trainees, or students an organized	9092
course of study or training designed to transfer to them	9093
knowledge, skills, information, doctrines, attitudes, or abilities	9094
from, by, or under the guidance of an instructor or teacher; and	9095

(2) Is approved, chartered, or issued a permit to operate as	9096
a school by the state board of education, other government agency,	9097
or Indian tribe that is authorized within the state to approve,	9098
charter, or issue a permit for the operation of a school.	9099

For the purposes of this division, the courses of study or	9100
training which the institution offers may be academic, technical,	9101
trade, or preparation for gainful employment in a recognized	9102
occupation.	9103

(DD) "Cost savings day" means any unpaid day off from work in	9104
which employees continue to accrue employee benefits which have a	9105
determinable value including, but not limited to, vacation,	9106
pension contribution, sick time, and life and health insurance.	9107

Sec. 4141.29. Each eligible individual shall receive	9108
benefits as compensation for loss of remuneration due to	9109
involuntary total or partial unemployment in the amounts and	9110
subject to the conditions stipulated in this chapter.	9111

(A) No individual is entitled to a waiting period or benefits	9112
for any week unless the individual:	9113

(1) Has filed a valid application for determination of	9114
benefit rights in accordance with section 4141.28 of the Revised	9115
Code;	9116

(2) Has made a claim for benefits in accordance with section	9117
4141.28 of the Revised Code;	9118

(3) Has registered at an employment office or other	9119
registration place maintained or designated by the director of job	9120
and family services. Registration shall be made in accordance with	9121
the time limits, frequency, and manner prescribed by the director.	9122

(4)(a)(i) Is able to work and available for suitable work	9123
and, except as provided in division (A)(4)(a)(ii) of this section,	9124
is actively seeking suitable work either in a locality in which	9125
the individual has earned wages subject to this chapter during the	9126
individual's base period, or if the individual leaves that	9127
locality, then in a locality where suitable work normally is	9128
performed.	9129

(ii) The director may waive the requirement that a claimant	9130
be actively seeking work when the director finds that the	9131
individual has been laid off and the employer who laid the	9132
individual off has notified the director within ten days after the	9133
layoff, that work is expected to be available for the individual	9134
within a specified number of days not to exceed forty-five	9135
calendar days following the last day the individual worked. In the	9136
event the individual is not recalled within the specified period,	9137
this waiver shall cease to be operative with respect to that	9138
layoff.	9139

(b) The individual shall be instructed as to the efforts that	9140
the individual must make in the search for suitable work, except	9141
where the active search for work requirement has been waived under	9142
division (A)(4)(a) of this section, and shall keep a record of	9143
where and when the individual has sought work in complying with	9144
those instructions and, upon request, shall produce that record	9145
for examination by the director.	9146

(c) An individual who is attending a training course approved	9147
by the director meets the requirement of this division, if	9148
attendance was recommended by the director and the individual is	9149
regularly attending the course and is making satisfactory	9150
progress. An individual also meets the requirements of this	9151
division if the individual is participating and advancing in a	9152
training program, as defined in division (P) of section 5709.61 of	9153
the Revised Code, and if an enterprise, defined in division (B) of	9154
section 5709.61 of the Revised Code, is paying all or part of the	9155
cost of the individual's participation in the training program	9156
with the intention of hiring the individual for employment as a	9157
new employee, as defined in division (L) of section 5709.61 of the	9158
Revised Code, for at least ninety days after the individual's	9159
completion of the training program.	9160

(d) An individual who becomes unemployed while attending a	9161
regularly established school and whose base period qualifying	9162
weeks were earned in whole or in part while attending that school,	9163
meets the availability and active search for work requirements of	9164
division (A)(4)(a) of this section if the individual regularly	9165
attends the school during weeks with respect to which the	9166
individual claims unemployment benefits and makes self available	9167
on any shift of hours for suitable employment with the	9168
individual's most recent employer or any other employer in the	9169
individual's base period, or for any other suitable employment to	9170
which the individual is directed, under this chapter.	9171

(e) The director shall adopt any rules that the director	9172
deems necessary for the administration of division (A)(4) of this	9173
section.	9174

(f) Notwithstanding any other provisions of this section, no	9175
otherwise eligible individual shall be denied benefits for any	9176
week because the individual is in training approved under section	9177
236(a)(1) of the "Trade Act of 1974," 88 Stat. 1978, 19 U.S.C.A.	9178
2296, nor shall that individual be denied benefits by reason of	9179
leaving work to enter such training, provided the work left is not	9180
suitable employment, or because of the application to any week in	9181
training of provisions in this chapter, or any applicable federal	9182
unemployment compensation law, relating to availability for work,	9183
active search for work, or refusal to accept work.	9184

For the purposes of division (A)(4)(f) of this section,	9185
"suitable employment" means with respect to an individual, work of	9186
a substantially equal or higher skill level than the individual's	9187
past adversely affected employment, as defined for the purposes of	9188
the "Trade Act of 1974," 88 Stat. 1978, 19 U.S.C.A. 2101, and	9189
wages for such work at not less than eighty per cent of the	9190
individual's average weekly wage as determined for the purposes of	9191
that federal act.	9192

(5) Is unable to obtain suitable work. An individual who is	9193
provided temporary work assignments by the individual's employer	9194
under agreed terms and conditions of employment, and who is	9195
required pursuant to those terms and conditions to inquire with	9196
the individual's employer for available work assignments upon the	9197
conclusion of each work assignment, is not considered unable to	9198
obtain suitable employment if suitable work assignments are	9199
available with the employer but the individual fails to contact	9200
the employer to inquire about work assignments.	9201

(6) Participates in reemployment services, such as job search	9202
assistance services, if the individual has been determined to be	9203
likely to exhaust benefits under this chapter, including	9204
compensation payable pursuant to 5 U.S.C.A. Chapter 85, other than	9205
extended compensation, and needs reemployment services pursuant to	9206
the profiling system established by the director under division	9207
(K) of this section, unless the director determines that:	9208

(a) The individual has completed such services; or

9209

(b) There is justifiable cause for the claimant's failure to	9210
participate in such services.	9211

(B) An individual suffering total or partial unemployment is	9212
eligible for benefits for unemployment occurring subsequent to a	9213
waiting period of one week and no benefits shall be payable during	9214
this required waiting period. Not more than one week of waiting	9215
period shall be required of any individual in any benefit year in	9216
order to establish the individual's eligibility for total or	9217
partial unemployment benefits.	9218

(C) The waiting period for total or partial unemployment	9219
shall commence on the first day of the first week with respect to	9220
which the individual first files a claim for benefits at an	9221
employment office or other place of registration maintained or	9222
designated by the director or on the first day of the first week	9223
with respect to which the individual has otherwise filed a claim	9224
for benefits in accordance with the rules of the department of job	9225
and family services, provided such claim is allowed by the	9226
director.	9227

(D) Notwithstanding division (A) of this section, no	9228
individual may serve a waiting period or be paid benefits under	9229
the following conditions:	9230

(1) For any week with respect to which the director finds	9231
that:	9232

(a) The individual's unemployment was due to a labor dispute	9233
other than a lockout at any factory, establishment, or other	9234
premises located in this or any other state and owned or operated	9235
by the employer by which the individual is or was last employed;	9236
and for so long as the individual's unemployment is due to such	9237
labor dispute. No individual shall be disqualified under this	9238
provision if either of the following applies:	9239

(i) The individual's employment was with such employer at any	9240
factory, establishment, or premises located in this state, owned	9241
or operated by such employer, other than the factory,	9242
establishment, or premises at which the labor dispute exists, if	9243
it is shown that the individual is not financing, participating	9244
in, or directly interested in such labor dispute;	9245

(ii) The individual's employment was with an employer not	9246
involved in the labor dispute but whose place of business was	9247
located within the same premises as the employer engaged in the	9248
dispute, unless the individual's employer is a wholly owned	9249
subsidiary of the employer engaged in the dispute, or unless the	9250
individual actively participates in or voluntarily stops work	9251
because of such dispute. If it is established that the claimant	9252
was laid off for an indefinite period and not recalled to work	9253
prior to the dispute, or was separated by the employer prior to	9254
the dispute for reasons other than the labor dispute, or that the	9255
individual obtained a bona fide job with another employer while	9256
the dispute was still in progress, such labor dispute shall not	9257
render the employee ineligible for benefits.	9258

(b) The individual has been given a disciplinary layoff for	9259
misconduct in connection with the individual's work.	9260

(2) For the duration of the individual's unemployment if the	9261
director finds that:	9262

(a) The individual quit work without just cause or has been	9263
discharged for just cause in connection with the individual's	9264
work, provided division (D)(2) of this section does not apply to	9265
the separation of a person under any of the following	9266
circumstances:	9267

(i) Separation from employment for the purpose of entering	9268
the armed forces of the United States if the individual is	9269
inducted into the armed forces within one of the following	9270
periods:	9271

(I) Thirty days after separation;

9272

(II) One hundred eighty days after separation if the	9273
individual's date of induction is delayed solely at the discretion	9274
of the armed forces.	9275

(ii) Separation from employment pursuant to a	9276
labor-management contract or agreement, or pursuant to an	9277
established employer plan, program, or policy, which permits the	9278
employee, because of lack of work, to accept a separation from	9279
employment;	9280

(iii) The individual has left employment to accept a recall	9281
from a prior employer or, except as provided in division	9282
(D)(2)(a)(iv) of this section, to accept other employment as	9283
provided under section 4141.291 of the Revised Code, or left or	9284
was separated from employment that was concurrent employment at	9285
the time of the most recent separation or within six weeks prior	9286
to the most recent separation where the remuneration, hours, or	9287
other conditions of such concurrent employment were substantially	9288
less favorable than the individual's most recent employment and	9289
where such employment, if offered as new work, would be considered	9290
not suitable under the provisions of divisions (E) and (F) of this	9291
section. Any benefits that would otherwise be chargeable to the	9292
account of the employer from whom an individual has left	9293
employment or was separated from employment that was concurrent	9294
employment under conditions described in division (D)(2)(a)(iii)	9295
of this section, shall instead be charged to the mutualized	9296
account created by division (B) of section 4141.25 of the Revised	9297
Code, except that any benefits chargeable to the account of a	9298
reimbursing employer under division (D)(2)(a)(iii) of this section	9299
shall be charged to the account of the reimbursing employer and	9300
not to the mutualized account, except as provided in division	9301
(D)(2) of section 4141.24 of the Revised Code.	9302

(iv) When an individual has been issued a definite layoff	9303
date by the individual's employer and before the layoff date, the	9304
individual quits to accept other employment, the provisions of	9305
division (D)(2)(a)(iii) of this section apply and no	9306
disqualification shall be imposed under division (D) of this	9307
section. However, if the individual fails to meet the employment	9308
and earnings requirements of division (A)(2) of section 4141.291	9309
of the Revised Code, then the individual, pursuant to division	9310
(A)(5) of this section, shall be ineligible for benefits for any	9311
week of unemployment that occurs prior to the layoff date.	9312

(b) The individual has refused without good cause to accept	9313
an offer of suitable work when made by an employer either in	9314
person or to the individual's last known address, or has refused	9315
or failed to investigate a referral to suitable work when directed	9316
to do so by a local employment office of this state or another	9317
state, provided that this division shall not cause a	9318
disqualification for a waiting week or benefits under the	9319
following circumstances:	9320

(i) When work is offered by the individual's employer and the	9321
individual is not required to accept the offer pursuant to the	9322
terms of the labor-management contract or agreement; or	9323

(ii) When the individual is attending a training course	9324
pursuant to division (A)(4) of this section except, in the event	9325
of a refusal to accept an offer of suitable work or a refusal or	9326
failure to investigate a referral, benefits thereafter paid to	9327
such individual shall not be charged to the account of any	9328
employer and, except as provided in division (B)(1)(b) of section	9329
4141.241 of the Revised Code, shall be charged to the mutualized	9330
account as provided in division (B) of section 4141.25 of the	9331
Revised Code.	9332

(c) Such individual quit work to marry or because of marital,	9333
parental, filial, or other domestic obligations.	9334

(d) The individual became unemployed by reason of commitment	9335
to any correctional institution.	9336

(e) The individual became unemployed because of dishonesty in	9337
connection with the individual's most recent or any base period	9338
work. Remuneration earned in such work shall be excluded from the	9339
individual's total base period remuneration and qualifying weeks	9340
that otherwise would be credited to the individual for such work	9341
in the individual's base period shall not be credited for the	9342
purpose of determining the total benefits to which the individual	9343
is eligible and the weekly benefit amount to be paid under section	9344
4141.30 of the Revised Code. Such excluded remuneration and	9345
noncredited qualifying weeks shall be excluded from the	9346
calculation of the maximum amount to be charged, under division	9347
(D) of section 4141.24 and section 4141.33 of the Revised Code,	9348
against the accounts of the individual's base period employers. In	9349
addition, no benefits shall thereafter be paid to the individual	9350
based upon such excluded remuneration or noncredited qualifying	9351
weeks.	9352

For purposes of division (D)(2)(e) of this section,	9353
"dishonesty" means the commission of substantive theft, fraud, or	9354
deceitful acts.	9355

(E) No individual otherwise qualified to receive benefits	9356
shall lose the right to benefits by reason of a refusal to accept	9357
new work if:	9358

(1) As a condition of being so employed the individual would	9359
be required to join a company union, or to resign from or refrain	9360
from joining any bona fide labor organization, or would be denied	9361
the right to retain membership in and observe the lawful rules of	9362
any such organization.	9363

(2) The position offered is vacant due directly to a strike,	9364
lockout, or other labor dispute.	9365

(3) The work is at an unreasonable distance from the	9366
individual's residence, having regard to the character of the work	9367
the individual has been accustomed to do, and travel to the place	9368
of work involves expenses substantially greater than that required	9369
for the individual's former work, unless the expense is provided	9370
for.	9371

(4) The remuneration, hours, or other conditions of the work	9372
offered are substantially less favorable to the individual than	9373
those prevailing for similar work in the locality.	9374

(F) Subject to the special exceptions contained in division	9375
(A)(4)(f) of this section and section 4141.301 of the Revised	9376
Code, in determining whether any work is suitable for a claimant	9377
in the administration of this chapter, the director, in addition	9378
to the determination required under division (E) of this section,	9379
shall consider the degree of risk to the claimant's health,	9380
safety, and morals, the individual's physical fitness for the	9381
work, the individual's prior training and experience, the length	9382
of the individual's unemployment, the distance of the available	9383
work from the individual's residence, and the individual's	9384
prospects for obtaining local work.	9385

(G) The "duration of unemployment" as used in this section	9386
means the full period of unemployment next ensuing after a	9387
separation from any base period or subsequent work and until an	9388
individual has become reemployed in employment subject to this	9389
chapter, or the unemployment compensation act of another state, or	9390
of the United States, and until such individual has worked six	9391
weeks and for those weeks has earned or been paid remuneration	9392
equal to six times an average weekly wage of not less than:	9393
eighty-five dollars and ten cents per week beginning on June 26,	9394
1990; and beginning on and after January 1, 1992, twenty-seven and	9395
one-half per cent of the statewide average weekly wage as computed	9396
each first day of January under division (B)(3) of section 4141.30	9397
of the Revised Code, rounded down to the nearest dollar, except	9398
for purposes of division (D)(2)(c) of this section, such term	9399
means the full period of unemployment next ensuing after a	9400
separation from such work and until such individual has become	9401
reemployed subject to the terms set forth above, and has earned	9402
wages equal to one-half of the individual's average weekly wage or	9403
sixty dollars, whichever is less.	9404

(H) If a claimant is disqualified under division (D)(2)(a),	9405
(c), or (d) of this section or found to be qualified under the	9406
exceptions provided in division (D)(2)(a)(i), (iii), or (iv) of	9407
this section or division (A)(2) of section 4141.291 of the Revised	9408
Code, then benefits that may become payable to such claimant,	9409
which are chargeable to the account of the employer from whom the	9410
individual was separated under such conditions, shall be charged	9411
to the mutualized account provided in section 4141.25 of the	9412
Revised Code, provided that no charge shall be made to the	9413
mutualized account for benefits chargeable to a reimbursing	9414
employer, except as provided in division (D)(2) of section 4141.24	9415
of the Revised Code. In the case of a reimbursing employer, the	9416
director shall refund or credit to the account of the reimbursing	9417
employer any over-paid benefits that are recovered under division	9418
(B) of section 4141.35 of the Revised Code. Amounts chargeable to	9419
other states, the United States, or Canada that are subject to	9420
agreements and arrangements that are established pursuant to	9421
section 4141.43 of the Revised Code shall be credited or	9422
reimbursed according to the agreements and arrangements to which	9423
the chargeable amounts are subject.	9424

(I)(1) Benefits based on service in employment as provided in	9425
divisions (B)(2)(a) and (b) of section 4141.01 of the Revised Code	9426
shall be payable in the same amount, on the same terms, and	9427
subject to the same conditions as benefits payable on the basis of	9428
other service subject to this chapter; except that after December	9429
31, 1977:	9430

(a) Benefits based on service in an instructional, research,	9431
or principal administrative capacity in an institution of higher	9432
education, as defined in division (Y) of section 4141.01 of the	9433
Revised Code; or for an educational institution as defined in	9434
division (CC) of section 4141.01 of the Revised Code, shall not be	9435
paid to any individual for any week of unemployment that begins	9436
during the period between two successive academic years or terms,	9437
or during a similar period between two regular but not successive	9438
terms or during a period of paid sabbatical leave provided for in	9439
the individual's contract, if the individual performs such	9440
services in the first of those academic years or terms and has a	9441
contract or a reasonable assurance that the individual will	9442
perform services in any such capacity for any such institution in	9443
the second of those academic years or terms.	9444

(b) Benefits based on service for an educational institution	9445
or an institution of higher education in other than an	9446
instructional, research, or principal administrative capacity,	9447
shall not be paid to any individual for any week of unemployment	9448
which begins during the period between two successive academic	9449
years or terms of the employing educational institution or	9450
institution of higher education, provided the individual performed	9451
those services for the educational institution or institution of	9452
higher education during the first such academic year or term and,	9453
there is a reasonable assurance that such individual will perform	9454
those services for any educational institution or institution of	9455
higher education in the second of such academic years or terms.	9456

If compensation is denied to any individual for any week	9457
under division (I)(1)(b) of this section and the individual was	9458
not offered an opportunity to perform those services for an	9459
institution of higher education or for an educational institution	9460
for the second of such academic years or terms, the individual is	9461
entitled to a retroactive payment of compensation for each week	9462
for which the individual timely filed a claim for compensation and	9463
for which compensation was denied solely by reason of division	9464
(I)(1)(b) of this section. An application for retroactive benefits	9465
shall be timely filed if received by the director or the	9466
director's deputy within or prior to the end of the fourth full	9467
calendar week after the end of the period for which benefits were	9468
denied because of reasonable assurance of employment. The	9469
provision for the payment of retroactive benefits under division	9470
(I)(1)(b) of this section is applicable to weeks of unemployment	9471
beginning on and after November 18, 1983. The provisions under	9472
division (I)(1)(b) of this section shall be retroactive to	9473
September 5, 1982, only if, as a condition for full tax credit	9474
against the tax imposed by the "Federal Unemployment Tax Act," 53	9475
Stat. 183 (1939), 26 U.S.C.A. 3301 to 3311, the United States	9476
secretary of labor determines that retroactivity is required by	9477
federal law.	9478

(c) With respect to weeks of unemployment beginning after	9479
December 31, 1977, benefits shall be denied to any individual for	9480
any week which commences during an established and customary	9481
vacation period or holiday recess, if the individual performs any	9482
services described in divisions (I)(1)(a) and (b) of this section	9483
in the period immediately before the vacation period or holiday	9484
recess, and there is a reasonable assurance that the individual	9485
will perform any such services in the period immediately following	9486
the vacation period or holiday recess.	9487

(d) With respect to any services described in division	9488
(I)(1)(a), (b), or (c) of this section, benefits payable on the	9489
basis of services in any such capacity shall be denied as	9490
specified in division (I)(1)(a), (b), or (c) of this section to	9491
any individual who performs such services in an educational	9492
institution or institution of higher education while in the employ	9493
of an educational service agency. For this purpose, the term	9494
"educational service agency" means a governmental agency or	9495
governmental entity that is established and operated exclusively	9496
for the purpose of providing services to one or more educational	9497
institutions or one or more institutions of higher education.	9498

(e) Any individual employed by ~~a public school district or~~ a	9499
county board of developmental disabilities shall be notified by	9500
the thirtieth day of April each year if the individual is not to	9501
be reemployed the following academic year.	9502

(f) Any individual employed by a school district shall be	9503
notified by the first day of June each year if the individual is	9504
not to be reemployed the following academic year.	9505

(2) No disqualification will be imposed, between academic	9506
years or terms or during a vacation period or holiday recess under	9507
this division, unless the director or the director's deputy has	9508
received a statement in writing from the educational institution	9509
or institution of higher education that the claimant has a	9510
contract for, or a reasonable assurance of, reemployment for the	9511
ensuing academic year or term.	9512

(3) If an individual has employment with an educational	9513
institution or an institution of higher education and employment	9514
with a noneducational employer, during the base period of the	9515
individual's benefit year, then the individual may become eligible	9516
for benefits during the between-term, or vacation or holiday	9517
recess, disqualification period, based on employment performed for	9518
the noneducational employer, provided that the employment is	9519
sufficient to qualify the individual for benefit rights separately	9520
from the benefit rights based on school employment. The weekly	9521
benefit amount and maximum benefits payable during a	9522
disqualification period shall be computed based solely on the	9523
nonschool employment.	9524

(J) Benefits shall not be paid on the basis of employment	9525
performed by an alien, unless the alien had been lawfully admitted	9526
to the United States for permanent residence at the time the	9527
services were performed, was lawfully present for purposes of	9528
performing the services, or was otherwise permanently residing in	9529
the United States under color of law at the time the services were	9530
performed, under section 212(d)(5) of the "Immigration and	9531
Nationality Act," 66 Stat. 163, 8 U.S.C.A. 1101:	9532

(1) Any data or information required of individuals applying	9533
for benefits to determine whether benefits are not payable to them	9534
because of their alien status shall be uniformly required from all	9535
applicants for benefits.	9536

(2) In the case of an individual whose application for	9537
benefits would otherwise be approved, no determination that	9538
benefits to the individual are not payable because of the	9539
individual's alien status shall be made except upon a	9540
preponderance of the evidence that the individual had not, in	9541
fact, been lawfully admitted to the United States.	9542

(K) The director shall establish and utilize a system of	9543
profiling all new claimants under this chapter that:	9544

(1) Identifies which claimants will be likely to exhaust	9545
regular compensation and will need job search assistance services	9546
to make a successful transition to new employment;	9547

(2) Refers claimants identified pursuant to division (K)(1)	9548
of this section to reemployment services, such as job search	9549
assistance services, available under any state or federal law;	9550

(3) Collects follow-up information relating to the services	9551
received by such claimants and the employment outcomes for such	9552
claimant's subsequent to receiving such services and utilizes such	9553
information in making identifications pursuant to division (K)(1)	9554
of this section; and	9555

(4) Meets such other requirements as the United States	9556
secretary of labor determines are appropriate.	9557

Sec. 4141.292. (A) As used in this section, "learn to earn	9558
program" means any program established by the department of job	9559
and family services that offers a structured, supervised training	9560
opportunity to an eligible unemployment compensation claimant with	9561
a designated worksite training provider.	9562

(B) Participation in a learn to earn program is voluntary.

9563

(C) If a learn to earn program participant is otherwise	9564
eligible for unemployment compensation benefits, the participant	9565
shall continue to receive unemployment compensation benefits	9566
pursuant to this chapter during participation in the program.	9567

(D) A participant in a learn to earn program shall be	9568
registered at an employment office or other registration place	9569
maintained or designated by the director of job and family	9570
services according to the procedure set forth in division (A)(3)	9571
of section 4141.29 of the Revised Code.	9572

(E) A learn to earn program participant may participate in a	9573
learn to earn program for a period not to exceed twenty-four hours	9574
a week for a maximum of six weeks.	9575

Sec. 4301.20. This chapter and Chapter 4303. of the Revised	9576
Code do not prevent the following:	9577

(A) The storage of intoxicating liquor in bonded warehouses,	9578
established in accordance with the acts of congress and under the	9579
regulation of the United States, located in this state, or the	9580
transportation of intoxicating liquor to or from bonded warehouses	9581
of the United States wherever located;	9582

(B) A bona fide resident of this state who is the owner of a	9583
warehouse receipt from obtaining or transporting to the resident's	9584
residence for the resident's own consumption and not for resale	9585
spirituous liquor stored in a government bonded warehouse in this	9586
state or in another state prior to December 1933, subject to such	9587
terms as are prescribed by the division of liquor control;	9588

(C) The manufacture of cider from fruit for the purpose of	9589
making vinegar, and nonintoxicating cider and fruit juices for use	9590
and sale;	9591

(D) A licensed physician or dentist from administering or	9592
dispensing intoxicating liquor or alcohol to a patient in good	9593
faith in the actual course of the practice of the physician's or	9594
dentist's profession;	9595

(E) The sale of alcohol to physicians, dentists, druggists,	9596
veterinary surgeons, manufacturers, hospitals, infirmaries, or	9597
medical or educational institutions using the alcohol for	9598
medicinal, mechanical, chemical, or scientific purposes;	9599

(F) The sale, gift, or keeping for sale by druggists and	9600
others of any of the medicinal preparations manufactured in	9601
accordance with the formulas prescribed by the United States	9602
Pharmacopoeia and National Formulary, patent or proprietary	9603
preparations, and other bona fide medicinal and technical	9604
preparations, which contain no more alcohol than is necessary to	9605
hold the medicinal agents in solution and to preserve the same,	9606
which are manufactured and sold as medicine and not as beverages,	9607
are unfit for use for beverage purposes, and the sale of which	9608
does not require the payment of a United States liquor dealer's	9609
tax;	9610

(G) The manufacture and sale of tinctures or of toilet,	9611
medicinal, and antiseptic preparations and solutions not intended	9612
for internal human use nor to be sold as beverages, and which are	9613
unfit for beverage purposes, if upon the outside of each bottle,	9614
box, or package of which there is printed in the English language,	9615
conspicuously and legibly, the quantity by volume of alcohol in	9616
the preparation or solution;	9617

(H) The manufacture and keeping for sale of the food products	9618
known as flavoring extracts when manufactured and sold for	9619
cooking, culinary, or flavoring purposes, and which are unfit for	9620
use for beverage purposes;	9621

(I) The lawful sale of wood alcohol or of ethyl alcohol for	9622
external use when combined with other substances as to make it	9623
unfit for internal use;	9624

(J) The manufacture, sale, and transport of ethanol or ethyl	9625
alcohol for use as fuel. As used in this division, "ethanol" has	9626
the same meaning as in section 5733.46 of the Revised Code.	9627

(K) The purchase and importation into this state or the	9628
purchase at wholesale from A or B permit holders in this state of	9629
beer and intoxicating liquor for use in manufacturing processes of	9630
nonbeverage food products under terms prescribed by the division,	9631
provided that the terms prescribed by the division shall not	9632
increase the cost of the beer or intoxicating liquor to any	9633
person, firm, or corporation purchasing and importing it into this	9634
state or purchasing it from an A or B permit holder for that use;	9635

(L) Any resident of this state or any member of the armed	9636
forces of the United States, who has attained the age of	9637
twenty-one years, from bringing into this state, for personal use	9638
and not for resale, not more than one liter of spirituous liquor,	9639
four and one-half liters of wine, or two hundred eighty-eight	9640
ounces of beer in any thirty-day period, and the same is free of	9641
any tax consent fee when the resident or member of the armed	9642
forces physically possesses and accompanies the spirituous liquor,	9643
wine, or beer on returning from a foreign country, another state,	9644
or an insular possession of the United States;	9645

(M) Persons, at least twenty-one years of age, who collect	9646
ceramic commemorative bottles containing spirituous liquor that	9647
have unbroken federal tax stamps on them from selling or trading	9648
the bottles to other collectors. The bottles shall originally have	9649
been purchased at retail from the division, legally imported under	9650
division (L) of this section, or legally imported pursuant to a	9651
supplier registration issued by the division. The sales shall be	9652
for the purpose of exchanging a ceramic commemorative bottle	9653
between private collectors and shall not be for the purpose of	9654
selling the spirituous liquor for personal consumption. The sale	9655
or exchange authorized by this division shall not occur on the	9656
premises of any permit holder, shall not be made in connection	9657
with the business of any permit holder, and shall not be made in	9658
connection with any mercantile business.	9659

(N) The sale of beer or intoxicating liquor without a liquor	9660
permit at a private residence, not more than five times per	9661
calendar year at a residence address, at an event that has the	9662
following characteristics:	9663

(1) The event is for a charitable, benevolent, or political	9664
purpose, but shall not include any event the proceeds of which are	9665
for the profit or gain of any individual;	9666

(2) The event has in attendance not more than fifty people;

9667

(3) The event shall be for a period not to exceed twelve	9668
hours;	9669

(4) The sale of beer and intoxicating liquor at the event	9670
shall not take place between two-thirty a.m. and five-thirty a.m.;	9671

(5) No person under twenty-one years of age shall purchase or	9672
consume beer or intoxicating liquor at the event and no beer or	9673
intoxicating liquor shall be sold to any person under twenty-one	9674
years of age at the event; and	9675

(6) No person at the event shall sell or furnish beer or	9676
intoxicating liquor to an intoxicated person.	9677

(O) The possession or consumption of beer or intoxicating	9678
liquor by a person who is under twenty-one years of age and who is	9679
a student at an accredited college or university, provided that	9680
both of the following apply:	9681

(1) The person is required to taste and expectorate the beer	9682
or intoxicating liquor for a culinary, food service, or	9683
hospitality course.	9684

(2) The person is under the direct supervision of the	9685
instructor of the culinary, food service, or hospitality course.	9686

Sec. 5104.01. As used in this chapter:

9687

(A) "Administrator" means the person responsible for the	9688
daily operation of a center or type A home. The administrator and	9689
the owner may be the same person.	9690

(B) "Approved child day camp" means a child day camp approved	9691
pursuant to section 5104.22 of the Revised Code.	9692

(C) "Authorized provider" means a person authorized by a	9693
county director of job and family services to operate a certified	9694
type B family day-care home.	9695

(D) "Border state child care provider" means a child care	9696
provider that is located in a state bordering Ohio and that is	9697
licensed, certified, or otherwise approved by that state to	9698
provide child care.	9699

(E) "Career pathways model" means an alternative pathway to	9700
meeting the requirements ~~for~~to be a child-care staff member or	9701
administrator that ~~uses one~~does both of the following:	9702

(1) Uses a framework approved by the director of job and	9703
family services to ~~integrate the pathways of~~document formal	9704
education, training, experience, and specialized credentials, and	9705
certifications~~, and that allows~~;	9706

(2) Allows the child-care staff member or administrator to	9707
achieve a designation as an early childhood professional level	9708
one, two, three, four, five, or six.	9709

(F) "Caretaker parent" means the father or mother of a child	9710
whose presence in the home is needed as the caretaker of the	9711
child, a person who has legal custody of a child and whose	9712
presence in the home is needed as the caretaker of the child, a	9713
guardian of a child whose presence in the home is needed as the	9714
caretaker of the child, and any other person who stands in loco	9715
parentis with respect to the child and whose presence in the home	9716
is needed as the caretaker of the child.	9717

(G) "Certified type B family day-care home" and "certified	9718
type B home" mean a type B family day-care home that is certified	9719
by the director of the county department of job and family	9720
services pursuant to section 5104.11 of the Revised Code to	9721
receive public funds for providing child care pursuant to this	9722
chapter and any rules adopted under it.	9723

(H) "Chartered nonpublic school" means a school that meets	9724
standards for nonpublic schools prescribed by the state board of	9725
education for nonpublic schools pursuant to section 3301.07 of the	9726
Revised Code.	9727

(I) "Child" includes an infant, toddler, ~~preschool~~	9728
preschool-age child, or ~~school~~school-age child.	9729

(J) "Child care block grant act" means the "Child Care and	9730
Development Block Grant Act of 1990," established in section 5082	9731
of the "Omnibus Budget Reconciliation Act of 1990," 104 Stat.	9732
1388-236 (1990), 42 U.S.C. 9858, as amended.	9733

(K) "Child day camp" means a program in which only ~~school~~	9734
school-age children attend or participate, that operates for no	9735
more than seven hours per day, that operates only during one or	9736
more public school district's regular vacation periods or for no	9737
more than fifteen weeks during the summer, and that operates	9738
outdoor activities for each child who attends or participates in	9739
the program for a minimum of fifty per cent of each day that	9740
children attend or participate in the program, except for any day	9741
when hazardous weather conditions prevent the program from	9742
operating outdoor activities for a minimum of fifty per cent of	9743
that day. For purposes of this division, the maximum seven hours	9744
of operation time does not include transportation time from a	9745
child's home to a child day camp and from a child day camp to a	9746
child's home.	9747

(L) "Child care" means administering to the needs of infants,	9748
toddlers, ~~preschool~~preschool-age children, and ~~school~~school-age	9749
children outside of school hours by persons other than their	9750
parents or guardians, custodians, or relatives by blood, marriage,	9751
or adoption for any part of the twenty-four-hour day in a place or	9752
residence other than a child's own home.	9753

(M) "Child day-care center" and "center" mean any place in	9754
which child care or publicly funded child care is provided for	9755
thirteen or more children at one time or any place that is not the	9756
permanent residence of the licensee or administrator in which	9757
child care or publicly funded child care is provided for seven to	9758
twelve children at one time. In counting children for the purposes	9759
of this division, any children under six years of age who are	9760
related to a licensee, administrator, or employee and who are on	9761
the premises of the center shall be counted. "Child day-care	9762
center" and "center" do not include any of the following:	9763

(1) A place located in and operated by a hospital, as defined	9764
in section 3727.01 of the Revised Code, in which the needs of	9765
children are administered to, if all the children whose needs are	9766
being administered to are monitored under the on-site supervision	9767
of a physician licensed under Chapter 4731. of the Revised Code or	9768
a registered nurse licensed under Chapter 4723. of the Revised	9769
Code, and the services are provided only for children who, in the	9770
opinion of the child's parent, guardian, or custodian, are	9771
exhibiting symptoms of a communicable disease or other illness or	9772
are injured;	9773

(2) A child day camp;

9774

(3) A place that provides child care, but not publicly funded	9775
child care, if all of the following apply:	9776

(a) An organized religious body provides the child care;

9777

(b) A parent, custodian, or guardian of at least one child	9778
receiving child care is on the premises and readily accessible at	9779
all times;	9780

(c) The child care is not provided for more than thirty days	9781
a year;	9782

(d) The child care is provided only for ~~preschool~~	9783
preschool-age and ~~school~~school-age children.	9784

(N) "Child care resource and referral service organization"	9785
means a community-based nonprofit organization that provides child	9786
care resource and referral services but not child care.	9787

(O) "Child care resource and referral services" means all of	9788
the following services:	9789

(1) Maintenance of a uniform data base of all child care	9790
providers in the community that are in compliance with this	9791
chapter, including current occupancy and vacancy data;	9792

(2) Provision of individualized consumer education to	9793
families seeking child care;	9794

(3) Provision of timely referrals of available child care	9795
providers to families seeking child care;	9796

(4) Recruitment of child care providers;

9797

(5) Assistance in the development, conduct, and dissemination	9798
of training for child care providers and provision of technical	9799
assistance to current and potential child care providers,	9800
employers, and the community;	9801

(6) Collection and analysis of data on the supply of and	9802
demand for child care in the community;	9803

(7) Technical assistance concerning locally, state, and	9804
federally funded child care and early childhood education	9805
programs;	9806

(8) Stimulation of employer involvement in making child care	9807
more affordable, more available, safer, and of higher quality for	9808
their employees and for the community;	9809

(9) Provision of written educational materials to caretaker	9810
parents and informational resources to child care providers;	9811

(10) Coordination of services among child care resource and	9812
referral service organizations to assist in developing and	9813
maintaining a statewide system of child care resource and referral	9814
services if required by the department of job and family services;	9815

(11) Cooperation with the county department of job and family	9816
services in encouraging the establishment of parent cooperative	9817
child care centers and parent cooperative type A family day-care	9818
homes.	9819

(P) "Child-care staff member" means an employee of a child	9820
day-care center or type A family day-care home who is primarily	9821
responsible for the care and supervision of children. The	9822
administrator may be a part-time child-care staff member when not	9823
involved in other duties.	9824

(Q) "Drop-in child day-care center," "drop-in center,"	9825
"drop-in type A family day-care home," and "drop-in type A home"	9826
mean a center or type A home that provides child care or publicly	9827
funded child care for children on a temporary, irregular basis.	9828

(R) "Employee" means a person who either:

9829

(1) Receives compensation for duties performed in a child	9830
day-care center or type A family day-care home;	9831

(2) Is assigned specific working hours or duties in a child	9832
day-care center or type A family day-care home.	9833

(S) "Employer" means a person, firm, institution,	9834
organization, or agency that operates a child day-care center or	9835
type A family day-care home subject to licensure under this	9836
chapter.	9837

(T) "Federal poverty line" means the official poverty	9838
guideline as revised annually in accordance with section 673(2) of	9839
the "Omnibus Budget Reconciliation Act of 1981," 95 Stat. 511, 42	9840
U.S.C. 9902, as amended, for a family size equal to the size of	9841
the family of the person whose income is being determined.	9842

(U) "Head start program" means a comprehensive child	9843
development program that receives funds distributed under the	9844
"Head Start Act," 95 Stat. 499 (1981), 42 U.S.C.A. 9831, as	9845
amended, and is licensed as a child day-care center.	9846

(V) "Income" means gross income, as defined in section	9847
5107.10 of the Revised Code, less any amounts required by federal	9848
statutes or regulations to be disregarded.	9849

(W) "Indicator checklist" means an inspection tool, used in	9850
conjunction with an instrument-based program monitoring	9851
information system, that contains selected licensing requirements	9852
that are statistically reliable indicators or predictors of a	9853
child day-care center or type A family day-care home's compliance	9854
with licensing requirements.	9855

(X) "Infant" means a child who is less than eighteen months	9856
of age.	9857

(Y) "In-home aide" means a person who does not reside with	9858
the child but provides care in the child's home and is certified	9859
by a county director of job and family services pursuant to	9860
section 5104.12 of the Revised Code to provide publicly funded	9861
child care to a child in a child's own home pursuant to this	9862
chapter and any rules adopted under it.	9863

(Z) "Instrument-based program monitoring information system"	9864
means a method to assess compliance with licensing requirements	9865
for child day-care centers and type A family day-care homes in	9866
which each licensing requirement is assigned a weight indicative	9867
of the relative importance of the requirement to the health,	9868
growth, and safety of the children that is used to develop an	9869
indicator checklist.	9870

(AA) "License capacity" means the maximum number in each age	9871
category of children who may be cared for in a child day-care	9872
center or type A family day-care home at one time as determined by	9873
the director of job and family services considering building	9874
occupancy limits established by the department of commerce, amount	9875
of available indoor floor space and outdoor play space, and amount	9876
of available play equipment, materials, and supplies. For the	9877
purposes of a provisional license issued under this chapter, the	9878
director shall also consider the number of available child-care	9879
staff members when determining "license capacity" for the	9880
provisional license.	9881

(BB) "Licensed child care program" means any of the	9882
following:	9883

(1) A child day-care center licensed by the department of job	9884
and family services pursuant to this chapter;	9885

(2) A type A family day-care home licensed by the department	9886
of job and family services pursuant to this chapter;	9887

(3) A type B family day-care home certified by a county	9888
department of job and family services pursuant to this chapter;	9889

(4) A licensed preschool program or licensed school child	9890
program.	9891

(CC) "Licensed preschool program" or "licensed school child	9892
program" means a preschool program or school child program, as	9893
defined in section 3301.52 of the Revised Code, that is licensed	9894
by the department of education pursuant to sections 3301.52 to	9895
3301.59 of the Revised Code.	9896

~~(CC)~~(DD) "Licensee" means the owner of a child day-care	9897
center or type A family day-care home that is licensed pursuant to	9898
this chapter and who is responsible for ensuring its compliance	9899
with this chapter and rules adopted pursuant to this chapter.	9900

~~(DD)~~(EE) "Operate a child day camp" means to operate,	9901
establish, manage, conduct, or maintain a child day camp.	9902

~~(EE)~~(FF) "Owner" includes a person, as defined in section	9903
1.59 of the Revised Code, or government entity.	9904

~~(FF)~~(GG) "Parent cooperative child day-care center," "parent	9905
cooperative center," "parent cooperative type A family day-care	9906
home," and "parent cooperative type A home" mean a corporation or	9907
association organized for providing educational services to the	9908
children of members of the corporation or association, without	9909
gain to the corporation or association as an entity, in which the	9910
services of the corporation or association are provided only to	9911
children of the members of the corporation or association,	9912
ownership and control of the corporation or association rests	9913
solely with the members of the corporation or association, and at	9914
least one parent-member of the corporation or association is on	9915
the premises of the center or type A home during its hours of	9916
operation.	9917

~~(GG)~~(HH) "Part-time child day-care center," "part-time	9918
center," "part-time type A family day-care home," and "part-time	9919
type A home" mean a center or type A home that provides child care	9920
or publicly funded child care for no more than four hours a day	9921
for any child.	9922

~~(HH)~~(II) "Place of worship" means a building where activities	9923
of an organized religious group are conducted and includes the	9924
grounds and any other buildings on the grounds used for such	9925
activities.	9926

~~(II)~~(JJ) "~~Preschool~~Preschool-age child" means a child who is	9927
three years old or older but is not a ~~school~~school-age child.	9928

~~(JJ)~~(KK) "Protective child care" means publicly funded child	9929
care for the direct care and protection of a child to whom either	9930
of the following applies:	9931

(1) A case plan prepared and maintained for the child	9932
pursuant to section 2151.412 of the Revised Code indicates a need	9933
for protective care and the child resides with a parent,	9934
stepparent, guardian, or another person who stands in loco	9935
parentis as defined in rules adopted under section 5104.38 of the	9936
Revised Code;	9937

(2) The child and the child's caretaker either temporarily	9938
reside in a facility providing emergency shelter for homeless	9939
families or are determined by the county department of job and	9940
family services to be homeless, and are otherwise ineligible for	9941
publicly funded child care.	9942

~~(KK)~~(LL) "Publicly funded child care" means administering to	9943
the needs of infants, toddlers, ~~preschool~~preschool-age children,	9944
and ~~school~~school-age children under age thirteen during any part	9945
of the twenty-four-hour day by persons other than their caretaker	9946
parents for remuneration wholly or in part with federal or state	9947
funds, including funds available under the child care block grant	9948
act, Title IV-A, and Title XX, distributed by the department of	9949
job and family services.	9950

~~(LL)~~(MM) "Religious activities" means any of the following:	9951
worship or other religious services; religious instruction; Sunday	9952
school classes or other religious classes conducted during or	9953
prior to worship or other religious services; youth or adult	9954
fellowship activities; choir or other musical group practices or	9955
programs; meals; festivals; or meetings conducted by an organized	9956
religious group.	9957

~~(MM)~~(NN) "~~School~~School-age child" means a child who is	9958
enrolled in or is eligible to be enrolled in a grade of	9959
kindergarten or above but is less than fifteen years old.	9960

~~(NN)~~(OO) "~~School child day-care center," "school~~School-age	9961
child care center," ~~"school child type A family day-care home,"~~	9962
and "~~school~~school-age child type A ~~family~~ home" mean a center or	9963
type A home that provides child care for ~~school~~school-age	9964
children only and that does either or both of the following:	9965

(1) Operates only during that part of the day that	9966
immediately precedes or follows the public school day of the	9967
school district in which the center or type A home is located;	9968

(2) Operates only when the public schools in the school	9969
district in which the center or type A home is located are not	9970
open for instruction with pupils in attendance.	9971

~~(OO)~~(PP) "Serious risk noncompliance" means a licensure or	9972
certification rule violation that leads to a great risk of harm	9973
to, or death of, a child, and is observable, not inferable.	9974

~~(PP)~~(QQ) "State median income" means the state median income	9975
calculated by the department of development pursuant to division	9976
(A)(1)(g) of section 5709.61 of the Revised Code.	9977

~~(QQ)~~(RR) "Title IV-A" means Title IV-A of the "Social	9978
Security Act," 110 Stat. 2113 (1996), 42 U.S.C. 601, as amended.	9979

~~(RR)~~(SS) "Title XX" means Title XX of the "Social Security	9980
Act," 88 Stat. 2337 (1974), 42 U.S.C. 1397, as amended.	9981

~~(SS)~~(TT) "Toddler" means a child who is at least eighteen	9982
months of age but less than three years of age.	9983

~~(TT)~~(UU) "Type A family day-care home" and "type A home" mean	9984
a permanent residence of the administrator in which child care or	9985
publicly funded child care is provided for seven to twelve	9986
children at one time or a permanent residence of the administrator	9987
in which child care is provided for four to twelve children at one	9988
time if four or more children at one time are under two years of	9989
age. In counting children for the purposes of this division, any	9990
children under six years of age who are related to a licensee,	9991
administrator, or employee and who are on the premises of the type	9992
A home shall be counted. "Type A family day-care home" and "type A	9993
home" do not include any child day camp.	9994

~~(UU)~~(VV) "Type B family day-care home" and "type B home" mean	9995
a permanent residence of the provider in which child care is	9996
provided for one to six children at one time and in which no more	9997
than three children are under two years of age at one time. In	9998
counting children for the purposes of this division, any children	9999
under six years of age who are related to the provider and who are	10000
on the premises of the type B home shall be counted. "Type B	10001
family day-care home" and "type B home" do not include any child	10002
day camp.	10003

Sec. 5104.011. (A) The director of job and family services	10004
shall adopt rules pursuant to Chapter 119. of the Revised Code	10005
governing the operation of child day-care centers, including, but	10006
not limited to, parent cooperative centers, part-time centers,	10007
drop-in centers, and ~~school~~school-age child care centers, which	10008
rules shall reflect the various forms of child care and the needs	10009
of children receiving child care or publicly funded child care and	10010
shall include specific rules for ~~school~~school-age child care	10011
centers that are developed in consultation with the department of	10012
education. The rules shall not require an existing school facility	10013
that is in compliance with applicable building codes to undergo an	10014
additional building code inspection or to have structural	10015
modifications. The rules shall include the following:	10016

(1) Submission of a site plan and descriptive plan of	10017
operation to demonstrate how the center proposes to meet the	10018
requirements of this chapter and rules adopted pursuant to this	10019
chapter for the initial license application;	10020

(2) Standards for ensuring that the physical surroundings of	10021
the center are safe and sanitary including, but not limited to,	10022
the physical environment, the physical plant, and the equipment of	10023
the center;	10024

(3) Standards for the supervision, care, and discipline of	10025
children receiving child care or publicly funded child care in the	10026
center;	10027

(4) Standards for a program of activities, and for play	10028
equipment, materials, and supplies, to enhance the development of	10029
each child; however, any educational curricula, philosophies, and	10030
methodologies that are developmentally appropriate and that	10031
enhance the social, emotional, intellectual, and physical	10032
development of each child shall be permissible. As used in this	10033
division, "program" does not include instruction in religious or	10034
moral doctrines, beliefs, or values that is conducted at child	10035
day-care centers owned and operated by churches and does include	10036
methods of disciplining children at child day-care centers.	10037

(5) Admissions policies and procedures, health care policies	10038
and procedures, including, but not limited to, procedures for the	10039
isolation of children with communicable diseases, first aid and	10040
emergency procedures, procedures for discipline and supervision of	10041
children, standards for the provision of nutritious meals and	10042
snacks, and procedures for screening children and employees, that	10043
may include any necessary physical examinations and immunizations;	10044

(6) Methods for encouraging parental participation in the	10045
center and methods for ensuring that the rights of children,	10046
parents, and employees are protected and that responsibilities of	10047
parents and employees are met;	10048

(7) Procedures for ensuring the safety and adequate	10049
supervision of children traveling off the premises of the center	10050
while under the care of a center employee;	10051

(8) Procedures for record keeping, organization, and	10052
administration;	10053

(9) Procedures for issuing, denying, and revoking a license	10054
that are not otherwise provided for in Chapter 119. of the Revised	10055
Code;	10056

(10) Inspection procedures;

10057

(11) Procedures and standards for setting initial license	10058
application fees;	10059

(12) Procedures for receiving, recording, and responding to	10060
complaints about centers;	10061

(13) Procedures for enforcing section 5104.04 of the Revised	10062
Code;	10063

(14) A standard requiring the inclusion, on and after July 1,	10064
1987, of a current department of job and family services toll-free	10065
telephone number on each center provisional license or license	10066
which any person may use to report a suspected violation by the	10067
center of this chapter or rules adopted pursuant to this chapter;	10068

(15) Requirements for the training of administrators and	10069
child-care staff members in first aid, in prevention, recognition,	10070
and management of communicable diseases, and in child abuse	10071
recognition and prevention. Training requirements for child	10072
day-care centers adopted under this division shall be consistent	10073
with divisions (B)(6) and (C)(1) of this section.	10074

(16) Standards providing for the special needs of children	10075
who are handicapped or who require treatment for health conditions	10076
while the child is receiving child care or publicly funded child	10077
care in the center;	10078

(17) A procedure for reporting of injuries of children that	10079
occur at the center;	10080

(18) Any other procedures and standards necessary to carry	10081
out this chapter.	10082

(B)(1) The child day-care center shall have, for each child	10083
for whom the center is licensed, at least thirty-five square feet	10084
of usable indoor floor space wall-to-wall regularly available for	10085
the child care operation exclusive of any parts of the structure	10086
in which the care of children is prohibited by law or by rules	10087
adopted by the board of building standards. The minimum of	10088
thirty-five square feet of usable indoor floor space shall not	10089
include hallways, kitchens, storage areas, or any other areas that	10090
are not available for the care of children, as determined by the	10091
director, in meeting the space requirement of this division, and	10092
bathrooms shall be counted in determining square footage only if	10093
they are used exclusively by children enrolled in the center,	10094
except that the exclusion of hallways, kitchens, storage areas,	10095
bathrooms not used exclusively by children enrolled in the center,	10096
and any other areas not available for the care of children from	10097
the minimum of thirty-five square feet of usable indoor floor	10098
space shall not apply to:	10099

(a) Centers licensed prior to or on September 1, 1986, that	10100
continue under licensure after that date;	10101

(b) Centers licensed prior to or on September 1, 1986, that	10102
are issued a new license after that date solely due to a change of	10103
ownership of the center.	10104

(2) The child day-care center shall have on the site a safe	10105
outdoor play space which is enclosed by a fence or otherwise	10106
protected from traffic or other hazards. The play space shall	10107
contain not less than sixty square feet per child using such space	10108
at any one time, and shall provide an opportunity for supervised	10109
outdoor play each day in suitable weather. The director may exempt	10110
a center from the requirement of this division, if an outdoor play	10111
space is not available and if all of the following are met:	10112

(a) The center provides an indoor recreation area that has	10113
not less than sixty square feet per child using the space at any	10114
one time, that has a minimum of one thousand four hundred forty	10115
square feet of space, and that is separate from the indoor space	10116
required under division (B)(1) of this section.	10117

(b) The director has determined that there is regularly	10118
available and scheduled for use a conveniently accessible and safe	10119
park, playground, or similar outdoor play area for play or	10120
recreation.	10121

(c) The children are closely supervised during play and while	10122
traveling to and from the area.	10123

The director also shall exempt from the requirement of this	10124
division a child day-care center that was licensed prior to	10125
September 1, 1986, if the center received approval from the	10126
director prior to September 1, 1986, to use a park, playground, or	10127
similar area, not connected with the center, for play or	10128
recreation in lieu of the outdoor space requirements of this	10129
section and if the children are closely supervised both during	10130
play and while traveling to and from the area and except if the	10131
director determines upon investigation and inspection pursuant to	10132
section 5104.04 of the Revised Code and rules adopted pursuant to	10133
that section that the park, playground, or similar area, as well	10134
as access to and from the area, is unsafe for the children.	10135

(3) The child day-care center shall have at least two	10136
responsible adults available on the premises at all times when	10137
seven or more children are in the center. The center shall	10138
organize the children in the center in small groups, shall provide	10139
child-care staff to give continuity of care and supervision to the	10140
children on a day-by-day basis, and shall ensure that no child is	10141
left alone or unsupervised. Except as otherwise provided in	10142
division (E) of this section, the maximum number of children per	10143
child-care staff member and maximum group size, by age category of	10144
children, are as follows:	10145

	Maximum Number of		10146
	Children Per	Maximum	10147
Age Category	Child-Care	Group	10148
of Children	Staff Member	Size	10149
(a) Infants:			10150
(i) Less than twelve			10151
months old	5:1, or		10152
	12:2 if two		10153
	child-care		10154
	staff members		10155
	are in the room	12	10156
(ii) At least twelve			10157
months old, but			10158
less than eighteen			10159
months old	6:1	12	10160
(b) Toddlers:			10161
(i) At least eighteen			10162
months old, but			10163
less than thirty			10164
months old	7:1	14	10165
(ii) At least thirty months			10166
old, but less than			10167
three years old	8:1	16	10168
(c) ~~Preschool~~ Preschool-age			10169
children:			10170
(i) Three years old	12:1	24	10171
(ii) Four years old and			10172
five years old who			10173
are not school			10174
children	14:1	28	10175
(d) ~~School~~ School-age children:			10176
(i) A child who is			10177
enrolled in or is			10178
eligible to be			10179
enrolled in a grade			10180
of kindergarten			10181
or above, but			10182
is less than			10183
eleven years old	18:1	36	10184
(ii) Eleven through fourteen			10185
years old	20:1	40	10186

Except as otherwise provided in division (E) of this section,	10187
the maximum number of children per child-care staff member and	10188
maximum group size requirements of the younger age group shall	10189
apply when age groups are combined.	10190

~~(4)(a) The child day-care center administrator shall show the~~	10191
~~director both of the following:~~	10192

~~(i) Evidence of at least high school graduation or~~	10193
~~certification of high school equivalency by the state board of~~	10194
~~education or the appropriate agency of another state;~~	10195

~~(ii) Evidence of having completed at least two years of~~	10196
~~training in an accredited college, university, or technical~~	10197
~~college, including courses in child development or early childhood~~	10198
~~education, at least two years of experience in supervising and~~	10199
~~giving daily care to children attending an organized group~~	10200
~~program, or the equivalent based on a designation as an "early~~	10201
~~childhood professional level three" under the career pathways~~	10202
~~model of the quality-rating program established under section~~	10203
~~5104.30 of the Revised Code.~~	10204

~~(b) In addition to the requirements of division (B)(4)(a) of~~	10205
~~this section and except as provided in division (B)(4)(c) of this~~	10206
~~section, any administrator employed or designated as such prior to~~	10207
~~the effective date of this section, as amended, shall show~~	10208
~~evidence of at least one of the following within six years after~~	10209
~~the date of employment or designation:~~	10210

~~(i) Two years of experience working as a child-care staff~~	10211
~~member in a center and at least four courses in child development~~	10212
~~or early childhood education from an accredited college,~~	10213
~~university, or technical college, except that a person who has two~~	10214
~~years of experience working as a child-care staff member in a~~	10215
~~particular center and who has been promoted to or designated as~~	10216
~~administrator of that center shall have one year from the time the~~	10217
~~person was promoted to or designated as administrator to complete~~	10218
~~the required four courses;~~	10219

~~(ii) Two years of training, including at least four courses~~	10220
~~in child development or early childhood education from an~~	10221
~~accredited college, university, or technical college;~~	10222

~~(iii) A child development associate credential issued by the~~	10223
~~national child development associate credentialing commission;~~	10224

~~(iv) An associate or higher degree in child development or~~	10225
~~early childhood education from an accredited college, technical~~	10226
~~college, or university, or a license designated for teaching in an~~	10227
~~associate teaching position in a preschool setting issued by the~~	10228
~~state board of education.~~	10229

~~(c) For the purposes of division (B)(4)(b) of this section,~~	10230
~~any administrator employed or designated as such prior to the~~	10231
~~effective date of this section, as amended, may also show evidence~~	10232
~~of an administrator's credential as approved by the department of~~	10233
~~job and family services in lieu of, or in addition to, the~~	10234
~~evidence required under division (B)(4)(b) of this section. The~~	10235
~~evidence of an administrator's credential must be shown to the~~	10236
~~director not later than one year after the date of employment or~~	10237
~~designation.~~	10238

~~(d) In addition to the requirements of division (B)(4)(a) of~~	10239
~~this section, any administrator employed or designated as such on~~	10240
~~or after the effective date of this section, as amended, shall~~	10241
~~show evidence of at least one of the following not later than one~~	10242
~~year after the date of employment or designation:~~	10243

~~(i) Two years of experience working as a child-care staff~~	10244
~~member in a center and at least four courses in child development~~	10245
~~or early childhood education from an accredited college,~~	10246
~~university, or technical college, except that a person who has two~~	10247
~~years of experience working as a child-care staff member in a~~	10248
~~particular center and who has been promoted to or designated as~~	10249
~~administrator of that center shall have one year from the time the~~	10250
~~person was promoted to or designated as administrator to complete~~	10251
~~the required four courses;~~	10252

~~(ii) Two years of training, including at least four courses~~	10253
~~in child development or early childhood education from an~~	10254
~~accredited college, university, or technical college;~~	10255

~~(iii) A child development associate credential issued by the~~	10256
~~national child development associate credentialing commission;~~	10257

~~(iv) An associate or higher degree in child development or~~	10258
~~early childhood education from an accredited college, technical~~	10259
~~college, or university, or a license designated for teaching in an~~	10260
~~associate teaching position in a preschool setting issued by the~~	10261
~~state board of education;~~	10262

~~(v) An administrator's credential as approved by the~~	10263
~~department of job and family services.~~	10264

~~(5) All child-care staff members of a child day-care center~~	10265
~~shall be at least eighteen years of age, and shall furnish the~~	10266
~~director evidence of at least high school graduation or~~	10267
~~certification of high school equivalency by the state board of~~	10268
~~education or the appropriate agency of another state or evidence~~	10269
~~of completion of a training program approved by the department of~~	10270
~~job and family services or state board of education, except as~~	10271
~~follows:~~	10272

~~(a) A child-care staff member may be less than eighteen years~~	10273
~~of age if the staff member is either of the following:~~	10274

~~(i) A graduate of a two-year vocational child-care training~~	10275
~~program approved by the state board of education;~~	10276

~~(ii) A student enrolled in the second year of a vocational~~	10277
~~child-care training program approved by the state board of~~	10278
~~education which leads to high school graduation, provided that the~~	10279
~~student performs the student's duties in the child day-care center~~	10280
~~under the continuous supervision of an experienced child-care~~	10281
~~staff member, receives periodic supervision from the vocational~~	10282
~~child-care training program teacher-coordinator in the student's~~	10283
~~high school, and meets all other requirements of this chapter and~~	10284
~~rules adopted pursuant to this chapter.~~	10285

~~(b) A child-care staff member shall be exempt from the~~	10286
~~educational requirements of this division if the staff member:~~	10287

~~(i) Prior to January 1, 1972, was employed or designated by a~~	10288
~~child day-care center and has been continuously employed since~~	10289
~~either by the same child day-care center employer or at the same~~	10290
~~child day-care center;~~	10291

~~(ii) Is a student enrolled in the second year of a vocational~~	10292
~~child-care training program approved by the state board of~~	10293
~~education which leads to high school graduation, provided that the~~	10294
~~student performs the student's duties in the child day-care center~~	10295
~~under the continuous supervision of an experienced child-care~~	10296
~~staff member, receives periodic supervision from the vocational~~	10297
~~child-care training program teacher-coordinator in the student's~~	10298
~~high school, and meets all other requirements of this chapter and~~	10299
~~rules adopted pursuant to this chapter;~~	10300

~~(iii) Is receiving or has completed the final year of~~	10301
~~instruction at home as authorized under section 3321.04 of the~~	10302
~~Revised Code or has graduated from a nonchartered, nonpublic~~	10303
~~school in Ohio.~~	10304

~~(6) Every child care staff member of a child day-care center~~	10305
~~annually shall complete fifteen hours of inservice training in~~	10306
~~child development or early childhood education, child abuse~~	10307
~~recognition and prevention, first aid, and in prevention,~~	10308
~~recognition, and management of communicable diseases, until a~~	10309
~~total of forty-five hours of training has been completed, unless~~	10310
~~the staff member furnishes one of the following to the director:~~	10311

~~(a) Evidence of an associate or higher degree in child~~	10312
~~development or early childhood education from an accredited~~	10313
~~college, university, or technical college;~~	10314

~~(b) A license designated for teaching in an associate~~	10315
~~teaching position in a preschool setting issued by the state board~~	10316
~~of education;~~	10317

~~(c) Evidence of a child development associate credential;~~

10318

~~(d) Evidence of a preprimary credential from the American~~	10319
~~Montessori society or the association Montessori internationale.~~	10320
~~For the purposes of division (B)(6) of this section, "hour" means~~	10321
~~sixty minutes.~~	10322

(C)(1) Each child day-care center shall have on the center	10323
premises and readily available at all times at least one	10324
child-care staff member who has completed a course in first aid,	10325
one staff member who has completed a course in prevention,	10326
recognition, and management of communicable diseases which is	10327
approved by the state department of health, and a staff member who	10328
has completed a course in child abuse recognition and prevention	10329
training which is approved by the department of job and family	10330
services.	10331

(2) The administrator of each child day-care center shall	10332
maintain enrollment, health, and attendance records for all	10333
children attending the center and health and employment records	10334
for all center employees. The records shall be confidential,	10335
except that they shall be disclosed by the administrator to the	10336
director upon request for the purpose of administering and	10337
enforcing this chapter and rules adopted pursuant to this chapter.	10338
Neither the center nor the licensee, administrator, or employees	10339
of the center shall be civilly or criminally liable in damages or	10340
otherwise for records disclosed to the director by the	10341
administrator pursuant to this division. It shall be a defense to	10342
any civil or criminal charge based upon records disclosed by the	10343
administrator to the director that the records were disclosed	10344
pursuant to this division.	10345

(3)(a) Any parent who is the residential parent and legal	10346
custodian of a child enrolled in a child day-care center and any	10347
custodian or guardian of such a child shall be permitted unlimited	10348
access to the center during its hours of operation for the	10349
purposes of contacting their children, evaluating the care	10350
provided by the center, evaluating the premises of the center, or	10351
for other purposes approved by the director. A parent of a child	10352
enrolled in a child day-care center who is not the child's	10353
residential parent shall be permitted unlimited access to the	10354
center during its hours of operation for those purposes under the	10355
same terms and conditions under which the residential parent of	10356
that child is permitted access to the center for those purposes.	10357
However, the access of the parent who is not the residential	10358
parent is subject to any agreement between the parents and, to the	10359
extent described in division (C)(3)(b) of this section, is subject	10360
to any terms and conditions limiting the right of access of the	10361
parent who is not the residential parent, as described in division	10362
(I) of section 3109.051 of the Revised Code, that are contained in	10363
a parenting time order or decree issued under that section,	10364
section 3109.12 of the Revised Code, or any other provision of the	10365
Revised Code.	10366

(b) If a parent who is the residential parent of a child has	10367
presented the administrator or the administrator's designee with a	10368
copy of a parenting time order that limits the terms and	10369
conditions under which the parent who is not the residential	10370
parent is to have access to the center, as described in division	10371
(I) of section 3109.051 of the Revised Code, the parent who is not	10372
the residential parent shall be provided access to the center only	10373
to the extent authorized in the order. If the residential parent	10374
has presented such an order, the parent who is not the residential	10375
parent shall be permitted access to the center only in accordance	10376
with the most recent order that has been presented to the	10377
administrator or the administrator's designee by the residential	10378
parent or the parent who is not the residential parent.	10379

(c) Upon entering the premises pursuant to division (C)(3)(a)	10380
or (b) of this section, the parent who is the residential parent	10381
and legal custodian, the parent who is not the residential parent,	10382
or the custodian or guardian shall notify the administrator or the	10383
administrator's designee of the parent's, custodian's, or	10384
guardian's presence.	10385

(D) The director of job and family services, in addition to	10386
the rules adopted under division (A) of this section, shall adopt	10387
rules establishing minimum requirements for child day-care	10388
centers. The rules shall include, but not be limited to, the	10389
requirements set forth in divisions (B) and (C) of this section	10390
and sections 5104.031, 5104.032, and 5104.033 of the Revised Code.	10391
Except as provided in section 5104.07 of the Revised Code, the	10392
rules shall not change the square footage requirements of division	10393
(B)(1) or (2) of this section; the maximum number of children per	10394
child-care staff member and maximum group size requirements of	10395
division (B)(3) of this section; the educational and experience	10396
requirements of ~~division (B)(4) of this~~ section 5104.031 of the	10397
Revised Code; the age, educational, and experience requirements of	10398
~~division (B)(5) of this~~ section 5104.032 of the Revised Code; the	10399
number and type of inservice training hours required under	10400
~~division (B)(6) of this~~ section 5104.033 of the Revised Code;	10401
however, the rules shall provide procedures for determining	10402
compliance with those requirements.	10403

(E)(1) When age groups are combined, the maximum number of	10404
children per child-care staff member shall be determined by the	10405
age of the youngest child in the group, except that when no more	10406
than one child thirty months of age or older receives services in	10407
a group in which all the other children are in the next older age	10408
group, the maximum number of children per child-care staff member	10409
and maximum group size requirements of the older age group	10410
established under division (B)(3) of this section shall apply.	10411

(2) The maximum number of toddlers or ~~preschool~~preschool-age	10412
children per child-care staff member in a room where children are	10413
napping shall be twice the maximum number of children per	10414
child-care staff member established under division (B)(3) of this	10415
section if all the following criteria are met:	10416

(a) At least one child-care staff member is present in the	10417
room.	10418

(b) Sufficient child-care staff members are on the child	10419
day-care center premises to meet the maximum number of children	10420
per child-care staff member requirements established under	10421
division (B)(3) of this section.	10422

(c) Naptime preparations are complete and all napping	10423
children are resting or sleeping on cots.	10424

(d) The maximum number established under division (E)(2) of	10425
this section is in effect for no more than two hours during a	10426
twenty-four-hour day.	10427

(F) The director of job and family services shall adopt rules	10428
pursuant to Chapter 119. of the Revised Code governing the	10429
operation of type A family day-care homes, including, but not	10430
limited to, parent cooperative type A homes, part-time type A	10431
homes, drop-in type A homes, and ~~school~~school-age child type A	10432
homes, which shall reflect the various forms of child care and the	10433
needs of children receiving child care. The rules shall include	10434
the following:	10435

(1) Submission of a site plan and descriptive plan of	10436
operation to demonstrate how the type A home proposes to meet the	10437
requirements of this chapter and rules adopted pursuant to this	10438
chapter for the initial license application;	10439

(2) Standards for ensuring that the physical surroundings of	10440
the type A home are safe and sanitary, including, but not limited	10441
to, the physical environment, the physical plant, and the	10442
equipment of the type A home;	10443

(3) Standards for the supervision, care, and discipline of	10444
children receiving child care or publicly funded child care in the	10445
type A home;	10446

(4) Standards for a program of activities, and for play	10447
equipment, materials, and supplies, to enhance the development of	10448
each child; however, any educational curricula, philosophies, and	10449
methodologies that are developmentally appropriate and that	10450
enhance the social, emotional, intellectual, and physical	10451
development of each child shall be permissible;	10452

(5) Admissions policies and procedures, health care policies	10453
and procedures, including, but not limited to, procedures for the	10454
isolation of children with communicable diseases, first aid and	10455
emergency procedures, procedures for discipline and supervision of	10456
children, standards for the provision of nutritious meals and	10457
snacks, and procedures for screening children and employees,	10458
including, but not limited to, any necessary physical examinations	10459
and immunizations;	10460

(6) Methods for encouraging parental participation in the	10461
type A home and methods for ensuring that the rights of children,	10462
parents, and employees are protected and that the responsibilities	10463
of parents and employees are met;	10464

(7) Procedures for ensuring the safety and adequate	10465
supervision of children traveling off the premises of the type A	10466
home while under the care of a type A home employee;	10467

(8) Procedures for record keeping, organization, and	10468
administration;	10469

(9) Procedures for issuing, denying, and revoking a license	10470
that are not otherwise provided for in Chapter 119. of the Revised	10471
Code;	10472

(10) Inspection procedures;

10473

(11) Procedures and standards for setting initial license	10474
application fees;	10475

(12) Procedures for receiving, recording, and responding to	10476
complaints about type A homes;	10477

(13) Procedures for enforcing section 5104.04 of the Revised	10478
Code;	10479

(14) A standard requiring the inclusion, on or after July 1,	10480
1987, of a current department of job and family services toll-free	10481
telephone number on each type A home provisional license or	10482
license which any person may use to report a suspected violation	10483
by the type A home of this chapter or rules adopted pursuant to	10484
this chapter;	10485

(15) Requirements for the training of administrators and	10486
child-care staff members in first aid, in prevention, recognition,	10487
and management of communicable diseases, and in child abuse	10488
recognition and prevention;	10489

(16) Standards providing for the special needs of children	10490
who are handicapped or who require treatment for health conditions	10491
while the child is receiving child care or publicly funded child	10492
care in the type A home;	10493

(17) Standards for the maximum number of children per	10494
child-care staff member;	10495

(18) Requirements for the amount of usable indoor floor space	10496
for each child;	10497

(19) Requirements for safe outdoor play space;

10498

(20) Qualifications and training requirements for	10499
administrators and for child-care staff members;	10500

(21) Procedures for granting a parent who is the residential	10501
parent and legal custodian, or a custodian or guardian access to	10502
the type A home during its hours of operation;	10503

(22) Standards for the preparation and distribution of a	10504
roster of parents, custodians, and guardians;	10505

(23) Any other procedures and standards necessary to carry	10506
out this chapter.	10507

(G) The director of job and family services shall adopt rules	10508
pursuant to Chapter 119. of the Revised Code governing the	10509
certification of type B family day-care homes.	10510

(1) The rules shall include all of the following:

10511

(a) Procedures, standards, and other necessary provisions for	10512
granting limited certification to type B family day-care homes	10513
that are operated by the following adult providers:	10514

(i) Persons who provide child care for eligible children who	10515
are great-grandchildren, grandchildren, nieces, nephews, or	10516
siblings of the provider or for eligible children whose caretaker	10517
parent is a grandchild, child, niece, nephew, or sibling of the	10518
provider;	10519

(ii) Persons who provide child care for eligible children all	10520
of whom are the children of the same caretaker parent;	10521

(b) Procedures for the director to ensure, that type B homes	10522
that receive a limited certification provide child care to	10523
children in a safe and sanitary manner;	10524

(c) Requirements for the type B home to notify parents with	10525
children in the type B home that the type B home is also certified	10526
as a foster home under section 5103.03 of the Revised Code.	10527

With regard to providers who apply for limited certification,	10528
a provider shall be granted a provisional limited certification on	10529
signing a declaration under oath attesting that the provider meets	10530
the standards for limited certification. Such provisional limited	10531
certifications shall remain in effect for no more than sixty	10532
calendar days and shall entitle the provider to offer publicly	10533
funded child care during the provisional period. Except as	10534
otherwise provided in division (G)(1) of this section, section	10535
5104.013 or 5104.09 of the Revised Code, or division (A)(2) of	10536
section 5104.11 of the Revised Code, prior to the expiration of	10537
the provisional limited certificate, a county department of job	10538
and family services shall inspect the home and shall grant limited	10539
certification to the provider if the provider meets the	10540
requirements of this division. Limited certificates remain valid	10541
for two years unless earlier revoked. Except as otherwise provided	10542
in division (G)(1) of this section, providers operating under	10543
limited certification shall be inspected annually.	10544

If a provider is a person described in division (G)(1)(a)(i)	10545
of this section or a person described in division (G)(1)(a)(ii) of	10546
this section who is a friend of the caretaker parent, the provider	10547
and the caretaker parent may verify in writing to the county	10548
department of job and family services that minimum health and	10549
safety requirements are being met in the home. Except as otherwise	10550
provided in section 5104.013 or 5104.09 or in division (A)(2) of	10551
section 5104.11 of the Revised Code, if such verification is	10552
provided, the county shall waive any inspection required by this	10553
chapter and grant limited certification to the provider.	10554

(2) The rules shall provide for safeguarding the health,	10555
safety, and welfare of children receiving child care or publicly	10556
funded child care in a certified type B home and shall include the	10557
following:	10558

(a) Standards for ensuring that the type B home and the	10559
physical surroundings of the type B home are safe and sanitary,	10560
including, but not limited to, physical environment, physical	10561
plant, and equipment;	10562

(b) Standards for the supervision, care, and discipline of	10563
children receiving child care or publicly funded child care in the	10564
home;	10565

(c) Standards for a program of activities, and for play	10566
equipment, materials, and supplies to enhance the development of	10567
each child; however, any educational curricula, philosophies, and	10568
methodologies that are developmentally appropriate and that	10569
enhance the social, emotional, intellectual, and physical	10570
development of each child shall be permissible;	10571

(d) Admission policies and procedures, health care, first aid	10572
and emergency procedures, procedures for the care of sick	10573
children, procedures for discipline and supervision of children,	10574
nutritional standards, and procedures for screening children and	10575
authorized providers, including, but not limited to, any necessary	10576
physical examinations and immunizations;	10577

(e) Methods of encouraging parental participation and	10578
ensuring that the rights of children, parents, and authorized	10579
providers are protected and the responsibilities of parents and	10580
authorized providers are met;	10581

(f) Standards for the safe transport of children when under	10582
the care of authorized providers;	10583

(g) Procedures for issuing, renewing, denying, refusing to	10584
renew, or revoking certificates;	10585

(h) Procedures for the inspection of type B homes that	10586
require, at a minimum, that each type B home be inspected prior to	10587
certification to ensure that the home is safe and sanitary;	10588

(i) Procedures for record keeping and evaluation;

10589

(j) Procedures for receiving, recording, and responding to	10590
complaints;	10591

(k) Standards providing for the special needs of children who	10592
are handicapped or who receive treatment for health conditions	10593
while the child is receiving child care or publicly funded child	10594
care in the type B home;	10595

(l) Requirements for the amount of usable indoor floor space	10596
for each child;	10597

(m) Requirements for safe outdoor play space;

10598

(n) Qualification and training requirements for authorized	10599
providers;	10600

(o) Procedures for granting a parent who is the residential	10601
parent and legal custodian, or a custodian or guardian access to	10602
the type B home during its hours of operation;	10603

(p) Requirements for the type B home to notify parents with	10604
children in the type B home that the type B home is also certified	10605
as a foster home under section 5103.03 of the Revised Code;	10606

(q) Any other procedures and standards necessary to carry out	10607
this chapter.	10608

(H) The director shall adopt rules pursuant to Chapter 119.	10609
of the Revised Code governing the certification of in-home aides.	10610
The rules shall include procedures, standards, and other necessary	10611
provisions for granting limited certification to in-home aides who	10612
provide child care for eligible children who are	10613
great-grandchildren, grandchildren, nieces, nephews, or siblings	10614
of the in-home aide or for eligible children whose caretaker	10615
parent is a grandchild, child, niece, nephew, or sibling of the	10616
in-home aide. The rules shall require, and shall include	10617
procedures for the director to ensure, that in-home aides that	10618
receive a limited certification provide child care to children in	10619
a safe and sanitary manner. The rules shall provide for	10620
safeguarding the health, safety, and welfare of children receiving	10621
publicly funded child care in their own home and shall include the	10622
following:	10623

(1) Standards for ensuring that the child's home and the	10624
physical surroundings of the child's home are safe and sanitary,	10625
including, but not limited to, physical environment, physical	10626
plant, and equipment;	10627

(2) Standards for the supervision, care, and discipline of	10628
children receiving publicly funded child care in their own home;	10629

(3) Standards for a program of activities, and for play	10630
equipment, materials, and supplies to enhance the development of	10631
each child; however, any educational curricula, philosophies, and	10632
methodologies that are developmentally appropriate and that	10633
enhance the social, emotional, intellectual, and physical	10634
development of each child shall be permissible;	10635

(4) Health care, first aid, and emergency procedures,	10636
procedures for the care of sick children, procedures for	10637
discipline and supervision of children, nutritional standards, and	10638
procedures for screening children and in-home aides, including,	10639
but not limited to, any necessary physical examinations and	10640
immunizations;	10641

(5) Methods of encouraging parental participation and	10642
ensuring that the rights of children, parents, and in-home aides	10643
are protected and the responsibilities of parents and in-home	10644
aides are met;	10645

(6) Standards for the safe transport of children when under	10646
the care of in-home aides;	10647

(7) Procedures for issuing, renewing, denying, refusing to	10648
renew, or revoking certificates;	10649

(8) Procedures for inspection of homes of children receiving	10650
publicly funded child care in their own homes;	10651

(9) Procedures for record keeping and evaluation;

10652

(10) Procedures for receiving, recording, and responding to	10653
complaints;	10654

(11) Qualifications and training requirements for in-home	10655
aides;	10656

(12) Standards providing for the special needs of children	10657
who are handicapped or who receive treatment for health conditions	10658
while the child is receiving publicly funded child care in the	10659
child's own home;	10660

(13) Any other procedures and standards necessary to carry	10661
out this chapter.	10662

(I) To the extent that any rules adopted for the purposes of	10663
this section require a health care professional to perform a	10664
physical examination, the rules shall include as a health care	10665
professional a physician assistant, a clinical nurse specialist, a	10666
certified nurse practitioner, or a certified nurse-midwife.	10667

(J)(1) The director of job and family services shall do all	10668
of the following:	10669

(a) Provide or make available in either paper or electronic	10670
form to each licensee notice of proposed rules governing the	10671
licensure of child day-care centers and type A homes;	10672

(b) Give public notice of hearings regarding the rules to	10673
each licensee at least thirty days prior to the date of the public	10674
hearing, in accordance with section 119.03 of the Revised Code;	10675

(c) At least thirty days before the effective date of a rule,	10676
provide, in either paper or electronic form, a copy of the adopted	10677
rule to each licensee.	10678

(2) The director shall do all of the following:

10679

(a) Send to each county director of job and family services a	10680
notice of proposed rules governing the certification of type B	10681
family homes and in-home aides that includes an internet web site	10682
address where the proposed rules can be viewed;	10683

(b) Give public notice of hearings regarding the proposed	10684
rules not less than thirty days in advance;	10685

(c) Provide to each county director of job and family	10686
services an electronic copy of each adopted rule at least	10687
forty-five days prior to the rule's effective date.	10688

(3) The county director of job and family services shall	10689
provide or make available in either paper or electronic form to	10690
each authorized provider and in-home aide copies of proposed rules	10691
and shall give public notice of hearings regarding the rules to	10692
each authorized provider and in-home aide at least thirty days	10693
prior to the date of the public hearing, in accordance with	10694
section 119.03 of the Revised Code. At least thirty days before	10695
the effective date of a rule, the county director of job and	10696
family services shall provide, in either paper or electronic form,	10697
copies of the adopted rule to each authorized provider and in-home	10698
aide.	10699

(4) Additional copies of proposed and adopted rules shall be	10700
made available by the director of job and family services to the	10701
public on request at no charge.	10702

(5) The director of job and family services may adopt rules	10703
pursuant to Chapter 119. of the Revised Code for imposing	10704
sanctions on persons and entities that are licensed or certified	10705
under this chapter. Sanctions may be imposed only for an action or	10706
omission that constitutes a serious risk noncompliance. The	10707
sanctions imposed shall be based on the scope and severity of the	10708
violations.	10709

The director shall make a dispute resolution process	10710
available for the implementation of sanctions. The process may	10711
include an opportunity for appeal pursuant to Chapter 119. of the	10712
Revised Code.	10713

(6) The director of job and family services shall adopt rules	10714
pursuant to Chapter 119. of the Revised Code that establish	10715
standards for the training of individuals whom any county	10716
department of job and family services employs, with whom any	10717
county department of job and family services contracts, or with	10718
whom the director of job and family services contracts, to inspect	10719
or investigate type B family day-care homes pursuant to section	10720
5104.11 of the Revised Code. The department shall provide training	10721
in accordance with those standards for individuals in the	10722
categories described in this division.	10723

(K) The director of job and family services shall review all	10724
rules adopted pursuant to this chapter at least once every seven	10725
years.	10726

(L) Notwithstanding any provision of the Revised Code, the	10727
director of job and family services shall not regulate in any way	10728
under this chapter or rules adopted pursuant to this chapter,	10729
instruction in religious or moral doctrines, beliefs, or values.	10730

Sec. 5104.02. (A) The director of job and family services is	10731
responsible for the licensing of child day-care centers and type A	10732
family day-care homes. Each entity operating a head start program	10733
shall meet the criteria for, and be licensed as, a child day-care	10734
center. The director is responsible for the enforcement of this	10735
chapter and of rules promulgated pursuant to this chapter.	10736

No person, firm, organization, institution, or agency shall	10737
operate, establish, manage, conduct, or maintain a child day-care	10738
center or type A family day-care home without a license issued	10739
under section 5104.03 of the Revised Code. The current license	10740
shall be posted in a conspicuous place in the center or type A	10741
home that is accessible to parents, custodians, or guardians and	10742
employees of the center or type A home at all times when the	10743
center or type A home is in operation.	10744

(B) A person, firm, institution, organization, or agency	10745
operating any of the following programs is exempt from the	10746
requirements of this chapter:	10747

(1) A program of child care that operates for two or less	10748
consecutive weeks;	10749

(2) Child care in places of worship during religious	10750
activities during which children are cared for while at least one	10751
parent, guardian, or custodian of each child is participating in	10752
such activities and is readily available;	10753

(3) Religious activities which do not provide child care;

10754

(4) Supervised training, instruction, or activities of	10755
children in specific areas, including, but not limited to: art;	10756
drama; dance; music; gymnastics, swimming, or another athletic	10757
skill or sport; computers; or an educational subject conducted on	10758
an organized or periodic basis no more than one day a week and for	10759
no more than six hours duration;	10760

(5) Programs in which the director determines that at least	10761
one parent, custodian, or guardian of each child is on the	10762
premises of the facility offering child care and is readily	10763
accessible at all times, except that child care provided on the	10764
premises at which a parent, custodian, or guardian is employed	10765
more than two and one-half hours a day shall be licensed in	10766
accordance with division (A) of this section;	10767

(6)(a) Programs that provide child care funded and regulated	10768
or operated and regulated by state departments other than the	10769
department of job and family services or the state board of	10770
education when the director of job and family services has	10771
determined that the rules governing the program are equivalent to	10772
or exceed the rules promulgated pursuant to this chapter.	10773

Notwithstanding any exemption from regulation under this	10774
chapter, each state department shall submit to the director of job	10775
and family services a copy of the rules that govern programs that	10776
provide child care and are regulated or operated and regulated by	10777
the department. Annually, each state department shall submit to	10778
the director a report for each such program it regulates or	10779
operates and regulates that includes the following information:	10780

(i) The site location of the program;

10781

(ii) The maximum number of infants, toddlers, ~~preschool~~	10782
preschool-age children, or ~~school~~school-age children served by	10783
the program at one time;	10784

(iii) The number of adults providing child care for the	10785
number of infants, toddlers, ~~preschool~~preschool-age children, or	10786
~~school~~school-age children;	10787

(iv) Any changes in the rules made subsequent to the time	10788
when the rules were initially submitted to the director.	10789

The director shall maintain a record of the child care	10790
information submitted by other state departments and shall provide	10791
this information upon request to the general assembly or the	10792
public.	10793

(b) Child care programs conducted by boards of education or	10794
by chartered nonpublic schools that are conducted in school	10795
buildings and that provide child care to ~~school~~school-age	10796
children only shall be exempt from meeting or exceeding rules	10797
promulgated pursuant to this chapter.	10798

(7) Any preschool program or school child program, except a	10799
head start program, that is subject to licensure by the department	10800
of education under sections 3301.52 to 3301.59 of the Revised	10801
Code.	10802

(8) Any program providing child care that meets all of the	10803
following requirements and, on October 20, 1987, was being	10804
operated by a nonpublic school that holds a charter issued by the	10805
state board of education for kindergarten only:	10806

(a) The nonpublic school has given the notice to the state	10807
board and the director of job and family services required by	10808
Section 4 of Substitute House Bill No. 253 of the 117th general	10809
assembly;	10810

(b) The nonpublic school continues to be chartered by the	10811
state board for kindergarten, or receives and continues to hold a	10812
charter from the state board for kindergarten through grade five;	10813

10814

(d) The program is operated in accordance with rules	10815
promulgated by the state board under sections 3301.52 to 3301.57	10816
of the Revised Code.	10817

(9) A youth development program operated outside of school	10818
hours by a community-based center to which all of the following	10819
apply:	10820

(a) The children enrolled in the program are under nineteen	10821
years of age and enrolled in or eligible to be enrolled in a grade	10822
of kindergarten or above.	10823

(b) The program provides informal child care and at least two	10824
of the following supervised activities: educational, recreational,	10825
culturally enriching, social, and personal development activities.	10826

(c) The program is eligible for participation in the child	10827
and adult care food program as an outside-school-hours care center	10828
pursuant to standards established under section 3313.813 of the	10829
Revised Code.	10830

(d) The community-based center operating the program is	10831
exempt from federal income taxation pursuant to 26 U.S.C. 501(a)	10832
and (c)(3).	10833

Sec. 5104.031. (A) A child day-care center administrator	10834
shall show the director of job and family services both of the	10835
following:	10836

(1) Evidence of at least high school graduation or	10837
certification of high school equivalency by the state board of	10838
education or the appropriate agency of another state;	10839

(2) Evidence of having at least one of the following:

10840

(a) An associate, bachelor's, master's, doctoral, or other	10841
postgraduate degree in child development or early childhood	10842
education, or in a related field approved by the director, from an	10843
accredited college, university, or technical college;	10844

(b) A license designated as appropriate for teaching in an	10845
associate teaching position in a preschool setting issued by the	10846
state board of education pursuant to section 3319.22 of the	10847
Revised Code;	10848

(c) Designation under the career pathways model as an early	10849
childhood professional level three;	10850

(d) Two years of experience working as a child-care staff	10851
member in a licensed child care program, designation under the	10852
career pathways model as an early childhood professional level	10853
one, and, not later than one year after being named as	10854
administrator, designation under the career pathways model as an	10855
early childhood professional level two;	10856

(e) Two years of experience working as a child-care staff	10857
member in a licensed child care program and, except as provided in	10858
division (B) of this section, at least four courses in child	10859
development or early childhood education from an accredited	10860
college, university, or technical college;	10861

(f) Two years of experience working as a child-care staff	10862
member in a licensed child care program and a child development	10863
associate credential issued by the council for professional	10864
recognition;	10865

(g) Two years of training, including at least four courses in	10866
child development or early childhood education from an accredited	10867
college, university, or technical college;	10868

(h) An infant and toddler or early childhood credential from	10869
a program accredited by the Montessori accreditation council for	10870
teacher education.	10871

(B) A person who has two years of experience working as a	10872
child-care staff member in a child day-care center and is promoted	10873
to or designated as administrator of that center shall have one	10874
year from the date of the promotion or designation to complete the	10875
courses required by division (A)(1)(e) of this section.	10876

Sec. 5104.032. (A) All child-care staff members of a child	10877
day-care center shall be at least eighteen years of age, and shall	10878
furnish the director of job and family services evidence of at	10879
least high school graduation or certification of high school	10880
equivalency by the state board of education or the appropriate	10881
agency of another state or evidence of completion of a training	10882
program approved by the department of job and family services or	10883
state board of education, except as follows:	10884

(B) A child-care staff member may be less than eighteen years	10885
of age if the staff member is either of the following:	10886

(1) A graduate of a two-year vocational child-care training	10887
program approved by the state board of education;	10888

(2) A student enrolled in the second year of a vocational	10889
child-care training program approved by the state board of	10890
education which leads to high school graduation, provided that the	10891
student performs the student's duties in the child day-care center	10892
under the continuous supervision of an experienced child-care	10893
staff member, receives periodic supervision from the vocational	10894
child-care training program teacher-coordinator in the student's	10895
high school, and meets all other requirements of this chapter and	10896
rules adopted pursuant to this chapter.	10897

(C) A child-care staff member shall be exempt from the	10898
educational requirements of division (A) of this section if the	10899
staff member:	10900

(1) Prior to January 1, 1972, was employed or designated by a	10901
child day-care center and has been continuously employed since	10902
either by the same child day-care center employer or at the same	10903
child day-care center;	10904

(2) Is a student enrolled in the second year of a vocational	10905
child-care training program approved by the state board of	10906
education which leads to high school graduation, provided that the	10907
student performs the student's duties in the child day-care center	10908
under the continuous supervision of an experienced child-care	10909
staff member, receives periodic supervision from the vocational	10910
child-care training program teacher-coordinator in the student's	10911
high school, and meets all other requirements of this chapter and	10912
rules adopted pursuant to this chapter;	10913

(3) Is receiving or has completed the final year of	10914
instruction at home as authorized under section 3321.04 of the	10915
Revised Code or has graduated from a nonchartered, nonpublic	10916
school in Ohio.	10917

Sec. 5104.033. (A) Except as provided in division (B) of	10918
this section, each child-care staff member of a child day-care	10919
center annually shall complete fifteen hours of inservice training	10920
that includes the following subjects until the staff member has	10921
completed a total of forty-five hours of training:	10922

(1) Child development or early childhood education;

10923

(2) Child abuse recognition and prevention;

10924

(3) First aid;

10925

(4) Prevention, recognition, and management of communicable	10926
diseases.	10927

(B) A child-care staff member is exempt from the inservice	10928
training requirements established by division (A) of this section	10929
if the staff member furnishes one of the following to the director	10930
of job and family services:	10931

(1) Evidence of an associate or higher degree in child	10932
development or early childhood education from an accredited	10933
college, university, or technical college;	10934

(2) A license designated for teaching in an associate	10935
teaching position in a preschool setting issued by the state board	10936
of education;	10937

(3) Evidence of a child development associate credential;

10938

(4) Evidence of an infant and toddler or early childhood	10939
credential from a program accredited by the Montessori	10940
accreditation council for teacher education.	10941

(C) For purposes of this section, each hour of inservice	10942
training shall consist of sixty minutes of training.	10943

Sec. 5104.21. (A) The department of job and family services	10944
shall register child day camps and enforce this section and	10945
section 5104.22 of the Revised Code and the rules adopted pursuant	10946
to those sections. No person, firm, organization, institution, or	10947
agency shall operate a child day camp without annually registering	10948
with the department.	10949

(B) A person, firm, institution, organization, or agency	10950
operating any of the following programs is exempt from the	10951
provisions of this section and section 5104.22 of the Revised	10952
Code:	10953

(1) A child day camp that operates for two or less	10954
consecutive weeks and for no more than a total of two weeks during	10955
each calendar year;	10956

(2) Supervised training, instruction, or activities of	10957
children that is conducted on an organized or periodic basis no	10958
more than one day a week and for no more than six hours' duration	10959
and that is conducted in specific areas, including, but not	10960
limited to, art; drama; dance; music; gymnastics, swimming, or	10961
another athletic skill or sport; computers; or an educational	10962
subject;	10963

(3) Programs in which the department determines that at least	10964
one parent, custodian, or guardian of each child attending or	10965
participating in the child day camp is on the child day camp	10966
activity site and is readily accessible at all times, except that	10967
a child day camp on the premises of a parent's, custodian's, or	10968
guardian's place of employment shall be registered in accordance	10969
with division (A) of this section;	10970

(4) Child day camps funded and regulated or operated and	10971
regulated by any state department, other than the department of	10972
job and family services, when the department of job and family	10973
services has determined that the rules governing the child day	10974
camp are equivalent to or exceed the rules adopted pursuant to	10975
this section and section 5104.22 of the Revised Code.	10976

(C) A person, firm, organization, institution, or agency	10977
operating a child day camp that is exempt under division (B) of	10978
this section from registering under division (A) of this section	10979
may elect to register itself under division (A) of this section.	10980
All requirements of this section and the rules adopted pursuant to	10981
this section shall apply to any exempt child day camp that so	10982
elects to register.	10983

(D) The director of job and family services shall adopt	10984
pursuant to Chapter 119. of the Revised Code rules prescribing the	10985
registration form and establishing the procedure for the child day	10986
camps to register. The form shall not be longer than one	10987
typewritten page and shall state both of the following:	10988

(1) That the child day camp administrator or the	10989
administrator's representative agrees to provide the parents of	10990
each ~~school~~school-age child who attends or participates in that	10991
child day camp with the telephone number of the county department	10992
of health and the public children services agency of the county in	10993
which the child day camp is located;	10994

(2) That the child day camp administrator or the	10995
administrator's representative agrees to permit a public children	10996
services agency or the county department of health to review or	10997
inspect the child day camp if a complaint is made to that	10998
department or any other state department or public children	10999
services agency against that child day camp.	11000

(E) The department may charge a fee to register a child day	11001
camp. The fee for each child day camp shall be twenty-five	11002
dollars. No organization that operates, or owner of, child day	11003
camps shall pay a fee that exceeds two hundred fifty dollars for	11004
all of its child day camps.	11005

(F) If a child day camp that is required to register under	11006
this section fails to register with the department in accordance	11007
with this section or the rules adopted pursuant to it or if a	11008
child day camp that files a registration form under this section	11009
knowingly provides false or misleading information on the	11010
registration form, the department shall require the child day camp	11011
to register or register correctly and to pay a registration fee	11012
that equals three times the registration fee as set forth in	11013
division (E) of this section.	11014

(G) A child day camp administrator or the administrator's	11015
representative shall provide the parents of each ~~school~~school-age	11016
child who attends or participates in that child day camp with the	11017
telephone numbers of the county department of health and the	11018
county public children services agency of the county in which the	11019
child day camp is located and a statement that the parents may use	11020
these telephone numbers to contact or otherwise contact the	11021
departments or agency to make a complaint regarding the child day	11022
camp.	11023

Sec. 5104.30. (A) The department of job and family services	11024
is hereby designated as the state agency responsible for	11025
administration and coordination of federal and state funding for	11026
publicly funded child care in this state. Publicly funded child	11027
care shall be provided to the following:	11028

(1) Recipients of transitional child care as provided under	11029
section 5104.34 of the Revised Code;	11030

(2) Participants in the Ohio works first program established	11031
under Chapter 5107. of the Revised Code;	11032

(3) Individuals who would be participating in the Ohio works	11033
first program if not for a sanction under section 5107.16 of the	11034
Revised Code and who continue to participate in a work activity,	11035
developmental activity, or alternative work activity pursuant to	11036
an assignment under section 5107.42 of the Revised Code;	11037

(4) A family receiving publicly funded child care on October	11038
1, 1997, until the family's income reaches one hundred fifty per	11039
cent of the federal poverty line;	11040

(5) Subject to available funds, other individuals determined	11041
eligible in accordance with rules adopted under section 5104.38 of	11042
the Revised Code.	11043

The department shall apply to the United States department of	11044
health and human services for authority to operate a coordinated	11045
program for publicly funded child care, if the director of job and	11046
family services determines that the application is necessary. For	11047
purposes of this section, the department of job and family	11048
services may enter into agreements with other state agencies that	11049
are involved in regulation or funding of child care. The	11050
department shall consider the special needs of migrant workers	11051
when it administers and coordinates publicly funded child care and	11052
shall develop appropriate procedures for accommodating the needs	11053
of migrant workers for publicly funded child care.	11054

(B) The department of job and family services shall	11055
distribute state and federal funds for publicly funded child care,	11056
including appropriations of state funds for publicly funded child	11057
care and appropriations of federal funds available under the child	11058
care block grant act, Title IV-A, and Title XX. The department may	11059
use any state funds appropriated for publicly funded child care as	11060
the state share required to match any federal funds appropriated	11061
for publicly funded child care.	11062

(C) In the use of federal funds available under the child	11063
care block grant act, all of the following apply:	11064

(1) The department may use the federal funds to hire staff to	11065
prepare any rules required under this chapter and to administer	11066
and coordinate federal and state funding for publicly funded child	11067
care.	11068

(2) Not more than five per cent of the aggregate amount of	11069
the federal funds received for a fiscal year may be expended for	11070
administrative costs.	11071

(3) The department shall allocate and use at least four per	11072
cent of the federal funds for the following:	11073

(a) Activities designed to provide comprehensive consumer	11074
education to parents and the public;	11075

(b) Activities that increase parental choice;

11076

(c) Activities, including child care resource and referral	11077
services, designed to improve the quality, and increase the	11078
supply, of child care;	11079

(d) Establishing a ~~voluntary child day-care center~~	11080
~~quality-rating program~~tiered quality rating and improvement	11081
system in which participation in the program may allow a child	11082
day-care ~~center~~providers to be eligible for grants, technical	11083
assistance, training, or other assistance and become eligible for	11084
unrestricted monetary awards for maintaining a quality rating.	11085

(4) The department shall ensure that the federal funds will	11086
be used only to supplement, and will not be used to supplant,	11087
federal, state, and local funds available on the effective date of	11088
the child care block grant act for publicly funded child care and	11089
related programs. If authorized by rules adopted by the department	11090
pursuant to section 5104.42 of the Revised Code, county	11091
departments of job and family services may purchase child care	11092
from funds obtained through any other means.	11093

(D) The department shall encourage the development of	11094
suitable child care throughout the state, especially in areas with	11095
high concentrations of recipients of public assistance and	11096
families with low incomes. The department shall encourage the	11097
development of suitable child care designed to accommodate the	11098
special needs of migrant workers. On request, the department,	11099
through its employees or contracts with state or community child	11100
care resource and referral service organizations, shall provide	11101
consultation to groups and individuals interested in developing	11102
child care. The department of job and family services may enter	11103
into interagency agreements with the department of education, the	11104
board of regents, the department of development, and other state	11105
agencies and entities whenever the cooperative efforts of the	11106
other state agencies and entities are necessary for the department	11107
of job and family services to fulfill its duties and	11108
responsibilities under this chapter.	11109

The department shall develop and maintain a registry of	11110
persons providing child care. The director shall adopt rules	11111
pursuant to Chapter 119. of the Revised Code establishing	11112
procedures and requirements for the registry's administration.	11113

(E)(1) The director shall adopt rules in accordance with	11114
Chapter 119. of the Revised Code establishing both of the	11115
following:	11116

(a) Reimbursement ceilings for providers of publicly funded	11117
child care not later than the first day of July in each	11118
odd-numbered year;	11119

(b) A procedure for reimbursing and paying providers of	11120
publicly funded child care.	11121

(2) In establishing reimbursement ceilings under division	11122
(E)(1)(a) of this section, the director shall do all of the	11123
following:	11124

(a) Use the information obtained under division (B)(3) of	11125
section 5104.04 of the Revised Code;	11126

(b) Establish an enhanced reimbursement ceiling for providers	11127
who provide child care for caretaker parents who work	11128
nontraditional hours;	11129

(c) For a type B family day-care home provider that has	11130
received limited certification pursuant to rules adopted under	11131
division (G)(1) of section 5104.011 of the Revised Code, establish	11132
a reimbursement ceiling that is the following:	11133

(i) If the provider is a person described in division	11134
(G)(1)(a)(i) of section 5104.011 of the Revised Code, seventy-five	11135
per cent of the reimbursement ceiling that applies to a type B	11136
family day-care home certified by the same county department of	11137
job and family services pursuant to section 5104.11 of the Revised	11138
Code;	11139

(ii) If the provider is a person described in division	11140
(G)(1)(a)(ii) of section 5104.011 of the Revised Code, sixty per	11141
cent of the reimbursement ceiling that applies to a type B family	11142
day-care home certified by the same county department pursuant to	11143
section 5104.11 of the Revised Code.	11144

(d) With regard to the ~~voluntary child day-care center~~	11145
~~quality-rating program~~tiered quality rating and improvement	11146
system established pursuant to division (C)(3)(d) of this section,	11147
do both of the following:	11148

(i) Establish enhanced reimbursement ceilings for child	11149
day-care ~~centers~~providers that participate in the ~~program~~system	11150
and maintain quality ratings under the ~~program~~system;	11151

(ii) ~~Weigh~~In the case of child day-care providers that have	11152
been given access to the system by the department, weigh any	11153
reduction in reimbursement ceilings more heavily against ~~child~~	11154
~~day-care centers~~those providers that do not participate in the	11155
~~program~~system or do not maintain quality ratings under the	11156
~~program~~system.	11157

(3) In establishing reimbursement ceilings under division	11158
(E)(1)(a) of this section, the director may establish different	11159
reimbursement ceilings based on any of the following:	11160

(a) Geographic location of the provider;

11161

(b) Type of care provided;

11162

11163

(d) Special needs of the child served;

11164

(e) Whether the expanded hours of service are provided;

11165

(f) Whether weekend service is provided;

11166

(g) Whether the provider has exceeded the minimum	11167
requirements of state statutes and rules governing child care;	11168

(h) Any other factors the director considers appropriate.

11169

(F) The director shall adopt rules in accordance with Chapter	11170
119. of the Revised Code to implement the ~~voluntary child day-care~~	11171
~~center quality-rating program~~tiered quality rating and	11172
improvement system described in division (C)(3)(d) of this	11173
section.	11174

Sec. 5104.31. (A) Publicly funded child care may be provided	11175
only by the following:	11176

(1) A child day-care center or type A family day-care home,	11177
including a parent cooperative child day-care center or parent	11178
cooperative type A family day-care home, licensed by the	11179
department of job and family services pursuant to section 5104.03	11180
of the Revised Code;	11181

(2) A type B family day-care home certified by the county	11182
department of job and family services pursuant to section 5104.11	11183
of the Revised Code;	11184

(3) A type B family day-care home that has received a limited	11185
certification pursuant to rules adopted under division (G)(1) of	11186
section 5104.011 of the Revised Code;	11187

(4) An in-home aide who has been certified by the county	11188
department of job and family services pursuant to section 5104.12	11189
of the Revised Code;	11190

(5) A child day camp approved pursuant to section 5104.22 of	11191
the Revised Code;	11192

(6) A licensed preschool program;

11193

(7) A licensed school child program;

11194

(8) A border state child care provider, except that a border	11195
state child care provider may provide publicly funded child care	11196
only to an individual who resides in an Ohio county that borders	11197
the state in which the provider is located.	11198

(B) Publicly funded child day-care may be provided in a	11199
child's own home only by an in-home aide.	11200

(C) Beginning July 1, 2020, publicly funded child care may be	11201
provided only by a provider that is rated through the tiered	11202
quality rating and improvement system established pursuant to	11203
section 5104.30 of the Revised Code.	11204

Sec. 5104.34. (A)(1) Each county department of job and	11205
family services shall implement procedures for making	11206
determinations of eligibility for publicly funded child care.	11207
Under those procedures, the eligibility determination for each	11208
applicant shall be made no later than thirty calendar days from	11209
the date the county department receives a completed application	11210
for publicly funded child care. Each applicant shall be notified	11211
promptly of the results of the eligibility determination. An	11212
applicant aggrieved by a decision or delay in making an	11213
eligibility determination may appeal the decision or delay to the	11214
department of job and family services in accordance with section	11215
5101.35 of the Revised Code. The due process rights of applicants	11216
shall be protected.	11217

To the extent permitted by federal law, the county department	11218
may make all determinations of eligibility for publicly funded	11219
child care, may contract with child care providers or child care	11220
resource and referral service organizations for the providers or	11221
resource and referral service organizations to make all or any	11222
part of the determinations, and may contract with child care	11223
providers or child care resource and referral service	11224
organizations for the providers or resource and referral service	11225
organizations to collect specified information for use by the	11226
county department in making determinations. If a county department	11227
contracts with a child care provider or a child care resource and	11228
referral service organization for eligibility determinations or	11229
for the collection of information, the contract shall require the	11230
provider or resource and referral service organization to make	11231
each eligibility determination no later than thirty calendar days	11232
from the date the provider or resource and referral organization	11233
receives a completed application that is the basis of the	11234
determination and to collect and transmit all necessary	11235
information to the county department within a period of time that	11236
enables the county department to make each eligibility	11237
determination no later than thirty days after the filing of the	11238
application that is the basis of the determination.	11239

The county department may station employees of the department	11240
in various locations throughout the county to collect information	11241
relevant to applications for publicly funded child care and to	11242
make eligibility determinations. The county department, child care	11243
provider, and child care resource and referral service	11244
organization shall make each determination of eligibility for	11245
publicly funded child care no later than thirty days after the	11246
filing of the application that is the basis of the determination,	11247
shall make each determination in accordance with any relevant	11248
rules adopted pursuant to section 5104.38 of the Revised Code, and	11249
shall notify promptly each applicant for publicly funded child	11250
care of the results of the determination of the applicant's	11251
eligibility.	11252

The director of job and family services shall adopt rules in	11253
accordance with Chapter 119. of the Revised Code for monitoring	11254
the eligibility determination process. In accordance with those	11255
rules, the state department shall monitor eligibility	11256
determinations made by county departments of job and family	11257
services and shall direct any entity that is not in compliance	11258
with this division or any rule adopted under this division to	11259
implement corrective action specified by the department.	11260

(2) All eligibility determinations for publicly funded child	11261
care shall be made in accordance with rules adopted pursuant to	11262
division (A) of section 5104.38 of the Revised Code and, if a	11263
county department of job and family services specifies, pursuant	11264
to rules adopted under division (B) of that section, a maximum	11265
amount of income a family may have to be eligible for publicly	11266
funded child care, the income maximum specified by the county	11267
department. Publicly funded child care may be provided only to	11268
eligible infants, toddlers, ~~preschool~~preschool-age children, and	11269
~~school~~school-age children under age thirteen. For an applicant to	11270
be eligible for publicly funded child care, the caretaker parent	11271
must be employed or participating in a program of education or	11272
training for an amount of time reasonably related to the time that	11273
the parent's children are receiving publicly funded child care.	11274
This restriction does not apply to families whose children are	11275
eligible for protective child care.	11276

Subject to available funds, a county department of job and	11277
family services shall allow a family to receive publicly funded	11278
child care unless the family's income exceeds the maximum income	11279
eligibility limit. Initial and continued eligibility for publicly	11280
funded child care is subject to available funds unless the family	11281
is receiving child care pursuant to division (A)(1), (2), (3), or	11282
(4) of section 5104.30 of the Revised Code. If the county	11283
department must limit eligibility due to lack of available funds,	11284
it shall give first priority for publicly funded child care to an	11285
assistance group whose income is not more than the maximum income	11286
eligibility limit that received transitional child care in the	11287
previous month but is no longer eligible because the twelve-month	11288
period has expired. Such an assistance group shall continue to	11289
receive priority for publicly funded child care until its income	11290
exceeds the maximum income eligibility limit.	11291

(3) An assistance group that ceases to participate in the	11292
Ohio works first program established under Chapter 5107. of the	11293
Revised Code is eligible for transitional child care at any time	11294
during the immediately following twelve-month period that both of	11295
the following apply:	11296

(a) The assistance group requires child care due to	11297
employment;	11298

(b) The assistance group's income is not more than one	11299
hundred fifty per cent of the federal poverty line.	11300

An assistance group ineligible to participate in the Ohio	11301
works first program pursuant to section 5101.83 or section 5107.16	11302
of the Revised Code is not eligible for transitional child care.	11303

(B) To the extent permitted by federal law, a county	11304
department of job and family services may require a caretaker	11305
parent determined to be eligible for publicly funded child care to	11306
pay a fee according to the schedule of fees established in rules	11307
adopted under section 5104.38 of the Revised Code. Each county	11308
department shall make protective child care services available to	11309
children without regard to the income or assets of the caretaker	11310
parent of the child.	11311

(C) A caretaker parent receiving publicly funded child care	11312
shall report to the entity that determined eligibility any changes	11313
in status with respect to employment or participation in a program	11314
of education or training not later than ten calendar days after	11315
the change occurs.	11316

(D) If a county department of job and family services	11317
determines that available resources are not sufficient to provide	11318
publicly funded child care to all eligible families who request	11319
it, the county department may establish a waiting list. A county	11320
department may establish separate waiting lists within the waiting	11321
list based on income. When resources become available to provide	11322
publicly funded child care to families on the waiting list, a	11323
county department that establishes a waiting list shall assess the	11324
needs of the next family scheduled to receive publicly funded	11325
child care. If the assessment demonstrates that the family	11326
continues to need and is eligible for publicly funded child care,	11327
the county department shall offer it to the family. If the county	11328
department determines that the family is no longer eligible or no	11329
longer needs publicly funded child care, the county department	11330
shall remove the family from the waiting list.	11331

(E) A caretaker parent shall not receive full-time publicly	11332
funded child care from more than one child care provider per child	11333
during any period.	11334

(F) As used in this section, "maximum income eligibility	11335
limit" means the amount of income specified in rules adopted under	11336
division (A) of section 5104.38 of the Revised Code or, if a	11337
county department of job and family services specifies a higher	11338
amount pursuant to rules adopted under division (B) of that	11339
section, the amount the county department specifies.	11340

Sec. 5104.38. In addition to any other rules adopted under	11341
this chapter, the director of job and family services shall adopt	11342
rules in accordance with Chapter 119. of the Revised Code	11343
governing financial and administrative requirements for publicly	11344
funded child care and establishing all of the following:	11345

(A) Procedures and criteria to be used in making	11346
determinations of eligibility for publicly funded child care that	11347
give priority to children of families with lower incomes and	11348
procedures and criteria for eligibility for publicly funded	11349
protective child care. The rules shall specify the maximum amount	11350
of income a family may have for initial and continued eligibility.	11351
The maximum amount shall not exceed two hundred per cent of the	11352
federal poverty line. The rules may specify exceptions to the	11353
eligibility requirements in the case of a family that previously	11354
received publicly funded child care and is seeking to have the	11355
child care reinstated after the family's eligibility was	11356
terminated.	11357

(B) Procedures under which a county department of job and	11358
family services may, if the department, under division (A) of this	11359
section, specifies a maximum amount of income a family may have	11360
for eligibility for publicly funded child care that is less than	11361
the maximum amount specified in that division, specify a maximum	11362
amount of income a family residing in the county the county	11363
department serves may have for initial and continued eligibility	11364
for publicly funded child care that is higher than the amount	11365
specified by the department but does not exceed the maximum amount	11366
specified in division (A) of this section;	11367

(C) A schedule of fees requiring all eligible caretaker	11368
parents to pay a fee for publicly funded child care according to	11369
income and family size, which shall be uniform for all types of	11370
publicly funded child care, except as authorized by rule, and, to	11371
the extent permitted by federal law, shall permit the use of state	11372
and federal funds to pay the customary deposits and other advance	11373
payments that a provider charges all children who receive child	11374
care from that provider. The schedule of fees may not provide for	11375
a caretaker parent to pay a fee that exceeds ten per cent of the	11376
parent's family income.	11377

(D) A formula for determining the amount of state and federal	11378
funds appropriated for publicly funded child care that may be	11379
allocated to a county department to use for administrative	11380
purposes;	11381

(E) Procedures to be followed by the department and county	11382
departments in recruiting individuals and groups to become	11383
providers of child care;	11384

(F) Procedures to be followed in establishing state or local	11385
programs designed to assist individuals who are eligible for	11386
publicly funded child care in identifying the resources available	11387
to them and to refer the individuals to appropriate sources to	11388
obtain child care;	11389

(G) Procedures to deal with fraud and abuse committed by	11390
either recipients or providers of publicly funded child care;	11391

(H) Procedures for establishing a child care grant or loan	11392
program in accordance with the child care block grant act;	11393

(I) Standards and procedures for applicants to apply for	11394
grants and loans, and for the department to make grants and loans;	11395

(J) A definition of "person who stands in loco parentis" for	11396
the purposes of division ~~(JJ)~~(KK)(1) of section 5104.01 of the	11397
Revised Code;	11398

(K) Procedures for a county department of job and family	11399
services to follow in making eligibility determinations and	11400
redeterminations for publicly funded child care available through	11401
telephone, computer, and other means at locations other than the	11402
county department;	11403

(L) If the director establishes a different reimbursement	11404
ceiling under division (E)(3)(d) of section 5104.30 of the Revised	11405
Code, standards and procedures for determining the amount of the	11406
higher payment that is to be issued to a child care provider based	11407
on the special needs of the child being served;	11408

(M) To the extent permitted by federal law, procedures for	11409
paying for up to thirty days of child care for a child whose	11410
caretaker parent is seeking employment, taking part in employment	11411
orientation activities, or taking part in activities in	11412
anticipation of enrolling in or attending an education or training	11413
program or activity, if the employment or the education or	11414
training program or activity is expected to begin within the	11415
thirty-day period;	11416

(N) Any other rules necessary to carry out sections 5104.30	11417
to 5104.43 of the Revised Code.	11418

Sec. 5123.022. It is hereby declared to be the policy of this	11419
state that employment services for individuals with developmental	11420
disabilities be directed at placement whenever possible of each	11421
individual in a position in the community in which the individual	11422
is integrated with the employer's other workers who are not	11423
developmentally disabled. The departments of developmental	11424
disabilities, education, job and family services, and mental	11425
health; the rehabilitation services commission; and each other	11426
state agency that provides employment services to individuals with	11427
developmental disabilities shall implement this policy and ensure	11428
that it is followed whenever employment services are provided to	11429
individuals with developmental disabilities.	11430

The department of developmental disabilities shall coordinate	11431
the actions taken by state agencies to comply with the state's	11432
policy. Agencies shall collaborate within their divisions and with	11433
each other to ensure that state programs, policies, procedures,	11434
and funding support competitive and integrated employment of	11435
individuals with developmental disabilities. State agencies shall	11436
share information with the department, and the department shall	11437
track progress toward full implementation of the policy. The	11438
department, in coordination with any task force established by the	11439
governor, shall compile data and annually submit to the governor a	11440
report on implementation of the policy.	11441

The department and state agencies may adopt rules to	11442
implement the policy.	11443

The policy articulated in this section is intended to promote	11444
the right of each individual with a developmental disability to	11445
informed choice; however, nothing in this section requires any	11446
employer to give preference in hiring to an individual because the	11447
individual has a disability.	11448

Sec. 5709.83. (A) Except as otherwise provided in division	11449
(B) or (C) of this section, prior to taking formal action to adopt	11450
or enter into any instrument granting a tax exemption under	11451
section 725.02, 1728.06, 5709.40, 5709.41, 5709.62, 5709.63,	11452
5709.632, 5709.73, 5709.78, 5709.84, or 5709.88 of the Revised	11453
Code or formally approving an agreement under section 3735.671 of	11454
the Revised Code, or prior to forwarding an application for a tax	11455
exemption for residential property under section 3735.67 of the	11456
Revised Code to the county auditor, the legislative authority of	11457
the political subdivision or housing officer shall notify the	11458
board of education of each city, local, exempted village, or joint	11459
vocational school district in which the proposed tax-exempted	11460
property is located. The notice shall include a copy of the	11461
instrument or application. The notice shall be delivered not later	11462
than fourteen days prior to the day the legislative authority	11463
takes formal action to adopt or enter into the instrument, or not	11464
later than fourteen days prior to the day the housing officer	11465
forwards the application to the county auditor. If the board of	11466
education comments on the instrument or application to the	11467
legislative authority or housing officer, the legislative	11468
authority or housing officer shall consider the comments. If the	11469
board of education of the city, local, exempted village, or joint	11470
vocational school district so requests, the legislative authority	11471
or the housing officer shall meet in person with a representative	11472
designated by the board of education to discuss the terms of the	11473
instrument or application.	11474

(B) The notice otherwise required to be provided to boards of	11475
education under division (A) of this section is not required if	11476
the board has adopted a resolution waiving its right to receive	11477
such notices, and that resolution remains in effect. If a board of	11478
education adopts such a resolution, the board shall cause a copy	11479
of the resolution to be certified to the legislative authority. If	11480
the board of education rescinds such a resolution, it shall	11481
certify notice of the rescission to the legislative authority. A	11482
board of education may adopt such a resolution with respect to any	11483
one or more counties, townships, or municipal corporations	11484
situated in whole or in part within the school district.	11485

(C) If a legislative authority is required to provide notice	11486
to a city, local, or exempted village school district of its	11487
intent to grant such an exemption as required by section 5709.40,	11488
5709.41, 5709.73, or 5709.78 of the Revised Code, the legislative	11489
authority, before adopting a resolution or ordinance under that	11490
section, shall notify the board of education of each joint	11491
vocational school district in which the property to be exempted is	11492
located using the same time requirements for the notice that	11493
applies to notices to city, local, and exempted village school	11494
districts. ~~The notice shall be delivered not later than forty-five~~	11495
~~days before the day the legislative authority adopts a resolution~~	11496
~~or ordinance under any of those sections.~~ The content of the	11497
notice and procedures for responding to the notice are the same as	11498
required in division (A) of this section.	11499

Sec. 5751.20. (A) As used in sections 5751.20 to 5751.22 of	11500
the Revised Code:	11501

(1) "School district," "joint vocational school district,"	11502
"local taxing unit," "recognized valuation," "fixed-rate levy,"	11503
and "fixed-sum levy" have the same meanings as used in section	11504
5727.84 of the Revised Code.	11505

(2) "State education aid" for a school district means the	11506
following:	11507

(a) For fiscal years prior to fiscal year 2010, the sum of	11508
state aid amounts computed for the district under the following	11509
provisions, as they existed for the applicable fiscal year:	11510
division (A) of section 3317.022 of the Revised Code, including	11511
the amounts calculated under sections 3317.029 and 3317.0217 of	11512
the Revised Code; divisions (C)(1), (C)(4), (D), (E), and (F) of	11513
section 3317.022; divisions (B), (C), and (D) of section 3317.023;	11514
divisions (L) and (N) of section 3317.024; section 3317.0216; and	11515
any unit payments for gifted student services paid under sections	11516
3317.05, 3317.052, and 3317.053 of the Revised Code; except that,	11517
for fiscal years 2008 and 2009, the amount computed for the	11518
district under Section 269.20.80 of H.B. 119 of the 127th general	11519
assembly and as that section subsequently may be amended shall be	11520
substituted for the amount computed under division (D) of section	11521
3317.022 of the Revised Code, and the amount computed under	11522
Section 269.30.80 of H.B. 119 of the 127th general assembly and as	11523
that section subsequently may be amended shall be included.	11524

(b) For fiscal years 2010 and 2011, the sum of the amounts	11525
computed under former sections 3306.052, 3306.12, 3306.13,	11526
3306.19, 3306.191, and 3306.192 of the Revised Code;	11527

(c) For fiscal years 2012 and 2013, the ~~amount~~sum of the	11528
amounts paid ~~in accordance with the section~~under Sections	11529
267.30.50, 267.30.53, and 267.30.56 of H.B. 153 of the 129th	11530
general assembly ~~entitled "FUNDING FOR CITY, EXEMPTED VILLAGE, AND~~	11531
~~LOCAL SCHOOL DISTRICTS~~."	11532

(3) "State education aid" for a joint vocational school	11533
district means the following:	11534

(a) For fiscal years prior to fiscal year 2010, the sum of	11535
the state aid computed for the district under division (N) of	11536
section 3317.024 and section 3317.16 of the Revised Code, except	11537
that, for fiscal years 2008 and 2009, the amount computed under	11538
Section 269.30.80 of H.B. 119 of the 127th general assembly and as	11539
that section subsequently may be amended shall be included.	11540

(b) For fiscal years 2010 and 2011, the amount paid in	11541
accordance with ~~the section~~Section 265.30.50 of H.B. 1 of the	11542
128th general assembly ~~entitled "FUNDING FOR JOINT VOCATIONAL~~	11543
~~SCHOOL DISTRICTS~~."	11544

(c) For fiscal years 2012 and 2013, the amount paid in	11545
accordance with ~~the section~~Section 267.30.60 of H.B. 153 of the	11546
129th general assembly ~~entitled "FUNDING FOR JOINT VOCATIONAL~~	11547
~~SCHOOL DISTRICTS~~."	11548

(4) "State education aid offset" means the amount determined	11549
for each school district or joint vocational school district under	11550
division (A)(1) of section 5751.21 of the Revised Code.	11551

(5) "Machinery and equipment property tax value loss" means	11552
the amount determined under division (C)(1) of this section.	11553

(6) "Inventory property tax value loss" means the amount	11554
determined under division (C)(2) of this section.	11555

(7) "Furniture and fixtures property tax value loss" means	11556
the amount determined under division (C)(3) of this section.	11557

(8) "Machinery and equipment fixed-rate levy loss" means the	11558
amount determined under division (D)(1) of this section.	11559

(9) "Inventory fixed-rate levy loss" means the amount	11560
determined under division (D)(2) of this section.	11561

(10) "Furniture and fixtures fixed-rate levy loss" means the	11562
amount determined under division (D)(3) of this section.	11563

(11) "Total fixed-rate levy loss" means the sum of the	11564
machinery and equipment fixed-rate levy loss, the inventory	11565
fixed-rate levy loss, the furniture and fixtures fixed-rate levy	11566
loss, and the telephone company fixed-rate levy loss.	11567

(12) "Fixed-sum levy loss" means the amount determined under	11568
division (E) of this section.	11569

(13) "Machinery and equipment" means personal property	11570
subject to the assessment rate specified in division (F) of	11571
section 5711.22 of the Revised Code.	11572

(14) "Inventory" means personal property subject to the	11573
assessment rate specified in division (E) of section 5711.22 of	11574
the Revised Code.	11575

(15) "Furniture and fixtures" means personal property subject	11576
to the assessment rate specified in division (G) of section	11577
5711.22 of the Revised Code.	11578

(16) "Qualifying levies" are levies in effect for tax year	11579
2004 or applicable to tax year 2005 or approved at an election	11580
conducted before September 1, 2005. For the purpose of determining	11581
the rate of a qualifying levy authorized by section 5705.212 or	11582
5705.213 of the Revised Code, the rate shall be the rate that	11583
would be in effect for tax year 2010.	11584

(17) "Telephone property" means tangible personal property of	11585
a telephone, telegraph, or interexchange telecommunications	11586
company subject to an assessment rate specified in section	11587
5727.111 of the Revised Code in tax year 2004.	11588

(18) "Telephone property tax value loss" means the amount	11589
determined under division (C)(4) of this section.	11590

(19) "Telephone property fixed-rate levy loss" means the	11591
amount determined under division (D)(4) of this section.	11592

(20) "Taxes charged and payable" means taxes charged and	11593
payable after the reduction required by section 319.301 of the	11594
Revised Code but before the reductions required by sections	11595
319.302 and 323.152 of the Revised Code.	11596

(21) "Median estate tax collections" means, in the case of a	11597
municipal corporation to which revenue from the taxes levied in	11598
Chapter 5731. of the Revised Code was distributed in each of	11599
calendar years 2006, 2007, 2008, and 2009, the median of those	11600
distributions. In the case of a municipal corporation to which no	11601
distributions were made in one or more of those years, "median	11602
estate tax collections" means zero.	11603

(22) "Total resources," in the case of a school district,	11604
means the sum of the amounts in divisions (A)(22)(a) to (h) of	11605
this section less any reduction required under division (A)(32) of	11606
this section.	11607

(a) The state education aid for fiscal year 2010;

11608

(b) The sum of the payments received by the school district	11609
in fiscal year 2010 for current expense levy losses pursuant to	11610
division (C)(2) of section 5727.85 and divisions (C)(8) and (9) of	11611
section 5751.21 of the Revised Code, excluding the portion of such	11612
payments attributable to levies for joint vocational school	11613
district purposes;	11614

(c) The sum of fixed-sum levy loss payments received by the	11615
school district in fiscal year 2010 pursuant to division (E)(1) of	11616
section 5727.85 and division (E)(1) of section 5751.21 of the	11617
Revised Code for fixed-sum levies imposed for a purpose other than	11618
paying debt charges;	11619

(d) Fifty per cent of the school district's taxes charged and	11620
payable against all property on the tax list of real and public	11621
utility property for current expense purposes for tax year 2008,	11622
including taxes charged and payable from emergency levies imposed	11623
under section 5709.194 of the Revised Code and excluding taxes	11624
levied for joint vocational school district purposes;	11625

(e) Fifty per cent of the school district's taxes charged and	11626
payable against all property on the tax list of real and public	11627
utility property for current expenses for tax year 2009, including	11628
taxes charged and payable from emergency levies and excluding	11629
taxes levied for joint vocational school district purposes;	11630

(f) The school district's taxes charged and payable against	11631
all property on the general tax list of personal property for	11632
current expenses for tax year 2009, including taxes charged and	11633
payable from emergency levies;	11634

(g) The amount certified for fiscal year 2010 under division	11635
(A)(2) of section 3317.08 of the Revised Code;	11636

(h) Distributions received during calendar year 2009 from	11637
taxes levied under section 718.09 of the Revised Code.	11638

(23) "Total resources," in the case of a joint vocational	11639
school district, means the sum of amounts in divisions (A)(23)(a)	11640
to (g) of this section less any reduction required under division	11641
(A)(32) of this section.	11642

(a) The state education aid for fiscal year 2010;

11643

(b) The sum of the payments received by the joint vocational	11644
school district in fiscal year 2010 for current expense levy	11645
losses pursuant to division (C)(2) of section 5727.85 and	11646
divisions (C)(8) and (9) of section 5751.21 of the Revised Code;	11647

(c) Fifty per cent of the joint vocational school district's	11648
taxes charged and payable against all property on the tax list of	11649
real and public utility property for current expense purposes for	11650
tax year 2008;	11651

(d) Fifty per cent of the joint vocational school district's	11652
taxes charged and payable against all property on the tax list of	11653
real and public utility property for current expenses for tax year	11654
2009;	11655

(e) Fifty per cent of a city, local, or exempted village	11656
school district's taxes charged and payable against all property	11657
on the tax list of real and public utility property for current	11658
expenses of the joint vocational school district for tax year	11659
2008;	11660

(f) Fifty per cent of a city, local, or exempted village	11661
school district's taxes charged and payable against all property	11662
on the tax list of real and public utility property for current	11663
expenses of the joint vocational school district for tax year	11664
2009;	11665

(g) The joint vocational school district's taxes charged and	11666
payable against all property on the general tax list of personal	11667
property for current expenses for tax year 2009.	11668

(24) "Total resources," in the case of county mental health	11669
and disability related functions, means the sum of the amounts in	11670
divisions (A)(24)(a) and (b) of this section less any reduction	11671
required under division (A)(32) of this section.	11672

(a) The sum of the payments received by the county for mental	11673
health and developmental disability related functions in calendar	11674
year 2010 under division (A)(1) of section 5727.86 and ~~division~~	11675
divisions (A)(1) and (2) of section 5751.22 of the Revised Code as	11676
they existed at that time;	11677

(b) With respect to taxes levied by the county for mental	11678
health and developmental disability related purposes, the taxes	11679
charged and payable for such purposes against all property on the	11680
tax list of real and public utility property for tax year 2009.	11681

(25) "Total resources," in the case of county senior services	11682
related functions, means the sum of the amounts in divisions	11683
(A)(25)(a) and (b) of this section less any reduction required	11684
under division (A)(32) of this section.	11685

(a) The sum of the payments received by the county for senior	11686
services related functions in calendar year 2010 under division	11687
(A)(1) of section 5727.86 and divisions (A)(1) and (2) of section	11688
5751.22 of the Revised Code as they existed at that time;	11689

(b) With respect to taxes levied by the county for senior	11690
services related purposes, the taxes charged and payable for such	11691
purposes against all property on the tax list of real and public	11692
utility property for tax year 2009.	11693

(26) "Total resources," in the case of county children's	11694
services related functions, means the sum of the amounts in	11695
divisions (A)(26)(a) and (b) of this section less any reduction	11696
required under division (A)(32) of this section.	11697

(a) The sum of the payments received by the county for	11698
children's services related functions in calendar year 2010 under	11699
division (A)(1) of section 5727.86 and divisions (A)(1) and (2) of	11700
section 5751.22 of the Revised Code as they existed at that time;	11701

(b) With respect to taxes levied by the county for children's	11702
services related purposes, the taxes charged and payable for such	11703
purposes against all property on the tax list of real and public	11704
utility property for tax year 2009.	11705

(27) "Total resources," in the case of county public health	11706
related functions, means the sum of the amounts in divisions	11707
(A)(27)(a) and (b) of this section less any reduction required	11708
under division (A)(32) of this section.	11709

(a) The sum of the payments received by the county for public	11710
health related functions in calendar year 2010 under division	11711
(A)(1) of section 5727.86 and divisions (A)(1) and (2) of section	11712
5751.22 of the Revised Code as they existed at that time;	11713

(b) With respect to taxes levied by the county for public	11714
health related purposes, the taxes charged and payable for such	11715
purposes against all property on the tax list of real and public	11716
utility property for tax year 2009.	11717

(28) "Total resources," in the case of all county functions	11718
not included in divisions (A)(24) to (27) of this section, means	11719
the sum of the amounts in divisions (A)(28)(a) to (d) of this	11720
section less any reduction required under division (A)(32) of this	11721
section.	11722

(a) The sum of the payments received by the county for all	11723
other purposes in calendar year 2010 under division (A)(1) of	11724
section 5727.86 and divisions (A)(1) and (2) of section 5751.22 of	11725
the Revised Code as they existed at that time;	11726

(b) The county's percentage share of county undivided local	11727
government fund allocations as certified to the tax commissioner	11728
for calendar year 2010 by the county auditor under division (J) of	11729
section 5747.51 of the Revised Code or division (F) of section	11730
5747.53 of the Revised Code multiplied by the total amount	11731
actually distributed in calendar year 2010 from the county	11732
undivided local government fund;	11733

(c) With respect to taxes levied by the county for all other	11734
purposes, the taxes charged and payable for such purposes against	11735
all property on the tax list of real and public utility property	11736
for tax year 2009, excluding taxes charged and payable for the	11737
purpose of paying debt charges;	11738

(d) The sum of the amounts distributed to the county in	11739
calendar year 2010 for the taxes levied pursuant to sections	11740
5739.021 and 5741.021 of the Revised Code.	11741

(29) "Total resources," in the case of a municipal	11742
corporation, means the sum of the amounts in divisions (A)(29)(a)	11743
to (g) of this section less any reduction required under division	11744
(A)(32) of this section.	11745

(a) The sum of the payments received by the municipal	11746
corporation in calendar year 2010 under division (A)(1) of section	11747
5727.86 and divisions (A)(1) and (2) of section 5751.22 of the	11748
Revised Code as they existed at that time;	11749

(b) The municipal corporation's percentage share of county	11750
undivided local government fund allocations as certified to the	11751
tax commissioner for calendar year 2010 by the county auditor	11752
under division (J) of section 5747.51 of the Revised Code or	11753
division (F) of section 5747.53 of the Revised Code multiplied by	11754
the total amount actually distributed in calendar year 2010 from	11755
the county undivided local government fund;	11756

(c) The sum of the amounts distributed to the municipal	11757
corporation in calendar year 2010 pursuant to section 5747.50 of	11758
the Revised Code;	11759

(d) With respect to taxes levied by the municipal	11760
corporation, the taxes charged and payable against all property on	11761
the tax list of real and public utility property for current	11762
expenses, defined in division (A)(33) of this section, for tax	11763
year 2009;	11764

(e) The amount of admissions tax collected by the municipal	11765
corporation in calendar year 2008, or if such information has not	11766
yet been reported to the tax commissioner, in the most recent year	11767
before 2008 for which the municipal corporation has reported data	11768
to the commissioner;	11769

(f) The amount of income taxes collected by the municipal	11770
corporation in calendar year 2008, or if such information has not	11771
yet been reported to the tax commissioner, in the most recent year	11772
before 2008 for which the municipal corporation has reported data	11773
to the commissioner;	11774

(g) The municipal corporation's median estate tax	11775
collections.	11776

(30) "Total resources," in the case of a township, means the	11777
sum of the amounts in divisions (A)(30)(a) to (c) of this section	11778
less any reduction required under division (A)(32) of this	11779
section.	11780

(a) The sum of the payments received by the township in	11781
calendar year 2010 pursuant to division (A)(1) of section 5727.86	11782
of the Revised Code and divisions (A)(1) and (2) of section	11783
5751.22 of the Revised Code as they existed at that time,	11784
excluding payments received for debt purposes;	11785

(b) The township's percentage share of county undivided local	11786
government fund allocations as certified to the tax commissioner	11787
for calendar year 2010 by the county auditor under division (J) of	11788
section 5747.51 of the Revised Code or division (F) of section	11789
5747.53 of the Revised Code multiplied by the total amount	11790
actually distributed in calendar year 2010 from the county	11791
undivided local government fund;	11792

(c) With respect to taxes levied by the township, the taxes	11793
charged and payable against all property on the tax list of real	11794
and public utility property for tax year 2009 excluding taxes	11795
charged and payable for the purpose of paying debt charges.	11796

(31) "Total resources," in the case of a local taxing unit	11797
that is not a county, municipal corporation, or township, means	11798
the sum of the amounts in divisions (A)(31)(a) to (e) of this	11799
section less any reduction required under division (A)(32) of this	11800
section.	11801

(a) The sum of the payments received by the local taxing unit	11802
in calendar year 2010 pursuant to division (A)(1) of section	11803
5727.86 of the Revised Code and divisions (A)(1) and (2) of	11804
section 5751.22 of the Revised Code as they existed at that time;	11805

(b) The local taxing unit's percentage share of county	11806
undivided local government fund allocations as certified to the	11807
tax commissioner for calendar year 2010 by the county auditor	11808
under division (J) of section 5747.51 of the Revised Code or	11809
division (F) of section 5747.53 of the Revised Code multiplied by	11810
the total amount actually distributed in calendar year 2010 from	11811
the county undivided local government fund;	11812

(c) With respect to taxes levied by the local taxing unit,	11813
the taxes charged and payable against all property on the tax list	11814
of real and public utility property for tax year 2009 excluding	11815
taxes charged and payable for the purpose of paying debt charges;	11816

(d) The amount received from the tax commissioner during	11817
calendar year 2010 for sales or use taxes authorized under	11818
sections 5739.023 and 5741.022 of the Revised Code;	11819

(e) For institutions of higher education receiving tax	11820
revenue from a local levy, as identified in section 3358.02 of the	11821
Revised Code, the final state share of instruction allocation for	11822
fiscal year 2010 as calculated by the board of regents and	11823
reported to the state controlling board.	11824

(32) If a fixed-rate levy that is a qualifying levy is not	11825
imposed in any year after tax year 2010, "total resources" used to	11826
compute payments to be made under division (C)(12) of section	11827
5751.21 or division (A)(1)(b) or (c) of section 5751.22 of the	11828
Revised Code in the tax years following the last year the levy is	11829
imposed shall be reduced by the amount of payments attributable to	11830
the fixed-rate levy loss of that levy as would be computed under	11831
division (C)(2) of section 5727.85, division (A)(1) of section	11832
5727.85, divisions (C)(8) and (9) of section 5751.21, or division	11833
(A)(1) of section 5751.22 of the Revised Code.	11834

(33) "Municipal current expense property tax levies" means	11835
all property tax levies of a municipality, except those with the	11836
following levy names: airport resurfacing; bond or any levy name	11837
including the word "bond"; capital improvement or any levy name	11838
including the word "capital"; debt or any levy name including the	11839
word "debt"; equipment or any levy name including the word	11840
"equipment," unless the levy is for combined operating and	11841
equipment; employee termination fund; fire pension or any levy	11842
containing the word "pension," including police pensions;	11843
fireman's fund or any practically similar name; sinking fund; road	11844
improvements or any levy containing the word "road"; fire truck or	11845
apparatus; flood or any levy containing the word "flood";	11846
conservancy district; county health; note retirement; sewage, or	11847
any levy containing the words "sewage" or "sewer"; park	11848
improvement; parkland acquisition; storm drain; street or any levy	11849
name containing the word "street"; lighting, or any levy name	11850
containing the word "lighting"; and water.	11851

(34) "Current expense TPP allocation" means, in the case of a	11852
school district or joint vocational school district, the sum of	11853
the payments received by the school district in fiscal year 2011	11854
pursuant to divisions (C)(10) and (11) of section 5751.21 of the	11855
Revised Code to the extent paid for current expense levies. In the	11856
case of a municipal corporation, "current expense TPP allocation"	11857
means the sum of the payments received by the municipal	11858
corporation in calendar year 2010 pursuant to divisions (A)(1) and	11859
(2) of section 5751.22 of the Revised Code to the extent paid for	11860
municipal current expense property tax levies as defined in	11861
division (A)(33) of this section. If a fixed-rate levy that is a	11862
qualifying levy is not imposed in any year after tax year 2010,	11863
"current expense TPP allocation" used to compute payments to be	11864
made under division (C)(12) of section 5751.21 or division	11865
(A)(1)(b) or (c) of section 5751.22 of the Revised Code in the tax	11866
years following the last year the levy is imposed shall be reduced	11867
by the amount of payments attributable to the fixed-rate levy loss	11868
of that levy as would be computed under divisions (C)(10) and (11)	11869
of section 5751.21 or division (A)(1) of section 5751.22 of the	11870
Revised Code.	11871

(35) "TPP allocation" means the sum of payments received by a	11872
local taxing unit in calendar year 2010 pursuant to divisions	11873
(A)(1) and (2) of section 5751.22 of the Revised Code. If a	11874
fixed-rate levy that is a qualifying levy is not imposed in any	11875
year after tax year 2010, "TPP allocation" used to compute	11876
payments to be made under division (A)(1)(b) or (c) of section	11877
5751.22 of the Revised Code in the tax years following the last	11878
year the levy is imposed shall be reduced by the amount of payment	11879
attributable to the fixed-rate levy loss of that levy as would be	11880
computed under division (A)(1) of that section.	11881

(36) "Total TPP allocation" means, in the case of a school	11882
district or joint vocational school district, the sum of the	11883
amounts received in fiscal year 2011 pursuant to divisions (C)(10)	11884
and (11) and (D) of section 5751.21 of the Revised Code. In the	11885
case of a local taxing unit, "total TPP allocation" means the sum	11886
of payments received by the unit in calendar year 2010 pursuant to	11887
divisions (A)(1), (2), and (3) of section 5751.22 of the Revised	11888
Code. If a fixed-rate levy that is a qualifying levy is not	11889
imposed in any year after tax year 2010, "total TPP allocation"	11890
used to compute payments to be made under division (C)(12) of	11891
section 5751.21 or division (A)(1)(b) or (c) of section 5751.22 of	11892
the Revised Code in the tax years following the last year the levy	11893
is imposed shall be reduced by the amount of payments attributable	11894
to the fixed-rate levy loss of that levy as would be computed	11895
under divisions (C)(10) and (11) of section 5751.21 or division	11896
(A)(1) of section 5751.22 of the Revised Code.	11897

(37) "Non-current expense TPP allocation" means the	11898
difference of total TPP allocation minus the sum of current	11899
expense TPP allocation and the portion of total TPP allocation	11900
constituting reimbursement for debt levies, pursuant to division	11901
(D) of section 5751.21 of the Revised Code in the case of a school	11902
district or joint vocational school district and pursuant to	11903
division (A)(3) of section 5751.22 of the Revised Code in the case	11904
of a municipal corporation.	11905

(38) "Threshold per cent" means, in the case of a school	11906
district or joint vocational school district, two per cent for	11907
fiscal year 2012 and four per cent for fiscal years 2013 and	11908
thereafter. In the case of a local taxing unit, "threshold per	11909
cent" means two per cent for tax year 2011, four per cent for tax	11910
year 2012, and six per cent for tax years 2013 and thereafter.	11911

(B) The commercial activities tax receipts fund is hereby	11912
created in the state treasury and shall consist of money arising	11913
from the tax imposed under this chapter. Eighty-five	11914
one-hundredths of one per cent of the money credited to that fund	11915
shall be credited to the tax reform system implementation fund,	11916
which is hereby created in the state treasury, and shall be used	11917
to defray the costs incurred by the department of taxation in	11918
administering the tax imposed by this chapter and in implementing	11919
tax reform measures. The remainder in the commercial activities	11920
tax receipts fund shall be credited for each fiscal year in the	11921
following percentages to the general revenue fund, to the school	11922
district tangible property tax replacement fund, which is hereby	11923
created in the state treasury for the purpose of making the	11924
payments described in section 5751.21 of the Revised Code, and to	11925
the local government tangible property tax replacement fund, which	11926
is hereby created in the state treasury for the purpose of making	11927
the payments described in section 5751.22 of the Revised Code, in	11928
the following percentages:	11929

Fiscal year	General Revenue Fund	School District Tangible Property Tax Replacement Fund	Local Government Tangible Property Tax Replacement Fund	11930
2006	67.7%	22.6%	9.7%	11931
2007	0%	70.0%	30.0%	11932
2008	0%	70.0%	30.0%	11933
2009	0%	70.0%	30.0%	11934
2010	0%	70.0%	30.0%	11935
2011	0%	70.0%	30.0%	11936
2012	25.0%	52.5%	22.5%	11937
2013 and thereafter	50.0%	35.0%	15.0%	11938

(C) Not later than September 15, 2005, the tax commissioner	11939
shall determine for each school district, joint vocational school	11940
district, and local taxing unit its machinery and equipment,	11941
inventory property, furniture and fixtures property, and telephone	11942
property tax value losses, which are the applicable amounts	11943
described in divisions (C)(1), (2), (3), and (4) of this section,	11944
except as provided in division (C)(5) of this section:	11945

(1) Machinery and equipment property tax value loss is the	11946
taxable value of machinery and equipment property as reported by	11947
taxpayers for tax year 2004 multiplied by:	11948

(a) For tax year 2006, thirty-three and eight-tenths per	11949
cent;	11950

(b) For tax year 2007, sixty-one and three-tenths per cent;

11951

11952

(d) For tax year 2009 and thereafter, one hundred per cent.

11953

(2) Inventory property tax value loss is the taxable value of	11954
inventory property as reported by taxpayers for tax year 2004	11955
multiplied by:	11956

(a) For tax year 2006, a fraction, the numerator of which is	11957
five and three-fourths and the denominator of which is	11958
twenty-three;	11959

(b) For tax year 2007, a fraction, the numerator of which is	11960
nine and one-half and the denominator of which is twenty-three;	11961

(c) For tax year 2008, a fraction, the numerator of which is	11962
thirteen and one-fourth and the denominator of which is	11963
twenty-three;	11964

(d) For tax year 2009 and thereafter a fraction, the	11965
numerator of which is seventeen and the denominator of which is	11966
twenty-three.	11967

(3) Furniture and fixtures property tax value loss is the	11968
taxable value of furniture and fixture property as reported by	11969
taxpayers for tax year 2004 multiplied by:	11970

(a) For tax year 2006, twenty-five per cent;

11971

(b) For tax year 2007, fifty per cent;

11972

11973

(d) For tax year 2009 and thereafter, one hundred per cent.

11974

The taxable value of property reported by taxpayers used in	11975
divisions (C)(1), (2), and (3) of this section shall be such	11976
values as determined to be final by the tax commissioner as of	11977
August 31, 2005. Such determinations shall be final except for any	11978
correction of a clerical error that was made prior to August 31,	11979
2005, by the tax commissioner.	11980

(4) Telephone property tax value loss is the taxable value of	11981
telephone property as taxpayers would have reported that property	11982
for tax year 2004 if the assessment rate for all telephone	11983
property for that year were twenty-five per cent, multiplied by:	11984

(a) For tax year 2006, zero per cent;

11985

(b) For tax year 2007, zero per cent;

11986

11987

(d) For tax year 2009, sixty per cent;

11988

(e) For tax year 2010, eighty per cent;

11989

(f) For tax year 2011 and thereafter, one hundred per cent.

11990

(5) Division (C)(5) of this section applies to any school	11991
district, joint vocational school district, or local taxing unit	11992
in a county in which is located a facility currently or formerly	11993
devoted to the enrichment or commercialization of uranium or	11994
uranium products, and for which the total taxable value of	11995
property listed on the general tax list of personal property for	11996
any tax year from tax year 2001 to tax year 2004 was fifty per	11997
cent or less of the taxable value of such property listed on the	11998
general tax list of personal property for the next preceding tax	11999
year.	12000

In computing the fixed-rate levy losses under divisions	12001
(D)(1), (2), and (3) of this section for any school district,	12002
joint vocational school district, or local taxing unit to which	12003
division (C)(5) of this section applies, the taxable value of such	12004
property as listed on the general tax list of personal property	12005
for tax year 2000 shall be substituted for the taxable value of	12006
such property as reported by taxpayers for tax year 2004, in the	12007
taxing district containing the uranium facility, if the taxable	12008
value listed for tax year 2000 is greater than the taxable value	12009
reported by taxpayers for tax year 2004. For the purpose of making	12010
the computations under divisions (D)(1), (2), and (3) of this	12011
section, the tax year 2000 valuation is to be allocated to	12012
machinery and equipment, inventory, and furniture and fixtures	12013
property in the same proportions as the tax year 2004 values. For	12014
the purpose of the calculations in division (A) of section 5751.21	12015
of the Revised Code, the tax year 2004 taxable values shall be	12016
used.	12017

To facilitate the calculations required under division (C) of	12018
this section, the county auditor, upon request from the tax	12019
commissioner, shall provide by August 1, 2005, the values of	12020
machinery and equipment, inventory, and furniture and fixtures for	12021
all single-county personal property taxpayers for tax year 2004.	12022

(D) Not later than September 15, 2005, the tax commissioner	12023
shall determine for each tax year from 2006 through 2009 for each	12024
school district, joint vocational school district, and local	12025
taxing unit its machinery and equipment, inventory, and furniture	12026
and fixtures fixed-rate levy losses, and for each tax year from	12027
2006 through 2011 its telephone property fixed-rate levy loss.	12028
Except as provided in division (F) of this section, such losses	12029
are the applicable amounts described in divisions (D)(1), (2),	12030
(3), and (4) of this section:	12031

(1) The machinery and equipment fixed-rate levy loss is the	12032
machinery and equipment property tax value loss multiplied by the	12033
sum of the tax rates of fixed-rate qualifying levies.	12034

(2) The inventory fixed-rate loss is the inventory property	12035
tax value loss multiplied by the sum of the tax rates of	12036
fixed-rate qualifying levies.	12037

(3) The furniture and fixtures fixed-rate levy loss is the	12038
furniture and fixture property tax value loss multiplied by the	12039
sum of the tax rates of fixed-rate qualifying levies.	12040

(4) The telephone property fixed-rate levy loss is the	12041
telephone property tax value loss multiplied by the sum of the tax	12042
rates of fixed-rate qualifying levies.	12043

(E) Not later than September 15, 2005, the tax commissioner	12044
shall determine for each school district, joint vocational school	12045
district, and local taxing unit its fixed-sum levy loss. The	12046
fixed-sum levy loss is the amount obtained by subtracting the	12047
amount described in division (E)(2) of this section from the	12048
amount described in division (E)(1) of this section:	12049

(1) The sum of the machinery and equipment property tax value	12050
loss, the inventory property tax value loss, and the furniture and	12051
fixtures property tax value loss, and, for 2008 through 2010, the	12052
telephone property tax value loss of the district or unit	12053
multiplied by the sum of the fixed-sum tax rates of qualifying	12054
levies. For 2006 through 2010, this computation shall include all	12055
qualifying levies remaining in effect for the current tax year and	12056
any school district levies imposed under section 5705.194 or	12057
5705.213 of the Revised Code that are qualifying levies not	12058
remaining in effect for the current year. For 2011 through 2017 in	12059
the case of school district levies imposed under section 5705.194	12060
or 5705.213 of the Revised Code and for all years after 2010 in	12061
the case of other fixed-sum levies, this computation shall include	12062
only qualifying levies remaining in effect for the current year.	12063
For purposes of this computation, a qualifying school district	12064
levy imposed under section 5705.194 or 5705.213 of the Revised	12065
Code remains in effect in a year after 2010 only if, for that	12066
year, the board of education levies a school district levy imposed	12067
under section 5705.194, 5705.199, 5705.213, or 5705.219 of the	12068
Revised Code for an annual sum at least equal to the annual sum	12069
levied by the board in tax year 2004 less the amount of the	12070
payment certified under this division for 2006.	12071

(2) The total taxable value in tax year 2004 less the sum of	12072
the machinery and equipment, inventory, furniture and fixtures,	12073
and telephone property tax value losses in each school district,	12074
joint vocational school district, and local taxing unit multiplied	12075
by one-half of one mill per dollar.	12076

(3) For the calculations in divisions (E)(1) and (2) of this	12077
section, the tax value losses are those that would be calculated	12078
for tax year 2009 under divisions (C)(1), (2), and (3) of this	12079
section and for tax year 2011 under division (C)(4) of this	12080
section.	12081

(4) To facilitate the calculation under divisions (D) and (E)	12082
of this section, not later than September 1, 2005, any school	12083
district, joint vocational school district, or local taxing unit	12084
that has a qualifying levy that was approved at an election	12085
conducted during 2005 before September 1, 2005, shall certify to	12086
the tax commissioner a copy of the county auditor's certificate of	12087
estimated property tax millage for such levy as required under	12088
division (B) of section 5705.03 of the Revised Code, which is the	12089
rate that shall be used in the calculations under such divisions.	12090

If the amount determined under division (E) of this section	12091
for any school district, joint vocational school district, or	12092
local taxing unit is greater than zero, that amount shall equal	12093
the reimbursement to be paid pursuant to division (E) of section	12094
5751.21 or division (A)(3) of section 5751.22 of the Revised Code,	12095
and the one-half of one mill that is subtracted under division	12096
(E)(2) of this section shall be apportioned among all contributing	12097
fixed-sum levies in the proportion that each levy bears to the sum	12098
of all fixed-sum levies within each school district, joint	12099
vocational school district, or local taxing unit.	12100

(F) If a school district levies a tax under section 5705.219	12101
of the Revised Code, the fixed-rate levy loss for qualifying	12102
levies, to the extent repealed under that section, shall equal the	12103
sum of the following amounts in lieu of the amounts computed for	12104
such levies under division (D) of this section:	12105

(1) The sum of the rates of qualifying levies to the extent	12106
so repealed multiplied by the sum of the machinery and equipment,	12107
inventory, and furniture and fixtures tax value losses for 2009 as	12108
determined under that division;	12109

(2) The sum of the rates of qualifying levies to the extent	12110
so repealed multiplied by the telephone property tax value loss	12111
for 2011 as determined under that division.	12112

The fixed-rate levy losses for qualifying levies to the	12113
extent not repealed under section 5705.219 of the Revised Code	12114
shall be as determined under division (D) of this section. The	12115
revised fixed-rate levy losses determined under this division and	12116
division (D) of this section first apply in the year following the	12117
first year the district levies the tax under section 5705.219 of	12118
the Revised Code.	12119

(G) Not later than October 1, 2005, the tax commissioner	12120
shall certify to the department of education for every school	12121
district and joint vocational school district the machinery and	12122
equipment, inventory, furniture and fixtures, and telephone	12123
property tax value losses determined under division (C) of this	12124
section, the machinery and equipment, inventory, furniture and	12125
fixtures, and telephone fixed-rate levy losses determined under	12126
division (D) of this section, and the fixed-sum levy losses	12127
calculated under division (E) of this section. The calculations	12128
under divisions (D) and (E) of this section shall separately	12129
display the levy loss for each levy eligible for reimbursement.	12130

(H) Not later than October 1, 2005, the tax commissioner	12131
shall certify the amount of the fixed-sum levy losses to the	12132
county auditor of each county in which a school district, joint	12133
vocational school district, or local taxing unit with a fixed-sum	12134
levy loss reimbursement has territory.	12135

(I) Not later than the twenty-eighth day of February each	12136
year beginning in 2011 and ending in 2014, the tax commissioner	12137
shall certify to the department of education for each school	12138
district first levying a tax under section 5705.219 of the Revised	12139
Code in the preceding year the revised fixed-rate levy losses	12140
determined under divisions (D) and (F) of this section.	12141

Sec. 6301.01. As used in this chapter:

12142

(A) "Local area" means any of the following:

12143

(1) A municipal corporation that is authorized to administer	12144
and enforce the "Workforce Investment Act of 1998," 112 Stat. 936,	12145
29 U.S.C.A. 2801, as amended, under this chapter and is not	12146
joining in partnership with any other political subdivisions in	12147
order to do so;	12148

(2) A single county;

12149

(3) A consortium of any of the following political	12150
subdivisions:	12151

(a) A group of two or more counties in the state;

12152

(b) One or more counties and one municipal corporation in the	12153
state;	12154

(c) One or more counties with or without one municipal	12155
corporation in the state and one or more counties with or without	12156
one municipal corporation in another state, on the condition that	12157
those in another state share a labor market area with those in the	12158
state.	12159

"Local area" does not mean a region for purposes of	12160
determinations concerning administrative incentives.	12161

(B) "Municipal corporation" means a municipal corporation	12162
that is eligible for automatic or temporary designation as a local	12163
workforce investment area pursuant to section 116(a)(2) or (3) of	12164
the "Workforce Investment Act of 1998," 112 Stat. 936, 29 U.S.C.A.	12165
2831(a)(2) or (3), but that does not request that the governor	12166
grant such automatic or temporary designation, and that instead	12167
elects to administer and enforce workforce development activities	12168
pursuant to this chapter.	12169

(C) "County" means a county that is eligible to be designated	12170
as a local workforce investment area pursuant to the "Workforce	12171
Investment Act of 1998," 112 Stat. 936, 29 U.S.C.A. 2801, as	12172
amended, but that does not request such designation, and instead	12173
elects to administer and enforce workforce development activities	12174
pursuant to this chapter.	12175

(D) "Workforce development agency" means the entity given	12176
responsibility for workforce development activities that is	12177
designated by the board of county commissioners in accordance with	12178
section 330.04 of the Revised Code, the chief elected official of	12179
a municipal corporation in accordance with section 763.05 of the	12180
Revised Code, or the chief elected officials of a local area	12181
defined in division (A)(3) of this section.	12182

(E) "Workforce development activity" means a program, grant,	12183
or other function, the primary goal of which is to do one or more	12184
of the following:	12185

(1) Help individuals maximize their employment opportunities;

12186

(2) Help employers gain access to skilled workers;

12187

(3) Help employers retain skilled workers;

12188

(4) Help develop or enhance the skills of incumbent workers;

12189

(5) Improve the quality of the state's workforce;

12190

(6) Enhance the productivity and competitiveness of the	12191
state's economy.	12192

(F) "Chief elected officials," when used in reference to a	12193
local area, means the board of county commissioners of the county	12194
or of each county in the local area or, if the county has adopted	12195
a charter under Section 3 of Article X, Ohio Constitution, the	12196
chief governing body of that county, and the chief elected	12197
official of the municipal corporation, if the local area includes	12198
a municipal corporation, except that when the local area is the	12199
type defined in division (A)(1) of this section, "chief elected	12200
officials" means the chief elected official of the municipal	12201
corporation.	12202

(G) "State board" means the state workforce policy board	12203
established by section 6301.04 of the Revised Code.	12204

(H) "Local board" means a local workforce policy board	12205
created pursuant to section 6301.06 of the Revised Code.	12206

Sec. 6301.02. The director of job and family services shall	12207
administer the "Workforce Investment Act of 1998," 112 Stat. 936,	12208
29 U.S.C.A. 2801, as amended, the "Wagner-Peyser Act," 48 Stat.	12209
113 (1933), 29 U.S.C.A. 49, as amended, and the funds received	12210
pursuant to those acts. In administering those acts and funds	12211
received pursuant to those acts, the director shall ~~establish and~~	12212
~~administer~~assist the state workforce policy board in establishing	12213
and administering a workforce development system that is designed	12214
to provide leadership, support, and oversight to locally designed	12215
workforce development ~~and family services~~ systems ~~and that~~	12216
~~provides the maximum amount of flexibility and authority to~~	12217
~~counties and municipal corporations, as permitted under the~~	12218
~~"Workforce Investment Act of 1998," 112 Stat. 936, 29 U.S.C.A.~~	12219
~~2801, as amended~~. The director shall conduct investigations and	12220
hold hearings as necessary for the administration of this chapter.	12221

To the extent permitted by state and federal law, the	12222
director may adopt rules pursuant to Chapter 119. of the Revised	12223
Code to establish any program or pilot program for the purposes of	12224
providing workforce development activities or family services to	12225
individuals who do not meet eligibility criteria for those	12226
activities or services under applicable federal law. Prior to the	12227
initiation of any program of that nature, the director of budget	12228
and management shall certify to the governor that sufficient funds	12229
are available to administer a program of that nature. The state	12230
board shall have final approval of any such program.	12231

Unless otherwise prohibited by state or federal law, every	12232
state agency, board, or commission shall provide to the state	12233
board and the director all information and assistance requested by	12234
the state board and the director in furtherance of workforce	12235
development activities.	12236

Sec. 6301.03. (A) In administering the "Workforce Investment	12237
Act of 1998," 112 Stat. 936, 29 U.S.C.A. 2801, as amended, the	12238
"Wagner-Peyser Act," 48 Stat. 113 (1933), 29 U.S.C.A. 49, as	12239
amended, the funds received pursuant to those acts, and the	12240
workforce development system, the director of job and family	12241
services may, at the direction of the state board, make	12242
allocations and payment of funds for the local administration of	12243
the workforce development activities established under this	12244
chapter. ~~Pursuant to the "Workforce Investment Act of 1998," 112~~	12245
~~Stat. 936, 29 U.S.C.A. 2801, as amended, the governor shall~~	12246
~~reserve not more than fifteen per cent of the amounts allocated to~~	12247
~~the state under Title I of that act for adults, dislocated~~	12248
~~workers, and youth for statewide activities, and not more than~~	12249
~~twenty-five per cent of funds allocated for dislocated workers~~	12250
~~under Title I of that act for statewide rapid response activities.~~	12251

(B) The director shall allocate to local areas all funds	12252
required to be allocated to local areas pursuant to the "Workforce	12253
Investment Act of 1998," 112 Stat. 936, 29 U.S.C.A. 2801, as	12254
amended. The director shall make allocations only with funds	12255
available. Local areas, as defined by either section 101 of the	12256
"Workforce Investment Act of 1998," 112 Stat. 936, 29 U.S.C.A.	12257
2801, as amended, or section 6301.01 of the Revised Code, and	12258
subrecipients of a local area shall establish a workforce	12259
development fund and the entity receiving funds shall deposit all	12260
funds received under this section into the workforce development	12261
fund. All expenditures for activities funded under this section	12262
shall be made from the workforce development fund, including	12263
reimbursements to a county public assistance fund for expenditures	12264
made for activities funded under this section.	12265

(C) The use of funds, reporting requirements, and other	12266
administrative and operational requirements governing the use of	12267
funds received by the director pursuant to this section shall be	12268
governed by internal management rules adopted by ~~the director~~and	12269
approved by the state board pursuant to section 111.15 of the	12270
Revised Code.	12271

(D) To the extent permitted by state or federal law, the	12272
state board, director, local areas, counties, and municipal	12273
corporations authorized to administer workforce development	12274
activities may assess a fee for specialized services requested by	12275
an employer. The director shall adopt rules pursuant to Chapter	12276
119. of the Revised Code governing the nature and amount of those	12277
types of fees.	12278

Sec. 6301.04. The governor shall establish a state workforce	12279
policy board and appoint members to the board, who serve at the	12280
governor's pleasure, to perform duties under the "Workforce	12281
Investment Act of 1998," 112 Stat. 936, 29 U.S.C.A. 2801, as	12282
amended, as authorized by the governor. The board is not subject	12283
to sections 101.82 to 101.87 of the Revised Code. ~~The director of~~	12284
~~job and family services may~~All state agencies engaged in	12285
workforce development activities shall assist the board in the	12286
performance of its duties.	12287

(A)(1) The governor shall designate nine members of the board	12288
to be voting members. All other members shall be ex officio,	12289
nonvoting members.	12290

(2) The governor shall choose the voting members in a way	12291
that a majority of the voting board members represent business	12292
interests.	12293

(B) The board shall have the power and authority to do all of	12294
the following:	12295

(1) Provide oversight and policy direction to ensure that the	12296
state workforce development activities are aligned and serving the	12297
needs of the state's employers, incumbent workers, and job	12298
seekers;	12299

(2) Adopt rules necessary to administer state workforce	12300
development activities;	12301

(3) Adopt rules necessary for the auditing and monitoring of	12302
subrecipients of the workforce development system grant funds;	12303

(4) Designate local workforce investment areas in accordance	12304
with 29 U.S.C. 2831;	12305

(5) Develop a unified budget for all state and federal	12306
workforce funds;	12307

(6) Establish a statewide employment and data collection	12308
system;	12309

(7) Develop statewide performance measures for workforce	12310
development and investment;	12311

(8) Develop a state workforce development plan;

12312

(9) Prepare the annual report to the United States secretary	12313
of labor, pursuant to section 136(d) of the "Workforce Investment	12314
Act of 1998," 112 Stat. 936, 29 U.S.C. 2871, as amended;	12315

(10) Carry out any additional functions, duties, or	12316
responsibilities assigned to the board by the governor.	12317

Sec. 6301.07. (A) For purposes of this section, "performance	12318
character" means the career-essential relational attributes that	12319
build trust with others, including respect, honesty, integrity,	12320
task-excellence, responsibility, and resilience.	12321

(B) Every local workforce policy board, under the direction	12322
and approval of the state workforce policy board and with the	12323
agreement of the chief elected officials of the local area, and	12324
after holding public hearings that allow public comment and	12325
testimony, shall prepare a workforce development plan. The plan	12326
shall accomplish all of the following:	12327

(1) Identify the workforce investment needs of businesses in	12328
the local area, identify projected employment opportunities, and	12329
identify the job skills and performance character necessary to	12330
obtain and succeed in those opportunities;	12331

(2) Identify the local area's workforce development needs for	12332
youth, dislocated workers, adults, displaced homemakers, incumbent	12333
workers, and any other group of workers identified by the local	12334
workforce policy board;	12335

(3) Determine the distribution of workforce development	12336
resources and funding to be distributed for each workforce	12337
development activity to meet the identified needs, utilizing the	12338
funds allocated pursuant to the "Workforce Investment Act of	12339
1998," 112 Stat. 936, 29 U.S.C.A. 2801, as amended;	12340

(4) Give priority to youth receiving independent living	12341
services pursuant to sections 2151.81 to 2151.84 of the Revised	12342
Code when determining distribution of workforce development	12343
resources and workforce development activity funding;	12344

(5) Review the minimum curriculum required by the state	12345
workforce policy board for certifying training providers and	12346
identify any additional curriculum requirements to include in	12347
contracts between the training providers and the chief elected	12348
officials of the local area;	12349

(6) Establish performance standards for service providers	12350
that reflect local workforce development needs;	12351

(7) Describe any other information the chief elected	12352
officials of the local area require.	12353

~~(B)~~(C) A local workforce policy board may provide policy	12354
guidance and recommendations to the chief elected officials of a	12355
local area for any workforce development activities.	12356

~~(C)~~(D) Nothing in this section prohibits the chief elected	12357
officials of a local area from assigning, through a partnership	12358
agreement, any duties in addition to the duties under this section	12359
to a local workforce policy board, except that a local workforce	12360
policy board cannot contract with itself for the direct provision	12361
of services in its local area. A local workforce policy board may	12362
consult with the chief elected officials of its local area and	12363
make recommendations regarding the workforce development	12364
activities provided in its local area at any time.	12365

Sec. 6301.08. Every local area shall participate in a	12366
one-stop system for workforce development activities. Each board	12367
of county commissioners and the chief elected official of a	12368
municipal corporation shall ensure that at least one ~~physical~~	12369
~~location~~delivery method is available in the local area, either	12370
through a physical location, or by electronic means approved by	12371
the state board, for the provision of workforce development	12372
activities.	12373

A one-stop system may be operated by a private entity or a	12374
public agency, including a workforce development agency, any	12375
existing facility or organization that is established to	12376
administer workforce development activities in the local area, and	12377
a county family services agency.	12378

A one-stop system shall include representatives of all the	12379
partners required under the "Workforce Investment Act of 1998,"	12380
112 Stat. 936, 29 U.S.C.A. 2801, as amended. ~~Additionally, at~~	12381
~~least one representative from a county department of job and~~	12382
~~family services shall staff a one-stop system to represent all of~~	12383
~~the county family services agencies within the local area.~~	12384

Sec. 6301.10. Beginning January 1, ~~2001~~2013, and each	12385
calendar ~~quarter~~year thereafter, the ~~director of job and family~~	12386
~~services~~state board, with the assistance of all state agencies	12387
engaged in workforce development activities, shall prepare a	12388
report concerning the state of Ohio's workforce. The ~~director~~	12389
state board shall distribute the report to the president and	12390
minority leader of the senate, the speaker and minority leader of	12391
the house of representatives, ~~the state workforce policy board,~~	12392
the governor's office of Appalachian Ohio, the commission on	12393
Hispanic-Latino affairs, and the commission on African-American	12394
males.	12395

Section 101.02. That existing sections 124.38, 3301.04,	12396
3301.079, 3301.0712, 3301.0714, 3301.0715, 3301.0723, 3301.52,	12397
3301.53, 3301.58, 3301.90, 3301.922, 3302.03, 3302.032, 3302.042,	12398
3302.12, 3302.20, 3302.21, 3302.25, 3310.01, 3310.02, 3310.03,	12399
3310.04, 3310.06, 3310.07, 3310.08, 3310.10, 3310.11, 3310.13,	12400
3310.14, 3310.15, 3310.17, 3313.37, 3313.41, 3313.411, 3313.608,	12401
3313.609, 3313.6013, 3313.674, 3313.813, 3313.816, 3313.842,	12402
3313.843, 3313.845, 3313.978, 3314.012, 3314.015, 3314.016,	12403
3314.02, 3314.03, 3314.05, 3314.08, 3314.17, 3314.18, 3317.01,	12404
3317.03, 3317.11, 3318.034, 3318.36, 3318.37, 3318.371, 3318.70,	12405
3319.02, 3319.06, 3319.11, 3319.111, 3319.112, 3319.58, 3321.01,	12406
3323.011, 3323.052, 3326.03, 3326.04, 3326.10, 3326.11, 3326.17,	12407
3326.21, 3328.15, 3328.24, 3333.0411, 4139.01, 4139.03, 4139.04,	12408
4139.05, 4141.01, 4141.29, 4301.20, 5104.01, 5104.011, 5104.02,	12409
5104.21, 5104.30, 5104.31, 5104.34, 5104.38, 5709.83, 5751.20,	12410
6301.01, 6301.02, 6301.03, 6301.04, 6301.07, 6301.08, and 6301.10	12411
of the Revised Code are hereby repealed.	12412

Section 105.01. That sections 3319.19 and 3324.08 of the	12413
Revised Code are hereby repealed.	12414

Section 120.01. That sections 109.57, 2151.011, 2919.227,	12415
2923.124, 2923.126, 2923.1212, 2950.11, 2950.13, 3109.051,	12416
3701.63, 3737.22, 3742.01, 3797.06, 4511.81, 5101.29, 5103.03,	12417
5104.01, 5104.011, 5104.012, 5104.013, 5104.015, 5104.022,	12418
5104.03, 5104.04, 5104.041, 5104.052, 5104.053, 5104.054, 5104.06,	12419
5104.08, 5104.09, 5104.13, 5104.30, 5104.31, 5104.32, 5104.35,	12420
5104.36, 5104.38, 5107.60, and 5153.175 be amended, sections	12421
5104.011 (5104.015), 5104.015 (5104.25), 5104.031 (5104.035),	12422
5104.032 (5104.036), and 5104.033 (5104.037) be amended for the	12423
purpose of adopting new section numbers as indicated in	12424
parentheses, and new sections 5104.032 and 5104.033 and sections	12425
5104.016, 5104.017, 5104.018, 5104.019, 5104.0110, 5104.0111,	12426
5104.0112, 5104.034, 5104.038, 5104.039, and 5104.14 of the	12427
Revised Code be enacted to read as follows:	12428

Sec. 109.57. (A)(1) The superintendent of the bureau of	12429
criminal identification and investigation shall procure from	12430
wherever procurable and file for record photographs, pictures,	12431
descriptions, fingerprints, measurements, and other information	12432
that may be pertinent of all persons who have been convicted of	12433
committing within this state a felony, any crime constituting a	12434
misdemeanor on the first offense and a felony on subsequent	12435
offenses, or any misdemeanor described in division (A)(1)(a),	12436
(A)(8)(a), or (A)(10)(a) of section 109.572 of the Revised Code,	12437
of all children under eighteen years of age who have been	12438
adjudicated delinquent children for committing within this state	12439
an act that would be a felony or an offense of violence if	12440
committed by an adult or who have been convicted of or pleaded	12441
guilty to committing within this state a felony or an offense of	12442
violence, and of all well-known and habitual criminals. The person	12443
in charge of any county, multicounty, municipal, municipal-county,	12444
or multicounty-municipal jail or workhouse, community-based	12445
correctional facility, halfway house, alternative residential	12446
facility, or state correctional institution and the person in	12447
charge of any state institution having custody of a person	12448
suspected of having committed a felony, any crime constituting a	12449
misdemeanor on the first offense and a felony on subsequent	12450
offenses, or any misdemeanor described in division (A)(1)(a),	12451
(A)(8)(a), or (A)(10)(a) of section 109.572 of the Revised Code or	12452
having custody of a child under eighteen years of age with respect	12453
to whom there is probable cause to believe that the child may have	12454
committed an act that would be a felony or an offense of violence	12455
if committed by an adult shall furnish such material to the	12456
superintendent of the bureau. Fingerprints, photographs, or other	12457
descriptive information of a child who is under eighteen years of	12458
age, has not been arrested or otherwise taken into custody for	12459
committing an act that would be a felony or an offense of violence	12460
who is not in any other category of child specified in this	12461
division, if committed by an adult, has not been adjudicated a	12462
delinquent child for committing an act that would be a felony or	12463
an offense of violence if committed by an adult, has not been	12464
convicted of or pleaded guilty to committing a felony or an	12465
offense of violence, and is not a child with respect to whom there	12466
is probable cause to believe that the child may have committed an	12467
act that would be a felony or an offense of violence if committed	12468
by an adult shall not be procured by the superintendent or	12469
furnished by any person in charge of any county, multicounty,	12470
municipal, municipal-county, or multicounty-municipal jail or	12471
workhouse, community-based correctional facility, halfway house,	12472
alternative residential facility, or state correctional	12473
institution, except as authorized in section 2151.313 of the	12474
Revised Code.	12475

(2) Every clerk of a court of record in this state, other	12476
than the supreme court or a court of appeals, shall send to the	12477
superintendent of the bureau a weekly report containing a summary	12478
of each case involving a felony, involving any crime constituting	12479
a misdemeanor on the first offense and a felony on subsequent	12480
offenses, involving a misdemeanor described in division (A)(1)(a),	12481
(A)(8)(a), or (A)(10)(a) of section 109.572 of the Revised Code,	12482
or involving an adjudication in a case in which a child under	12483
eighteen years of age was alleged to be a delinquent child for	12484
committing an act that would be a felony or an offense of violence	12485
if committed by an adult. The clerk of the court of common pleas	12486
shall include in the report and summary the clerk sends under this	12487
division all information described in divisions (A)(2)(a) to (f)	12488
of this section regarding a case before the court of appeals that	12489
is served by that clerk. The summary shall be written on the	12490
standard forms furnished by the superintendent pursuant to	12491
division (B) of this section and shall include the following	12492
information:	12493

(a) The incident tracking number contained on the standard	12494
forms furnished by the superintendent pursuant to division (B) of	12495
this section;	12496

(b) The style and number of the case;

12497

12498

(d) The date that the person was convicted of or pleaded	12499
guilty to the offense, adjudicated a delinquent child for	12500
committing the act that would be a felony or an offense of	12501
violence if committed by an adult, found not guilty of the	12502
offense, or found not to be a delinquent child for committing an	12503
act that would be a felony or an offense of violence if committed	12504
by an adult, the date of an entry dismissing the charge, an entry	12505
declaring a mistrial of the offense in which the person is	12506
discharged, an entry finding that the person or child is not	12507
competent to stand trial, or an entry of a nolle prosequi, or the	12508
date of any other determination that constitutes final resolution	12509
of the case;	12510

(e) A statement of the original charge with the section of	12511
the Revised Code that was alleged to be violated;	12512

(f) If the person or child was convicted, pleaded guilty, or	12513
was adjudicated a delinquent child, the sentence or terms of	12514
probation imposed or any other disposition of the offender or the	12515
delinquent child.	12516

If the offense involved the disarming of a law enforcement	12517
officer or an attempt to disarm a law enforcement officer, the	12518
clerk shall clearly state that fact in the summary, and the	12519
superintendent shall ensure that a clear statement of that fact is	12520
placed in the bureau's records.	12521

(3) The superintendent shall cooperate with and assist	12522
sheriffs, chiefs of police, and other law enforcement officers in	12523
the establishment of a complete system of criminal identification	12524
and in obtaining fingerprints and other means of identification of	12525
all persons arrested on a charge of a felony, any crime	12526
constituting a misdemeanor on the first offense and a felony on	12527
subsequent offenses, or a misdemeanor described in division	12528
(A)(1)(a), (A)(8)(a), or (A)(10)(a) of section 109.572 of the	12529
Revised Code and of all children under eighteen years of age	12530
arrested or otherwise taken into custody for committing an act	12531
that would be a felony or an offense of violence if committed by	12532
an adult. The superintendent also shall file for record the	12533
fingerprint impressions of all persons confined in a county,	12534
multicounty, municipal, municipal-county, or multicounty-municipal	12535
jail or workhouse, community-based correctional facility, halfway	12536
house, alternative residential facility, or state correctional	12537
institution for the violation of state laws and of all children	12538
under eighteen years of age who are confined in a county,	12539
multicounty, municipal, municipal-county, or multicounty-municipal	12540
jail or workhouse, community-based correctional facility, halfway	12541
house, alternative residential facility, or state correctional	12542
institution or in any facility for delinquent children for	12543
committing an act that would be a felony or an offense of violence	12544
if committed by an adult, and any other information that the	12545
superintendent may receive from law enforcement officials of the	12546
state and its political subdivisions.	12547

(4) The superintendent shall carry out Chapter 2950. of the	12548
Revised Code with respect to the registration of persons who are	12549
convicted of or plead guilty to a sexually oriented offense or a	12550
child-victim oriented offense and with respect to all other duties	12551
imposed on the bureau under that chapter.	12552

(5) The bureau shall perform centralized recordkeeping	12553
functions for criminal history records and services in this state	12554
for purposes of the national crime prevention and privacy compact	12555
set forth in section 109.571 of the Revised Code and is the	12556
criminal history record repository as defined in that section for	12557
purposes of that compact. The superintendent or the	12558
superintendent's designee is the compact officer for purposes of	12559
that compact and shall carry out the responsibilities of the	12560
compact officer specified in that compact.	12561

(B) The superintendent shall prepare and furnish to every	12562
county, multicounty, municipal, municipal-county, or	12563
multicounty-municipal jail or workhouse, community-based	12564
correctional facility, halfway house, alternative residential	12565
facility, or state correctional institution and to every clerk of	12566
a court in this state specified in division (A)(2) of this section	12567
standard forms for reporting the information required under	12568
division (A) of this section. The standard forms that the	12569
superintendent prepares pursuant to this division may be in a	12570
tangible format, in an electronic format, or in both tangible	12571
formats and electronic formats.	12572

(C)(1) The superintendent may operate a center for	12573
electronic, automated, or other data processing for the storage	12574
and retrieval of information, data, and statistics pertaining to	12575
criminals and to children under eighteen years of age who are	12576
adjudicated delinquent children for committing an act that would	12577
be a felony or an offense of violence if committed by an adult,	12578
criminal activity, crime prevention, law enforcement, and criminal	12579
justice, and may establish and operate a statewide communications	12580
network to be known as the Ohio law enforcement gateway to gather	12581
and disseminate information, data, and statistics for the use of	12582
law enforcement agencies and for other uses specified in this	12583
division. The superintendent may gather, store, retrieve, and	12584
disseminate information, data, and statistics that pertain to	12585
children who are under eighteen years of age and that are gathered	12586
pursuant to sections 109.57 to 109.61 of the Revised Code together	12587
with information, data, and statistics that pertain to adults and	12588
that are gathered pursuant to those sections.	12589

(2) The superintendent or the superintendent's designee shall	12590
gather information of the nature described in division (C)(1) of	12591
this section that pertains to the offense and delinquency history	12592
of a person who has been convicted of, pleaded guilty to, or been	12593
adjudicated a delinquent child for committing a sexually oriented	12594
offense or a child-victim oriented offense for inclusion in the	12595
state registry of sex offenders and child-victim offenders	12596
maintained pursuant to division (A)(1) of section 2950.13 of the	12597
Revised Code and in the internet database operated pursuant to	12598
division (A)(13) of that section and for possible inclusion in the	12599
internet database operated pursuant to division (A)(11) of that	12600
section.	12601

(3) In addition to any other authorized use of information,	12602
data, and statistics of the nature described in division (C)(1) of	12603
this section, the superintendent or the superintendent's designee	12604
may provide and exchange the information, data, and statistics	12605
pursuant to the national crime prevention and privacy compact as	12606
described in division (A)(5) of this section.	12607

(4) The attorney general may adopt rules under Chapter 119.	12608
of the Revised Code establishing guidelines for the operation of	12609
and participation in the Ohio law enforcement gateway. The rules	12610
may include criteria for granting and restricting access to	12611
information gathered and disseminated through the Ohio law	12612
enforcement gateway. The attorney general shall permit the state	12613
medical board and board of nursing to access and view, but not	12614
alter, information gathered and disseminated through the Ohio law	12615
enforcement gateway.	12616

The attorney general may appoint a steering committee to	12617
advise the attorney general in the operation of the Ohio law	12618
enforcement gateway that is comprised of persons who are	12619
representatives of the criminal justice agencies in this state	12620
that use the Ohio law enforcement gateway and is chaired by the	12621
superintendent or the superintendent's designee.	12622

(D)(1) The following are not public records under section	12623
149.43 of the Revised Code:	12624

(a) Information and materials furnished to the superintendent	12625
pursuant to division (A) of this section;	12626

(b) Information, data, and statistics gathered or	12627
disseminated through the Ohio law enforcement gateway pursuant to	12628
division (C)(1) of this section;	12629

(c) Information and materials furnished to any board or	12630
person under division (F) or (G) of this section.	12631

(2) The superintendent or the superintendent's designee shall	12632
gather and retain information so furnished under division (A) of	12633
this section that pertains to the offense and delinquency history	12634
of a person who has been convicted of, pleaded guilty to, or been	12635
adjudicated a delinquent child for committing a sexually oriented	12636
offense or a child-victim oriented offense for the purposes	12637
described in division (C)(2) of this section.	12638

(E) The attorney general shall adopt rules, in accordance	12639
with Chapter 119. of the Revised Code, setting forth the procedure	12640
by which a person may receive or release information gathered by	12641
the superintendent pursuant to division (A) of this section. A	12642
reasonable fee may be charged for this service. If a temporary	12643
employment service submits a request for a determination of	12644
whether a person the service plans to refer to an employment	12645
position has been convicted of or pleaded guilty to an offense	12646
listed in division (A)(1), (3), (4), (5), or (6) of section	12647
109.572 of the Revised Code, the request shall be treated as a	12648
single request and only one fee shall be charged.	12649

(F)(1) As used in division (F)(2) of this section, "head	12650
start agency" means an entity in this state that has been approved	12651
to be an agency for purposes of subchapter II of the "Community	12652
Economic Development Act," 95 Stat. 489 (1981), 42 U.S.C.A. 9831,	12653
as amended.	12654

(2)(a) In addition to or in conjunction with any request that	12655
is required to be made under section 109.572, 2151.86, 3301.32,	12656
3301.541, division (C) of section 3310.58, or section 3319.39,	12657
3319.391, 3327.10, 3701.881, 5104.012, 5104.013, 5123.081,	12658
5126.28, 5126.281, or 5153.111 of the Revised Code or that is made	12659
under section 3314.41, 3319.392, 3326.25, or 3328.20 of the	12660
Revised Code, the board of education of any school district; the	12661
director of developmental disabilities; any county board of	12662
developmental disabilities; any entity under contract with a	12663
county board of developmental disabilities; the chief	12664
administrator of any chartered nonpublic school; the chief	12665
administrator of a registered private provider that is not also a	12666
chartered nonpublic school; the chief administrator of any home	12667
health agency; the chief administrator of or person operating any	12668
child day-care center, type A family day-care home, or type B	12669
family day-care home licensed ~~or certified~~ under Chapter 5104. of	12670
the Revised Code; ~~the administrator of any type C family day-care~~	12671
~~home certified pursuant to Section 1 of Sub. H.B. 62 of the 121st~~	12672
~~general assembly or Section 5 of Am. Sub. S.B. 160 of the 121st~~	12673
~~general assembly;~~ the chief administrator of any head start	12674
agency; the executive director of a public children services	12675
agency; a private company described in section 3314.41, 3319.392,	12676
3326.25, or 3328.20 of the Revised Code; or an employer described	12677
in division (J)(2) of section 3327.10 of the Revised Code may	12678
request that the superintendent of the bureau investigate and	12679
determine, with respect to any individual who has applied for	12680
employment in any position after October 2, 1989, or any	12681
individual wishing to apply for employment with a board of	12682
education may request, with regard to the individual, whether the	12683
bureau has any information gathered under division (A) of this	12684
section that pertains to that individual. On receipt of the	12685
request, the superintendent shall determine whether that	12686
information exists and, upon request of the person, board, or	12687
entity requesting information, also shall request from the federal	12688
bureau of investigation any criminal records it has pertaining to	12689
that individual. The superintendent or the superintendent's	12690
designee also may request criminal history records from other	12691
states or the federal government pursuant to the national crime	12692
prevention and privacy compact set forth in section 109.571 of the	12693
Revised Code. Within thirty days of the date that the	12694
superintendent receives a request, the superintendent shall send	12695
to the board, entity, or person a report of any information that	12696
the superintendent determines exists, including information	12697
contained in records that have been sealed under section 2953.32	12698
of the Revised Code, and, within thirty days of its receipt, shall	12699
send the board, entity, or person a report of any information	12700
received from the federal bureau of investigation, other than	12701
information the dissemination of which is prohibited by federal	12702
law.	12703

(b) When a board of education or a registered private	12704
provider is required to receive information under this section as	12705
a prerequisite to employment of an individual pursuant to division	12706
(C) of section 3310.58 or section 3319.39 of the Revised Code, it	12707
may accept a certified copy of records that were issued by the	12708
bureau of criminal identification and investigation and that are	12709
presented by an individual applying for employment with the	12710
district in lieu of requesting that information itself. In such a	12711
case, the board shall accept the certified copy issued by the	12712
bureau in order to make a photocopy of it for that individual's	12713
employment application documents and shall return the certified	12714
copy to the individual. In a case of that nature, a district or	12715
provider only shall accept a certified copy of records of that	12716
nature within one year after the date of their issuance by the	12717
bureau.	12718

(c) Notwithstanding division (F)(2)(a) of this section, in	12719
the case of a request under section 3319.39, 3319.391, or 3327.10	12720
of the Revised Code only for criminal records maintained by the	12721
federal bureau of investigation, the superintendent shall not	12722
determine whether any information gathered under division (A) of	12723
this section exists on the person for whom the request is made.	12724

(3) The state board of education may request, with respect to	12725
any individual who has applied for employment after October 2,	12726
1989, in any position with the state board or the department of	12727
education, any information that a school district board of	12728
education is authorized to request under division (F)(2) of this	12729
section, and the superintendent of the bureau shall proceed as if	12730
the request has been received from a school district board of	12731
education under division (F)(2) of this section.	12732

(4) When the superintendent of the bureau receives a request	12733
for information under section 3319.291 of the Revised Code, the	12734
superintendent shall proceed as if the request has been received	12735
from a school district board of education and shall comply with	12736
divisions (F)(2)(a) and (c) of this section.	12737

(5) When a recipient of a classroom reading improvement grant	12738
paid under section 3301.86 of the Revised Code requests, with	12739
respect to any individual who applies to participate in providing	12740
any program or service funded in whole or in part by the grant,	12741
the information that a school district board of education is	12742
authorized to request under division (F)(2)(a) of this section,	12743
the superintendent of the bureau shall proceed as if the request	12744
has been received from a school district board of education under	12745
division (F)(2)(a) of this section.	12746

(G) In addition to or in conjunction with any request that is	12747
required to be made under section 3701.881, 3712.09, 3721.121,	12748
5119.693, or 5119.85 of the Revised Code with respect to an	12749
individual who has applied for employment in a position that	12750
involves providing direct care to an older adult or adult	12751
resident, the chief administrator of a home health agency, hospice	12752
care program, home licensed under Chapter 3721. of the Revised	12753
Code, adult day-care program operated pursuant to rules adopted	12754
under section 3721.04 of the Revised Code, adult foster home, or	12755
adult care facility may request that the superintendent of the	12756
bureau investigate and determine, with respect to any individual	12757
who has applied after January 27, 1997, for employment in a	12758
position that does not involve providing direct care to an older	12759
adult or adult resident, whether the bureau has any information	12760
gathered under division (A) of this section that pertains to that	12761
individual.	12762

In addition to or in conjunction with any request that is	12763
required to be made under section 173.27 of the Revised Code with	12764
respect to an individual who has applied for employment in a	12765
position that involves providing ombudsperson services to	12766
residents of long-term care facilities or recipients of	12767
community-based long-term care services, the state long-term care	12768
ombudsperson, ombudsperson's designee, or director of health may	12769
request that the superintendent investigate and determine, with	12770
respect to any individual who has applied for employment in a	12771
position that does not involve providing such ombudsperson	12772
services, whether the bureau has any information gathered under	12773
division (A) of this section that pertains to that applicant.	12774

In addition to or in conjunction with any request that is	12775
required to be made under section 173.394 of the Revised Code with	12776
respect to an individual who has applied for employment in a	12777
position that involves providing direct care to an individual, the	12778
chief administrator of a community-based long-term care agency may	12779
request that the superintendent investigate and determine, with	12780
respect to any individual who has applied for employment in a	12781
position that does not involve providing direct care, whether the	12782
bureau has any information gathered under division (A) of this	12783
section that pertains to that applicant.	12784

On receipt of a request under this division, the	12785
superintendent shall determine whether that information exists	12786
and, on request of the individual requesting information, shall	12787
also request from the federal bureau of investigation any criminal	12788
records it has pertaining to the applicant. The superintendent or	12789
the superintendent's designee also may request criminal history	12790
records from other states or the federal government pursuant to	12791
the national crime prevention and privacy compact set forth in	12792
section 109.571 of the Revised Code. Within thirty days of the	12793
date a request is received, the superintendent shall send to the	12794
requester a report of any information determined to exist,	12795
including information contained in records that have been sealed	12796
under section 2953.32 of the Revised Code, and, within thirty days	12797
of its receipt, shall send the requester a report of any	12798
information received from the federal bureau of investigation,	12799
other than information the dissemination of which is prohibited by	12800
federal law.	12801

(H) Information obtained by a government entity or person	12802
under this section is confidential and shall not be released or	12803
disseminated.	12804

(I) The superintendent may charge a reasonable fee for	12805
providing information or criminal records under division (F)(2) or	12806
(G) of this section.	12807

(J) As used in this section:

12808

(1) "Sexually oriented offense" and "child-victim oriented	12809
offense" have the same meanings as in section 2950.01 of the	12810
Revised Code.	12811

(2) "Registered private provider" means a nonpublic school or	12812
entity registered with the superintendent of public instruction	12813
under section 3310.41 of the Revised Code to participate in the	12814
autism scholarship program or section 3310.58 of the Revised Code	12815
to participate in the Jon Peterson special needs scholarship	12816
program.	12817

Sec. 2151.011. (A) As used in the Revised Code:

12818

(1) "Juvenile court" means whichever of the following is	12819
applicable that has jurisdiction under this chapter and Chapter	12820
2152. of the Revised Code:	12821

(a) The division of the court of common pleas specified in	12822
section 2101.022 or 2301.03 of the Revised Code as having	12823
jurisdiction under this chapter and Chapter 2152. of the Revised	12824
Code or as being the juvenile division or the juvenile division	12825
combined with one or more other divisions;	12826

(b) The juvenile court of Cuyahoga county or Hamilton county	12827
that is separately and independently created by section 2151.08 or	12828
Chapter 2153. of the Revised Code and that has jurisdiction under	12829
this chapter and Chapter 2152. of the Revised Code;	12830

(c) If division (A)(1)(a) or (b) of this section does not	12831
apply, the probate division of the court of common pleas.	12832

(2) "Juvenile judge" means a judge of a court having	12833
jurisdiction under this chapter.	12834

(3) "Private child placing agency" means any association, as	12835
defined in section 5103.02 of the Revised Code, that is certified	12836
under section 5103.03 of the Revised Code to accept temporary,	12837
permanent, or legal custody of children and place the children for	12838
either foster care or adoption.	12839

(4) "Private noncustodial agency" means any person,	12840
organization, association, or society certified by the department	12841
of job and family services that does not accept temporary or	12842
permanent legal custody of children, that is privately operated in	12843
this state, and that does one or more of the following:	12844

(a) Receives and cares for children for two or more	12845
consecutive weeks;	12846

(b) Participates in the placement of children in certified	12847
foster homes;	12848

(c) Provides adoption services in conjunction with a public	12849
children services agency or private child placing agency.	12850

(B) As used in this chapter:

12851

(1) "Adequate parental care" means the provision by a child's	12852
parent or parents, guardian, or custodian of adequate food,	12853
clothing, and shelter to ensure the child's health and physical	12854
safety and the provision by a child's parent or parents of	12855
specialized services warranted by the child's physical or mental	12856
needs.	12857

(2) "Adult" means an individual who is eighteen years of age	12858
or older.	12859

(3) "Agreement for temporary custody" means a voluntary	12860
agreement authorized by section 5103.15 of the Revised Code that	12861
transfers the temporary custody of a child to a public children	12862
services agency or a private child placing agency.	12863

(4) "Alternative response" means the public children services	12864
agency's response to a report of child abuse or neglect that	12865
engages the family in a comprehensive evaluation of child safety,	12866
risk of subsequent harm, and family strengths and needs and that	12867
does not include a determination as to whether child abuse or	12868
neglect occurred.	12869

(5) "Certified foster home" means a foster home, as defined	12870
in section 5103.02 of the Revised Code, certified under section	12871
5103.03 of the Revised Code.	12872

(6) "Child" means a person who is under eighteen years of	12873
age, except that the juvenile court has jurisdiction over any	12874
person who is adjudicated an unruly child prior to attaining	12875
eighteen years of age until the person attains twenty-one years of	12876
age, and, for purposes of that jurisdiction related to that	12877
adjudication, a person who is so adjudicated an unruly child shall	12878
be deemed a "child" until the person attains twenty-one years of	12879
age.	12880

(7) "Child day camp," "child care," "child day-care center,"	12881
"part-time child day-care center," "type A family day-care home,"	12882
"~~certified~~licensed type B family day-care home," "type B family	12883
day-care home," "administrator of a child day-care center,"	12884
"administrator of a type A family day-care home," and "in-home	12885
aide," ~~and "authorized provider"~~ have the same meanings as in	12886
section 5104.01 of the Revised Code.	12887

(8) "Child care provider" means an individual who is a	12888
child-care staff member or administrator of a child day-care	12889
center, a type A family day-care home, or a type B family day-care	12890
home, or an in-home aide or an individual who is licensed, is	12891
regulated, is approved, operates under the direction of, or	12892
otherwise is certified by the department of job and family	12893
services, department of developmental disabilities, or the early	12894
childhood programs of the department of education.	12895

(9) "Chronic truant" has the same meaning as in section	12896
2152.02 of the Revised Code.	12897

(10) "Commit" means to vest custody as ordered by the court.

12898

(11) "Counseling" includes both of the following:

12899

(a) General counseling services performed by a public	12900
children services agency or shelter for victims of domestic	12901
violence to assist a child, a child's parents, and a child's	12902
siblings in alleviating identified problems that may cause or have	12903
caused the child to be an abused, neglected, or dependent child.	12904

(b) Psychiatric or psychological therapeutic counseling	12905
services provided to correct or alleviate any mental or emotional	12906
illness or disorder and performed by a licensed psychiatrist,	12907
licensed psychologist, or a person licensed under Chapter 4757. of	12908
the Revised Code to engage in social work or professional	12909
counseling.	12910

(12) "Custodian" means a person who has legal custody of a	12911
child or a public children services agency or private child	12912
placing agency that has permanent, temporary, or legal custody of	12913
a child.	12914

(13) "Delinquent child" has the same meaning as in section	12915
2152.02 of the Revised Code.	12916

(14) "Detention" means the temporary care of children pending	12917
court adjudication or disposition, or execution of a court order,	12918
in a public or private facility designed to physically restrict	12919
the movement and activities of children.	12920

(15) "Developmental disability" has the same meaning as in	12921
section 5123.01 of the Revised Code.	12922

(16) "Differential response approach" means an approach that	12923
a public children services agency may use to respond to accepted	12924
reports of child abuse or neglect with either an alternative	12925
response or a traditional response.	12926

(17) "Foster caregiver" has the same meaning as in section	12927
5103.02 of the Revised Code.	12928

(18) "Guardian" means a person, association, or corporation	12929
that is granted authority by a probate court pursuant to Chapter	12930
2111. of the Revised Code to exercise parental rights over a child	12931
to the extent provided in the court's order and subject to the	12932
residual parental rights of the child's parents.	12933

(19) "Habitual truant" means any child of compulsory school	12934
age who is absent without legitimate excuse for absence from the	12935
public school the child is supposed to attend for five or more	12936
consecutive school days, seven or more school days in one school	12937
month, or twelve or more school days in a school year.	12938

(20) "Juvenile traffic offender" has the same meaning as in	12939
section 2152.02 of the Revised Code.	12940

(21) "Legal custody" means a legal status that vests in the	12941
custodian the right to have physical care and control of the child	12942
and to determine where and with whom the child shall live, and the	12943
right and duty to protect, train, and discipline the child and to	12944
provide the child with food, shelter, education, and medical care,	12945
all subject to any residual parental rights, privileges, and	12946
responsibilities. An individual granted legal custody shall	12947
exercise the rights and responsibilities personally unless	12948
otherwise authorized by any section of the Revised Code or by the	12949
court.	12950

(22) A "legitimate excuse for absence from the public school	12951
the child is supposed to attend" includes, but is not limited to,	12952
any of the following:	12953

(a) The fact that the child in question has enrolled in and	12954
is attending another public or nonpublic school in this or another	12955
state;	12956

(b) The fact that the child in question is excused from	12957
attendance at school for any of the reasons specified in section	12958
3321.04 of the Revised Code;	12959

(c) The fact that the child in question has received an age	12960
and schooling certificate in accordance with section 3331.01 of	12961
the Revised Code.	12962

(23) "Mental illness" and "mentally ill person subject to	12963
hospitalization by court order" have the same meanings as in	12964
section 5122.01 of the Revised Code.	12965

(24) "Mental injury" means any behavioral, cognitive,	12966
emotional, or mental disorder in a child caused by an act or	12967
omission that is described in section 2919.22 of the Revised Code	12968
and is committed by the parent or other person responsible for the	12969
child's care.	12970

(25) "Mentally retarded person" has the same meaning as in	12971
section 5123.01 of the Revised Code.	12972

(26) "Nonsecure care, supervision, or training" means care,	12973
supervision, or training of a child in a facility that does not	12974
confine or prevent movement of the child within the facility or	12975
from the facility.	12976

(27) "Of compulsory school age" has the same meaning as in	12977
section 3321.01 of the Revised Code.	12978

(28) "Organization" means any institution, public,	12979
semipublic, or private, and any private association, society, or	12980
agency located or operating in the state, incorporated or	12981
unincorporated, having among its functions the furnishing of	12982
protective services or care for children, or the placement of	12983
children in certified foster homes or elsewhere.	12984

(29) "Out-of-home care" means detention facilities, shelter	12985
facilities, certified children's crisis care facilities, certified	12986
foster homes, placement in a prospective adoptive home prior to	12987
the issuance of a final decree of adoption, organizations,	12988
certified organizations, child day-care centers, type A family	12989
day-care homes, type B family day-care homes, child care provided	12990
by ~~type B family day-care home providers and by~~ in-home aides,	12991
group home providers, group homes, institutions, state	12992
institutions, residential facilities, residential care facilities,	12993
residential camps, day camps, public schools, chartered nonpublic	12994
schools, educational service centers, hospitals, and medical	12995
clinics that are responsible for the care, physical custody, or	12996
control of children.	12997

(30) "Out-of-home care child abuse" means any of the	12998
following when committed by a person responsible for the care of a	12999
child in out-of-home care:	13000

(a) Engaging in sexual activity with a child in the person's	13001
care;	13002

(b) Denial to a child, as a means of punishment, of proper or	13003
necessary subsistence, education, medical care, or other care	13004
necessary for a child's health;	13005

(c) Use of restraint procedures on a child that cause injury	13006
or pain;	13007

(d) Administration of prescription drugs or psychotropic	13008
medication to the child without the written approval and ongoing	13009
supervision of a licensed physician;	13010

(e) Commission of any act, other than by accidental means,	13011
that results in any injury to or death of the child in out-of-home	13012
care or commission of any act by accidental means that results in	13013
an injury to or death of a child in out-of-home care and that is	13014
at variance with the history given of the injury or death.	13015

(31) "Out-of-home care child neglect" means any of the	13016
following when committed by a person responsible for the care of a	13017
child in out-of-home care:	13018

(a) Failure to provide reasonable supervision according to	13019
the standards of care appropriate to the age, mental and physical	13020
condition, or other special needs of the child;	13021

(b) Failure to provide reasonable supervision according to	13022
the standards of care appropriate to the age, mental and physical	13023
condition, or other special needs of the child, that results in	13024
sexual or physical abuse of the child by any person;	13025

13026

(i) Administration of prescription drugs or psychotropic	13027
drugs for the child;	13028

(ii) Assuring that the instructions of the licensed physician	13029
who prescribed a drug for the child are followed;	13030

(iii) Reporting to the licensed physician who prescribed the	13031
drug all unfavorable or dangerous side effects from the use of the	13032
drug.	13033

(d) Failure to provide proper or necessary subsistence,	13034
education, medical care, or other individualized care necessary	13035
for the health or well-being of the child;	13036

(e) Confinement of the child to a locked room without	13037
monitoring by staff;	13038

(f) Failure to provide ongoing security for all prescription	13039
and nonprescription medication;	13040

(g) Isolation of a child for a period of time when there is	13041
substantial risk that the isolation, if continued, will impair or	13042
retard the mental health or physical well-being of the child.	13043

(32) "Permanent custody" means a legal status that vests in a	13044
public children services agency or a private child placing agency,	13045
all parental rights, duties, and obligations, including the right	13046
to consent to adoption, and divests the natural parents or	13047
adoptive parents of all parental rights, privileges, and	13048
obligations, including all residual rights and obligations.	13049

(33) "Permanent surrender" means the act of the parents or,	13050
if a child has only one parent, of the parent of a child, by a	13051
voluntary agreement authorized by section 5103.15 of the Revised	13052
Code, to transfer the permanent custody of the child to a public	13053
children services agency or a private child placing agency.	13054

(34) "Person" means an individual, association, corporation,	13055
or partnership and the state or any of its political subdivisions,	13056
departments, or agencies.	13057

(35) "Person responsible for a child's care in out-of-home	13058
care" means any of the following:	13059

(a) Any foster caregiver, in-home aide, or provider;

13060

(b) Any administrator, employee, or agent of any of the	13061
following: a public or private detention facility; shelter	13062
facility; certified children's crisis care facility; organization;	13063
certified organization; child day-care center; type A family	13064
day-care home; ~~certified~~licensed type B family day-care home;	13065
group home; institution; state institution; residential facility;	13066
residential care facility; residential camp; day camp; school	13067
district; community school; chartered nonpublic school;	13068
educational service center; hospital; or medical clinic;	13069

(c) Any person who supervises or coaches children as part of	13070
an extracurricular activity sponsored by a school district, public	13071
school, or chartered nonpublic school;	13072

(d) Any other person who performs a similar function with	13073
respect to, or has a similar relationship to, children.	13074

(36) "Physically impaired" means having one or more of the	13075
following conditions that substantially limit one or more of an	13076
individual's major life activities, including self-care, receptive	13077
and expressive language, learning, mobility, and self-direction:	13078

(a) A substantial impairment of vision, speech, or hearing;

13079

(b) A congenital orthopedic impairment;

13080

(c) An orthopedic impairment caused by disease, rheumatic	13081
fever or any other similar chronic or acute health problem, or	13082
amputation or another similar cause.	13083

(37) "Placement for adoption" means the arrangement by a	13084
public children services agency or a private child placing agency	13085
with a person for the care and adoption by that person of a child	13086
of whom the agency has permanent custody.	13087

(38) "Placement in foster care" means the arrangement by a	13088
public children services agency or a private child placing agency	13089
for the out-of-home care of a child of whom the agency has	13090
temporary custody or permanent custody.	13091

(39) "Planned permanent living arrangement" means an order of	13092
a juvenile court pursuant to which both of the following apply:	13093

(a) The court gives legal custody of a child to a public	13094
children services agency or a private child placing agency without	13095
the termination of parental rights.	13096

(b) The order permits the agency to make an appropriate	13097
placement of the child and to enter into a written agreement with	13098
a foster care provider or with another person or agency with whom	13099
the child is placed.	13100

(40) "Practice of social work" and "practice of professional	13101
counseling" have the same meanings as in section 4757.01 of the	13102
Revised Code.	13103

(41) "Sanction, service, or condition" means a sanction,	13104
service, or condition created by court order following an	13105
adjudication that a child is an unruly child that is described in	13106
division (A)(4) of section 2152.19 of the Revised Code.	13107

(42) "Protective supervision" means an order of disposition	13108
pursuant to which the court permits an abused, neglected,	13109
dependent, or unruly child to remain in the custody of the child's	13110
parents, guardian, or custodian and stay in the child's home,	13111
subject to any conditions and limitations upon the child, the	13112
child's parents, guardian, or custodian, or any other person that	13113
the court prescribes, including supervision as directed by the	13114
court for the protection of the child.	13115

(43) "Psychiatrist" has the same meaning as in section	13116
5122.01 of the Revised Code.	13117

(44) "Psychologist" has the same meaning as in section	13118
4732.01 of the Revised Code.	13119

(45) "Residential camp" means a program in which the care,	13120
physical custody, or control of children is accepted overnight for	13121
recreational or recreational and educational purposes.	13122

(46) "Residential care facility" means an institution,	13123
residence, or facility that is licensed by the department of	13124
mental health under section 5119.22 of the Revised Code and that	13125
provides care for a child.	13126

(47) "Residential facility" means a home or facility that is	13127
licensed by the department of developmental disabilities under	13128
section 5123.19 of the Revised Code and in which a child with a	13129
developmental disability resides.	13130

(48) "Residual parental rights, privileges, and	13131
responsibilities" means those rights, privileges, and	13132
responsibilities remaining with the natural parent after the	13133
transfer of legal custody of the child, including, but not	13134
necessarily limited to, the privilege of reasonable visitation,	13135
consent to adoption, the privilege to determine the child's	13136
religious affiliation, and the responsibility for support.	13137

(49) "School day" means the school day established by the	13138
state board of education pursuant to section 3313.48 of the	13139
Revised Code.	13140

(50) "School month" and "school year" have the same meanings	13141
as in section 3313.62 of the Revised Code.	13142

(51) "Secure correctional facility" means a facility under	13143
the direction of the department of youth services that is designed	13144
to physically restrict the movement and activities of children and	13145
used for the placement of children after adjudication and	13146
disposition.	13147

(52) "Sexual activity" has the same meaning as in section	13148
2907.01 of the Revised Code.	13149

(53) "Shelter" means the temporary care of children in	13150
physically unrestricted facilities pending court adjudication or	13151
disposition.	13152

(54) "Shelter for victims of domestic violence" has the same	13153
meaning as in section 3113.33 of the Revised Code.	13154

(55) "Temporary custody" means legal custody of a child who	13155
is removed from the child's home, which custody may be terminated	13156
at any time at the discretion of the court or, if the legal	13157
custody is granted in an agreement for temporary custody, by the	13158
person who executed the agreement.	13159

(56) "Traditional response" means a public children services	13160
agency's response to a report of child abuse or neglect that	13161
encourages engagement of the family in a comprehensive evaluation	13162
of the child's current and future safety needs and a fact-finding	13163
process to determine whether child abuse or neglect occurred and	13164
the circumstances surrounding the alleged harm or risk of harm.	13165

(C) For the purposes of this chapter, a child shall be	13166
presumed abandoned when the parents of the child have failed to	13167
visit or maintain contact with the child for more than ninety	13168
days, regardless of whether the parents resume contact with the	13169
child after that period of ninety days.	13170

Sec. 2919.227. (A)(1) No child care center licensee shall	13171
accept a child into that center without first providing to the	13172
parent, guardian, custodian, or other person responsible for the	13173
care of that child the following information, if the parent,	13174
guardian, custodian, or other person responsible for the care of	13175
the child requests the information:	13176

(a) The types of injuries to children, as reported in	13177
accordance with rules adopted under section ~~5104.011~~5104.015 of	13178
the Revised Code, that occurred at the center on or after April 1,	13179
2003, or the date that is two years before the date the	13180
information is requested, whichever date is more recent;	13181

(b) The number of each type of injury to children that	13182
occurred at the center during that period.	13183

(2) If a death described in division (A)(2)(a) or (A)(2)(b)	13184
of this section occurred during the fifteen-year period	13185
immediately preceding the date that the parent, guardian,	13186
custodian, or other person responsible for the care of a child	13187
seeks to enroll that child, no child care center licensee shall	13188
accept that child into that center without first providing to the	13189
parent, guardian, custodian, or other person responsible for the	13190
care of that child a notice that states that the death occurred.	13191

(a) A child died while under the care of the center or while	13192
receiving child care from the owner, provider, or administrator of	13193
the center;	13194

(b) A child died as a result of injuries suffered while under	13195
the care of the center or while receiving child care from the	13196
owner, provider, or administrator of the center.	13197

(3) Each child care center licensee shall keep on file at the	13198
center a copy of the information provided under this division for	13199
at least three years after providing the information.	13200

(B)(1) No child care center licensee shall fail to provide	13201
notice in accordance with division (B)(3) of this section to the	13202
persons and entities specified in division (B)(2) of this section	13203
if a child who is under the care of the center or is receiving	13204
child care from the owner, provider, or administrator of the	13205
center dies while under the care of the center or while receiving	13206
child care from the owner, provider, or administrator or dies as a	13207
result of injuries suffered while under the care of the center or	13208
while receiving child care from the owner, provider, or	13209
administrator.	13210

(2) A child care center licensee shall provide the notice	13211
required under division (B)(1) of this section to all of the	13212
following:	13213

(a) The parent, guardian, custodian, or other person	13214
responsible for the care of each child who, at the time of the	13215
death for which notice is required, is receiving or is enrolled to	13216
receive child care from the center;	13217

(b) The public children services agency of the county in	13218
which the center is located or the child care was given;	13219

(c) A municipal or county peace officer in the county in	13220
which the child resides or in which the center is located or the	13221
child care was given;	13222

(d) The child fatality review board appointed under section	13223
307.621 of the Revised Code that serves the county in which the	13224
center is located or the child care was given.	13225

(3) A child care center licensee shall provide the notice	13226
required by division (B)(1) of this section not later than	13227
forty-eight hours after the child dies. The notice shall state	13228
that the death occurred.	13229

(C) Whoever violates division (A) or (B) of this section is	13230
guilty of failure of a child care center to disclose the death or	13231
serious injury of a child, a misdemeanor of the fourth degree.	13232

Sec. 2923.124. As used in sections 2923.124 to 2923.1213 of	13233
the Revised Code:	13234

(A) "Application form" means the application form prescribed	13235
pursuant to division (A)(1) of section 109.731 of the Revised Code	13236
and includes a copy of that form.	13237

(B) "Competency certification" and "competency certificate"	13238
mean a document of the type described in division (B)(3) of	13239
section 2923.125 of the Revised Code.	13240

(C) "Detention facility" has the same meaning as in section	13241
2921.01 of the Revised Code.	13242

(D) "Licensee" means a person to whom a license to carry a	13243
concealed handgun has been issued under section 2923.125 of the	13244
Revised Code and, except when the context clearly indicates	13245
otherwise, includes a person to whom a temporary emergency license	13246
to carry a concealed handgun has been issued under section	13247
2923.1213 of the Revised Code.	13248

(E) "License fee" or "license renewal fee" means the fee for	13249
a license to carry a concealed handgun or the fee to renew that	13250
license that is prescribed pursuant to division (C) of section	13251
109.731 of the Revised Code and that is to be paid by an applicant	13252
for a license of that type.	13253

(F) "Peace officer" has the same meaning as in section	13254
2935.01 of the Revised Code.	13255

(G) "State correctional institution" has the same meaning as	13256
in section 2967.01 of the Revised Code.	13257

(H) "Valid license" means a license or temporary emergency	13258
license to carry a concealed handgun that has been issued under	13259
section 2923.125 or 2923.1213 of the Revised Code, that is	13260
currently valid, that is not under a suspension under division	13261
(A)(1) of section 2923.128 or under section 2923.1213 of the	13262
Revised Code, and that has not been revoked under division (B)(1)	13263
of section 2923.128 or under section 2923.1213 of the Revised	13264
Code.	13265

(I) "Civil protection order" means a protection order issued,	13266
or consent agreement approved, under section 2903.214 or 3113.31	13267
of the Revised Code.	13268

(J) "Temporary protection order" means a protection order	13269
issued under section 2903.213 or 2919.26 of the Revised Code.	13270

(K) "Protection order issued by a court of another state" has	13271
the same meaning as in section 2919.27 of the Revised Code.	13272

(L) "Child day-care center," "type A family day-care home"	13273
and "type B family day-care home" have the same meanings as in	13274
section 5104.01 of the Revised Code.	13275

(M) ~~"Type C family day-care home" means a family day-care~~	13276
~~home authorized to provide child care by Sub. H.B. 62 of the 121st~~	13277
~~general assembly, as amended by Am. Sub. S.B. 160 of the 121st~~	13278
~~general assembly and Sub. H.B. 407 of the 123rd general assembly.~~	13279

~~(N)~~ "Foreign air transportation," "interstate air	13280
transportation," and "intrastate air transportation" have the same	13281
meanings as in 49 U.S.C. 40102, as now or hereafter amended.	13282

~~(O)~~(N) "Commercial motor vehicle" has the same meaning as in	13283
division (A) of section 4506.25 of the Revised Code.	13284

~~(P)~~(O) "Motor carrier enforcement unit" has the same meaning	13285
as in section 2923.16 of the Revised Code.	13286

Sec. 2923.126. (A) A license to carry a concealed handgun	13287
that is issued under section 2923.125 of the Revised Code on or	13288
after March 14, 2007, shall expire five years after the date of	13289
issuance, and a license that is so issued prior to March 14, 2007,	13290
shall expire four years after the date of issuance. A licensee who	13291
has been issued a license under that section shall be granted a	13292
grace period of thirty days after the licensee's license expires	13293
during which the licensee's license remains valid. Except as	13294
provided in divisions (B) and (C) of this section, a licensee who	13295
has been issued a license under section 2923.125 or 2923.1213 of	13296
the Revised Code may carry a concealed handgun anywhere in this	13297
state if the licensee also carries a valid license and valid	13298
identification when the licensee is in actual possession of a	13299
concealed handgun. The licensee shall give notice of any change in	13300
the licensee's residence address to the sheriff who issued the	13301
license within forty-five days after that change.	13302

If a licensee is the driver or an occupant of a motor vehicle	13303
that is stopped as the result of a traffic stop or a stop for	13304
another law enforcement purpose and if the licensee is	13305
transporting or has a loaded handgun in the motor vehicle at that	13306
time, the licensee shall promptly inform any law enforcement	13307
officer who approaches the vehicle while stopped that the licensee	13308
has been issued a license or temporary emergency license to carry	13309
a concealed handgun and that the licensee currently possesses or	13310
has a loaded handgun; the licensee shall not knowingly disregard	13311
or fail to comply with lawful orders of a law enforcement officer	13312
given while the motor vehicle is stopped, knowingly fail to remain	13313
in the motor vehicle while stopped, or knowingly fail to keep the	13314
licensee's hands in plain sight after any law enforcement officer	13315
begins approaching the licensee while stopped and before the	13316
officer leaves, unless directed otherwise by a law enforcement	13317
officer; and the licensee shall not knowingly remove, attempt to	13318
remove, grasp, or hold the loaded handgun or knowingly have	13319
contact with the loaded handgun by touching it with the licensee's	13320
hands or fingers, in any manner in violation of division (E) of	13321
section 2923.16 of the Revised Code, after any law enforcement	13322
officer begins approaching the licensee while stopped and before	13323
the officer leaves. Additionally, if a licensee is the driver or	13324
an occupant of a commercial motor vehicle that is stopped by an	13325
employee of the motor carrier enforcement unit for the purposes	13326
defined in section 5503.04 of the Revised Code and if the licensee	13327
is transporting or has a loaded handgun in the commercial motor	13328
vehicle at that time, the licensee shall promptly inform the	13329
employee of the unit who approaches the vehicle while stopped that	13330
the licensee has been issued a license or temporary emergency	13331
license to carry a concealed handgun and that the licensee	13332
currently possesses or has a loaded handgun.	13333

If a licensee is stopped for a law enforcement purpose and if	13334
the licensee is carrying a concealed handgun at the time the	13335
officer approaches, the licensee shall promptly inform any law	13336
enforcement officer who approaches the licensee while stopped that	13337
the licensee has been issued a license or temporary emergency	13338
license to carry a concealed handgun and that the licensee	13339
currently is carrying a concealed handgun; the licensee shall not	13340
knowingly disregard or fail to comply with lawful orders of a law	13341
enforcement officer given while the licensee is stopped or	13342
knowingly fail to keep the licensee's hands in plain sight after	13343
any law enforcement officer begins approaching the licensee while	13344
stopped and before the officer leaves, unless directed otherwise	13345
by a law enforcement officer; and the licensee shall not knowingly	13346
remove, attempt to remove, grasp, or hold the loaded handgun or	13347
knowingly have contact with the loaded handgun by touching it with	13348
the licensee's hands or fingers, in any manner in violation of	13349
division (B) of section 2923.12 of the Revised Code, after any law	13350
enforcement officer begins approaching the licensee while stopped	13351
and before the officer leaves.	13352

(B) A valid license issued under section 2923.125 or	13353
2923.1213 of the Revised Code does not authorize the licensee to	13354
carry a concealed handgun in any manner prohibited under division	13355
(B) of section 2923.12 of the Revised Code or in any manner	13356
prohibited under section 2923.16 of the Revised Code. A valid	13357
license does not authorize the licensee to carry a concealed	13358
handgun into any of the following places:	13359

(1) A police station, sheriff's office, or state highway	13360
patrol station, premises controlled by the bureau of criminal	13361
identification and investigation, a state correctional	13362
institution, jail, workhouse, or other detention facility, an	13363
airport passenger terminal, or an institution that is maintained,	13364
operated, managed, and governed pursuant to division (A) of	13365
section 5119.02 of the Revised Code or division (A)(1) of section	13366
5123.03 of the Revised Code;	13367

(2) A school safety zone if the licensee's carrying the	13368
concealed handgun is in violation of section 2923.122 of the	13369
Revised Code;	13370

(3) A courthouse or another building or structure in which a	13371
courtroom is located, in violation of section 2923.123 of the	13372
Revised Code;	13373

(4) Any premises or open air arena for which a D permit has	13374
been issued under Chapter 4303. of the Revised Code if the	13375
licensee's carrying the concealed handgun is in violation of	13376
section 2923.121 of the Revised Code;	13377

(5) Any premises owned or leased by any public or private	13378
college, university, or other institution of higher education,	13379
unless the handgun is in a locked motor vehicle or the licensee is	13380
in the immediate process of placing the handgun in a locked motor	13381
vehicle;	13382

(6) Any church, synagogue, mosque, or other place of worship,	13383
unless the church, synagogue, mosque, or other place of worship	13384
posts or permits otherwise;	13385

(7) A child day-care center, a type A family day-care home,	13386
or a type B family day-care home~~, or a type C family day-care~~	13387
~~home~~, except that this division does not prohibit a licensee who	13388
resides in a type A family day-care home,or a type B family	13389
day-care home~~, or a type C family day-care home~~ from carrying a	13390
concealed handgun at any time in any part of the home that is not	13391
dedicated or used for day-care purposes, or from carrying a	13392
concealed handgun in a part of the home that is dedicated or used	13393
for day-care purposes at any time during which no children, other	13394
than children of that licensee, are in the home;	13395

(8) An aircraft that is in, or intended for operation in,	13396
foreign air transportation, interstate air transportation,	13397
intrastate air transportation, or the transportation of mail by	13398
aircraft;	13399

(9) Any building that is a government facility of this state	13400
or a political subdivision of this state and that is not a	13401
building that is used primarily as a shelter, restroom, parking	13402
facility for motor vehicles, or rest facility and is not a	13403
courthouse or other building or structure in which a courtroom is	13404
located that is subject to division (B)(3) of this section;	13405

(10) A place in which federal law prohibits the carrying of	13406
handguns.	13407

(C)(1) Nothing in this section shall negate or restrict a	13408
rule, policy, or practice of a private employer that is not a	13409
private college, university, or other institution of higher	13410
education concerning or prohibiting the presence of firearms on	13411
the private employer's premises or property, including motor	13412
vehicles owned by the private employer. Nothing in this section	13413
shall require a private employer of that nature to adopt a rule,	13414
policy, or practice concerning or prohibiting the presence of	13415
firearms on the private employer's premises or property, including	13416
motor vehicles owned by the private employer.	13417

(2)(a) A private employer shall be immune from liability in a	13418
civil action for any injury, death, or loss to person or property	13419
that allegedly was caused by or related to a licensee bringing a	13420
handgun onto the premises or property of the private employer,	13421
including motor vehicles owned by the private employer, unless the	13422
private employer acted with malicious purpose. A private employer	13423
is immune from liability in a civil action for any injury, death,	13424
or loss to person or property that allegedly was caused by or	13425
related to the private employer's decision to permit a licensee to	13426
bring, or prohibit a licensee from bringing, a handgun onto the	13427
premises or property of the private employer. As used in this	13428
division, "private employer" includes a private college,	13429
university, or other institution of higher education.	13430

(b) A political subdivision shall be immune from liability in	13431
a civil action, to the extent and in the manner provided in	13432
Chapter 2744. of the Revised Code, for any injury, death, or loss	13433
to person or property that allegedly was caused by or related to a	13434
licensee bringing a handgun onto any premises or property owned,	13435
leased, or otherwise under the control of the political	13436
subdivision. As used in this division, "political subdivision" has	13437
the same meaning as in section 2744.01 of the Revised Code.	13438

(3)(a) Except as provided in division (C)(3)(b) of this	13439
section, the owner or person in control of private land or	13440
premises, and a private person or entity leasing land or premises	13441
owned by the state, the United States, or a political subdivision	13442
of the state or the United States, may post a sign in a	13443
conspicuous location on that land or on those premises prohibiting	13444
persons from carrying firearms or concealed firearms on or onto	13445
that land or those premises. Except as otherwise provided in this	13446
division, a person who knowingly violates a posted prohibition of	13447
that nature is guilty of criminal trespass in violation of	13448
division (A)(4) of section 2911.21 of the Revised Code and is	13449
guilty of a misdemeanor of the fourth degree. If a person	13450
knowingly violates a posted prohibition of that nature and the	13451
posted land or premises primarily was a parking lot or other	13452
parking facility, the person is not guilty of criminal trespass in	13453
violation of division (A)(4) of section 2911.21 of the Revised	13454
Code and instead is subject only to a civil cause of action for	13455
trespass based on the violation.	13456

(b) A landlord may not prohibit or restrict a tenant who is a	13457
licensee and who on or after ~~the effective date of this amendment~~	13458
September 9, 2008, enters into a rental agreement with the	13459
landlord for the use of residential premises, and the tenant's	13460
guest while the tenant is present, from lawfully carrying or	13461
possessing a handgun on those residential premises.	13462

13463

(i) "Residential premises" has the same meaning as in section	13464
5321.01 of the Revised Code, except "residential premises" does	13465
not include a dwelling unit that is owned or operated by a college	13466
or university.	13467

(ii) "Landlord," "tenant," and "rental agreement" have the	13468
same meanings as in section 5321.01 of the Revised Code.	13469

(D) A person who holds a license to carry a concealed handgun	13470
that was issued pursuant to the law of another state that is	13471
recognized by the attorney general pursuant to a reciprocity	13472
agreement entered into pursuant to section 109.69 of the Revised	13473
Code has the same right to carry a concealed handgun in this state	13474
as a person who was issued a license to carry a concealed handgun	13475
under section 2923.125 of the Revised Code and is subject to the	13476
same restrictions that apply to a person who carries a license	13477
issued under that section.	13478

(E) A peace officer has the same right to carry a concealed	13479
handgun in this state as a person who was issued a license to	13480
carry a concealed handgun under section 2923.125 of the Revised	13481
Code. For purposes of reciprocity with other states, a peace	13482
officer shall be considered to be a licensee in this state.	13483

(F)(1) A qualified retired peace officer who possesses a	13484
retired peace officer identification card issued pursuant to	13485
division (F)(2) of this section and a valid firearms	13486
requalification certification issued pursuant to division (F)(3)	13487
of this section has the same right to carry a concealed handgun in	13488
this state as a person who was issued a license to carry a	13489
concealed handgun under section 2923.125 of the Revised Code and	13490
is subject to the same restrictions that apply to a person who	13491
carries a license issued under that section. For purposes of	13492
reciprocity with other states, a qualified retired peace officer	13493
who possesses a retired peace officer identification card issued	13494
pursuant to division (F)(2) of this section and a valid firearms	13495
requalification certification issued pursuant to division (F)(3)	13496
of this section shall be considered to be a licensee in this	13497
state.	13498

(2)(a) Each public agency of this state or of a political	13499
subdivision of this state that is served by one or more peace	13500
officers shall issue a retired peace officer identification card	13501
to any person who retired from service as a peace officer with	13502
that agency, if the issuance is in accordance with the agency's	13503
policies and procedures and if the person, with respect to the	13504
person's service with that agency, satisfies all of the following:	13505

(i) The person retired in good standing from service as a	13506
peace officer with the public agency, and the retirement was not	13507
for reasons of mental instability.	13508

(ii) Before retiring from service as a peace officer with	13509
that agency, the person was authorized to engage in or supervise	13510
the prevention, detection, investigation, or prosecution of, or	13511
the incarceration of any person for, any violation of law and the	13512
person had statutory powers of arrest.	13513

(iii) At the time of the person's retirement as a peace	13514
officer with that agency, the person was trained and qualified to	13515
carry firearms in the performance of the peace officer's duties.	13516

(iv) Before retiring from service as a peace officer with	13517
that agency, the person was regularly employed as a peace officer	13518
for an aggregate of fifteen years or more, or, in the alternative,	13519
the person retired from service as a peace officer with that	13520
agency, after completing any applicable probationary period of	13521
that service, due to a service-connected disability, as determined	13522
by the agency.	13523

(b) A retired peace officer identification card issued to a	13524
person under division (F)(2)(a) of this section shall identify the	13525
person by name, contain a photograph of the person, identify the	13526
public agency of this state or of the political subdivision of	13527
this state from which the person retired as a peace officer and	13528
that is issuing the identification card, and specify that the	13529
person retired in good standing from service as a peace officer	13530
with the issuing public agency and satisfies the criteria set	13531
forth in divisions (F)(2)(a)(i) to (iv) of this section. In	13532
addition to the required content specified in this division, a	13533
retired peace officer identification card issued to a person under	13534
division (F)(2)(a) of this section may include the firearms	13535
requalification certification described in division (F)(3) of this	13536
section, and if the identification card includes that	13537
certification, the identification card shall serve as the firearms	13538
requalification certification for the retired peace officer. If	13539
the issuing public agency issues credentials to active law	13540
enforcement officers who serve the agency, the agency may comply	13541
with division (F)(2)(a) of this section by issuing the same	13542
credentials to persons who retired from service as a peace officer	13543
with the agency and who satisfy the criteria set forth in	13544
divisions (F)(2)(a)(i) to (iv) of this section, provided that the	13545
credentials so issued to retired peace officers are stamped with	13546
the word "RETIRED."	13547

(c) A public agency of this state or of a political	13548
subdivision of this state may charge persons who retired from	13549
service as a peace officer with the agency a reasonable fee for	13550
issuing to the person a retired peace officer identification card	13551
pursuant to division (F)(2)(a) of this section.	13552

(3) If a person retired from service as a peace officer with	13553
a public agency of this state or of a political subdivision of	13554
this state and the person satisfies the criteria set forth in	13555
divisions (F)(2)(a)(i) to (iv) of this section, the public agency	13556
may provide the retired peace officer with the opportunity to	13557
attend a firearms requalification program that is approved for	13558
purposes of firearms requalification required under section	13559
109.801 of the Revised Code. The retired peace officer may be	13560
required to pay the cost of the course.	13561

If a retired peace officer who satisfies the criteria set	13562
forth in divisions (F)(2)(a)(i) to (iv) of this section attends a	13563
firearms requalification program that is approved for purposes of	13564
firearms requalification required under section 109.801 of the	13565
Revised Code, the retired peace officer's successful completion of	13566
the firearms requalification program requalifies the retired peace	13567
officer for purposes of division (F) of this section for five	13568
years from the date on which the program was successfully	13569
completed, and the requalification is valid during that five-year	13570
period. If a retired peace officer who satisfies the criteria set	13571
forth in divisions (F)(2)(a)(i) to (iv) of this section	13572
satisfactorily completes such a firearms requalification program,	13573
the retired peace officer shall be issued a firearms	13574
requalification certification that identifies the retired peace	13575
officer by name, identifies the entity that taught the program,	13576
specifies that the retired peace officer successfully completed	13577
the program, specifies the date on which the course was	13578
successfully completed, and specifies that the requalification is	13579
valid for five years from that date of successful completion. The	13580
firearms requalification certification for a retired peace officer	13581
may be included in the retired peace officer identification card	13582
issued to the retired peace officer under division (F)(2) of this	13583
section.	13584

A retired peace officer who attends a firearms	13585
requalification program that is approved for purposes of firearms	13586
requalification required under section 109.801 of the Revised Code	13587
may be required to pay the cost of the program.	13588

(G) As used in this section:

13589

(1) "Qualified retired peace officer" means a person who	13590
satisfies all of the following:	13591

(a) The person satisfies the criteria set forth in divisions	13592
(F)(2)(a)(i) to (v) of this section.	13593

(b) The person is not under the influence of alcohol or	13594
another intoxicating or hallucinatory drug or substance.	13595

(c) The person is not prohibited by federal law from	13596
receiving firearms.	13597

(2) "Retired peace officer identification card" means an	13598
identification card that is issued pursuant to division (F)(2) of	13599
this section to a person who is a retired peace officer.	13600

(3) "Government facility of this state or a political	13601
subdivision of this state" means any of the following:	13602

(a) A building or part of a building that is owned or leased	13603
by the government of this state or a political subdivision of this	13604
state and where employees of the government of this state or the	13605
political subdivision regularly are present for the purpose of	13606
performing their official duties as employees of the state or	13607
political subdivision;	13608

(b) The office of a deputy registrar serving pursuant to	13609
Chapter 4503. of the Revised Code that is used to perform deputy	13610
registrar functions.	13611

Sec. 2923.1212. (A) The following persons, boards, and	13612
entities, or designees, shall post in the following locations a	13613
sign that contains a statement in substantially the following	13614
form: "Unless otherwise authorized by law, pursuant to the Ohio	13615
Revised Code, no person shall knowingly possess, have under the	13616
person's control, convey, or attempt to convey a deadly weapon or	13617
dangerous ordnance onto these premises.":	13618

(1) The director of public safety or the person or board	13619
charged with the erection, maintenance, or repair of police	13620
stations, municipal jails, and the municipal courthouse and	13621
courtrooms in a conspicuous location at all police stations,	13622
municipal jails, and municipal courthouses and courtrooms;	13623

(2) The sheriff or sheriff's designee who has charge of the	13624
sheriff's office in a conspicuous location in that office;	13625

(3) The superintendent of the state highway patrol or the	13626
superintendent's designee in a conspicuous location at all state	13627
highway patrol stations;	13628

(4) Each sheriff, chief of police, or person in charge of	13629
every county, multicounty, municipal, municipal-county, or	13630
multicounty-municipal jail or workhouse, community-based	13631
correctional facility, halfway house, alternative residential	13632
facility, or other local or state correctional institution or	13633
detention facility within the state, or that person's designee, in	13634
a conspicuous location at that facility under that person's	13635
charge;	13636

(5) The board of trustees of a regional airport authority,	13637
chief administrative officer of an airport facility, or other	13638
person in charge of an airport facility in a conspicuous location	13639
at each airport facility under that person's control;	13640

(6) The officer or officer's designee who has charge of a	13641
courthouse or the building or structure in which a courtroom is	13642
located in a conspicuous location in that building or structure;	13643

(7) The superintendent of the bureau of criminal	13644
identification and investigation or the superintendent's designee	13645
in a conspicuous location in all premises controlled by that	13646
bureau;	13647

(8) The owner, administrator, or operator of a child day-care	13648
center, a type A family day-care home, or a type B family day-care	13649
home~~, or a type C family day-care home~~;	13650

(9) The officer of this state or of a political subdivision	13651
of this state, or the officer's designee, who has charge of a	13652
building that is a government facility of this state or the	13653
political subdivision of this state, as defined in section	13654
2923.126 of the Revised Code, and that is not a building that is	13655
used primarily as a shelter, restroom, parking facility for motor	13656
vehicles, or rest facility and is not a courthouse or other	13657
building or structure in which a courtroom is located that is	13658
subject to division (B)(3) of that section.	13659

(B) The following boards, bodies, and persons, or designees,	13660
shall post in the following locations a sign that contains a	13661
statement in substantially the following form: "Unless otherwise	13662
authorized by law, pursuant to Ohio Revised Code section 2923.122,	13663
no person shall knowingly possess, have under the person's	13664
control, convey, or attempt to convey a deadly weapon or dangerous	13665
ordnance into a school safety zone.":	13666

(1) A board of education of a city, local, exempted village,	13667
or joint vocational school district or that board's designee in a	13668
conspicuous location in each building and on each parcel of real	13669
property owned or controlled by the board;	13670

(2) A governing body of a school for which the state board of	13671
education prescribes minimum standards under section 3301.07 of	13672
the Revised Code or that body's designee in a conspicuous location	13673
in each building and on each parcel of real property owned or	13674
controlled by the school;	13675

(3) The principal or chief administrative officer of a	13676
nonpublic school in a conspicuous location on property owned or	13677
controlled by that nonpublic school.	13678

Sec. 2950.11. (A) Regardless of when the sexually oriented	13679
offense or child-victim oriented offense was committed, if a	13680
person is convicted of, pleads guilty to, has been convicted of,	13681
or has pleaded guilty to a sexually oriented offense or a	13682
child-victim oriented offense or a person is or has been	13683
adjudicated a delinquent child for committing a sexually oriented	13684
offense or a child-victim oriented offense and is classified a	13685
juvenile offender registrant or is an out-of-state juvenile	13686
offender registrant based on that adjudication, and if the	13687
offender or delinquent child is in any category specified in	13688
division (F)(1)(a), (b), or (c) of this section, the sheriff with	13689
whom the offender or delinquent child has most recently registered	13690
under section 2950.04, 2950.041, or 2950.05 of the Revised Code	13691
and the sheriff to whom the offender or delinquent child most	13692
recently sent a notice of intent to reside under section 2950.04	13693
or 2950.041 of the Revised Code, within the period of time	13694
specified in division (C) of this section, shall provide a written	13695
notice containing the information set forth in division (B) of	13696
this section to all of the persons described in divisions (A)(1)	13697
to (10) of this section. If the sheriff has sent a notice to the	13698
persons described in those divisions as a result of receiving a	13699
notice of intent to reside and if the offender or delinquent child	13700
registers a residence address that is the same residence address	13701
described in the notice of intent to reside, the sheriff is not	13702
required to send an additional notice when the offender or	13703
delinquent child registers. The sheriff shall provide the notice	13704
to all of the following persons:	13705

(1)(a) Any occupant of each residential unit that is located	13706
within one thousand feet of the offender's or delinquent child's	13707
residential premises, that is located within the county served by	13708
the sheriff, and that is not located in a multi-unit building.	13709
Division (D)(3) of this section applies regarding notices required	13710
under this division.	13711

(b) If the offender or delinquent child resides in a	13712
multi-unit building, any occupant of each residential unit that is	13713
located in that multi-unit building and that shares a common	13714
hallway with the offender or delinquent child. For purposes of	13715
this division, an occupant's unit shares a common hallway with the	13716
offender or delinquent child if the entrance door into the	13717
occupant's unit is located on the same floor and opens into the	13718
same hallway as the entrance door to the unit the offender or	13719
delinquent child occupies. Division (D)(3) of this section applies	13720
regarding notices required under this division.	13721

(c) The building manager, or the person the building owner or	13722
condominium unit owners association authorizes to exercise	13723
management and control, of each multi-unit building that is	13724
located within one thousand feet of the offender's or delinquent	13725
child's residential premises, including a multi-unit building in	13726
which the offender or delinquent child resides, and that is	13727
located within the county served by the sheriff. In addition to	13728
notifying the building manager or the person authorized to	13729
exercise management and control in the multi-unit building under	13730
this division, the sheriff shall post a copy of the notice	13731
prominently in each common entryway in the building and any other	13732
location in the building the sheriff determines appropriate. The	13733
manager or person exercising management and control of the	13734
building shall permit the sheriff to post copies of the notice	13735
under this division as the sheriff determines appropriate. In lieu	13736
of posting copies of the notice as described in this division, a	13737
sheriff may provide notice to all occupants of the multi-unit	13738
building by mail or personal contact; if the sheriff so notifies	13739
all the occupants, the sheriff is not required to post copies of	13740
the notice in the common entryways to the building. Division	13741
(D)(3) of this section applies regarding notices required under	13742
this division.	13743

(d) All additional persons who are within any category of	13744
neighbors of the offender or delinquent child that the attorney	13745
general by rule adopted under section 2950.13 of the Revised Code	13746
requires to be provided the notice and who reside within the	13747
county served by the sheriff;	13748

(2) The executive director of the public children services	13749
agency that has jurisdiction within the specified geographical	13750
notification area and that is located within the county served by	13751
the sheriff;	13752

(3)(a) The superintendent of each board of education of a	13753
school district that has schools within the specified geographical	13754
notification area and that is located within the county served by	13755
the sheriff;	13756

(b) The principal of the school within the specified	13757
geographical notification area and within the county served by the	13758
sheriff that the delinquent child attends;	13759

(c) If the delinquent child attends a school outside of the	13760
specified geographical notification area or outside of the school	13761
district where the delinquent child resides, the superintendent of	13762
the board of education of a school district that governs the	13763
school that the delinquent child attends and the principal of the	13764
school that the delinquent child attends.	13765

(4)(a) The appointing or hiring officer of each chartered	13766
nonpublic school located within the specified geographical	13767
notification area and within the county served by the sheriff or	13768
of each other school located within the specified geographical	13769
notification area and within the county served by the sheriff and	13770
that is not operated by a board of education described in division	13771
(A)(3) of this section;	13772

(b) Regardless of the location of the school, the appointing	13773
or hiring officer of a chartered nonpublic school that the	13774
delinquent child attends.	13775

(5) The director, head teacher, elementary principal, or site	13776
administrator of each preschool program governed by Chapter 3301.	13777
of the Revised Code that is located within the specified	13778
geographical notification area and within the county served by the	13779
sheriff;	13780

(6) The administrator of each child day-care center or type A	13781
family day-care home that is located within the specified	13782
geographical notification area and within the county served by the	13783
sheriff, ~~and the provider of~~ each ~~certified~~holder of a license to	13784
operate a type B family day-care home that is located within the	13785
specified geographical notification area and within the county	13786
served by the sheriff. As used in this division, "child day-care	13787
center," "type A family day-care home," and "~~certified~~ type B	13788
family day-care home" have the same meanings as in section 5104.01	13789
of the Revised Code.	13790

(7) The president or other chief administrative officer of	13791
each institution of higher education, as defined in section	13792
2907.03 of the Revised Code, that is located within the specified	13793
geographical notification area and within the county served by the	13794
sheriff, and the chief law enforcement officer of the state	13795
university law enforcement agency or campus police department	13796
established under section 3345.04 or 1713.50 of the Revised Code,	13797
if any, that serves that institution;	13798

(8) The sheriff of each county that includes any portion of	13799
the specified geographical notification area;	13800

(9) If the offender or delinquent child resides within the	13801
county served by the sheriff, the chief of police, marshal, or	13802
other chief law enforcement officer of the municipal corporation	13803
in which the offender or delinquent child resides or, if the	13804
offender or delinquent child resides in an unincorporated area,	13805
the constable or chief of the police department or police district	13806
police force of the township in which the offender or delinquent	13807
child resides;	13808

(10) Volunteer organizations in which contact with minors or	13809
other vulnerable individuals might occur or any organization,	13810
company, or individual who requests notification as provided in	13811
division (J) of this section.	13812

(B) The notice required under division (A) of this section	13813
shall include all of the following information regarding the	13814
subject offender or delinquent child:	13815

(1) The offender's or delinquent child's name;

13816

(2) The address or addresses of the offender's or public	13817
registry-qualified juvenile offender registrant's residence,	13818
school, institution of higher education, or place of employment,	13819
as applicable, or the residence address or addresses of a	13820
delinquent child who is not a public registry-qualified juvenile	13821
offender registrant;	13822

(3) The sexually oriented offense or child-victim oriented	13823
offense of which the offender was convicted, to which the offender	13824
pleaded guilty, or for which the child was adjudicated a	13825
delinquent child;	13826

(4) A statement that identifies the category specified in	13827
division (F)(1)(a), (b), or (c) of this section that includes the	13828
offender or delinquent child and that subjects the offender or	13829
delinquent child to this section;	13830

(5) The offender's or delinquent child's photograph.

13831

(C) If a sheriff with whom an offender or delinquent child	13832
registers under section 2950.04, 2950.041, or 2950.05 of the	13833
Revised Code or to whom the offender or delinquent child most	13834
recently sent a notice of intent to reside under section 2950.04	13835
or 2950.041 of the Revised Code is required by division (A) of	13836
this section to provide notices regarding an offender or	13837
delinquent child and if, pursuant to that requirement, the sheriff	13838
provides a notice to a sheriff of one or more other counties in	13839
accordance with division (A)(8) of this section, the sheriff of	13840
each of the other counties who is provided notice under division	13841
(A)(8) of this section shall provide the notices described in	13842
divisions (A)(1) to (7) and (A)(9) and (10) of this section to	13843
each person or entity identified within those divisions that is	13844
located within the specified geographical notification area and	13845
within the county served by the sheriff in question.	13846

(D)(1) A sheriff required by division (A) or (C) of this	13847
section to provide notices regarding an offender or delinquent	13848
child shall provide the notice to the neighbors that are described	13849
in division (A)(1) of this section and the notices to law	13850
enforcement personnel that are described in divisions (A)(8) and	13851
(9) of this section as soon as practicable, but no later than five	13852
days after the offender sends the notice of intent to reside to	13853
the sheriff and again no later than five days after the offender	13854
or delinquent child registers with the sheriff or, if the sheriff	13855
is required by division (C) of this section to provide the	13856
notices, no later than five days after the sheriff is provided the	13857
notice described in division (A)(8) of this section.	13858

A sheriff required by division (A) or (C) of this section to	13859
provide notices regarding an offender or delinquent child shall	13860
provide the notices to all other specified persons that are	13861
described in divisions (A)(2) to (7) and (A)(10) of this section	13862
as soon as practicable, but not later than seven days after the	13863
offender or delinquent child registers with the sheriff or, if the	13864
sheriff is required by division (C) of this section to provide the	13865
notices, no later than five days after the sheriff is provided the	13866
notice described in division (A)(8) of this section.	13867

(2) If an offender or delinquent child in relation to whom	13868
division (A) of this section applies verifies the offender's or	13869
delinquent child's current residence, school, institution of	13870
higher education, or place of employment address, as applicable,	13871
with a sheriff pursuant to section 2950.06 of the Revised Code,	13872
the sheriff may provide a written notice containing the	13873
information set forth in division (B) of this section to the	13874
persons identified in divisions (A)(1) to (10) of this section. If	13875
a sheriff provides a notice pursuant to this division to the	13876
sheriff of one or more other counties in accordance with division	13877
(A)(8) of this section, the sheriff of each of the other counties	13878
who is provided the notice under division (A)(8) of this section	13879
may provide, but is not required to provide, a written notice	13880
containing the information set forth in division (B) of this	13881
section to the persons identified in divisions (A)(1) to (7) and	13882
(A)(9) and (10) of this section.	13883

(3) A sheriff may provide notice under division (A)(1)(a) or	13884
(b) of this section, and may provide notice under division	13885
(A)(1)(c) of this section to a building manager or person	13886
authorized to exercise management and control of a building, by	13887
mail, by personal contact, or by leaving the notice at or under	13888
the entry door to a residential unit. For purposes of divisions	13889
(A)(1)(a) and (b) of this section, and the portion of division	13890
(A)(1)(c) of this section relating to the provision of notice to	13891
occupants of a multi-unit building by mail or personal contact,	13892
the provision of one written notice per unit is deemed as	13893
providing notice to all occupants of that unit.	13894

(E) All information that a sheriff possesses regarding an	13895
offender or delinquent child who is in a category specified in	13896
division (F)(1)(a), (b), or (c) of this section that is described	13897
in division (B) of this section and that must be provided in a	13898
notice required under division (A) or (C) of this section or that	13899
may be provided in a notice authorized under division (D)(2) of	13900
this section is a public record that is open to inspection under	13901
section 149.43 of the Revised Code.	13902

The sheriff shall not cause to be publicly disseminated by	13903
means of the internet any of the information described in this	13904
division that is provided by a delinquent child unless that child	13905
is in a category specified in division (F)(1)(a), (b), or (c) of	13906
this section.	13907

(F)(1) Except as provided in division (F)(2) of this section,	13908
the duties to provide the notices described in divisions (A) and	13909
(C) of this section apply regarding any offender or delinquent	13910
child who is in any of the following categories:	13911

(a) The offender is a tier III sex offender/child-victim	13912
offender, or the delinquent child is a public registry-qualified	13913
juvenile offender registrant, and a juvenile court has not removed	13914
pursuant to section 2950.15 of the Revised Code the delinquent	13915
child's duty to comply with sections 2950.04, 2950.041, 2950.05,	13916
and 2950.06 of the Revised Code.	13917

(b) The delinquent child is a tier III sex	13918
offender/child-victim offender who is not a ~~public-registry~~	13919
~~qualified~~public registry-qualified juvenile offender registrant,	13920
the delinquent child was subjected to this section prior to ~~the~~	13921
~~effective date of this amendment~~January 1, 2008, as a sexual	13922
predator, habitual sex offender, child-victim predator, or	13923
habitual child-victim offender, as those terms were defined in	13924
section 2950.01 of the Revised Code as it existed prior to ~~the~~	13925
~~effective date of this amendment~~January 1, 2008, and a juvenile	13926
court has not removed pursuant to section 2152.84 or 2152.85 of	13927
the Revised Code the delinquent child's duty to comply with	13928
sections 2950.04, 2950.041, 2950.05, and 2950.06 of the Revised	13929
Code.	13930

(c) The delinquent child is a tier III sex	13931
offender/child-victim offender who is not a public	13932
registry-qualified juvenile offender registrant, the delinquent	13933
child was classified a juvenile offender registrant on or after	13934
~~the effective date of this amendment~~January 1, 2008, the court	13935
has imposed a requirement under section 2152.82, 2152.83, or	13936
2152.84 of the Revised Code subjecting the delinquent child to	13937
this section, and a juvenile court has not removed pursuant to	13938
section 2152.84 or 2152.85 of the Revised Code the delinquent	13939
child's duty to comply with sections 2950.04, 2950.041, 2950.05,	13940
and 2950.06 of the Revised Code.	13941

(2) The notification provisions of this section do not apply	13942
to a person described in division (F)(1)(a), (b), or (c) of this	13943
section if a court finds at a hearing after considering the	13944
factors described in this division that the person would not be	13945
subject to the notification provisions of this section that were	13946
in the version of this section that existed immediately prior to	13947
~~the effective date of this amendment~~January 1, 2008. In making	13948
the determination of whether a person would have been subject to	13949
the notification provisions under prior law as described in this	13950
division, the court shall consider the following factors:	13951

(a) The offender's or delinquent child's age;

13952

(b) The offender's or delinquent child's prior criminal or	13953
delinquency record regarding all offenses, including, but not	13954
limited to, all sexual offenses;	13955

(c) The age of the victim of the sexually oriented offense	13956
for which sentence is to be imposed or the order of disposition is	13957
to be made;	13958

(d) Whether the sexually oriented offense for which sentence	13959
is to be imposed or the order of disposition is to be made	13960
involved multiple victims;	13961

(e) Whether the offender or delinquent child used drugs or	13962
alcohol to impair the victim of the sexually oriented offense or	13963
to prevent the victim from resisting;	13964

(f) If the offender or delinquent child previously has been	13965
convicted of or pleaded guilty to, or been adjudicated a	13966
delinquent child for committing an act that if committed by an	13967
adult would be, a criminal offense, whether the offender or	13968
delinquent child completed any sentence or dispositional order	13969
imposed for the prior offense or act and, if the prior offense or	13970
act was a sex offense or a sexually oriented offense, whether the	13971
offender or delinquent child participated in available programs	13972
for sexual offenders;	13973

(g) Any mental illness or mental disability of the offender	13974
or delinquent child;	13975

(h) The nature of the offender's or delinquent child's sexual	13976
conduct, sexual contact, or interaction in a sexual context with	13977
the victim of the sexually oriented offense and whether the sexual	13978
conduct, sexual contact, or interaction in a sexual context was	13979
part of a demonstrated pattern of abuse;	13980

(i) Whether the offender or delinquent child, during the	13981
commission of the sexually oriented offense for which sentence is	13982
to be imposed or the order of disposition is to be made, displayed	13983
cruelty or made one or more threats of cruelty;	13984

(j) Whether the offender or delinquent child would have been	13985
a habitual sex offender or a habitual child victim offender under	13986
the definitions of those terms set forth in section 2950.01 of the	13987
Revised Code as that section existed prior to ~~the effective date~~	13988
~~of this amendment~~January 1, 2008;	13989

(k) Any additional behavioral characteristics that contribute	13990
to the offender's or delinquent child's conduct.	13991

(G)(1) The department of job and family services shall	13992
compile, maintain, and update in January and July of each year, a	13993
list of all agencies, centers, or homes of a type described in	13994
division (A)(2) or (6) of this section that contains the name of	13995
each agency, center, or home of that type, the county in which it	13996
is located, its address and telephone number, and the name of an	13997
administrative officer or employee of the agency, center, or home.	13998

(2) The department of education shall compile, maintain, and	13999
update in January and July of each year, a list of all boards of	14000
education, schools, or programs of a type described in division	14001
(A)(3), (4), or (5) of this section that contains the name of each	14002
board of education, school, or program of that type, the county in	14003
which it is located, its address and telephone number, the name of	14004
the superintendent of the board or of an administrative officer or	14005
employee of the school or program, and, in relation to a board of	14006
education, the county or counties in which each of its schools is	14007
located and the address of each such school.	14008

(3) The Ohio board of regents shall compile, maintain, and	14009
update in January and July of each year, a list of all	14010
institutions of a type described in division (A)(7) of this	14011
section that contains the name of each such institution, the	14012
county in which it is located, its address and telephone number,	14013
and the name of its president or other chief administrative	14014
officer.	14015

(4) A sheriff required by division (A) or (C) of this	14016
section, or authorized by division (D)(2) of this section, to	14017
provide notices regarding an offender or delinquent child, or a	14018
designee of a sheriff of that type, may request the department of	14019
job and family services, department of education, or Ohio board of	14020
regents, by telephone, in person, or by mail, to provide the	14021
sheriff or designee with the names, addresses, and telephone	14022
numbers of the appropriate persons and entities to whom the	14023
notices described in divisions (A)(2) to (7) of this section are	14024
to be provided. Upon receipt of a request, the department or board	14025
shall provide the requesting sheriff or designee with the names,	14026
addresses, and telephone numbers of the appropriate persons and	14027
entities to whom those notices are to be provided.	14028

(H)(1) Upon the motion of the offender or the prosecuting	14029
attorney of the county in which the offender was convicted of or	14030
pleaded guilty to the sexually oriented offense or child-victim	14031
oriented offense for which the offender is subject to community	14032
notification under this section, or upon the motion of the	14033
sentencing judge or that judge's successor in office, the judge	14034
may schedule a hearing to determine whether the interests of	14035
justice would be served by suspending the community notification	14036
requirement under this section in relation to the offender. The	14037
judge may dismiss the motion without a hearing but may not issue	14038
an order suspending the community notification requirement without	14039
a hearing. At the hearing, all parties are entitled to be heard,	14040
and the judge shall consider all of the factors set forth in	14041
division (K) of this section. If, at the conclusion of the	14042
hearing, the judge finds that the offender has proven by clear and	14043
convincing evidence that the offender is unlikely to commit in the	14044
future a sexually oriented offense or a child-victim oriented	14045
offense and if the judge finds that suspending the community	14046
notification requirement is in the interests of justice, the judge	14047
may suspend the application of this section in relation to the	14048
offender. The order shall contain both of these findings.	14049

The judge promptly shall serve a copy of the order upon the	14050
sheriff with whom the offender most recently registered under	14051
section 2950.04, 2950.041, or 2950.05 of the Revised Code and upon	14052
the bureau of criminal identification and investigation.	14053

An order suspending the community notification requirement	14054
does not suspend or otherwise alter an offender's duties to comply	14055
with sections 2950.04, 2950.041, 2950.05, and 2950.06 of the	14056
Revised Code and does not suspend the victim notification	14057
requirement under section 2950.10 of the Revised Code.	14058

(2) A prosecuting attorney, a sentencing judge or that	14059
judge's successor in office, and an offender who is subject to the	14060
community notification requirement under this section may	14061
initially make a motion under division (H)(1) of this section upon	14062
the expiration of twenty years after the offender's duty to comply	14063
with division (A)(2), (3), or (4) of section 2950.04, division	14064
(A)(2), (3), or (4) of section 2950.041 and sections 2950.05 and	14065
2950.06 of the Revised Code begins in relation to the offense for	14066
which the offender is subject to community notification. After the	14067
initial making of a motion under division (H)(1) of this section,	14068
thereafter, the prosecutor, judge, and offender may make a	14069
subsequent motion under that division upon the expiration of five	14070
years after the judge has entered an order denying the initial	14071
motion or the most recent motion made under that division.	14072

(3) The offender and the prosecuting attorney have the right	14073
to appeal an order approving or denying a motion made under	14074
division (H)(1) of this section.	14075

(4) Divisions (H)(1) to (3) of this section do not apply to	14076
any of the following types of offender:	14077

(a) A person who is convicted of or pleads guilty to a	14078
violent sex offense or designated homicide, assault, or kidnapping	14079
offense and who, in relation to that offense, is adjudicated a	14080
sexually violent predator;	14081

(b) A person who is convicted of or pleads guilty to a	14082
sexually oriented offense that is a violation of division	14083
(A)(1)(b) of section 2907.02 of the Revised Code committed on or	14084
after January 2, 2007, and either who is sentenced under section	14085
2971.03 of the Revised Code or upon whom a sentence of life	14086
without parole is imposed under division (B) of section 2907.02 of	14087
the Revised Code;	14088

(c) A person who is convicted of or pleads guilty to a	14089
sexually oriented offense that is attempted rape committed on or	14090
after January 2, 2007, and who also is convicted of or pleads	14091
guilty to a specification of the type described in section	14092
2941.1418, 2941.1419, or 2941.1420 of the Revised Code;	14093

(d) A person who is convicted of or pleads guilty to an	14094
offense described in division (B)(3)(a), (b), (c), or (d) of	14095
section 2971.03 of the Revised Code and who is sentenced for that	14096
offense pursuant to that division;	14097

(e) An offender who is in a category specified in division	14098
(F)(1)(a), (b), or (c) of this section and who, subsequent to	14099
being subjected to community notification, has pleaded guilty to	14100
or been convicted of a sexually oriented offense or child-victim	14101
oriented offense.	14102

(I) If a person is convicted of, pleads guilty to, has been	14103
convicted of, or has pleaded guilty to a sexually oriented offense	14104
or a child-victim oriented offense or a person is or has been	14105
adjudicated a delinquent child for committing a sexually oriented	14106
offense or a child-victim oriented offense and is classified a	14107
juvenile offender registrant or is an out-of-state juvenile	14108
offender registrant based on that adjudication, and if the	14109
offender or delinquent child is not in any category specified in	14110
division (F)(1)(a), (b), or (c) of this section, the sheriff with	14111
whom the offender or delinquent child has most recently registered	14112
under section 2950.04, 2950.041, or 2950.05 of the Revised Code	14113
and the sheriff to whom the offender or delinquent child most	14114
recently sent a notice of intent to reside under section 2950.04	14115
or 2950.041 of the Revised Code, within the period of time	14116
specified in division (D) of this section, shall provide a written	14117
notice containing the information set forth in division (B) of	14118
this section to the executive director of the public children	14119
services agency that has jurisdiction within the specified	14120
geographical notification area and that is located within the	14121
county served by the sheriff.	14122

(J) Each sheriff shall allow a volunteer organization or	14123
other organization, company, or individual who wishes to receive	14124
the notice described in division (A)(10) of this section regarding	14125
a specific offender or delinquent child or notice regarding all	14126
offenders and delinquent children who are located in the specified	14127
geographical notification area to notify the sheriff by electronic	14128
mail or through the sheriff's web site of this election. The	14129
sheriff shall promptly inform the bureau of criminal	14130
identification and investigation of these requests in accordance	14131
with the forwarding procedures adopted by the attorney general	14132
pursuant to section 2950.13 of the Revised Code.	14133

(K) In making a determination under division (H)(1) of this	14134
section as to whether to suspend the community notification	14135
requirement under this section for an offender, the judge shall	14136
consider all relevant factors, including, but not limited to, all	14137
of the following:	14138

(1) The offender's age;

14139

(2) The offender's prior criminal or delinquency record	14140
regarding all offenses, including, but not limited to, all	14141
sexually oriented offenses or child-victim oriented offenses;	14142

(3) The age of the victim of the sexually oriented offense or	14143
child-victim oriented offense the offender committed;	14144

(4) Whether the sexually oriented offense or child-victim	14145
oriented offense the offender committed involved multiple victims;	14146

(5) Whether the offender used drugs or alcohol to impair the	14147
victim of the sexually oriented offense or child-victim oriented	14148
offense the offender committed or to prevent the victim from	14149
resisting;	14150

(6) If the offender previously has been convicted of, pleaded	14151
guilty to, or been adjudicated a delinquent child for committing	14152
an act that if committed by an adult would be a criminal offense,	14153
whether the offender completed any sentence or dispositional order	14154
imposed for the prior offense or act and, if the prior offense or	14155
act was a sexually oriented offense or a child-victim oriented	14156
offense, whether the offender or delinquent child participated in	14157
available programs for sex offenders or child-victim offenders;	14158

(7) Any mental illness or mental disability of the offender;

14159

(8) The nature of the offender's sexual conduct, sexual	14160
contact, or interaction in a sexual context with the victim of the	14161
sexually oriented offense the offender committed or the nature of	14162
the offender's interaction in a sexual context with the victim of	14163
the child-victim oriented offense the offender committed,	14164
whichever is applicable, and whether the sexual conduct, sexual	14165
contact, or interaction in a sexual context was part of a	14166
demonstrated pattern of abuse;	14167

(9) Whether the offender, during the commission of the	14168
sexually oriented offense or child-victim oriented offense the	14169
offender committed, displayed cruelty or made one or more threats	14170
of cruelty;	14171

(10) Any additional behavioral characteristics that	14172
contribute to the offender's conduct.	14173

(L) As used in this section, "specified geographical	14174
notification area" means the geographic area or areas within which	14175
the attorney general, by rule adopted under section 2950.13 of the	14176
Revised Code, requires the notice described in division (B) of	14177
this section to be given to the persons identified in divisions	14178
(A)(2) to (8) of this section.	14179

Sec. 2950.13. (A) The attorney general shall do all of the	14180
following:	14181

(1) No later than July 1, 1997, establish and maintain a	14182
state registry of sex offenders and child-victim offenders that is	14183
housed at the bureau of criminal identification and investigation	14184
and that contains all of the registration, change of residence,	14185
school, institution of higher education, or place of employment	14186
address, and verification information the bureau receives pursuant	14187
to sections 2950.04, 2950.041, 2950.05, and 2950.06 of the Revised	14188
Code regarding each person who is convicted of, pleads guilty to,	14189
has been convicted of, or has pleaded guilty to a sexually	14190
oriented offense or a child-victim oriented offense and each	14191
person who is or has been adjudicated a delinquent child for	14192
committing a sexually oriented offense or a child-victim oriented	14193
offense and is classified a juvenile offender registrant or is an	14194
out-of-state juvenile offender registrant based on that	14195
adjudication, all of the information the bureau receives pursuant	14196
to section 2950.14 of the Revised Code, and any notice of an order	14197
terminating or modifying an offender's or delinquent child's duty	14198
to comply with sections 2950.04, 2950.041, 2950.05, and 2950.06 of	14199
the Revised Code the bureau receives pursuant to section 2152.84,	14200
2152.85, or 2950.15 of the Revised Code. For a person who was	14201
convicted of or pleaded guilty to the sexually oriented offense or	14202
child-victim related offense, the registry also shall indicate	14203
whether the person was convicted of or pleaded guilty to the	14204
offense in a criminal prosecution or in a serious youthful	14205
offender case. The registry shall not be open to inspection by the	14206
public or by any person other than a person identified in division	14207
(A) of section 2950.08 of the Revised Code. In addition to the	14208
information and material previously identified in this division,	14209
the registry shall include all of the following regarding each	14210
person who is listed in the registry:	14211

(a) A citation for, and the name of, all sexually oriented	14212
offenses or child-victim oriented offenses of which the person was	14213
convicted, to which the person pleaded guilty, or for which the	14214
person was adjudicated a delinquent child and that resulted in a	14215
registration duty, and the date on which those offenses were	14216
committed;	14217

(b) The text of the sexually oriented offenses or	14218
child-victim oriented offenses identified in division (A)(1)(a) of	14219
this section as those offenses existed at the time the person was	14220
convicted of, pleaded guilty to, or was adjudicated a delinquent	14221
child for committing those offenses, or a link to a database that	14222
sets forth the text of those offenses;	14223

(c) A statement as to whether the person is a tier I sex	14224
offender/child-victim offender, a tier II sex	14225
offender/child-victim offender, or a tier III sex	14226
offender/child-victim offender for the sexually oriented offenses	14227
or child-victim oriented offenses identified in division (A)(1)(a)	14228
of this section;	14229

(d) The community supervision status of the person,	14230
including, but not limited to, whether the person is serving a	14231
community control sanction and the nature of any such sanction,	14232
whether the person is under supervised release and the nature of	14233
the release, or regarding a juvenile, whether the juvenile is	14234
under any type of release authorized under Chapter 2152. or 5139.	14235
of the Revised Code and the nature of any such release;	14236

(e) The offense and delinquency history of the person, as	14237
determined from information gathered or provided under sections	14238
109.57 and 2950.14 of the Revised Code;	14239

(f) The bureau of criminal identification and investigation	14240
tracking number assigned to the person if one has been so	14241
assigned, the federal bureau of investigation number assigned to	14242
the person if one has been assigned and the bureau of criminal	14243
identification and investigation is aware of the number, and any	14244
other state identification number assigned to the person of which	14245
the bureau is aware;	14246

(g) Fingerprints and palmprints of the person;

14247

(h) A DNA specimen, as defined in section 109.573 of the	14248
Revised Code, from the person;	14249

(i) Whether the person has any outstanding arrest warrants;

14250

(j) Whether the person is in compliance with the person's	14251
duties under this chapter.	14252

(2) In consultation with local law enforcement	14253
representatives and no later than July 1, 1997, adopt rules that	14254
contain guidelines necessary for the implementation of this	14255
chapter;	14256

(3) In consultation with local law enforcement	14257
representatives, adopt rules for the implementation and	14258
administration of the provisions contained in section 2950.11 of	14259
the Revised Code that pertain to the notification of neighbors of	14260
an offender or a delinquent child who has committed a sexually	14261
oriented offense or a child-victim oriented offense and ~~and~~ is in	14262
a category specified in division (F)(1) of that section and rules	14263
that prescribe a manner in which victims of a sexually oriented	14264
offense or a child-victim oriented offense committed by an	14265
offender or a delinquent child who is in a category specified in	14266
division (B)(1) of section 2950.10 of the Revised Code may make a	14267
request that specifies that the victim would like to be provided	14268
the notices described in divisions (A)(1) and (2) of section	14269
2950.10 of the Revised Code;	14270

(4) In consultation with local law enforcement	14271
representatives and through the bureau of criminal identification	14272
and investigation, prescribe the forms to be used by judges and	14273
officials pursuant to section 2950.03 or 2950.032 of the Revised	14274
Code to advise offenders and delinquent children of their duties	14275
of filing a notice of intent to reside, registration, notification	14276
of a change of residence, school, institution of higher education,	14277
or place of employment address and registration of the new,	14278
school, institution of higher education, or place of employment	14279
address, as applicable, and address verification under sections	14280
2950.04, 2950.041, 2950.05, and 2950.06 of the Revised Code, and	14281
prescribe the forms to be used by sheriffs relative to those	14282
duties of filing a notice of intent to reside, registration,	14283
change of residence, school, institution of higher education, or	14284
place of employment address notification, and address	14285
verification;	14286

(5) Make copies of the forms prescribed under division (A)(4)	14287
of this section available to judges, officials, and sheriffs;	14288

(6) Through the bureau of criminal identification and	14289
investigation, provide the notifications, the information and	14290
materials, and the documents that the bureau is required to	14291
provide to appropriate law enforcement officials and to the	14292
federal bureau of investigation pursuant to sections 2950.04,	14293
2950.041, 2950.05, and 2950.06 of the Revised Code;	14294

(7) Through the bureau of criminal identification and	14295
investigation, maintain the verification forms returned under the	14296
address verification mechanism set forth in section 2950.06 of the	14297
Revised Code;	14298

(8) In consultation with representatives of the officials,	14299
judges, and sheriffs, adopt procedures for officials, judges, and	14300
sheriffs to use to forward information, photographs, and	14301
fingerprints to the bureau of criminal identification and	14302
investigation pursuant to the requirements of sections 2950.03,	14303
2950.04, 2950.041, 2950.05, 2950.06, and 2950.11 of the Revised	14304
Code;	14305

(9) In consultation with the director of education, the	14306
director of job and family services, and the director of	14307
rehabilitation and correction, adopt rules that contain guidelines	14308
to be followed by boards of education of a school district,	14309
chartered nonpublic schools or other schools not operated by a	14310
board of education, preschool programs, child day-care centers,	14311
type A family day-care homes, ~~certified~~licensed type B family	14312
day-care homes, and institutions of higher education regarding the	14313
proper use and administration of information received pursuant to	14314
section 2950.11 of the Revised Code relative to an offender or	14315
delinquent child who has committed a sexually oriented offense or	14316
a child-victim oriented offense and is in a category specified in	14317
division (F)(1) of that section;	14318

(10) In consultation with local law enforcement	14319
representatives and no later than July 1, 1997, adopt rules that	14320
designate a geographic area or areas within which the notice	14321
described in division (B) of section 2950.11 of the Revised Code	14322
must be given to the persons identified in divisions (A)(2) to (8)	14323
and (A)(10) of that section;	14324

(11) Through the bureau of criminal identification and	14325
investigation, not later than January 1, 2004, establish and	14326
operate on the internet a sex offender and child-victim offender	14327
database that contains information for every offender who has	14328
committed a sexually oriented offense or a child-victim oriented	14329
offense and registers in any county in this state pursuant to	14330
section 2950.04 or 2950.041 of the Revised Code and for every	14331
delinquent child who has committed a sexually oriented offense, is	14332
a public registry-qualified juvenile offender registrant, and	14333
registers in any county in this state pursuant to either such	14334
section. The bureau shall not include on the database the identity	14335
of any offender's or public registry-qualified juvenile offender	14336
registrant's victim, any offender's or public registry-qualified	14337
juvenile offender registrant's social security number, the name of	14338
any school or institution of higher education attended by any	14339
offender or public registry-qualified juvenile offender	14340
registrant, the name of the place of employment of any offender or	14341
public registry-qualified juvenile offender registrant, any	14342
tracking or identification number described in division (A)(1)(f)	14343
of this section, or any information described in division (C)(7)	14344
of section 2950.04 or 2950.041 of the Revised Code. The bureau	14345
shall provide on the database, for each offender and each public	14346
registry-qualified juvenile offender registrant, at least the	14347
information specified in divisions (A)(11)(a) to (h) of this	14348
section. Otherwise, the bureau shall determine the information to	14349
be provided on the database for each offender and public	14350
registry-qualified juvenile offender registrant and shall obtain	14351
that information from the information contained in the state	14352
registry of sex offenders and child-victim offenders described in	14353
division (A)(1) of this section, which information, while in the	14354
possession of the sheriff who provided it, is a public record open	14355
for inspection as described in section 2950.081 of the Revised	14356
Code. The database is a public record open for inspection under	14357
section 149.43 of the Revised Code, and it shall be searchable by	14358
offender or public registry-qualified juvenile offender registrant	14359
name, by county, by zip code, and by school district. The database	14360
shall provide a link to the web site of each sheriff who has	14361
established and operates on the internet a sex offender and	14362
child-victim offender database that contains information for	14363
offenders and public registry-qualified juvenile offender	14364
registrants who register in that county pursuant to section	14365
2950.04 or 2950.041 of the Revised Code, with the link being a	14366
direct link to the sex offender and child-victim offender database	14367
for the sheriff. The bureau shall provide on the database, for	14368
each offender and public registry-qualified juvenile offender	14369
registrant, at least the following information:	14370

(a) The information described in divisions (A)(1)(a), (b),	14371
(c), and (d) of this section relative to the offender or public	14372
registry-qualified juvenile offender registrant;	14373

(b) The address of the offender's or public	14374
registry-qualified juvenile offender registrant's school,	14375
institution of higher education, or place of employment provided	14376
in a registration form;	14377

(c) The information described in division (C)(6) of section	14378
2950.04 or 2950.041 of the Revised Code;	14379

(d) A chart describing which sexually oriented offenses and	14380
child-victim oriented offenses are included in the definitions of	14381
tier I sex offender/child-victim offender, tier II sex	14382
offender/child-victim offender, and tier III sex	14383
offender/child-victim offender;	14384

(e) Fingerprints and ~~palm prints~~palmprints of the offender	14385
or public registry-qualified juvenile offender registrant and a	14386
DNA specimen from the offender or public registry-qualified	14387
juvenile offender registrant;	14388

(f) The information set forth in division (B) of section	14389
2950.11 of the Revised Code;	14390

(g) Any outstanding arrest warrants for the offender or	14391
public registry-qualified juvenile offender registrant;	14392

(h) The offender's or public registry-qualified juvenile	14393
offender registrant's compliance status with duties under this	14394
chapter.	14395

(12) Develop software to be used by sheriffs in establishing	14396
on the internet a sex offender and child-victim offender database	14397
for the public dissemination of some or all of the information and	14398
materials described in division (A) of section 2950.081 of the	14399
Revised Code that are public records under that division, that are	14400
not prohibited from inclusion by division (B) of that section, and	14401
that pertain to offenders and public registry-qualified juvenile	14402
offender registrants who register in the sheriff's county pursuant	14403
to section 2950.04 or 2950.041 of the Revised Code and for the	14404
public dissemination of information the sheriff receives pursuant	14405
to section 2950.14 of the Revised Code and, upon the request of	14406
any sheriff, provide technical guidance to the requesting sheriff	14407
in establishing on the internet such a database;	14408

(13) Through the bureau of criminal identification and	14409
investigation, not later than January 1, 2004, establish and	14410
operate on the internet a database that enables local law	14411
enforcement representatives to remotely search by electronic means	14412
the state registry of sex offenders and child-victim offenders	14413
described in division (A)(1) of this section and any information	14414
and materials the bureau receives pursuant to sections 2950.04,	14415
2950.041, 2950.05, 2950.06, and 2950.14 of the Revised Code. The	14416
database shall enable local law enforcement representatives to	14417
obtain detailed information regarding each offender and delinquent	14418
child who is included in the registry, including, but not limited	14419
to the offender's or delinquent child's name, aliases, residence	14420
address, name and address of any place of employment, school,	14421
institution of higher education, if applicable, license plate	14422
number of each vehicle identified in division (C)(5) of section	14423
2950.04 or 2950.041 of the Revised Code to the extent applicable,	14424
victim preference if available, date of most recent release from	14425
confinement if applicable, fingerprints, and palmprints, all of	14426
the information and material described in ~~division~~divisions	14427
(A)(1)(a) to (h) of this section regarding the offender or	14428
delinquent child, and other identification parameters the bureau	14429
considers appropriate. The database is not a public record open	14430
for inspection under section 149.43 of the Revised Code and shall	14431
be available only to law enforcement representatives as described	14432
in this division. Information obtained by local law enforcement	14433
representatives through use of this database is not open to	14434
inspection by the public or by any person other than a person	14435
identified in division (A) of section 2950.08 of the Revised Code.	14436

(14) Through the bureau of criminal identification and	14437
investigation, maintain a list of requests for notice about a	14438
specified offender or delinquent child or specified geographical	14439
notification area made pursuant to division (J) of section 2950.11	14440
of the Revised Code and, when an offender or delinquent child	14441
changes residence to another county, forward any requests for	14442
information about that specific offender or delinquent child to	14443
the appropriate sheriff;	14444

(15) Through the bureau of criminal identification and	14445
investigation, establish and operate a system for the immediate	14446
notification by electronic means of the appropriate officials in	14447
other states specified in this division each time an offender or	14448
delinquent child registers a residence, school, institution of	14449
higher education, or place of employment address under section	14450
2950.04 or 2950.041 of the ~~revised~~Revised Code or provides a	14451
notice of a change of address or registers a new address under	14452
division (A) or (B) of section 2950.05 of the Revised Code. The	14453
immediate notification by electronic means shall be provided to	14454
the appropriate officials in each state in which the offender or	14455
delinquent child is required to register a residence, school,	14456
institution of higher education, or place of employment address.	14457
The notification shall contain the offender's or delinquent	14458
child's name and all of the information the bureau receives from	14459
the sheriff with whom the offender or delinquent child registered	14460
the address or provided the notice of change of address or	14461
registered the new address.	14462

(B) The attorney general in consultation with local law	14463
enforcement representatives, may adopt rules that establish one or	14464
more categories of neighbors of an offender or delinquent child	14465
who, in addition to the occupants of residential premises and	14466
other persons specified in division (A)(1) of section 2950.11 of	14467
the Revised Code, must be given the notice described in division	14468
(B) of that section.	14469

(C) No person, other than a local law enforcement	14470
representative, shall knowingly do any of the following:	14471

(1) Gain or attempt to gain access to the database	14472
established and operated by the attorney general, through the	14473
bureau of criminal identification and investigation, pursuant to	14474
division (A)(13) of this section.	14475

(2) Permit any person to inspect any information obtained	14476
through use of the database described in division (C)(1) of this	14477
section, other than as permitted under that division.	14478

(D) As used in this section, "local law enforcement	14479
representatives" means representatives of the sheriffs of this	14480
state, representatives of the municipal chiefs of police and	14481
marshals of this state, and representatives of the township	14482
constables and chiefs of police of the township police departments	14483
or police district police forces of this state.	14484

Sec. 3109.051. (A) If a divorce, dissolution, legal	14485
separation, or annulment proceeding involves a child and if the	14486
court has not issued a shared parenting decree, the court shall	14487
consider any mediation report filed pursuant to section 3109.052	14488
of the Revised Code and, in accordance with division (C) of this	14489
section, shall make a just and reasonable order or decree	14490
permitting each parent who is not the residential parent to have	14491
parenting time with the child at the time and under the conditions	14492
that the court directs, unless the court determines that it would	14493
not be in the best interest of the child to permit that parent to	14494
have parenting time with the child and includes in the journal its	14495
findings of fact and conclusions of law. Whenever possible, the	14496
order or decree permitting the parenting time shall ensure the	14497
opportunity for both parents to have frequent and continuing	14498
contact with the child, unless frequent and continuing contact by	14499
either parent with the child would not be in the best interest of	14500
the child. The court shall include in its final decree a specific	14501
schedule of parenting time for that parent. Except as provided in	14502
division (E)(6) of section 3113.31 of the Revised Code, if the	14503
court, pursuant to this section, grants parenting time to a parent	14504
or companionship or visitation rights to any other person with	14505
respect to any child, it shall not require the public children	14506
services agency to provide supervision of or other services	14507
related to that parent's exercise of parenting time or that	14508
person's exercise of companionship or visitation rights with	14509
respect to the child. This section does not limit the power of a	14510
juvenile court pursuant to Chapter 2151. of the Revised Code to	14511
issue orders with respect to children who are alleged to be	14512
abused, neglected, or dependent children or to make dispositions	14513
of children who are adjudicated abused, neglected, or dependent	14514
children or of a common pleas court to issue orders pursuant to	14515
section 3113.31 of the Revised Code.	14516

(B)(1) In a divorce, dissolution of marriage, legal	14517
separation, annulment, or child support proceeding that involves a	14518
child, the court may grant reasonable companionship or visitation	14519
rights to any grandparent, any person related to the child by	14520
consanguinity or affinity, or any other person other than a	14521
parent, if all of the following apply:	14522

(a) The grandparent, relative, or other person files a motion	14523
with the court seeking companionship or visitation rights.	14524

(b) The court determines that the grandparent, relative, or	14525
other person has an interest in the welfare of the child.	14526

(c) The court determines that the granting of the	14527
companionship or visitation rights is in the best interest of the	14528
child.	14529

(2) A motion may be filed under division (B)(1) of this	14530
section during the pendency of the divorce, dissolution of	14531
marriage, legal separation, annulment, or child support proceeding	14532
or, if a motion was not filed at that time or was filed at that	14533
time and the circumstances in the case have changed, at any time	14534
after a decree or final order is issued in the case.	14535

(C) When determining whether to grant parenting time rights	14536
to a parent pursuant to this section or section 3109.12 of the	14537
Revised Code or to grant companionship or visitation rights to a	14538
grandparent, relative, or other person pursuant to this section or	14539
section 3109.11 or 3109.12 of the Revised Code, when establishing	14540
a specific parenting time or visitation schedule, and when	14541
determining other parenting time matters under this section or	14542
section 3109.12 of the Revised Code or visitation matters under	14543
this section or section 3109.11 or 3109.12 of the Revised Code,	14544
the court shall consider any mediation report that is filed	14545
pursuant to section 3109.052 of the Revised Code and shall	14546
consider all other relevant factors, including, but not limited	14547
to, all of the factors listed in division (D) of this section. In	14548
considering the factors listed in division (D) of this section for	14549
purposes of determining whether to grant parenting time or	14550
visitation rights, establishing a specific parenting time or	14551
visitation schedule, determining other parenting time matters	14552
under this section or section 3109.12 of the Revised Code or	14553
visitation matters under this section or under section 3109.11 or	14554
3109.12 of the Revised Code, and resolving any issues related to	14555
the making of any determination with respect to parenting time or	14556
visitation rights or the establishment of any specific parenting	14557
time or visitation schedule, the court, in its discretion, may	14558
interview in chambers any or all involved children regarding their	14559
wishes and concerns. If the court interviews any child concerning	14560
the child's wishes and concerns regarding those parenting time or	14561
visitation matters, the interview shall be conducted in chambers,	14562
and no person other than the child, the child's attorney, the	14563
judge, any necessary court personnel, and, in the judge's	14564
discretion, the attorney of each parent shall be permitted to be	14565
present in the chambers during the interview. No person shall	14566
obtain or attempt to obtain from a child a written or recorded	14567
statement or affidavit setting forth the wishes and concerns of	14568
the child regarding those parenting time or visitation matters. A	14569
court, in considering the factors listed in division (D) of this	14570
section for purposes of determining whether to grant any parenting	14571
time or visitation rights, establishing a parenting time or	14572
visitation schedule, determining other parenting time matters	14573
under this section or section 3109.12 of the Revised Code or	14574
visitation matters under this section or under section 3109.11 or	14575
3109.12 of the Revised Code, or resolving any issues related to	14576
the making of any determination with respect to parenting time or	14577
visitation rights or the establishment of any specific parenting	14578
time or visitation schedule, shall not accept or consider a	14579
written or recorded statement or affidavit that purports to set	14580
forth the child's wishes or concerns regarding those parenting	14581
time or visitation matters.	14582

(D) In determining whether to grant parenting time to a	14583
parent pursuant to this section or section 3109.12 of the Revised	14584
Code or companionship or visitation rights to a grandparent,	14585
relative, or other person pursuant to this section or section	14586
3109.11 or 3109.12 of the Revised Code, in establishing a specific	14587
parenting time or visitation schedule, and in determining other	14588
parenting time matters under this section or section 3109.12 of	14589
the Revised Code or visitation matters under this section or	14590
section 3109.11 or 3109.12 of the Revised Code, the court shall	14591
consider all of the following factors:	14592

(1) The prior interaction and interrelationships of the child	14593
with the child's parents, siblings, and other persons related by	14594
consanguinity or affinity, and with the person who requested	14595
companionship or visitation if that person is not a parent,	14596
sibling, or relative of the child;	14597

(2) The geographical location of the residence of each parent	14598
and the distance between those residences, and if the person is	14599
not a parent, the geographical location of that person's residence	14600
and the distance between that person's residence and the child's	14601
residence;	14602

(3) The child's and parents' available time, including, but	14603
not limited to, each parent's employment schedule, the child's	14604
school schedule, and the child's and the parents' holiday and	14605
vacation schedule;	14606

(4) The age of the child;

14607

(5) The child's adjustment to home, school, and community;

14608

(6) If the court has interviewed the child in chambers,	14609
pursuant to division (C) of this section, regarding the wishes and	14610
concerns of the child as to parenting time by the parent who is	14611
not the residential parent or companionship or visitation by the	14612
grandparent, relative, or other person who requested companionship	14613
or visitation, as to a specific parenting time or visitation	14614
schedule, or as to other parenting time or visitation matters, the	14615
wishes and concerns of the child, as expressed to the court;	14616

(7) The health and safety of the child;

14617

(8) The amount of time that will be available for the child	14618
to spend with siblings;	14619

(9) The mental and physical health of all parties;

14620

(10) Each parent's willingness to reschedule missed parenting	14621
time and to facilitate the other parent's parenting time rights,	14622
and with respect to a person who requested companionship or	14623
visitation, the willingness of that person to reschedule missed	14624
visitation;	14625

(11) In relation to parenting time, whether either parent	14626
previously has been convicted of or pleaded guilty to any criminal	14627
offense involving any act that resulted in a child being an abused	14628
child or a neglected child; whether either parent, in a case in	14629
which a child has been adjudicated an abused child or a neglected	14630
child, previously has been determined to be the perpetrator of the	14631
abusive or neglectful act that is the basis of the adjudication;	14632
and whether there is reason to believe that either parent has	14633
acted in a manner resulting in a child being an abused child or a	14634
neglected child;	14635

(12) In relation to requested companionship or visitation by	14636
a person other than a parent, whether the person previously has	14637
been convicted of or pleaded guilty to any criminal offense	14638
involving any act that resulted in a child being an abused child	14639
or a neglected child; whether the person, in a case in which a	14640
child has been adjudicated an abused child or a neglected child,	14641
previously has been determined to be the perpetrator of the	14642
abusive or neglectful act that is the basis of the adjudication;	14643
whether either parent previously has been convicted of or pleaded	14644
guilty to a violation of section 2919.25 of the Revised Code	14645
involving a victim who at the time of the commission of the	14646
offense was a member of the family or household that is the	14647
subject of the current proceeding; whether either parent	14648
previously has been convicted of an offense involving a victim who	14649
at the time of the commission of the offense was a member of the	14650
family or household that is the subject of the current proceeding	14651
and caused physical harm to the victim in the commission of the	14652
offense; and whether there is reason to believe that the person	14653
has acted in a manner resulting in a child being an abused child	14654
or a neglected child;	14655

(13) Whether the residential parent or one of the parents	14656
subject to a shared parenting decree has continuously and	14657
willfully denied the other parent's right to parenting time in	14658
accordance with an order of the court;	14659

(14) Whether either parent has established a residence or is	14660
planning to establish a residence outside this state;	14661

(15) In relation to requested companionship or visitation by	14662
a person other than a parent, the wishes and concerns of the	14663
child's parents, as expressed by them to the court;	14664

(16) Any other factor in the best interest of the child.

14665

(E) The remarriage of a residential parent of a child does	14666
not affect the authority of a court under this section to grant	14667
parenting time rights with respect to the child to the parent who	14668
is not the residential parent or to grant reasonable companionship	14669
or visitation rights with respect to the child to any grandparent,	14670
any person related by consanguinity or affinity, or any other	14671
person.	14672

(F)(1) If the court, pursuant to division (A) of this	14673
section, denies parenting time to a parent who is not the	14674
residential parent or denies a motion for reasonable companionship	14675
or visitation rights filed under division (B) of this section and	14676
the parent or movant files a written request for findings of fact	14677
and conclusions of law, the court shall state in writing its	14678
findings of fact and conclusions of law in accordance with Civil	14679
Rule 52.	14680

(2) On or before July 1, 1991, each court of common pleas, by	14681
rule, shall adopt standard parenting time guidelines. A court	14682
shall have discretion to deviate from its standard parenting time	14683
guidelines based upon factors set forth in division (D) of this	14684
section.	14685

(G)(1) If the residential parent intends to move to a	14686
residence other than the residence specified in the parenting time	14687
order or decree of the court, the parent shall file a notice of	14688
intent to relocate with the court that issued the order or decree.	14689
Except as provided in divisions (G)(2), (3), and (4) of this	14690
section, the court shall send a copy of the notice to the parent	14691
who is not the residential parent. Upon receipt of the notice, the	14692
court, on its own motion or the motion of the parent who is not	14693
the residential parent, may schedule a hearing with notice to both	14694
parents to determine whether it is in the best interest of the	14695
child to revise the parenting time schedule for the child.	14696

(2) When a court grants parenting time rights to a parent who	14697
is not the residential parent, the court shall determine whether	14698
that parent has been convicted of or pleaded guilty to a violation	14699
of section 2919.25 of the Revised Code involving a victim who at	14700
the time of the commission of the offense was a member of the	14701
family or household that is the subject of the proceeding, has	14702
been convicted of or pleaded guilty to any other offense involving	14703
a victim who at the time of the commission of the offense was a	14704
member of the family or household that is the subject of the	14705
proceeding and caused physical harm to the victim in the	14706
commission of the offense, or has been determined to be the	14707
perpetrator of the abusive act that is the basis of an	14708
adjudication that a child is an abused child. If the court	14709
determines that that parent has not been so convicted and has not	14710
been determined to be the perpetrator of an abusive act that is	14711
the basis of a child abuse adjudication, the court shall issue an	14712
order stating that a copy of any notice of relocation that is	14713
filed with the court pursuant to division (G)(1) of this section	14714
will be sent to the parent who is given the parenting time rights	14715
in accordance with division (G)(1) of this section.	14716

If the court determines that the parent who is granted the	14717
parenting time rights has been convicted of or pleaded guilty to a	14718
violation of section 2919.25 of the Revised Code involving a	14719
victim who at the time of the commission of the offense was a	14720
member of the family or household that is the subject of the	14721
proceeding, has been convicted of or pleaded guilty to any other	14722
offense involving a victim who at the time of the commission of	14723
the offense was a member of the family or household that is the	14724
subject of the proceeding and caused physical harm to the victim	14725
in the commission of the offense, or has been determined to be the	14726
perpetrator of the abusive act that is the basis of an	14727
adjudication that a child is an abused child, it shall issue an	14728
order stating that that parent will not be given a copy of any	14729
notice of relocation that is filed with the court pursuant to	14730
division (G)(1) of this section unless the court determines that	14731
it is in the best interest of the children to give that parent a	14732
copy of the notice of relocation, issues an order stating that	14733
that parent will be given a copy of any notice of relocation filed	14734
pursuant to division (G)(1) of this section, and issues specific	14735
written findings of fact in support of its determination.	14736

(3) If a court, prior to April 11, 1991, issued an order	14737
granting parenting time rights to a parent who is not the	14738
residential parent and did not require the residential parent in	14739
that order to give the parent who is granted the parenting time	14740
rights notice of any change of address and if the residential	14741
parent files a notice of relocation pursuant to division (G)(1) of	14742
this section, the court shall determine if the parent who is	14743
granted the parenting time rights has been convicted of or pleaded	14744
guilty to a violation of section 2919.25 of the Revised Code	14745
involving a victim who at the time of the commission of the	14746
offense was a member of the family or household that is the	14747
subject of the proceeding, has been convicted of or pleaded guilty	14748
to any other offense involving a victim who at the time of the	14749
commission of the offense was a member of the family or household	14750
that is the subject of the proceeding and caused physical harm to	14751
the victim in the commission of the offense, or has been	14752
determined to be the perpetrator of the abusive act that is the	14753
basis of an adjudication that a child is an abused child. If the	14754
court determines that the parent who is granted the parenting time	14755
rights has not been so convicted and has not been determined to be	14756
the perpetrator of an abusive act that is the basis of a child	14757
abuse adjudication, the court shall issue an order stating that a	14758
copy of any notice of relocation that is filed with the court	14759
pursuant to division (G)(1) of this section will be sent to the	14760
parent who is granted parenting time rights in accordance with	14761
division (G)(1) of this section.	14762

If the court determines that the parent who is granted the	14763
parenting time rights has been convicted of or pleaded guilty to a	14764
violation of section 2919.25 of the Revised Code involving a	14765
victim who at the time of the commission of the offense was a	14766
member of the family or household that is the subject of the	14767
proceeding, has been convicted of or pleaded guilty to any other	14768
offense involving a victim who at the time of the commission of	14769
the offense was a member of the family or household that is the	14770
subject of the proceeding and caused physical harm to the victim	14771
in the commission of the offense, or has been determined to be the	14772
perpetrator of the abusive act that is the basis of an	14773
adjudication that a child is an abused child, it shall issue an	14774
order stating that that parent will not be given a copy of any	14775
notice of relocation that is filed with the court pursuant to	14776
division (G)(1) of this section unless the court determines that	14777
it is in the best interest of the children to give that parent a	14778
copy of the notice of relocation, issues an order stating that	14779
that parent will be given a copy of any notice of relocation filed	14780
pursuant to division (G)(1) of this section, and issues specific	14781
written findings of fact in support of its determination.	14782

(4) If a parent who is granted parenting time rights pursuant	14783
to this section or any other section of the Revised Code is	14784
authorized by an order issued pursuant to this section or any	14785
other court order to receive a copy of any notice of relocation	14786
that is filed pursuant to division (G)(1) of this section or	14787
pursuant to court order, if the residential parent intends to move	14788
to a residence other than the residence address specified in the	14789
parenting time order, and if the residential parent does not want	14790
the parent who is granted the parenting time rights to receive a	14791
copy of the relocation notice because the parent with parenting	14792
time rights has been convicted of or pleaded guilty to a violation	14793
of section 2919.25 of the Revised Code involving a victim who at	14794
the time of the commission of the offense was a member of the	14795
family or household that is the subject of the proceeding, has	14796
been convicted of or pleaded guilty to any other offense involving	14797
a victim who at the time of the commission of the offense was a	14798
member of the family or household that is the subject of the	14799
proceeding and caused physical harm to the victim in the	14800
commission of the offense, or has been determined to be the	14801
perpetrator of the abusive act that is the basis of an	14802
adjudication that a child is an abused child, the residential	14803
parent may file a motion with the court requesting that the parent	14804
who is granted the parenting time rights not receive a copy of any	14805
notice of relocation. Upon the filing of the motion, the court	14806
shall schedule a hearing on the motion and give both parents	14807
notice of the date, time, and location of the hearing. If the	14808
court determines that the parent who is granted the parenting time	14809
rights has been so convicted or has been determined to be the	14810
perpetrator of an abusive act that is the basis of a child abuse	14811
adjudication, the court shall issue an order stating that the	14812
parent who is granted the parenting time rights will not be given	14813
a copy of any notice of relocation that is filed with the court	14814
pursuant to division (G)(1) of this section or that the	14815
residential parent is no longer required to give that parent a	14816
copy of any notice of relocation unless the court determines that	14817
it is in the best interest of the children to give that parent a	14818
copy of the notice of relocation, issues an order stating that	14819
that parent will be given a copy of any notice of relocation filed	14820
pursuant to division (G)(1) of this section, and issues specific	14821
written findings of fact in support of its determination. If it	14822
does not so find, it shall dismiss the motion.	14823

(H)(1) Subject to section 3125.16 and division (F) of section	14824
3319.321 of the Revised Code, a parent of a child who is not the	14825
residential parent of the child is entitled to access, under the	14826
same terms and conditions under which access is provided to the	14827
residential parent, to any record that is related to the child and	14828
to which the residential parent of the child legally is provided	14829
access, unless the court determines that it would not be in the	14830
best interest of the child for the parent who is not the	14831
residential parent to have access to the records under those same	14832
terms and conditions. If the court determines that the parent of a	14833
child who is not the residential parent should not have access to	14834
records related to the child under the same terms and conditions	14835
as provided for the residential parent, the court shall specify	14836
the terms and conditions under which the parent who is not the	14837
residential parent is to have access to those records, shall enter	14838
its written findings of facts and opinion in the journal, and	14839
shall issue an order containing the terms and conditions to both	14840
the residential parent and the parent of the child who is not the	14841
residential parent. The court shall include in every order issued	14842
pursuant to this division notice that any keeper of a record who	14843
knowingly fails to comply with the order or division (H) of this	14844
section is in contempt of court.	14845

(2) Subject to section 3125.16 and division (F) of section	14846
3319.321 of the Revised Code, subsequent to the issuance of an	14847
order under division (H)(1) of this section, the keeper of any	14848
record that is related to a particular child and to which the	14849
residential parent legally is provided access shall permit the	14850
parent of the child who is not the residential parent to have	14851
access to the record under the same terms and conditions under	14852
which access is provided to the residential parent, unless the	14853
residential parent has presented the keeper of the record with a	14854
copy of an order issued under division (H)(1) of this section that	14855
limits the terms and conditions under which the parent who is not	14856
the residential parent is to have access to records pertaining to	14857
the child and the order pertains to the record in question. If the	14858
residential parent presents the keeper of the record with a copy	14859
of that type of order, the keeper of the record shall permit the	14860
parent who is not the residential parent to have access to the	14861
record only in accordance with the most recent order that has been	14862
issued pursuant to division (H)(1) of this section and presented	14863
to the keeper by the residential parent or the parent who is not	14864
the residential parent. Any keeper of any record who knowingly	14865
fails to comply with division (H) of this section or with any	14866
order issued pursuant to division (H)(1) of this section is in	14867
contempt of court.	14868

(3) The prosecuting attorney of any county may file a	14869
complaint with the court of common pleas of that county requesting	14870
the court to issue a protective order preventing the disclosure	14871
pursuant to division (H)(1) or (2) of this section of any	14872
confidential law enforcement investigatory record. The court shall	14873
schedule a hearing on the motion and give notice of the date,	14874
time, and location of the hearing to all parties.	14875

(I) A court that issues a parenting time order or decree	14876
pursuant to this section or section 3109.12 of the Revised Code	14877
shall determine whether the parent granted the right of parenting	14878
time is to be permitted access, in accordance with section	14879
~~5104.011~~5104.039 of the Revised Code, to any child day-care	14880
center that is, or that in the future may be, attended by the	14881
children with whom the right of parenting time is granted. Unless	14882
the court determines that the parent who is not the residential	14883
parent should not have access to the center to the same extent	14884
that the residential parent is granted access to the center, the	14885
parent who is not the residential parent and who is granted	14886
parenting time rights is entitled to access to the center to the	14887
same extent that the residential parent is granted access to the	14888
center. If the court determines that the parent who is not the	14889
residential parent should not have access to the center to the	14890
same extent that the residential parent is granted such access	14891
under ~~division (C) of~~ section ~~5104.011~~5104.039 of the Revised	14892
Code, the court shall specify the terms and conditions under which	14893
the parent who is not the residential parent is to have access to	14894
the center, provided that the access shall not be greater than the	14895
access that is provided to the residential parent under ~~division~~	14896
~~(C) of~~ section ~~5104.011~~5104.039 of the Revised Code, the court	14897
shall enter its written findings of fact and opinions in the	14898
journal, and the court shall include the terms and conditions of	14899
access in the parenting time order or decree.	14900

(J)(1) Subject to division (F) of section 3319.321 of the	14901
Revised Code, when a court issues an order or decree allocating	14902
parental rights and responsibilities for the care of a child, the	14903
parent of the child who is not the residential parent of the child	14904
is entitled to access, under the same terms and conditions under	14905
which access is provided to the residential parent, to any student	14906
activity that is related to the child and to which the residential	14907
parent of the child legally is provided access, unless the court	14908
determines that it would not be in the best interest of the child	14909
to grant the parent who is not the residential parent access to	14910
the student activities under those same terms and conditions. If	14911
the court determines that the parent of the child who is not the	14912
residential parent should not have access to any student activity	14913
that is related to the child under the same terms and conditions	14914
as provided for the residential parent, the court shall specify	14915
the terms and conditions under which the parent who is not the	14916
residential parent is to have access to those student activities,	14917
shall enter its written findings of facts and opinion in the	14918
journal, and shall issue an order containing the terms and	14919
conditions to both the residential parent and the parent of the	14920
child who is not the residential parent. The court shall include	14921
in every order issued pursuant to this division notice that any	14922
school official or employee who knowingly fails to comply with the	14923
order or division (J) of this section is in contempt of court.	14924

(2) Subject to division (F) of section 3319.321 of the	14925
Revised Code, subsequent to the issuance of an order under	14926
division (J)(1) of this section, all school officials and	14927
employees shall permit the parent of the child who is not the	14928
residential parent to have access to any student activity under	14929
the same terms and conditions under which access is provided to	14930
the residential parent of the child, unless the residential parent	14931
has presented the school official or employee, the board of	14932
education of the school, or the governing body of the chartered	14933
nonpublic school with a copy of an order issued under division	14934
(J)(1) of this section that limits the terms and conditions under	14935
which the parent who is not the residential parent is to have	14936
access to student activities related to the child and the order	14937
pertains to the student activity in question. If the residential	14938
parent presents the school official or employee, the board of	14939
education of the school, or the governing body of the chartered	14940
nonpublic school with a copy of that type of order, the school	14941
official or employee shall permit the parent who is not the	14942
residential parent to have access to the student activity only in	14943
accordance with the most recent order that has been issued	14944
pursuant to division (J)(1) of this section and presented to the	14945
school official or employee, the board of education of the school,	14946
or the governing body of the chartered nonpublic school by the	14947
residential parent or the parent who is not the residential	14948
parent. Any school official or employee who knowingly fails to	14949
comply with division (J) of this section or with any order issued	14950
pursuant to division (J)(1) of this section is in contempt of	14951
court.	14952

(K) If any person is found in contempt of court for failing	14953
to comply with or interfering with any order or decree granting	14954
parenting time rights issued pursuant to this section or section	14955
3109.12 of the Revised Code or companionship or visitation rights	14956
issued pursuant to this section, section 3109.11 or 3109.12 of the	14957
Revised Code, or any other provision of the Revised Code, the	14958
court that makes the finding, in addition to any other penalty or	14959
remedy imposed, shall assess all court costs arising out of the	14960
contempt proceeding against the person and require the person to	14961
pay any reasonable attorney's fees of any adverse party, as	14962
determined by the court, that arose in relation to the act of	14963
contempt, and may award reasonable compensatory parenting time or	14964
visitation to the person whose right of parenting time or	14965
visitation was affected by the failure or interference if such	14966
compensatory parenting time or visitation is in the best interest	14967
of the child. Any compensatory parenting time or visitation	14968
awarded under this division shall be included in an order issued	14969
by the court and, to the extent possible, shall be governed by the	14970
same terms and conditions as was the parenting time or visitation	14971
that was affected by the failure or interference.	14972

(L) Any parent who requests reasonable parenting time rights	14973
with respect to a child under this section or section 3109.12 of	14974
the Revised Code or any person who requests reasonable	14975
companionship or visitation rights with respect to a child under	14976
this section, section 3109.11 or 3109.12 of the Revised Code, or	14977
any other provision of the Revised Code may file a motion with the	14978
court requesting that it waive all or any part of the costs that	14979
may accrue in the proceedings. If the court determines that the	14980
movant is indigent and that the waiver is in the best interest of	14981
the child, the court, in its discretion, may waive payment of all	14982
or any part of the costs of those proceedings.	14983

(M)(1) A parent who receives an order for active military	14984
service in the uniformed services and who is subject to a	14985
parenting time order may apply to the court for any of the	14986
following temporary orders for the period extending from the date	14987
of the parent's departure to the date of return:	14988

(a) An order delegating all or part of the parent's parenting	14989
time with the child to a relative or to another person who has a	14990
close and substantial relationship with the child if the	14991
delegation is in the child's best interest;	14992

(b) An order that the other parent make the child reasonably	14993
available for parenting time with the parent when the parent is on	14994
leave from active military service;	14995

(c) An order that the other parent facilitate contact,	14996
including telephone and electronic contact, between the parent and	14997
child while the parent is on active military service.	14998

(2)(a) Upon receipt of an order for active military service,	14999
a parent who is subject to a parenting time order and seeks an	15000
order under division (M)(1) of this section shall notify the other	15001
parent who is subject to the parenting time order and apply to the	15002
court as soon as reasonably possible after receipt of the order	15003
for active military service. The application shall include the	15004
date on which the active military service begins.	15005

(b) The court shall schedule a hearing upon receipt of an	15006
application under division (M) of this section and hold the	15007
hearing not later than thirty days after its receipt, except that	15008
the court shall give the case calendar priority and handle the	15009
case expeditiously if exigent circumstances exist in the case. No	15010
hearing shall be required if both parents agree to the terms of	15011
the requested temporary order and the court determines that the	15012
order is in the child's best interest.	15013

(c) In determining whether a delegation under division	15014
(M)(1)(a) of this section is in the child's best interest, the	15015
court shall consider all relevant factors, including the factors	15016
set forth in division (D) of this section.	15017

(d) An order delegating all or part of the parent's parenting	15018
time pursuant to division (M)(1)(a) of this section does not	15019
create standing on behalf of the person to whom parenting time is	15020
delegated to assert visitation or companionship rights independent	15021
of the order.	15022

(3) At the request of a parent who is ordered for active	15023
military service in the uniformed services and who is a subject of	15024
a proceeding pertaining to a parenting time order or pertaining to	15025
a request for companionship rights or visitation with a child, the	15026
court shall permit the parent to participate in the proceeding and	15027
present evidence by electronic means, including communication by	15028
telephone, video, or internet to the extent permitted by rules of	15029
the supreme court of Ohio.	15030

(N) The juvenile court has exclusive jurisdiction to enter	15031
the orders in any case certified to it from another court.	15032

(O) As used in this section:

15033

(1) "Abused child" has the same meaning as in section	15034
2151.031 of the Revised Code, and "neglected child" has the same	15035
meaning as in section 2151.03 of the Revised Code.	15036

(2) "Active military service" and "uniformed services" have	15037
the same meanings as in section 3109.04 of the Revised Code.	15038

(3) "Confidential law enforcement investigatory record" has	15039
the same meaning as in section 149.43 of the Revised Code.	15040

(4) "Parenting time order" means an order establishing the	15041
amount of time that a child spends with the parent who is not the	15042
residential parent or the amount of time that the child is to be	15043
physically located with a parent under a shared parenting order.	15044

(5) "Record" means any record, document, file, or other	15045
material that contains information directly related to a child,	15046
including, but not limited to, any of the following:	15047

(a) Records maintained by public and nonpublic schools;

15048

(b) Records maintained by facilities that provide child care,	15049
as defined in section 5104.01 of the Revised Code, publicly funded	15050
child care, as defined in section 5104.01 of the Revised Code, or	15051
pre-school services operated by or under the supervision of a	15052
school district board of education or a nonpublic school;	15053

(c) Records maintained by hospitals, other facilities, or	15054
persons providing medical or surgical care or treatment for the	15055
child;	15056

(d) Records maintained by agencies, departments,	15057
instrumentalities, or other entities of the state or any political	15058
subdivision of the state, other than a child support enforcement	15059
agency. Access to records maintained by a child support	15060
enforcement agency is governed by section 3125.16 of the Revised	15061
Code.	15062

Sec. 3701.63. (A) As used in this section and section 3701.64	15063
of the Revised Code:	15064

(1) "Child day-care center," "type A family day-care home,"	15065
and "~~certified~~licensed type B family day-care home" have the same	15066
meanings as in section 5104.01 of the Revised Code.	15067

(2) "Child care facility" means a child day-care center, a	15068
type A family day-care home, or a ~~certified~~licensed type B family	15069
day-care home.	15070

(3) "Freestanding birthing center" has the same meaning as in	15071
section 3702.51 of the Revised Code.	15072

(4) "Hospital" means a hospital classified pursuant to rules	15073
adopted under section 3701.07 of the Revised Code as a general	15074
hospital or children's hospital.	15075

(5) "Maternity unit" means any unit or place in a hospital	15076
where women are regularly received and provided care during all or	15077
part of the maternity cycle, except that "maternity unit" does not	15078
include an emergency department or similar place dedicated to	15079
providing emergency health care.	15080

(6) "Parent" means either parent, unless the parents are	15081
separated or divorced or their marriage has been dissolved or	15082
annulled, in which case "parent" means the parent who is the	15083
residential parent and legal custodian of the child. "Parent" also	15084
means a prospective adoptive parent with whom a child is placed.	15085

(7) "Shaken ~~Baby Syndrome~~baby syndrome" means signs and	15086
symptoms, including, but not limited to, retinal hemorrhages in	15087
one or both eyes, subdural hematoma, or brain swelling, resulting	15088
from the violent shaking or the shaking and impacting of the head	15089
of an infant or small child.	15090

(B) The director of health shall establish the shaken baby	15091
syndrome education program by doing all of the following:	15092

(1) By not later than one year after February 29, 2008,	15093
developing educational materials that present readily	15094
comprehendible information on shaken baby syndrome;	15095

(2) Making available on the department of health web site in	15096
an easily accessible format the educational materials developed	15097
under division (B)(1) of this section;	15098

(3) Beginning in 2009, annually assessing the effectiveness	15099
of the shaken baby syndrome education program by evaluating the	15100
reports received pursuant to section 5101.135 of the Revised Code.	15101

(C) In meeting the requirements under division (B) of this	15102
section, the director shall not develop educational materials that	15103
will impose an administrative or financial burden on any of the	15104
entities or persons listed in section 3701.64 of the Revised Code.	15105

Sec. 3737.22. (A) The fire marshal shall do all of the	15106
following:	15107

(1) Adopt the state fire code under sections 3737.82 to	15108
3737.86 of the Revised Code;	15109

(2) Enforce the state fire code;

15110

(3) Appoint assistant fire marshals who are authorized to	15111
enforce the state fire code;	15112

(4) Conduct investigations into the cause, origin, and	15113
circumstances of fires and explosions, and assist in the	15114
prosecution of persons believed to be guilty of arson or a similar	15115
crime;	15116

(5) Compile statistics concerning loss due to fire and	15117
explosion as the fire marshal considers necessary, and consider	15118
the compatibility of the fire marshal's system of compilation with	15119
the systems of other state and federal agencies and fire marshals	15120
of other states;	15121

(6) Engage in research on the cause and prevention of losses	15122
due to fire and explosion;	15123

(7) Engage in public education and informational activities	15124
which will inform the public of fire safety information;	15125

(8) Operate a fire training academy and forensic laboratory;

15126

(9) Conduct other fire safety and fire fighting training	15127
activities for the public and groups as will further the cause of	15128
fire safety;	15129

(10) Conduct licensing examinations, and issue permits,	15130
licenses, and certificates, as authorized by the Revised Code;	15131

(11) Conduct tests of fire protection systems and devices,	15132
and fire fighting equipment to determine compliance with the state	15133
fire code, unless a building is insured against the hazard of	15134
fire, in which case such tests may be performed by the company	15135
insuring the building;	15136

(12) Establish and collect fees for conducting licensing	15137
examinations and for issuing permits, licenses, and certificates;	15138

(13) Make available for the prosecuting attorney and an	15139
assistant prosecuting attorney from each county of this state, in	15140
accordance with section 3737.331 of the Revised Code, a seminar	15141
program, attendance at which is optional, that is designed to	15142
provide current information, data, training, and techniques	15143
relative to the prosecution of arson cases;	15144

(14) Administer and enforce Chapter 3743. of the Revised	15145
Code;	15146

(15) Develop a uniform standard for the reporting of	15147
information required to be filed under division (E)(4) of section	15148
2921.22 of the Revised Code, and accept the reports of the	15149
information when they are filed.	15150

(B) The fire marshal shall appoint a chief deputy fire	15151
marshal, and shall employ professional and clerical assistants as	15152
the fire marshal considers necessary. The chief deputy shall be a	15153
competent former or current member of a fire agency and possess	15154
five years of recent, progressively more responsible experience in	15155
fire inspection, fire code enforcement, and fire code management.	15156
The chief deputy, with the approval of the director of commerce,	15157
shall temporarily assume the duties of the fire marshal when the	15158
fire marshal is absent or temporarily unable to carry out the	15159
duties of the office. When there is a vacancy in the office of	15160
fire marshal, the chief deputy, with the approval of the director	15161
of commerce, shall temporarily assume the duties of the fire	15162
marshal until a new fire marshal is appointed under section	15163
3737.21 of the Revised Code.	15164

All employees, other than the fire marshal; the chief deputy	15165
fire marshal; the superintendent of the Ohio fire academy; the	15166
grants administrator; the fiscal officer; the executive secretary	15167
to the fire marshal; legal counsel; the pyrotechnics	15168
administrator, the chief of the forensic laboratory; the person	15169
appointed by the fire marshal to serve as administrator over	15170
functions concerning testing, license examinations, and the	15171
issuance of permits and certificates; and the chiefs of the	15172
bureaus of fire prevention, of fire and explosion investigation,	15173
of code enforcement, and of underground storage tanks shall be in	15174
the classified civil service. The fire marshal shall authorize the	15175
chief deputy and other employees under the fire marshal's	15176
supervision to exercise powers granted to the fire marshal by law	15177
as may be necessary to carry out the duties of the fire marshal's	15178
office.	15179

(C) The fire marshal shall create, in and as a part of the	15180
office of fire marshal, a fire and explosion investigation bureau	15181
consisting of a chief of the bureau and additional assistant fire	15182
marshals as the fire marshal determines necessary for the	15183
efficient administration of the bureau. The chief shall be	15184
experienced in the investigation of the cause, origin, and	15185
circumstances of fires, and in administration, including the	15186
supervision of subordinates. The chief, among other duties	15187
delegated to the chief by the fire marshal, shall be responsible,	15188
under the direction of the fire marshal, for the investigation of	15189
the cause, origin, and circumstances of fires and explosions in	15190
the state, and for assistance in the prosecution of persons	15191
believed to be guilty of arson or a similar crime.	15192

(D)(1) The fire marshal shall create, as part of the office	15193
of fire marshal, a bureau of code enforcement consisting of a	15194
chief of the bureau and additional assistant fire marshals as the	15195
fire marshal determines necessary for the efficient administration	15196
of the bureau. The chief shall be qualified, by education or	15197
experience, in fire inspection, fire code development, fire code	15198
enforcement, or any other similar field determined by the fire	15199
marshal, and in administration, including the supervision of	15200
subordinates. The chief is responsible, under the direction of the	15201
fire marshal, for fire inspection, fire code development, fire	15202
code enforcement, and any other duties delegated to the chief by	15203
the fire marshal.	15204

(2) The fire marshal, the chief deputy fire marshal, the	15205
chief of the bureau of code enforcement, or any assistant fire	15206
marshal under the direction of the fire marshal, the chief deputy	15207
fire marshal, or the chief of the bureau of code enforcement may	15208
cause to be conducted the inspection of all buildings, structures,	15209
and other places, the condition of which may be dangerous from a	15210
fire safety standpoint to life or property, or to property	15211
adjacent to the buildings, structures, or other places.	15212

(E) The fire marshal shall create, as a part of the office of	15213
fire marshal, a bureau of fire prevention consisting of a chief of	15214
the bureau and additional assistant fire marshals as the fire	15215
marshal determines necessary for the efficient administration of	15216
the bureau. The chief shall be qualified, by education or	15217
experience, to promote programs for rural and urban fire	15218
prevention and protection. The chief, among other duties delegated	15219
to the chief by the fire marshal, is responsible, under the	15220
direction of the fire marshal, for the promotion of rural and	15221
urban fire prevention and protection through public information	15222
and education programs.	15223

(F) The fire marshal shall cooperate with the director of job	15224
and family services when the director adopts rules under section	15225
5104.052 of the Revised Code regarding fire prevention and fire	15226
safety in ~~certified~~licensed type B family day-care homes, as	15227
defined in section 5104.01 of the Revised Code, recommend	15228
procedures for inspecting type B homes to determine whether they	15229
are in compliance with those rules, and provide training and	15230
technical assistance to the director and county directors of job	15231
and family services on the procedures for determining compliance	15232
with those rules.	15233

(G) The fire marshal, upon request of a provider of child	15234
care in a type B home that is not ~~certified~~licensed by the ~~county~~	15235
director of job and family services, as a precondition of approval	15236
by the state board of education under section 3313.813 of the	15237
Revised Code for receipt of United States department of	15238
agriculture child and adult care food program funds established	15239
under the "National School Lunch Act," 60 Stat. 230 (1946), 42	15240
U.S.C. 1751, as amended, shall inspect the type B home to	15241
determine compliance with rules adopted under section 5104.052 of	15242
the Revised Code regarding fire prevention and fire safety in	15243
~~certified~~licensed type B homes. In municipal corporations and in	15244
townships where there is a certified fire safety inspector, the	15245
inspections shall be made by that inspector under the supervision	15246
of the fire marshal, according to rules adopted under section	15247
5104.052 of the Revised Code. In townships outside municipal	15248
corporations where there is no certified fire safety inspector,	15249
inspections shall be made by the fire marshal.	15250

Sec. 3742.01. As used in this chapter:

15251

(A) "Board of health" means the board of health of a city or	15252
general health district or the authority having the duties of a	15253
board of health under section 3709.05 of the Revised Code.	15254

(B) "Child care facility" means each area of any of the	15255
following in which child care, as defined in section 5104.01 of	15256
the Revised Code, is provided to children under six years of age:	15257

(1) A child day-care center, type A family day-care home, or	15258
type B family day-care home as defined in section 5104.01 of the	15259
Revised Code;	15260

(2) ~~A type C family day-care home authorized to provide child~~	15261
~~care by Sub. H.B. 62 of the 121st general assembly, as amended by~~	15262
~~Am. Sub. S.B. 160 of the 121st general assembly and Sub. H.B. 407~~	15263
~~of the 123rd general assembly;~~	15264

~~(3)~~ A preschool program or school child program as defined in	15265
section 3301.52 of the Revised Code.	15266

(C) "Clearance examination" means an examination to determine	15267
whether the lead hazards in a residential unit, child care	15268
facility, or school have been sufficiently controlled. A clearance	15269
examination includes a visual assessment, collection, and analysis	15270
of environmental samples.	15271

(D) "Clearance technician" means a person, other than a	15272
licensed lead inspector or licensed lead risk assessor, who	15273
performs a clearance examination.	15274

(E) "Clinical laboratory" means a facility for the	15275
biological, microbiological, serological, chemical,	15276
immunohematological, hematological, biophysical, cytological,	15277
pathological, or other examination of substances derived from the	15278
human body for the purpose of providing information for the	15279
diagnosis, prevention, or treatment of any disease, or in the	15280
assessment or impairment of the health of human beings. "Clinical	15281
laboratory" does not include a facility that only collects or	15282
prepares specimens, or serves as a mailing service, and does not	15283
perform testing.	15284

(F) "Encapsulation" means the coating and sealing of surfaces	15285
with durable surface coating specifically formulated to be	15286
elastic, able to withstand sharp and blunt impacts, long-lasting,	15287
and resilient, while also resistant to cracking, peeling, algae,	15288
fungus, and ultraviolet light, so as to prevent any part of	15289
lead-containing paint from becoming part of house dust or	15290
otherwise accessible to children.	15291

(G) "Enclosure" means the resurfacing or covering of surfaces	15292
with durable materials such as wallboard or paneling, and the	15293
sealing or caulking of edges and joints, so as to prevent or	15294
control chalking, flaking, peeling, scaling, or loose	15295
lead-containing substances from becoming part of house dust or	15296
otherwise accessible to children.	15297

(H) "Environmental lead analytical laboratory" means a	15298
facility that analyzes air, dust, soil, water, paint, film, or	15299
other substances, other than substances derived from the human	15300
body, for the presence and concentration of lead.	15301

(I) "HEPA" means the designation given to a product, device,	15302
or system that has been equipped with a high-efficiency	15303
particulate air filter, which is a filter capable of removing	15304
particles of 0.3 microns or larger from air at 99.97 per cent or	15305
greater efficiency.	15306

(J) "Interim controls" means a set of measures designed to	15307
reduce temporarily human exposure or likely human exposure to lead	15308
hazards. Interim controls include specialized cleaning, repairs,	15309
painting, temporary containment, ongoing lead hazard maintenance	15310
activities, and the establishment and operation of management and	15311
resident education programs.	15312

(K)(1) "Lead abatement" means a measure or set of measures	15313
designed for the single purpose of permanently eliminating lead	15314
hazards. "Lead abatement" includes all of the following:	15315

(a) Removal of lead-based paint and lead-contaminated dust;

15316

(b) Permanent enclosure or encapsulation of lead-based paint;

15317

(c) Replacement of surfaces or fixtures painted with	15318
lead-based paint;	15319

(d) Removal or permanent covering of lead-contaminated soil;

15320

(e) Preparation, cleanup, and disposal activities associated	15321
with lead abatement.	15322

(2) "Lead abatement" does not include any of the following:

15323

(a) Preventive treatments performed pursuant to section	15324
3742.41 of the Revised Code;	15325

(b) Implementation of interim controls;

15326

(c) Activities performed by a property owner on a residential	15327
unit to which both of the following apply:	15328

(i) It is a freestanding single-family home used as the	15329
property owner's private residence.	15330

(ii) No child under six years of age who has lead poisoning	15331
resides in the unit.	15332

(L) "Lead abatement contractor" means any individual who	15333
engages in or intends to engage in lead abatement and employs or	15334
supervises one or more lead abatement workers, including on-site	15335
supervision of lead abatement projects, or prepares	15336
specifications, plans, or documents for a lead abatement project.	15337

(M) "Lead abatement project" means one or more lead abatement	15338
activities that are conducted by a lead abatement contractor and	15339
are reasonably related to each other.	15340

(N) "Lead abatement project designer" means a person who is	15341
responsible for designing lead abatement projects and preparing a	15342
pre-abatement plan for all designed projects.	15343

(O) "Lead abatement worker" means an individual who is	15344
responsible in a nonsupervisory capacity for the performance of	15345
lead abatement.	15346

(P) "Lead-based paint" means any paint or other similar	15347
surface-coating substance containing lead at or in excess of the	15348
level that is hazardous to human health as established by rule of	15349
the public health council under section 3742.50 of the Revised	15350
Code.	15351

(Q) "Lead-contaminated dust" means dust that contains an area	15352
or mass concentration of lead at or in excess of the level that is	15353
hazardous to human health as established by rule of the public	15354
health council under section 3742.50 of the Revised Code.	15355

(R) "Lead-contaminated soil" means soil that contains lead at	15356
or in excess of the level that is hazardous to human health as	15357
established by rule of the public health council under section	15358
3742.50 of the Revised Code.	15359

(S) "Lead hazard" means material that is likely to cause lead	15360
exposure and endanger an individual's health as determined by the	15361
public health council in rules adopted under section 3742.50 of	15362
the Revised Code. "Lead hazard" includes lead-based paint,	15363
lead-contaminated dust, lead-contaminated soil, and	15364
lead-contaminated water pipes.	15365

(T) "Lead inspection" means a surface-by-surface	15366
investigation to determine the presence of lead-based paint. The	15367
inspection shall use a sampling or testing technique approved by	15368
the public health council in rules adopted by the council under	15369
section 3742.03 of the Revised Code. A licensed lead inspector or	15370
laboratory approved under section 3742.09 of the Revised Code	15371
shall certify in writing the precise results of the inspection.	15372

(U) "Lead inspector" means any individual who conducts a lead	15373
inspection, provides professional advice regarding a lead	15374
inspection, or prepares a report explaining the results of a lead	15375
inspection.	15376

(V) "Lead poisoning" means the level of lead in human blood	15377
that is hazardous to human health, as specified in rules adopted	15378
under section 3742.50 of the Revised Code.	15379

(W) "Lead risk assessment" means an on-site investigation to	15380
determine and report the existence, nature, severity, and location	15381
of lead hazards in a residential unit, child care facility, or	15382
school, including information gathering from the unit, facility,	15383
or school's current owner's knowledge regarding the age and	15384
painting history of the unit, facility, or school and occupancy by	15385
children under six years of age, visual inspection, limited wipe	15386
sampling or other environmental sampling techniques, and any other	15387
activity as may be appropriate.	15388

(X) "Lead risk assessor" means a person who is responsible	15389
for developing a written inspection, risk assessment, and analysis	15390
plan; conducting inspections for lead hazards in a residential	15391
unit, child care facility, or school; interpreting results of	15392
inspections and risk assessments; identifying hazard control	15393
strategies to reduce or eliminate lead exposures; and completing a	15394
risk assessment report.	15395

(Y) "Lead-safe renovation" means the supervision or	15396
performance of services for the general improvement of all or part	15397
of an existing structure, including a residential unit, child care	15398
facility, or school, when the services are supervised or performed	15399
by a lead-safe renovator.	15400

(Z) "Lead-safe renovator" means a person who has successfully	15401
completed a training program in lead-safe renovation approved	15402
under section 3742.47 of the Revised Code.	15403

(AA) "Manager" means a person, who may be the same person as	15404
the owner, responsible for the daily operation of a residential	15405
unit, child care facility, or school.	15406

(BB) "Permanent" means an expected design life of at least	15407
twenty years.	15408

(CC) "Replacement" means an activity that entails removing	15409
components such as windows, doors, and trim that have lead hazards	15410
on their surfaces and installing components free of lead hazards.	15411

(DD) "Residential unit" means a dwelling or any part of a	15412
building being used as an individual's private residence.	15413

(EE) "School" means a public or nonpublic school in which	15414
children under six years of age receive education.	15415

Sec. 3797.06. (A) As used in this section, "specified	15416
geographical notification area" means the geographic area or areas	15417
within which the attorney general requires by rule adopted under	15418
section 3797.08 of the Revised Code the notice described in	15419
division (B) of this section to be given to the persons identified	15420
in divisions (A)(1) to (9) of this section. If a court enters a	15421
declaratory judgment against a registrant under section 2721.21 of	15422
the Revised Code, the sheriff with whom the registrant has most	15423
recently registered under section 3797.02 or 3797.03 of the	15424
Revised Code and the sheriff to whom the registrant most recently	15425
sent a notice of intent to reside under section 3797.03 of the	15426
Revised Code shall provide within the period of time specified in	15427
division (C) of this section a written notice containing the	15428
information set forth in division (B) of this section to all of	15429
the persons described in divisions (A)(1) to (9) of this section.	15430
If the sheriff has sent a notice to the persons described in those	15431
divisions as a result of receiving a notice of intent to reside	15432
and if the registrant registers a residence address that is the	15433
same residence address described in the notice of intent to	15434
reside, the sheriff is not required to send an additional notice	15435
when the registrant registers. The sheriff shall provide the	15436
notice to all of the following persons:	15437

(1)(a) Any occupant of each residential unit that is located	15438
within one thousand feet of the registrant's residential premises,	15439
that is located within the county served by the sheriff, and that	15440
is not located in a multi-unit building. Division (D)(3) of this	15441
section applies regarding notices required under this division.	15442

(b) If the registrant resides in a multi-unit building, any	15443
occupant of each residential unit that is located in that	15444
multi-unit building and that shares a common hallway with the	15445
registrant. For purposes of this division, an occupant's unit	15446
shares a common hallway with the registrant if the entrance door	15447
into the occupant's unit is located on the same floor and opens	15448
into the same hallway as the entrance door to the unit the	15449
registrant occupies. Division (D)(3) of this section applies	15450
regarding notices required under this division.	15451

(c) The building manager, or the person the building owner or	15452
condominium unit owners association authorizes to exercise	15453
management and control, of each multi-unit building that is	15454
located within one thousand feet of the registrant's residential	15455
premises, including a multi-unit building in which the registrant	15456
resides, and that is located within the county served by the	15457
sheriff. In addition to notifying the building manager or the	15458
person authorized to exercise management and control in the	15459
multi-unit building under this division, the sheriff shall post a	15460
copy of the notice prominently in each common entryway in the	15461
building and any other location in the building the sheriff	15462
determines appropriate. The manager or person exercising	15463
management and control of the building shall permit the sheriff to	15464
post copies of the notice under this division as the sheriff	15465
determines appropriate. In lieu of posting copies of the notice as	15466
described in this division, a sheriff may provide notice to all	15467
occupants of the multi-unit building by mail or personal contact.	15468
If the sheriff so notifies all the occupants, the sheriff is not	15469
required to post copies of the notice in the common entryways to	15470
the building. Division (D)(3) of this section applies regarding	15471
notices required under this division.	15472

(d) All additional persons who are within any category of	15473
neighbors of the registrant that the attorney general by rule	15474
adopted under section 3797.08 of the Revised Code requires to be	15475
provided the notice and who reside within the county served by the	15476
sheriff.	15477

(2) The executive director of the public children services	15478
agency that has jurisdiction within the specified geographical	15479
notification area and that is located within the county served by	15480
the sheriff;	15481

(3) The superintendent of each board of education of a school	15482
district that has schools within the specified geographical	15483
notification area and that is located within the county served by	15484
the sheriff;	15485

(4) The appointing or hiring officer of each nonpublic school	15486
located within the specified geographical notification area and	15487
within the county served by the sheriff or of each other school	15488
located within the specified geographical notification area and	15489
within the county served by the sheriff and that is not operated	15490
by a board of education described in division (A)(3) of this	15491
section;	15492

(5) The director, head teacher, elementary principal, or site	15493
administrator of each preschool program governed by Chapter 3301.	15494
of the Revised Code that is located within the specified	15495
geographical notification area and within the county served by the	15496
sheriff;	15497

(6) The administrator of each child day-care center or type A	15498
family day-care home that is located within the specified	15499
geographical notification area and within the county served by the	15500
sheriff, and ~~the provider of~~ each ~~certified~~holder of a license to	15501
operate a type B family day-care home that is located within the	15502
specified geographical notification area and within the county	15503
served by the sheriff. As used in this division, "child day-care	15504
center," "type A family day-care home," and "~~certified~~ type B	15505
family day-care home" have the same meanings as in section 5104.01	15506
of the Revised Code.	15507

(7) The president or other chief administrative officer of	15508
each institution of higher education, as defined in section	15509
2907.03 of the Revised Code, that is located within the specified	15510
geographical notification area and within the county served by the	15511
sheriff and the chief law enforcement officer of any state	15512
university law enforcement agency or campus police department	15513
established under section 3345.04 or 1713.50 of the Revised Code	15514
that serves that institution;	15515

(8) The sheriff of each county that includes any portion of	15516
the specified geographical notification area;	15517

(9) If the registrant resides within the county served by the	15518
sheriff, the chief of police, marshal, or other chief law	15519
enforcement officer of the municipal corporation in which the	15520
registrant resides or, if the registrant resides in an	15521
unincorporated area, the constable or chief of the police	15522
department or police district police force of the township in	15523
which the registrant resides.	15524

(B) The notice required under division (A) of this section	15525
shall include the registrant's name, residence or employment	15526
address, as applicable, and a statement that the registrant has	15527
been found liable for childhood sexual abuse in a civil action and	15528
is listed on the civil registry established by the attorney	15529
general pursuant to section 3797.08 of the Revised Code.	15530

(C) If a sheriff with whom a registrant registers under	15531
section 3797.02 or 3797.03 of the Revised Code or to whom the	15532
registrant most recently sent a notice of intent to reside under	15533
section 3797.03 of the Revised Code is required by division (A) of	15534
this section to provide notices regarding a registrant and if the	15535
sheriff provides a notice pursuant to that requirement the sheriff	15536
provides a notice to a sheriff of one or more other counties in	15537
accordance with division (A)(8) of this section, the sheriff of	15538
each of the other counties who is provided notice under division	15539
(A)(8) of this section shall provide the notices described in	15540
divisions (A)(1) to (7) and (A)(9) of this section to each person	15541
or entity identified within those divisions that is located within	15542
the specified geographical notification area and within the county	15543
served by the sheriff in question.	15544

(D)(1) A sheriff required by division (A) or (C) of this	15545
section to provide notices regarding a registrant shall provide	15546
the notice to the neighbors that are described in division (A)(1)	15547
of this section and the notices to law enforcement personnel that	15548
are described in divisions (A)(8) and (9) of this section as soon	15549
as practicable, but not later than five days after the registrant	15550
sends the notice of intent to reside to the sheriff, and again not	15551
later than five days after the registrant registers with the	15552
sheriff or, if the sheriff is required by division (C) to provide	15553
the notices, not later than five days after the sheriff is	15554
provided the notice described in division (A)(8) of this section.	15555

A sheriff required by division (A) or (C) of this section to	15556
provide notices regarding a registrant shall provide the notices	15557
to all other specified persons that are described in divisions	15558
(A)(2) to (7) of this section as soon as practicable, but not	15559
later than seven days after the registrant registers with the	15560
sheriff, or, if the sheriff is required by division (C) to provide	15561
the notices, not later than five days after the sheriff is	15562
provided the notice described in division (A)(8) of this section.	15563

(2) If a registrant in relation to whom division (A) of this	15564
section applies verifies the registrant's current residence	15565
address with a sheriff pursuant to section 3797.04 of the Revised	15566
Code, the sheriff may provide a written notice containing the	15567
information set forth in division (B) of this section to the	15568
persons identified in divisions (A)(1) to (9) of this section. If	15569
a sheriff provides a notice pursuant to this division to the	15570
sheriff of one or more other counties in accordance with division	15571
(A)(8) of this section, the sheriff of each of the other counties	15572
who is provided the notice under division (A)(8) of this section	15573
may provide, but is not required to provide, a written notice	15574
containing the information set forth in division (B) of this	15575
section to the persons identified in divisions (A)(1) to (7) and	15576
(A)(9) of this section.	15577

(3) A sheriff may provide notice under division (A)(1)(a) or	15578
(b) of this section, and may provide notice under division	15579
(A)(1)(c) of this section to a building manager or person	15580
authorized to exercise management and control of a building, by	15581
mail, by personal contact, or by leaving the notice at or under	15582
the entry door to a residential unit. For purposes of divisions	15583
(A)(1)(a) and (b) of this section and of the portion of division	15584
(A)(1)(c) of this section relating to the provision of notice to	15585
occupants of a multi-unit building by mail or personal contact,	15586
the provision of one written notice per unit is deemed providing	15587
notice to all occupants of that unit.	15588

(E) All information that a sheriff possesses regarding a	15589
registrant that is described in division (B) of this section and	15590
that must be provided in a notice required under division (A) or	15591
(C) of this section or that may be provided in a notice authorized	15592
under division (D)(2) of this section is a public record that is	15593
open to inspection under section 149.43 of the Revised Code.	15594

(F) A sheriff required by division (A) or (C) of this	15595
section, or authorized by division (D)(2) of this section, to	15596
provide notices regarding a registrant may request the department	15597
of job and family services, department of education, or Ohio board	15598
of regents, by telephone, in registrant, or by mail, to provide	15599
the sheriff with the names, addresses, and telephone numbers of	15600
the appropriate persons and entities to whom the notices described	15601
in divisions (A)(2) to (7) of this section are to be provided.	15602
Upon receipt of a request, the department or board shall provide	15603
the requesting sheriff with the names, addresses, and telephone	15604
numbers of the appropriate persons and entities to whom those	15605
notices are to be provided.	15606

(G)(1) Upon the motion of the registrant or the judge that	15607
entered a declaratory judgment pursuant to section 2721.21 of the	15608
Revised Code or that judge's successor in office, the judge may	15609
schedule a hearing to determine whether the interests of justice	15610
would be served by suspending the community notification	15611
requirement under this section in relation to the registrant. The	15612
judge may dismiss the motion without a hearing but may not issue	15613
an order suspending the community notification requirement without	15614
a hearing. At the hearing, all parties are entitled to be heard.	15615
If, at the conclusion of the hearing, the judge finds that the	15616
registrant has proven by clear and convincing evidence that the	15617
registrant is unlikely to commit childhood sexual abuse in the	15618
future and that suspending the community notification requirement	15619
is in the interests of justice, the judge may issue an order	15620
suspending the application of this section in relation to the	15621
registrant. The order shall contain both of these findings.	15622

The judge promptly shall serve a copy of the order upon the	15623
sheriff with whom the registrant most recently registered a	15624
residence address and the sheriff with whom the registrant most	15625
recently registered an employment address under section 3797.02 of	15626
the Revised Code.	15627

An order suspending the community notification requirement	15628
does not suspend or otherwise alter a registrant's duties to	15629
comply with sections 3797.02, 3797.03, and 3797.04 of the Revised	15630
Code.	15631

(2) A registrant has the right to appeal an order denying a	15632
motion made under division (G)(1) of this section.	15633

Sec. 4511.81. (A) When any child who is in either or both of	15634
the following categories is being transported in a motor vehicle,	15635
other than a taxicab or public safety vehicle as defined in	15636
section 4511.01 of the Revised Code, that is required by the	15637
United States department of transportation to be equipped with	15638
seat belts at the time of manufacture or assembly, the operator of	15639
the motor vehicle shall have the child properly secured in	15640
accordance with the manufacturer's instructions in a child	15641
restraint system that meets federal motor vehicle safety	15642
standards:	15643

(1) A child who is less than four years of age;

15644

(2) A child who weighs less than forty pounds.

15645

(B) When any child who is in either or both of the following	15646
categories is being transported in a motor vehicle, other than a	15647
taxicab, that is owned, leased, or otherwise under the control of	15648
a nursery school or day-care center, the operator of the motor	15649
vehicle shall have the child properly secured in accordance with	15650
the manufacturer's instructions in a child restraint system that	15651
meets federal motor vehicle safety standards:	15652

(1) A child who is less than four years of age;

15653

(2) A child who weighs less than forty pounds.

15654

(C) When any child who is less than eight years of age and	15655
less than four feet nine inches in height, who is not required by	15656
division (A) or (B) of this section to be secured in a child	15657
restraint system, is being transported in a motor vehicle, other	15658
than a taxicab or public safety vehicle as defined in section	15659
4511.01 of the Revised Code or a vehicle that is regulated under	15660
section ~~5104.011~~5104.015 of the Revised Code, that is required by	15661
the United States department of transportation to be equipped with	15662
seat belts at the time of manufacture or assembly, the operator of	15663
the motor vehicle shall have the child properly secured in	15664
accordance with the manufacturer's instructions on a booster seat	15665
that meets federal motor vehicle safety standards.	15666

(D) When any child who is at least eight years of age but not	15667
older than fifteen years of age, and who is not otherwise required	15668
by division (A), (B), or (C) of this section to be secured in a	15669
child restraint system or booster seat, is being transported in a	15670
motor vehicle, other than a taxicab or public safety vehicle as	15671
defined in section 4511.01 of the Revised Code, that is required	15672
by the United States department of transportation to be equipped	15673
with seat belts at the time of manufacture or assembly, the	15674
operator of the motor vehicle shall have the child properly	15675
restrained either in accordance with the manufacturer's	15676
instructions in a child restraint system that meets federal motor	15677
vehicle safety standards or in an occupant restraining device as	15678
defined in section 4513.263 of the Revised Code.	15679

(E) Notwithstanding any provision of law to the contrary, no	15680
law enforcement officer shall cause an operator of a motor vehicle	15681
being operated on any street or highway to stop the motor vehicle	15682
for the sole purpose of determining whether a violation of	15683
division (C) or (D) of this section has been or is being committed	15684
or for the sole purpose of issuing a ticket, citation, or summons	15685
for a violation of division (C) or (D) of this section or causing	15686
the arrest of or commencing a prosecution of a person for a	15687
violation of division (C) or (D) of this section, and absent	15688
another violation of law, a law enforcement officer's view of the	15689
interior or visual inspection of a motor vehicle being operated on	15690
any street or highway may not be used for the purpose of	15691
determining whether a violation of division (C) or (D) of this	15692
section has been or is being committed.	15693

(F) The director of public safety shall adopt such rules as	15694
are necessary to carry out this section.	15695

(G) The failure of an operator of a motor vehicle to secure a	15696
child in a child restraint system, a booster seat, or an occupant	15697
restraining device as required by this section is not negligence	15698
imputable to the child, is not admissible as evidence in any civil	15699
action involving the rights of the child against any other person	15700
allegedly liable for injuries to the child, is not to be used as a	15701
basis for a criminal prosecution of the operator of the motor	15702
vehicle other than a prosecution for a violation of this section,	15703
and is not admissible as evidence in any criminal action involving	15704
the operator of the motor vehicle other than a prosecution for a	15705
violation of this section.	15706

(H) This section does not apply when an emergency exists that	15707
threatens the life of any person operating or occupying a motor	15708
vehicle that is being used to transport a child who otherwise	15709
would be required to be restrained under this section. This	15710
section does not apply to a person operating a motor vehicle who	15711
has an affidavit signed by a physician licensed to practice in	15712
this state under Chapter 4731. of the Revised Code or a	15713
chiropractor licensed to practice in this state under Chapter	15714
4734. of the Revised Code that states that the child who otherwise	15715
would be required to be restrained under this section has a	15716
physical impairment that makes use of a child restraint system,	15717
booster seat, or an occupant restraining device impossible or	15718
impractical, provided that the person operating the vehicle has	15719
safely and appropriately restrained the child in accordance with	15720
any recommendations of the physician or chiropractor as noted on	15721
the affidavit.	15722

(I) There is hereby created in the state treasury the child	15723
highway safety fund, consisting of fines imposed pursuant to	15724
division (K)(1) of this section for violations of divisions (A),	15725
(B), (C), and (D) of this section. The money in the fund shall be	15726
used by the department of health only to defray the cost of	15727
designating hospitals as pediatric trauma centers under section	15728
3727.081 of the Revised Code and to establish and administer a	15729
child highway safety program. The purpose of the program shall be	15730
to educate the public about child restraint systems and booster	15731
seats and the importance of their proper use. The program also	15732
shall include a process for providing child restraint systems and	15733
booster seats to persons who meet the eligibility criteria	15734
established by the department, and a toll-free telephone number	15735
the public may utilize to obtain information about child restraint	15736
systems and booster seats, and their proper use.	15737

(J) The director of health, in accordance with Chapter 119.	15738
of the Revised Code, shall adopt any rules necessary to carry out	15739
this section, including rules establishing the criteria a person	15740
must meet in order to receive a child restraint system or booster	15741
seat under the department's child highway safety program; provided	15742
that rules relating to the verification of pediatric trauma	15743
centers shall not be adopted under this section.	15744

(K) Nothing in this section shall be construed to require any	15745
person to carry with the person the birth certificate of a child	15746
to prove the age of the child, but the production of a valid birth	15747
certificate for a child showing that the child was not of an age	15748
to which this section applies is a defense against any ticket,	15749
citation, or summons issued for violating this section.	15750

(L)(1) Whoever violates division (A), (B), (C), or (D) of	15751
this section shall be punished as follows, provided that the	15752
failure of an operator of a motor vehicle to secure more than one	15753
child in a child restraint system, booster seat, or occupant	15754
restraining device as required by this section that occurred at	15755
the same time, on the same day, and at the same location is deemed	15756
to be a single violation of this section:	15757

(a) Except as otherwise provided in division (L)(1)(b) of	15758
this section, the offender is guilty of a minor misdemeanor and	15759
shall be fined not less than twenty-five dollars nor more than	15760
seventy-five dollars.	15761

(b) If the offender previously has been convicted of or	15762
pleaded guilty to a violation of division (A), (B), (C), or (D) of	15763
this section or of a municipal ordinance that is substantially	15764
similar to any of those divisions, the offender is guilty of a	15765
misdemeanor of the fourth degree.	15766

(2) All fines imposed pursuant to division (L)(1) of this	15767
section shall be forwarded to the treasurer of state for deposit	15768
in the child highway safety fund created by division (I) of this	15769
section.	15770

Sec. 5101.29. When contained in a record held by the	15771
department of job and family services or a county agency, the	15772
following are not public records for purposes of section 149.43 of	15773
the Revised Code:	15774

(A) Names and other identifying information regarding	15775
children enrolled in or attending a child day-care center or home	15776
subject to licensure~~, certification,~~ or registration under Chapter	15777
5104. of the Revised Code;	15778

(B) Names and other identifying information regarding	15779
children placed with an institution or association certified under	15780
section 5103.03 of the Revised Code;	15781

(C) Names and other identifying information regarding a	15782
person who makes an oral or written complaint regarding an	15783
institution, association, child day-care center, or home subject	15784
to licensure~~, certification,~~ or registration to the department or	15785
other state or county entity responsible for enforcing Chapter	15786
5103. or 5104. of the Revised Code;	15787

(D)(1) Except as otherwise provided in division (D)(2) of	15788
this section, names, documentation, and other identifying	15789
information regarding a foster caregiver or a prospective foster	15790
caregiver, including the foster caregiver application for	15791
certification under section 5103.03 of the Revised Code and the	15792
home study conducted pursuant to section 5103.0324 of the Revised	15793
Code.	15794

(2) Notwithstanding division (D)(1) of this section, the	15795
following are public records for the purposes of section 149.43 of	15796
the Revised Code, when contained in a record held by the	15797
department of job and family services, a county agency, or other	15798
governmental entity:	15799

(a) All of the following information regarding a currently	15800
certified foster caregiver who has had a foster care certificate	15801
revoked pursuant to Chapter 5103. of the Revised Code or, after	15802
receiving a current or current renewed certificate has been	15803
convicted of, pleaded guilty to, or indicted or otherwise charged	15804
with any offense described in division (C)(1) of section 2151.86	15805
of the Revised Code:	15806

(i) The foster caregiver's name, date of birth, and county of	15807
residence;	15808

(ii) The date of the foster caregiver's certification;

15809

(iii) The date of each placement of a foster child into the	15810
foster caregiver's home;	15811

(iv) If applicable, the date of the removal of a foster child	15812
from the foster caregiver's home and the reason for the foster	15813
child's removal unless release of such information would be	15814
detrimental to the foster child or other children residing in the	15815
foster caregiver's home;	15816

(v) If applicable, the date of the foster care certificate	15817
revocation and all documents related to the revocation unless	15818
otherwise not a public record pursuant to section 149.43 of the	15819
Revised Code.	15820

(b) Nonidentifying foster care statistics including, but not	15821
limited to, the number of foster caregivers and foster care	15822
certificate revocations.	15823

Sec. 5103.03. (A) The director of job and family services	15824
shall adopt rules as necessary for the adequate and competent	15825
management of institutions or associations. The director shall	15826
ensure that foster care home study rules adopted under this	15827
section align any home study content, time period, and process	15828
with any home study content, time period, and process required by	15829
rules adopted under section 3107.033 of the Revised Code.	15830

(B)(1) Except for facilities under the control of the	15831
department of youth services, places of detention for children	15832
established and maintained pursuant to sections 2152.41 to 2152.44	15833
of the Revised Code, and child day-care centers subject to Chapter	15834
5104. of the Revised Code, the department of job and family	15835
services every two years shall pass upon the fitness of every	15836
institution and association that receives, or desires to receive	15837
and care for children, or places children in private homes.	15838

(2) When the department of job and family services is	15839
satisfied as to the care given such children, and that the	15840
requirements of the statutes and rules covering the management of	15841
such institutions and associations are being complied with, it	15842
shall issue to the institution or association a certificate to	15843
that effect. A certificate is valid for two years, unless sooner	15844
revoked by the department. When determining whether an institution	15845
or association meets a particular requirement for certification,	15846
the department may consider the institution or association to have	15847
met the requirement if the institution or association shows to the	15848
department's satisfaction that it has met a comparable requirement	15849
to be accredited by a nationally recognized accreditation	15850
organization.	15851

(3) The department may issue a temporary certificate valid	15852
for less than one year authorizing an institution or association	15853
to operate until minimum requirements have been met.	15854

(4) An institution or association that knowingly makes a	15855
false statement that is included as a part of certification under	15856
this section is guilty of the offense of falsification under	15857
section 2921.13 of the Revised Code and the department shall not	15858
certify that institution or association.	15859

(5) The department shall not issue a certificate to a	15860
prospective foster home or prospective specialized foster home	15861
pursuant to this section if the prospective foster home or	15862
prospective specialized foster home operates as a type A family	15863
day-care home pursuant to Chapter 5104. of the Revised Code. The	15864
department shall not issue a certificate to a prospective	15865
specialized foster home if the prospective specialized foster home	15866
operates a type B family day-care home pursuant to Chapter 5104.	15867
of the Revised Code.	15868

(C) The department may revoke a certificate if it finds that	15869
the institution or association is in violation of law or rule. No	15870
juvenile court shall commit a child to an association or	15871
institution that is required to be certified under this section if	15872
its certificate has been revoked or, if after revocation, the date	15873
of reissue is less than fifteen months prior to the proposed	15874
commitment.	15875

(D) Every two years, on a date specified by the department,	15876
each institution or association desiring certification or	15877
recertification shall submit to the department a report showing	15878
its condition, management, competency to care adequately for the	15879
children who have been or may be committed to it or to whom it	15880
provides care or services, the system of visitation it employs for	15881
children placed in private homes, and other information the	15882
department requires:.	15883

(E) The department shall, not less than once each year, send	15884
a list of certified institutions and associations to each juvenile	15885
court and certified association or institution.	15886

(F) No person shall receive children or receive or solicit	15887
money on behalf of such an institution or association not so	15888
certified or whose certificate has been revoked.	15889

(G)(1) The director may delegate by rule any duties imposed	15890
on it by this section to inspect and approve family foster homes	15891
and specialized foster homes to public children services agencies,	15892
private child placing agencies, or private noncustodial agencies.	15893

(2) The director shall adopt rules that require a foster	15894
caregiver or other individual certified to operate a foster home	15895
under this section to notify the recommending agency that the	15896
foster caregiver or other individual is ~~certified~~licensed to	15897
operate a type B family day-care home under Chapter 5104. of the	15898
Revised Code.	15899

(H) If the director of job and family services determines	15900
that an institution or association that cares for children is	15901
operating without a certificate, the director may petition the	15902
court of common pleas in the county in which the institution or	15903
association is located for an order enjoining its operation. The	15904
court shall grant injunctive relief upon a showing that the	15905
institution or association is operating without a certificate.	15906

(I) If both of the following are the case, the director of	15907
job and family services may petition the court of common pleas of	15908
any county in which an institution or association that holds a	15909
certificate under this section operates for an order, and the	15910
court may issue an order, preventing the institution or	15911
association from receiving additional children into its care or an	15912
order removing children from its care:	15913

(1) The department has evidence that the life, health, or	15914
safety of one or more children in the care of the institution or	15915
association is at imminent risk.	15916

(2) The department has issued a proposed adjudication order	15917
pursuant to Chapter 119. of the Revised Code to deny renewal of or	15918
revoke the certificate of the institution or association.	15919

Sec. 5104.01. As used in this chapter:

15920

(A) "Administrator" means the person responsible for the	15921
daily operation of a center or, type A home, or type B home. The	15922
administrator and the owner may be the same person.	15923

(B) "Approved child day camp" means a child day camp approved	15924
pursuant to section 5104.22 of the Revised Code.	15925

(C) ~~"Authorized provider" means a person authorized by a~~	15926
~~county director of job and family services to operate a certified~~	15927
~~type B family day-care home.~~	15928

~~(D)~~ "Border state child care provider" means a child care	15929
provider that is located in a state bordering Ohio and that is	15930
licensed, certified, or otherwise approved by that state to	15931
provide child care.	15932

~~(E)~~(D) "Career pathways model" means an alternative pathway	15933
to meeting the requirements to be a child-care staff member or	15934
administrator that does both of the following:	15935

(1) Uses a framework approved by the director of job and	15936
family services to document formal education, training,	15937
experience, and specialized credentials and certifications;	15938

(2) Allows the child-care staff member or administrator to	15939
achieve a designation as an early childhood professional level	15940
one, two, three, four, five, or six.	15941

~~(F)~~(E) "Caretaker parent" means the father or mother of a	15942
child whose presence in the home is needed as the caretaker of the	15943
child, a person who has legal custody of a child and whose	15944
presence in the home is needed as the caretaker of the child, a	15945
guardian of a child whose presence in the home is needed as the	15946
caretaker of the child, and any other person who stands in loco	15947
parentis with respect to the child and whose presence in the home	15948
is needed as the caretaker of the child.	15949

~~(G) "Certified type B family day-care home" and "certified~~	15950
~~type B home" mean a type B family day-care home that is certified~~	15951
~~by the director of the county department of job and family~~	15952
~~services pursuant to section 5104.11 of the Revised Code to~~	15953
~~receive public funds for providing child care pursuant to this~~	15954
~~chapter and any rules adopted under it.~~	15955

~~(H)~~(F) "Chartered nonpublic school" means a school that meets	15956
standards for nonpublic schools prescribed by the state board of	15957
education for nonpublic schools pursuant to section 3301.07 of the	15958
Revised Code.	15959

~~(I)~~(G) "Child" includes an infant, toddler, preschool-age	15960
child, or school-age child.	15961

~~(J)~~(H) "Child care block grant act" means the "Child Care and	15962
Development Block Grant Act of 1990," established in section 5082	15963
of the "Omnibus Budget Reconciliation Act of 1990," 104 Stat.	15964
1388-236 (1990), 42 U.S.C. 9858, as amended.	15965

~~(K)~~(I) "Child day camp" means a program in which only	15966
school-age children attend or participate, that operates for no	15967
more than seven hours per day, that operates only during one or	15968
more public school district's regular vacation periods or for no	15969
more than fifteen weeks during the summer, and that operates	15970
outdoor activities for each child who attends or participates in	15971
the program for a minimum of fifty per cent of each day that	15972
children attend or participate in the program, except for any day	15973
when hazardous weather conditions prevent the program from	15974
operating outdoor activities for a minimum of fifty per cent of	15975
that day. For purposes of this division, the maximum seven hours	15976
of operation time does not include transportation time from a	15977
child's home to a child day camp and from a child day camp to a	15978
child's home.	15979

~~(L)~~(J) "Child care" means administering to the needs of	15980
infants, toddlers, preschool-age children, and school-age children	15981
outside of school hours by persons other than their parents or	15982
guardians, custodians, or relatives by blood, marriage, or	15983
adoption for any part of the twenty-four-hour day in a place or	15984
residence other than a child's own home.	15985

~~(M)~~(K) "Child day-care center" and "center" mean any place in	15986
which child care or publicly funded child care is provided for	15987
thirteen or more children at one time or any place that is not the	15988
permanent residence of the licensee or administrator in which	15989
child care or publicly funded child care is provided for seven to	15990
twelve children at one time. In counting children for the purposes	15991
of this division, any children under six years of age who are	15992
related to a licensee, administrator, or employee and who are on	15993
the premises of the center shall be counted. "Child day-care	15994
center" and "center" do not include any of the following:	15995

(1) A place located in and operated by a hospital, as defined	15996
in section 3727.01 of the Revised Code, in which the needs of	15997
children are administered to, if all the children whose needs are	15998
being administered to are monitored under the on-site supervision	15999
of a physician licensed under Chapter 4731. of the Revised Code or	16000
a registered nurse licensed under Chapter 4723. of the Revised	16001
Code, and the services are provided only for children who, in the	16002
opinion of the child's parent, guardian, or custodian, are	16003
exhibiting symptoms of a communicable disease or other illness or	16004
are injured;	16005

(2) A child day camp;

16006

(3) A place that provides child care, but not publicly funded	16007
child care, if all of the following apply:	16008

(a) An organized religious body provides the child care;

16009

(b) A parent, custodian, or guardian of at least one child	16010
receiving child care is on the premises and readily accessible at	16011
all times;	16012

(c) The child care is not provided for more than thirty days	16013
a year;	16014

(d) The child care is provided only for preschool-age and	16015
school-age children.	16016

~~(N)~~(L) "Child care resource and referral service	16017
organization" means a community-based nonprofit organization that	16018
provides child care resource and referral services but not child	16019
care.	16020

~~(O)~~(M) "Child care resource and referral services" means all	16021
of the following services:	16022

(1) Maintenance of a uniform data base of all child care	16023
providers in the community that are in compliance with this	16024
chapter, including current occupancy and vacancy data;	16025

(2) Provision of individualized consumer education to	16026
families seeking child care;	16027

(3) Provision of timely referrals of available child care	16028
providers to families seeking child care;	16029

(4) Recruitment of child care providers;

16030

(5) Assistance in the development, conduct, and dissemination	16031
of training for child care providers and provision of technical	16032
assistance to current and potential child care providers,	16033
employers, and the community;	16034

(6) Collection and analysis of data on the supply of and	16035
demand for child care in the community;	16036

(7) Technical assistance concerning locally, state, and	16037
federally funded child care and early childhood education	16038
programs;	16039

(8) Stimulation of employer involvement in making child care	16040
more affordable, more available, safer, and of higher quality for	16041
their employees and for the community;	16042

(9) Provision of written educational materials to caretaker	16043
parents and informational resources to child care providers;	16044

(10) Coordination of services among child care resource and	16045
referral service organizations to assist in developing and	16046
maintaining a statewide system of child care resource and referral	16047
services if required by the department of job and family services;	16048

(11) Cooperation with the county department of job and family	16049
services in encouraging the establishment of parent cooperative	16050
child care centers and parent cooperative type A family day-care	16051
homes.	16052

~~(P)~~(N) "Child-care staff member" means an employee of a child	16053
day-care center or type A family day-care home who is primarily	16054
responsible for the care and supervision of children. The	16055
administrator may be a part-time child-care staff member when not	16056
involved in other duties.	16057

~~(Q)~~(O) "Drop-in child day-care center," "drop-in center,"	16058
"drop-in type A family day-care home," and "drop-in type A home"	16059
mean a center or type A home that provides child care or publicly	16060
funded child care for children on a temporary, irregular basis.	16061

~~(R)~~(P) "Employee" means a person who either:

16062

(1) Receives compensation for duties performed in a child	16063
day-care center or type A family day-care home;	16064

(2) Is assigned specific working hours or duties in a child	16065
day-care center or type A family day-care home.	16066

~~(S)~~(Q) "Employer" means a person, firm, institution,	16067
organization, or agency that operates a child day-care center or	16068
type A family day-care home subject to licensure under this	16069
chapter.	16070

~~(T)~~(R) "Federal poverty line" means the official poverty	16071
guideline as revised annually in accordance with section 673(2) of	16072
the "Omnibus Budget Reconciliation Act of 1981," 95 Stat. 511, 42	16073
U.S.C. 9902, as amended, for a family size equal to the size of	16074
the family of the person whose income is being determined.	16075

~~(U)~~(S) "Head start program" means a comprehensive child	16076
development program that receives funds distributed under the	16077
"Head Start Act," 95 Stat. 499 (1981), 42 U.S.C.A. 9831, as	16078
amended, and is licensed as a child day-care center.	16079

~~(V)~~(T) "Income" means gross income, as defined in section	16080
5107.10 of the Revised Code, less any amounts required by federal	16081
statutes or regulations to be disregarded.	16082

~~(W)~~(U) "Indicator checklist" means an inspection tool, used	16083
in conjunction with an instrument-based program monitoring	16084
information system, that contains selected licensing requirements	16085
that are statistically reliable indicators or predictors of a	16086
child day-care ~~center or~~center's type A family day-care home's,	16087
or licensed type B family day-care home's compliance with	16088
licensing requirements.	16089

~~(X)~~(V) "Infant" means a child who is less than eighteen	16090
months of age.	16091

~~(Y)~~(W) "In-home aide" means a person who does not reside with	16092
the child but provides care in the child's home and is certified	16093
by a county director of job and family services pursuant to	16094
section 5104.12 of the Revised Code to provide publicly funded	16095
child care to a child in a child's own home pursuant to this	16096
chapter and any rules adopted under it.	16097

~~(Z)~~(X) "Instrument-based program monitoring information	16098
system" means a method to assess compliance with licensing	16099
requirements for child day-care centers ~~and~~, type A family	16100
day-care homes, and licensed type B family day-care homes in which	16101
each licensing requirement is assigned a weight indicative of the	16102
relative importance of the requirement to the health, growth, and	16103
safety of the children that is used to develop an indicator	16104
checklist.	16105

~~(AA)~~(Y) "License capacity" means the maximum number in each	16106
age category of children who may be cared for in a child day-care	16107
center or type A family day-care home at one time as determined by	16108
the director of job and family services considering building	16109
occupancy limits established by the department of commerce, amount	16110
of available indoor floor space and outdoor play space, and amount	16111
of available play equipment, materials, and supplies. For the	16112
purposes of a provisional license issued under this chapter, the	16113
director shall also consider the number of available child-care	16114
staff members when determining "license capacity" for the	16115
provisional license.	16116

~~(BB)~~(Z) "Licensed child care program" means any of the	16117
following:	16118

(1) A child day-care center licensed by the department of job	16119
and family services pursuant to this chapter;	16120

(2) A type A family day-care home or type B family day-care	16121
home licensed by the department of job and family services	16122
pursuant to this chapter;	16123

(3) ~~A type B family day-care home certified by a county~~	16124
~~department of job and family services pursuant to this chapter;~~	16125

~~(4)~~ A licensed preschool program or licensed school child	16126
program.	16127

~~(CC)~~(AA) "Licensed preschool program" or "licensed school	16128
child program" means a preschool program or school child program,	16129
as defined in section 3301.52 of the Revised Code, that is	16130
licensed by the department of education pursuant to sections	16131
3301.52 to 3301.59 of the Revised Code.	16132

~~(DD)~~(BB) "Licensed type B family day-care home" and "licensed	16133
type B home" mean a type B family day-care home for which there is	16134
a valid license issued by the director of job and family services	16135
pursuant to section 5104.03 of the Revised Code.	16136

(CC) "Licensee" means the owner of a child day-care center	16137
or, type A family day-care home, or type B family day-care home	16138
that is licensed pursuant to this chapter and who is responsible	16139
for ensuring its compliance with this chapter and rules adopted	16140
pursuant to this chapter.	16141

~~(EE)~~(DD) "Operate a child day camp" means to operate,	16142
establish, manage, conduct, or maintain a child day camp.	16143

~~(FF)~~(EE) "Owner" includes a person, as defined in section	16144
1.59 of the Revised Code, or government entity.	16145

~~(GG)~~(FF) "Parent cooperative child day-care center," "parent	16146
cooperative center," "parent cooperative type A family day-care	16147
home," and "parent cooperative type A home" mean a corporation or	16148
association organized for providing educational services to the	16149
children of members of the corporation or association, without	16150
gain to the corporation or association as an entity, in which the	16151
services of the corporation or association are provided only to	16152
children of the members of the corporation or association,	16153
ownership and control of the corporation or association rests	16154
solely with the members of the corporation or association, and at	16155
least one parent-member of the corporation or association is on	16156
the premises of the center or type A home during its hours of	16157
operation.	16158

~~(HH)~~(GG) "Part-time child day-care center," "part-time	16159
center," "part-time type A family day-care home," and "part-time	16160
type A home" mean a center or type A home that provides child care	16161
or publicly funded child care for no more than four hours a day	16162
for any child.	16163

~~(II)~~(HH) "Place of worship" means a building where activities	16164
of an organized religious group are conducted and includes the	16165
grounds and any other buildings on the grounds used for such	16166
activities.	16167

~~(JJ)~~(II) "Preschool-age child" means a child who is three	16168
years old or older but is not a school-age child.	16169

~~(KK)~~(JJ) "Protective child care" means publicly funded child	16170
care for the direct care and protection of a child to whom either	16171
of the following applies:	16172

(1) A case plan prepared and maintained for the child	16173
pursuant to section 2151.412 of the Revised Code indicates a need	16174
for protective care and the child resides with a parent,	16175
stepparent, guardian, or another person who stands in loco	16176
parentis as defined in rules adopted under section 5104.38 of the	16177
Revised Code;	16178

(2) The child and the child's caretaker either temporarily	16179
reside in a facility providing emergency shelter for homeless	16180
families or are determined by the county department of job and	16181
family services to be homeless, and are otherwise ineligible for	16182
publicly funded child care.	16183

~~(LL)~~(KK) "Publicly funded child care" means administering to	16184
the needs of infants, toddlers, preschool-age children, and	16185
school-age children under age thirteen during any part of the	16186
twenty-four-hour day by persons other than their caretaker parents	16187
for remuneration wholly or in part with federal or state funds,	16188
including funds available under the child care block grant act,	16189
Title IV-A, and Title XX, distributed by the department of job and	16190
family services.	16191

~~(MM)~~(LL) "Religious activities" means any of the following:	16192
worship or other religious services; religious instruction; Sunday	16193
school classes or other religious classes conducted during or	16194
prior to worship or other religious services; youth or adult	16195
fellowship activities; choir or other musical group practices or	16196
programs; meals; festivals; or meetings conducted by an organized	16197
religious group.	16198

~~(NN)~~(MM) "School-age child" means a child who is enrolled in	16199
or is eligible to be enrolled in a grade of kindergarten or above	16200
but is less than fifteen years old.	16201

~~(OO)~~(NN) "School-age child care center" and "school-age child	16202
type A home" mean a center or type A home that provides child care	16203
for school-age children only and that does either or both of the	16204
following:	16205

(1) Operates only during that part of the day that	16206
immediately precedes or follows the public school day of the	16207
school district in which the center or type A home is located;	16208

(2) Operates only when the public schools in the school	16209
district in which the center or type A home is located are not	16210
open for instruction with pupils in attendance.	16211

~~(PP)~~(OO) "Serious risk noncompliance" means a licensure or	16212
certification rule violation that leads to a great risk of harm	16213
to, or death of, a child, and is observable, not inferable.	16214

~~(QQ)~~(PP) "State median income" means the state median income	16215
calculated by the department of development pursuant to division	16216
(A)(1)(g) of section 5709.61 of the Revised Code.	16217

~~(RR)~~(QQ) "Title IV-A" means Title IV-A of the "Social	16218
Security Act," 110 Stat. 2113 (1996), 42 U.S.C. 601, as amended.	16219

~~(SS)~~(RR) "Title XX" means Title XX of the "Social Security	16220
Act," 88 Stat. 2337 (1974), 42 U.S.C. 1397, as amended.	16221

~~(TT)~~(SS) "Toddler" means a child who is at least eighteen	16222
months of age but less than three years of age.	16223

~~(UU)~~(TT) "Type A family day-care home" and "type A home" mean	16224
a permanent residence of the administrator in which child care or	16225
publicly funded child care is provided for seven to twelve	16226
children at one time or a permanent residence of the administrator	16227
in which child care is provided for four to twelve children at one	16228
time if four or more children at one time are under two years of	16229
age. In counting children for the purposes of this division, any	16230
children under six years of age who are related to a licensee,	16231
administrator, or employee and who are on the premises of the type	16232
A home shall be counted. "Type A family day-care home" and "type A	16233
home" do not include any child day camp.	16234

~~(VV)~~(UU) "Type B family day-care home" and "type B home" mean	16235
a permanent residence of the provider in which child care is	16236
provided for one to six children at one time and in which no more	16237
than three children are under two years of age at one time. In	16238
counting children for the purposes of this division, any children	16239
under six years of age who are related to the provider and who are	16240
on the premises of the type B home shall be counted. "Type B	16241
family day-care home" and "type B home" do not include any child	16242
day camp.	16243

Sec. 5104.012. (A)(1) At the times specified in this	16244
division, the administrator of a child day-care center or a type A	16245
family day-care home shall request the superintendent of the	16246
bureau of criminal identification and investigation to conduct a	16247
criminal records check with respect to any applicant who has	16248
applied to the center or type A home for employment as a person	16249
responsible for the care, custody, or control of a child.	16250

The administrator shall request a criminal records check	16251
pursuant to this division at the time of the applicant's initial	16252
application for employment and every four years thereafter. When	16253
the administrator requests pursuant to this division a criminal	16254
records check for an applicant at the time of the applicant's	16255
initial application for employment, the administrator shall	16256
request that the superintendent obtain information from the	16257
federal bureau of investigation as a part of the criminal records	16258
check for the applicant, including fingerprint-based checks of	16259
national crime information databases as described in 42 U.S.C.	16260
671, for the person subject to the criminal records check. In all	16261
other cases in which the administrator requests a criminal records	16262
check for an applicant pursuant to this division, the	16263
administrator may request that the superintendent include	16264
information from the federal bureau of investigation in the	16265
criminal records check, including fingerprint-based checks of	16266
national crime information databases as described in 42 U.S.C.	16267
671.	16268

(2) A person required by division (A)(1) of this section to	16269
request a criminal records check shall provide to each applicant a	16270
copy of the form prescribed pursuant to division (C)(1) of section	16271
109.572 of the Revised Code, provide to each applicant a standard	16272
impression sheet to obtain fingerprint impressions prescribed	16273
pursuant to division (C)(2) of section 109.572 of the Revised	16274
Code, obtain the completed form and impression sheet from each	16275
applicant, and forward the completed form and impression sheet to	16276
the superintendent of the bureau of criminal identification and	16277
investigation at the time the person requests a criminal records	16278
check pursuant to division (A)(1) of this section. On and after	16279
August 14, 2008, the administrator of a child day-care center or a	16280
type A family day-care home shall review the results of the	16281
criminal records check before the applicant has sole	16282
responsibility for the care, custody, or control of any child.	16283

(3) An applicant who receives pursuant to division (A)(2) of	16284
this section a copy of the form prescribed pursuant to division	16285
(C)(1) of section 109.572 of the Revised Code and a copy of an	16286
impression sheet prescribed pursuant to division (C)(2) of that	16287
section and who is requested to complete the form and provide a	16288
set of fingerprint impressions shall complete the form or provide	16289
all the information necessary to complete the form and shall	16290
provide the impression sheet with the impressions of the	16291
applicant's fingerprints. If an applicant, upon request, fails to	16292
provide the information necessary to complete the form or fails to	16293
provide impressions of the applicant's fingerprints, the center or	16294
type A home shall not employ that applicant for any position for	16295
which a criminal records check is required by division (A)(1) of	16296
this section.	16297

(B)(1) Except as provided in rules adopted under division (E)	16298
of this section, no child day-care center or type A family	16299
day-care home shall employ or contract with another entity for the	16300
services of a person as a person responsible for the care,	16301
custody, or control of a child if the person previously has been	16302
convicted of or pleaded guilty to any of the violations described	16303
in division (A)(9) of section 109.572 of the Revised Code.	16304

(2) A child day-care center or type A family day-care home	16305
may employ an applicant conditionally until the criminal records	16306
check required by this section is completed and the center or home	16307
receives the results of the criminal records check. If the results	16308
of the criminal records check indicate that, pursuant to division	16309
(B)(1) of this section, the applicant does not qualify for	16310
employment, the center or home shall release the applicant from	16311
employment.	16312

(C)(1) Each child day-care center and type A family day-care	16313
home shall pay to the bureau of criminal identification and	16314
investigation the fee prescribed pursuant to division (C)(3) of	16315
section 109.572 of the Revised Code for each criminal records	16316
check conducted in accordance with that section upon the request	16317
pursuant to division (A)(1) of this section of the administrator	16318
or provider of the center or home.	16319

(2) A child day-care center and type A family day-care home	16320
may charge an applicant a fee for the costs it incurs in obtaining	16321
a criminal records check under this section. A fee charged under	16322
this division shall not exceed the amount of fees the center or	16323
home pays under division (C)(1) of this section. If a fee is	16324
charged under this division, the center or home shall notify the	16325
applicant at the time of the applicant's initial application for	16326
employment of the amount of the fee and that, unless the fee is	16327
paid, the center or type A home will not consider the applicant	16328
for employment.	16329

(D) The report of any criminal records check conducted by the	16330
bureau of criminal identification and investigation in accordance	16331
with section 109.572 of the Revised Code and pursuant to a request	16332
under division (A)(1) of this section is not a public record for	16333
the purposes of section 149.43 of the Revised Code and shall not	16334
be made available to any person other than the applicant who is	16335
the subject of the criminal records check or the applicant's	16336
representative; the center or type A home requesting the criminal	16337
records check or its representative; the department of job and	16338
family services or a county department of job and family services;	16339
and any court, hearing officer, or other necessary individual	16340
involved in a case dealing with the denial of employment to the	16341
applicant.	16342

(E) The director of job and family services shall adopt rules	16343
pursuant to Chapter 119. of the Revised Code to implement this	16344
section, including rules specifying circumstances under which a	16345
center or home may hire a person who has been convicted of an	16346
offense listed in division (B)(1) of this section but who meets	16347
standards in regard to rehabilitation set by the department.	16348

(F) Any person required by division (A)(1) of this section to	16349
request a criminal records check shall inform each person, at the	16350
time of the person's initial application for employment, that the	16351
person is required to provide a set of impressions of the person's	16352
fingerprints and that a criminal records check is required to be	16353
conducted and satisfactorily completed in accordance with section	16354
109.572 of the Revised Code if the person comes under final	16355
consideration for appointment or employment as a precondition to	16356
employment for that position.	16357

(G) As used in this section:

16358

(1) "Applicant" means a person who is under final	16359
consideration for appointment to or employment in a position with	16360
a child day-care center or a type A family day-care home as a	16361
person responsible for the care, custody, or control of a child;	16362
~~an in-home aide certified pursuant to section 5104.12 of the~~	16363
~~Revised Code;~~ or any person who would serve in any position with a	16364
child day-care center or a type A family day-care home as a person	16365
responsible for the care, custody, or control of a child pursuant	16366
to a contract with another entity.	16367

(2) "Criminal records check" has the same meaning as in	16368
section 109.572 of the Revised Code.	16369

Sec. 5104.013. (A)(1) At the times specified in division	16370
(A)(3) of this section, the director of job and family services,	16371
as part of the process of licensure of child day-care centers ~~and~~,	16372
type A family day-care homes, and licensed type B family day-care	16373
homes shall request the superintendent of the bureau of criminal	16374
identification and investigation to conduct a criminal records	16375
check with respect to the following persons:	16376

(a) Any owner, licensee, or administrator of a child day-care	16377
center;	16378

(b) Any owner, licensee, or administrator of a type A family	16379
day-care home and any person eighteen years of age or older who	16380
resides in a type A family day-care home.;	16381

~~(2) At the times specified in division (A)(3) of this~~	16382
~~section, the director of a county department of job and family~~	16383
~~services, as part of the process of certification of type B family~~	16384
~~day-care homes, shall request the superintendent of the bureau of~~	16385
~~criminal identification and investigation to conduct a criminal~~	16386
~~records check with respect to any authorized provider~~(c) Any	16387
administrator of a ~~certified~~licensed type B family day-care home	16388
and any person eighteen years of age or older who resides in a	16389
~~certified~~licensed type B family day-care home.	16390

(2) At the time specified in division (A)(3) of this section,	16391
the director of a county department of job and family services, as	16392
part of the process of certification of in-home aides, shall	16393
request the superintendent of the bureau of criminal	16394
identification and investigation to conduct a criminal records	16395
check with respect to any in-home aide.	16396

(3) The director of job and family services shall request a	16397
criminal records check pursuant to division (A)(1) of this section	16398
at the time of the initial application for licensure and every	16399
four years thereafter. The director of a county department of job	16400
and family services shall request a criminal records check	16401
pursuant to division (A)(2) of this section at the time of the	16402
initial application for certification and every four years	16403
thereafter ~~at the time of a certification renewal~~. When the	16404
director of job and family services or the director of a county	16405
department of job and family services requests pursuant to	16406
division (A)(1) or (2) of this section a criminal records check	16407
for a person at the time of the person's initial application for	16408
licensure or certification, the director shall request that the	16409
superintendent of the bureau of criminal identification and	16410
investigation obtain information from the federal bureau of	16411
investigation as a part of the criminal records check for the	16412
person, including fingerprint-based checks of national crime	16413
information databases as described in 42 U.S.C. 671 for the person	16414
subject to the criminal records check. In all other cases in which	16415
the director of job and family services or the director of a	16416
county department of job and family services requests a criminal	16417
records check for an applicant pursuant to division (A)(1) or (2)	16418
of this section, the director may request that the superintendent	16419
include information from the federal bureau of investigation in	16420
the criminal records check, including fingerprint-based checks of	16421
national crime information databases as described in 42 U.S.C.	16422
671.	16423

(4) The director of job and family services shall review the	16424
results of a criminal records check subsequent to a request made	16425
pursuant to divisions (A)(1) and (3) of this section prior to	16426
approval of a license. The director of a county department of job	16427
and family services shall review the results of a criminal records	16428
check subsequent to a request made pursuant to divisions (A)(2)	16429
and (3) of this section prior to approval of certification.	16430

(B) The director of job and family services or the director	16431
of a county department of job and family services shall provide to	16432
each person for whom a criminal records check is required under	16433
this section a copy of the form prescribed pursuant to division	16434
(C)(1) of section 109.572 of the Revised Code and a standard	16435
impression sheet to obtain fingerprint impressions prescribed	16436
pursuant to division (C)(2) of that section, obtain the completed	16437
form and impression sheet from that person, and forward the	16438
completed form and impression sheet to the superintendent of the	16439
bureau of criminal identification and investigation.	16440

(C) A person who receives pursuant to division (B) of this	16441
section a copy of the form and standard impression sheet described	16442
in that division and who is requested to complete the form and	16443
provide a set of fingerprint impressions shall complete the form	16444
or provide all the information necessary to complete the form and	16445
shall provide the impression sheet with the impressions of the	16446
person's fingerprints. If the person, upon request, fails to	16447
provide the information necessary to complete the form or fails to	16448
provide impressions of the person's fingerprints, the director may	16449
consider the failure as a reason to deny licensure or	16450
certification.	16451

(D) Except as provided in rules adopted under division (G) of	16452
this section, the director of job and family services shall not	16453
grant a license to a child day-care center or, type A family	16454
day-care home ~~and a county director of job and family services~~	16455
~~shall not certify a~~, or type B family day-care home and a county	16456
director of job and family services shall not certify an in-home	16457
aide if a person for whom a criminal records check was required in	16458
connection with the center or home previously has been convicted	16459
of or pleaded guilty to any of the violations described in	16460
division (A)(9) of section 109.572 of the Revised Code.	16461

(E) Each child day-care center, type A family day-care home,	16462
and type B family day-care home shall pay to the bureau of	16463
criminal identification and investigation the fee prescribed	16464
pursuant to division (C)(3) of section 109.572 of the Revised Code	16465
for each criminal records check conducted in accordance with that	16466
section upon a request made pursuant to division (A) of this	16467
section.	16468

(F) The report of any criminal records check conducted by the	16469
bureau of criminal identification and investigation in accordance	16470
with section 109.572 of the Revised Code and pursuant to a request	16471
made under division (A) of this section is not a public record for	16472
the purposes of section 149.43 of the Revised Code and shall not	16473
be made available to any person other than the person who is the	16474
subject of the criminal records check or the person's	16475
representative, the director of job and family services, the	16476
director of a county department of job and family services, the	16477
center, type A home, or type B home involved, and any court,	16478
hearing officer, or other necessary individual involved in a case	16479
dealing with a denial of licensure or certification related to the	16480
criminal records check.	16481

(G) The director of job and family services shall adopt rules	16482
~~pursuant to~~in accordance with Chapter 119. of the Revised Code to	16483
implement this section, including rules specifying exceptions to	16484
the prohibition in division (D) of this section for persons who	16485
have been convicted of an offense listed in that division but who	16486
meet standards in regard to rehabilitation set by the ~~department~~	16487
director.	16488

(H) As used in this section, "criminal records check" has the	16489
same meaning as in section 109.572 of the Revised Code.	16490

~~Sec. 5104.011.~~ Sec. 5104.015. ~~(A)~~ The director of job and family	16491
services shall adopt rules ~~pursuant to~~in accordance with Chapter	16492
119. of the Revised Code governing the operation of child day-care	16493
centers, including~~, but not limited to,~~ parent cooperative	16494
centers, part-time centers, drop-in centers, and school-age child	16495
care centers~~, which~~. The rules shall reflect the various forms of	16496
child care and the needs of children receiving child care or	16497
publicly funded child care and shall include specific rules for	16498
school-age child care centers that are developed in consultation	16499
with the department of education. The rules shall not require an	16500
existing school facility that is in compliance with applicable	16501
building codes to undergo an additional building code inspection	16502
or to have structural modifications. The rules shall include the	16503
following:	16504

~~(1)~~(A) Submission of a site plan and descriptive plan of	16505
operation to demonstrate how the center proposes to meet the	16506
requirements of this chapter and rules adopted pursuant to this	16507
chapter for the initial license application;	16508

~~(2)~~(B) Standards for ensuring that the physical surroundings	16509
of the center are safe and sanitary including~~, but not limited to,~~	16510
the physical environment, the physical plant, and the equipment of	16511
the center;	16512

~~(3)~~(C) Standards for the supervision, care, and discipline of	16513
children receiving child care or publicly funded child care in the	16514
center;	16515

~~(4)~~(D) Standards for a program of activities, and for play	16516
equipment, materials, and supplies, to enhance the development of	16517
each child; however, any educational curricula, philosophies, and	16518
methodologies that are developmentally appropriate and that	16519
enhance the social, emotional, intellectual, and physical	16520
development of each child shall be permissible. As used in this	16521
division, "program" does not include instruction in religious or	16522
moral doctrines, beliefs, or values that is conducted at child	16523
day-care centers owned and operated by churches and does include	16524
methods of disciplining children at child day-care centers.	16525

~~(5)~~(E) Admissions policies and procedures, health care	16526
policies and procedures, including~~, but not limited to,~~ procedures	16527
for the isolation of children with communicable diseases, first	16528
aid and emergency procedures, procedures for discipline and	16529
supervision of children, standards for the provision of nutritious	16530
meals and snacks, and procedures for screening children and	16531
employees, that may include any necessary physical examinations	16532
and immunizations;	16533

~~(6)~~(F) Methods for encouraging parental participation in the	16534
center and methods for ensuring that the rights of children,	16535
parents, and employees are protected and that responsibilities of	16536
parents and employees are met;	16537

~~(7)~~(G) Procedures for ensuring the safety and adequate	16538
supervision of children traveling off the premises of the center	16539
while under the care of a center employee;	16540

~~(8)~~(H) Procedures for record keeping, organization, and	16541
administration;	16542

~~(9)~~(I) Procedures for issuing, denying, and revoking a	16543
license that are not otherwise provided for in Chapter 119. of the	16544
Revised Code;	16545

~~(10)~~(J) Inspection procedures;

16546

~~(11)~~(K) Procedures and standards for setting initial license	16547
application fees;	16548

~~(12)~~(L) Procedures for receiving, recording, and responding	16549
to complaints about centers;	16550

~~(13)~~(M) Procedures for enforcing section 5104.04 of the	16551
Revised Code;	16552

~~(14)~~(N) A standard requiring the inclusion~~, on and after July~~	16553
~~1, 1987,~~ of a current department of job and family services	16554
toll-free telephone number on each center provisional license or	16555
license which any person may use to report a suspected violation	16556
by the center of this chapter or rules adopted pursuant to this	16557
chapter;	16558

~~(15)~~(O) Requirements for the training of administrators and	16559
child-care staff members in first aid, in prevention, recognition,	16560
and management of communicable diseases, and in child abuse	16561
recognition and prevention. Training requirements for child	16562
day-care centers adopted under this division shall be consistent	16563
with ~~divisions (B)(6) and (C)(1) of this section~~sections 5104.034	16564
and 5104.037 of the Revised Code.	16565

~~(16)~~(P) Standards providing for the special needs of children	16566
who are handicapped or who require treatment for health conditions	16567
while the child is receiving child care or publicly funded child	16568
care in the center;	16569

~~(17)~~(Q) A procedure for reporting of injuries of children	16570
that occur at the center;	16571

~~(18)~~(R) Standards for licensing child day-care centers for	16572
children with short-term illnesses and other temporary medical	16573
conditions;	16574

(S) Any other procedures and standards necessary to carry out	16575
the provisions of this chapter regarding child day-care centers.	16576

~~(B)(1) The child day-care center shall have, for each child~~	16577
~~for whom the center is licensed, at least thirty-five square feet~~	16578
~~of usable indoor floor space wall-to-wall regularly available for~~	16579
~~the child care operation exclusive of any parts of the structure~~	16580
~~in which the care of children is prohibited by law or by rules~~	16581
~~adopted by the board of building standards. The minimum of~~	16582
~~thirty-five square feet of usable indoor floor space shall not~~	16583
~~include hallways, kitchens, storage areas, or any other areas that~~	16584
~~are not available for the care of children, as determined by the~~	16585
~~director, in meeting the space requirement of this division, and~~	16586
~~bathrooms shall be counted in determining square footage only if~~	16587
~~they are used exclusively by children enrolled in the center,~~	16588
~~except that the exclusion of hallways, kitchens, storage areas,~~	16589
~~bathrooms not used exclusively by children enrolled in the center,~~	16590
~~and any other areas not available for the care of children from~~	16591
~~the minimum of thirty-five square feet of usable indoor floor~~	16592
~~space shall not apply to:~~	16593

~~(a) Centers licensed prior to or on September 1, 1986, that~~	16594
~~continue under licensure after that date;~~	16595

~~(b) Centers licensed prior to or on September 1, 1986, that~~	16596
~~are issued a new license after that date solely due to a change of~~	16597
~~ownership of the center.~~	16598

~~(2) The child day-care center shall have on the site a safe~~	16599
~~outdoor play space which is enclosed by a fence or otherwise~~	16600
~~protected from traffic or other hazards. The play space shall~~	16601
~~contain not less than sixty square feet per child using such space~~	16602
~~at any one time, and shall provide an opportunity for supervised~~	16603
~~outdoor play each day in suitable weather. The director may exempt~~	16604
~~a center from the requirement of this division, if an outdoor play~~	16605
~~space is not available and if all of the following are met:~~	16606

~~(a) The center provides an indoor recreation area that has~~	16607
~~not less than sixty square feet per child using the space at any~~	16608
~~one time, that has a minimum of one thousand four hundred forty~~	16609
~~square feet of space, and that is separate from the indoor space~~	16610
~~required under division (B)(1) of this section.~~	16611

~~(b) The director has determined that there is regularly~~	16612
~~available and scheduled for use a conveniently accessible and safe~~	16613
~~park, playground, or similar outdoor play area for play or~~	16614
~~recreation.~~	16615

~~(c) The children are closely supervised during play and while~~	16616
~~traveling to and from the area.~~	16617

~~The director also shall exempt from the requirement of this~~	16618
~~division a child day-care center that was licensed prior to~~	16619
~~September 1, 1986, if the center received approval from the~~	16620
~~director prior to September 1, 1986, to use a park, playground, or~~	16621
~~similar area, not connected with the center, for play or~~	16622
~~recreation in lieu of the outdoor space requirements of this~~	16623
~~section and if the children are closely supervised both during~~	16624
~~play and while traveling to and from the area and except if the~~	16625
~~director determines upon investigation and inspection pursuant to~~	16626
~~section 5104.04 of the Revised Code and rules adopted pursuant to~~	16627
~~that section that the park, playground, or similar area, as well~~	16628
~~as access to and from the area, is unsafe for the children.~~	16629

~~(3) The child day-care center shall have at least two~~	16630
~~responsible adults available on the premises at all times when~~	16631
~~seven or more children are in the center. The center shall~~	16632
~~organize the children in the center in small groups, shall provide~~	16633
~~child-care staff to give continuity of care and supervision to the~~	16634
~~children on a day-by-day basis, and shall ensure that no child is~~	16635
~~left alone or unsupervised. Except as otherwise provided in~~	16636
~~division (E) of this section, the maximum number of children per~~	16637
~~child-care staff member and maximum group size, by age category of~~	16638
~~children, are as follows:~~	16639

	~~Maximum Number of~~		16640
	~~Children Per~~	~~Maximum~~	16641
~~Age Category~~	~~Child-Care~~	~~Group~~	16642
~~of Children~~	~~Staff Member~~	~~Size~~	16643
~~(a) Infants:~~			16644
~~(i) Less than twelve~~			16645
~~months old~~	~~5:1, or~~		16646
	~~12:2 if two~~		16647
	~~child-care~~		16648
	~~staff members~~		16649
	~~are in the room~~	12	16650
~~(ii) At least twelve~~			16651
~~months old, but~~			16652
~~less than eighteen~~			16653
~~months old~~	~~6:1~~	12	16654
~~(b) Toddlers:~~			16655
~~(i) At least eighteen~~			16656
~~months old, but~~			16657
~~less than thirty~~			16658
~~months old~~	~~7:1~~	14	16659
~~(ii) At least thirty months~~			16660
~~old, but less than~~			16661
~~three years old~~	~~8:1~~	16	16662
~~(c) Preschool~~			16663
~~children:~~			16664
~~(i) Three years old~~	~~12:1~~	24	16665
~~(ii) Four years old and~~			16666
~~five years old who~~			16667
~~are not school~~			16668
~~children~~	~~14:1~~	28	16669
~~(d) School children:~~			16670
~~(i) A child who is~~			16671
~~enrolled in or is~~			16672
~~eligible to be~~			16673
~~enrolled in a grade~~			16674
~~of kindergarten~~			16675
~~or above, but~~			16676
~~is less than~~			16677
~~eleven years old~~	~~18:1~~	36	16678
~~(ii) Eleven through fourteen~~			16679
~~years old~~	~~20:1~~	40	16680

~~Except as otherwise provided in division (E) of this section,~~	16681
~~the maximum number of children per child-care staff member and~~	16682
~~maximum group size requirements of the younger age group shall~~	16683
~~apply when age groups are combined.~~	16684

~~(C)(1) Each child day-care center shall have on the center~~	16685
~~premises and readily available at all times at least one~~	16686
~~child-care staff member who has completed a course in first aid,~~	16687
~~one staff member who has completed a course in prevention,~~	16688
~~recognition, and management of communicable diseases which is~~	16689
~~approved by the state department of health, and a staff member who~~	16690
~~has completed a course in child abuse recognition and prevention~~	16691
~~training which is approved by the department of job and family~~	16692
~~services.~~	16693

~~(2) The administrator of each child day-care center shall~~	16694
~~maintain enrollment, health, and attendance records for all~~	16695
~~children attending the center and health and employment records~~	16696
~~for all center employees. The records shall be confidential,~~	16697
~~except that they shall be disclosed by the administrator to the~~	16698
~~director upon request for the purpose of administering and~~	16699
~~enforcing this chapter and rules adopted pursuant to this chapter.~~	16700
~~Neither the center nor the licensee, administrator, or employees~~	16701
~~of the center shall be civilly or criminally liable in damages or~~	16702
~~otherwise for records disclosed to the director by the~~	16703
~~administrator pursuant to this division. It shall be a defense to~~	16704
~~any civil or criminal charge based upon records disclosed by the~~	16705
~~administrator to the director that the records were disclosed~~	16706
~~pursuant to this division.~~	16707

~~(3)(a) Any parent who is the residential parent and legal~~	16708
~~custodian of a child enrolled in a child day-care center and any~~	16709
~~custodian or guardian of such a child shall be permitted unlimited~~	16710
~~access to the center during its hours of operation for the~~	16711
~~purposes of contacting their children, evaluating the care~~	16712
~~provided by the center, evaluating the premises of the center, or~~	16713
~~for other purposes approved by the director. A parent of a child~~	16714
~~enrolled in a child day-care center who is not the child's~~	16715
~~residential parent shall be permitted unlimited access to the~~	16716
~~center during its hours of operation for those purposes under the~~	16717
~~same terms and conditions under which the residential parent of~~	16718
~~that child is permitted access to the center for those purposes.~~	16719
~~However, the access of the parent who is not the residential~~	16720
~~parent is subject to any agreement between the parents and, to the~~	16721
~~extent described in division (C)(3)(b) of this section, is subject~~	16722
~~to any terms and conditions limiting the right of access of the~~	16723
~~parent who is not the residential parent, as described in division~~	16724
~~(I) of section 3109.051 of the Revised Code, that are contained in~~	16725
~~a parenting time order or decree issued under that section,~~	16726
~~section 3109.12 of the Revised Code, or any other provision of the~~	16727
~~Revised Code.~~	16728

~~(b) If a parent who is the residential parent of a child has~~	16729
~~presented the administrator or the administrator's designee with a~~	16730
~~copy of a parenting time order that limits the terms and~~	16731
~~conditions under which the parent who is not the residential~~	16732
~~parent is to have access to the center, as described in division~~	16733
~~(I) of section 3109.051 of the Revised Code, the parent who is not~~	16734
~~the residential parent shall be provided access to the center only~~	16735
~~to the extent authorized in the order. If the residential parent~~	16736
~~has presented such an order, the parent who is not the residential~~	16737
~~parent shall be permitted access to the center only in accordance~~	16738
~~with the most recent order that has been presented to the~~	16739
~~administrator or the administrator's designee by the residential~~	16740
~~parent or the parent who is not the residential parent.~~	16741

~~(c) Upon entering the premises pursuant to division (C)(3)(a)~~	16742
~~or (b) of this section, the parent who is the residential parent~~	16743
~~and legal custodian, the parent who is not the residential parent,~~	16744
~~or the custodian or guardian shall notify the administrator or the~~	16745
~~administrator's designee of the parent's, custodian's, or~~	16746
~~guardian's presence.~~	16747

~~(D) The director of job and family services, in addition to~~	16748
~~the rules adopted under division (A) of this section, shall adopt~~	16749
~~rules establishing minimum requirements for child day-care~~	16750
~~centers. The rules shall include, but not be limited to, the~~	16751
~~requirements set forth in divisions (B) and (C) of this section~~	16752
~~and sections 5104.031, 5104.032, and 5104.033 of the Revised Code.~~	16753
~~Except as provided in section 5104.07 of the Revised Code, the~~	16754
~~rules shall not change the square footage requirements of division~~	16755
~~(B)(1) or (2) of this section; the maximum number of children per~~	16756
~~child-care staff member and maximum group size requirements of~~	16757
~~division (B)(3) of this section; the educational and experience~~	16758
~~requirements of section 5104.031 of the Revised Code; the age,~~	16759
~~educational, and experience requirements of section 5104.032 of~~	16760
~~the Revised Code; the number and type of inservice training hours~~	16761
~~required under section 5104.033 of the Revised Code; however, the~~	16762
~~rules shall provide procedures for determining compliance with~~	16763
~~those requirements.~~	16764

~~(E)(1) When age groups are combined, the maximum number of~~	16765
~~children per child-care staff member shall be determined by the~~	16766
~~age of the youngest child in the group, except that when no more~~	16767
~~than one child thirty months of age or older receives services in~~	16768
~~a group in which all the other children are in the next older age~~	16769
~~group, the maximum number of children per child-care staff member~~	16770
~~and maximum group size requirements of the older age group~~	16771
~~established under division (B)(3) of this section shall apply.~~	16772

~~(2) The maximum number of toddlers or preschool children per~~	16773
~~child-care staff member in a room where children are napping shall~~	16774
~~be twice the maximum number of children per child-care staff~~	16775
~~member established under division (B)(3) of this section if all~~	16776
~~the following criteria are met:~~	16777

~~(a) At least one child-care staff member is present in the~~	16778
~~room.~~	16779

~~(b) Sufficient child-care staff members are on the child~~	16780
~~day-care center premises to meet the maximum number of children~~	16781
~~per child-care staff member requirements established under~~	16782
~~division (B)(3) of this section.~~	16783

~~(c) Naptime preparations are complete and all napping~~	16784
~~children are resting or sleeping on cots.~~	16785

~~(d) The maximum number established under division (E)(2) of~~	16786
~~this section is in effect for no more than two hours during a~~	16787
~~twenty-four-hour day.~~	16788

~~(F) The director of job and family services shall adopt rules~~	16789
~~pursuant to Chapter 119. of the Revised Code governing the~~	16790
~~operation of type A family day-care homes, including, but not~~	16791
~~limited to, parent cooperative type A homes, part-time type A~~	16792
~~homes, drop-in type A homes, and school child type A homes, which~~	16793
~~shall reflect the various forms of child care and the needs of~~	16794
~~children receiving child care. The rules shall include the~~	16795
~~following:~~	16796

~~(1) Submission of a site plan and descriptive plan of~~	16797
~~operation to demonstrate how the type A home proposes to meet the~~	16798
~~requirements of this chapter and rules adopted pursuant to this~~	16799
~~chapter for the initial license application;~~	16800

~~(2) Standards for ensuring that the physical surroundings of~~	16801
~~the type A home are safe and sanitary, including, but not limited~~	16802
~~to, the physical environment, the physical plant, and the~~	16803
~~equipment of the type A home;~~	16804

~~(3) Standards for the supervision, care, and discipline of~~	16805
~~children receiving child care or publicly funded child care in the~~	16806
~~type A home;~~	16807

~~(4) Standards for a program of activities, and for play~~	16808
~~equipment, materials, and supplies, to enhance the development of~~	16809
~~each child; however, any educational curricula, philosophies, and~~	16810
~~methodologies that are developmentally appropriate and that~~	16811
~~enhance the social, emotional, intellectual, and physical~~	16812
~~development of each child shall be permissible;~~	16813

~~(5) Admissions policies and procedures, health care policies~~	16814
~~and procedures, including, but not limited to, procedures for the~~	16815
~~isolation of children with communicable diseases, first aid and~~	16816
~~emergency procedures, procedures for discipline and supervision of~~	16817
~~children, standards for the provision of nutritious meals and~~	16818
~~snacks, and procedures for screening children and employees,~~	16819
~~including, but not limited to, any necessary physical examinations~~	16820
~~and immunizations;~~	16821

~~(6) Methods for encouraging parental participation in the~~	16822
~~type A home and methods for ensuring that the rights of children,~~	16823
~~parents, and employees are protected and that the responsibilities~~	16824
~~of parents and employees are met;~~	16825

~~(7) Procedures for ensuring the safety and adequate~~	16826
~~supervision of children traveling off the premises of the type A~~	16827
~~home while under the care of a type A home employee;~~	16828

~~(8) Procedures for record keeping, organization, and~~	16829
~~administration;~~	16830

~~(9) Procedures for issuing, denying, and revoking a license~~	16831
~~that are not otherwise provided for in Chapter 119. of the Revised~~	16832
~~Code;~~	16833

~~(10) Inspection procedures;~~

16834

~~(11) Procedures and standards for setting initial license~~	16835
~~application fees;~~	16836

~~(12) Procedures for receiving, recording, and responding to~~	16837
~~complaints about type A homes;~~	16838

~~(13) Procedures for enforcing section 5104.04 of the Revised~~	16839
~~Code;~~	16840

~~(14) A standard requiring the inclusion, on or after July 1,~~	16841
~~1987, of a current department of job and family services toll-free~~	16842
~~telephone number on each type A home provisional license or~~	16843
~~license which any person may use to report a suspected violation~~	16844
~~by the type A home of this chapter or rules adopted pursuant to~~	16845
~~this chapter;~~	16846

~~(15) Requirements for the training of administrators and~~	16847
~~child-care staff members in first aid, in prevention, recognition,~~	16848
~~and management of communicable diseases, and in child abuse~~	16849
~~recognition and prevention;~~	16850

~~(16) Standards providing for the special needs of children~~	16851
~~who are handicapped or who require treatment for health conditions~~	16852
~~while the child is receiving child care or publicly funded child~~	16853
~~care in the type A home;~~	16854

~~(17) Standards for the maximum number of children per~~	16855
~~child-care staff member;~~	16856

~~(18) Requirements for the amount of usable indoor floor space~~	16857
~~for each child;~~	16858

~~(19) Requirements for safe outdoor play space;~~

16859

~~(20) Qualifications and training requirements for~~	16860
~~administrators and for child-care staff members;~~	16861

~~(21) Procedures for granting a parent who is the residential~~	16862
~~parent and legal custodian, or a custodian or guardian access to~~	16863
~~the type A home during its hours of operation;~~	16864

~~(22) Standards for the preparation and distribution of a~~	16865
~~roster of parents, custodians, and guardians;~~	16866

~~(23) Any other procedures and standards necessary to carry~~	16867
~~out this chapter.~~	16868

~~(G) The director of job and family services shall adopt rules~~	16869
~~pursuant to Chapter 119. of the Revised Code governing the~~	16870
~~certification of type B family day-care homes.~~	16871

~~(1) The rules shall include all of the following:~~

16872

~~(a) Procedures, standards, and other necessary provisions for~~	16873
~~granting limited certification to type B family day-care homes~~	16874
~~that are operated by the following adult providers:~~	16875

~~(i) Persons who provide child care for eligible children who~~	16876
~~are great-grandchildren, grandchildren, nieces, nephews, or~~	16877
~~siblings of the provider or for eligible children whose caretaker~~	16878
~~parent is a grandchild, child, niece, nephew, or sibling of the~~	16879
~~provider;~~	16880

~~(ii) Persons who provide child care for eligible children all~~	16881
~~of whom are the children of the same caretaker parent;~~	16882

~~(b) Procedures for the director to ensure, that type B homes~~	16883
~~that receive a limited certification provide child care to~~	16884
~~children in a safe and sanitary manner;~~	16885

~~(c) Requirements for the type B home to notify parents with~~	16886
~~children in the type B home that the type B home is also certified~~	16887
~~as a foster home under section 5103.03 of the Revised Code.~~	16888

~~With regard to providers who apply for limited certification,~~	16889
~~a provider shall be granted a provisional limited certification on~~	16890
~~signing a declaration under oath attesting that the provider meets~~	16891
~~the standards for limited certification. Such provisional limited~~	16892
~~certifications shall remain in effect for no more than sixty~~	16893
~~calendar days and shall entitle the provider to offer publicly~~	16894
~~funded child care during the provisional period. Except as~~	16895
~~otherwise provided in division (G)(1) of this section, section~~	16896
~~5104.013 or 5104.09 of the Revised Code, or division (A)(2) of~~	16897
~~section 5104.11 of the Revised Code, prior to the expiration of~~	16898
~~the provisional limited certificate, a county department of job~~	16899
~~and family services shall inspect the home and shall grant limited~~	16900
~~certification to the provider if the provider meets the~~	16901
~~requirements of this division. Limited certificates remain valid~~	16902
~~for two years unless earlier revoked. Except as otherwise provided~~	16903
~~in division (G)(1) of this section, providers operating under~~	16904
~~limited certification shall be inspected annually.~~	16905

~~If a provider is a person described in division (G)(1)(a)(i)~~	16906
~~of this section or a person described in division (G)(1)(a)(ii) of~~	16907
~~this section who is a friend of the caretaker parent, the provider~~	16908
~~and the caretaker parent may verify in writing to the county~~	16909
~~department of job and family services that minimum health and~~	16910
~~safety requirements are being met in the home. Except as otherwise~~	16911
~~provided in section 5104.013 or 5104.09 or in division (A)(2) of~~	16912
~~section 5104.11 of the Revised Code, if such verification is~~	16913
~~provided, the county shall waive any inspection required by this~~	16914
~~chapter and grant limited certification to the provider.~~	16915

~~(2) The rules shall provide for safeguarding the health,~~	16916
~~safety, and welfare of children receiving child care or publicly~~	16917
~~funded child care in a certified type B home and shall include the~~	16918
~~following:~~	16919

~~(a) Standards for ensuring that the type B home and the~~	16920
~~physical surroundings of the type B home are safe and sanitary,~~	16921
~~including, but not limited to, physical environment, physical~~	16922
~~plant, and equipment;~~	16923

~~(b) Standards for the supervision, care, and discipline of~~	16924
~~children receiving child care or publicly funded child care in the~~	16925
~~home;~~	16926

~~(c) Standards for a program of activities, and for play~~	16927
~~equipment, materials, and supplies to enhance the development of~~	16928
~~each child; however, any educational curricula, philosophies, and~~	16929
~~methodologies that are developmentally appropriate and that~~	16930
~~enhance the social, emotional, intellectual, and physical~~	16931
~~development of each child shall be permissible;~~	16932

~~(d) Admission policies and procedures, health care, first aid~~	16933
~~and emergency procedures, procedures for the care of sick~~	16934
~~children, procedures for discipline and supervision of children,~~	16935
~~nutritional standards, and procedures for screening children and~~	16936
~~authorized providers, including, but not limited to, any necessary~~	16937
~~physical examinations and immunizations;~~	16938

~~(e) Methods of encouraging parental participation and~~	16939
~~ensuring that the rights of children, parents, and authorized~~	16940
~~providers are protected and the responsibilities of parents and~~	16941
~~authorized providers are met;~~	16942

~~(f) Standards for the safe transport of children when under~~	16943
~~the care of authorized providers;~~	16944

~~(g) Procedures for issuing, renewing, denying, refusing to~~	16945
~~renew, or revoking certificates;~~	16946

~~(h) Procedures for the inspection of type B homes that~~	16947
~~require, at a minimum, that each type B home be inspected prior to~~	16948
~~certification to ensure that the home is safe and sanitary;~~	16949

~~(i) Procedures for record keeping and evaluation;~~

16950

~~(j) Procedures for receiving, recording, and responding to~~	16951
~~complaints;~~	16952

~~(k) Standards providing for the special needs of children who~~	16953
~~are handicapped or who receive treatment for health conditions~~	16954
~~while the child is receiving child care or publicly funded child~~	16955
~~care in the type B home;~~	16956

~~(l) Requirements for the amount of usable indoor floor space~~	16957
~~for each child;~~	16958

~~(m) Requirements for safe outdoor play space;~~

16959

~~(n) Qualification and training requirements for authorized~~	16960
~~providers;~~	16961

~~(o) Procedures for granting a parent who is the residential~~	16962
~~parent and legal custodian, or a custodian or guardian access to~~	16963
~~the type B home during its hours of operation;~~	16964

~~(p) Requirements for the type B home to notify parents with~~	16965
~~children in the type B home that the type B home is also certified~~	16966
~~as a foster home under section 5103.03 of the Revised Code;~~	16967

~~(q) Any other procedures and standards necessary to carry out~~	16968
~~this chapter.~~	16969

~~(H) The director shall adopt rules pursuant to Chapter 119.~~	16970
~~of the Revised Code governing the certification of in-home aides.~~	16971
~~The rules shall include procedures, standards, and other necessary~~	16972
~~provisions for granting limited certification to in-home aides who~~	16973
~~provide child care for eligible children who are~~	16974
~~great-grandchildren, grandchildren, nieces, nephews, or siblings~~	16975
~~of the in-home aide or for eligible children whose caretaker~~	16976
~~parent is a grandchild, child, niece, nephew, or sibling of the~~	16977
~~in-home aide. The rules shall require, and shall include~~	16978
~~procedures for the director to ensure, that in-home aides that~~	16979
~~receive a limited certification provide child care to children in~~	16980
~~a safe and sanitary manner. The rules shall provide for~~	16981
~~safeguarding the health, safety, and welfare of children receiving~~	16982
~~publicly funded child care in their own home and shall include the~~	16983
~~following:~~	16984

~~(1) Standards for ensuring that the child's home and the~~	16985
~~physical surroundings of the child's home are safe and sanitary,~~	16986
~~including, but not limited to, physical environment, physical~~	16987
~~plant, and equipment;~~	16988

~~(2) Standards for the supervision, care, and discipline of~~	16989
~~children receiving publicly funded child care in their own home;~~	16990

~~(3) Standards for a program of activities, and for play~~	16991
~~equipment, materials, and supplies to enhance the development of~~	16992
~~each child; however, any educational curricula, philosophies, and~~	16993
~~methodologies that are developmentally appropriate and that~~	16994
~~enhance the social, emotional, intellectual, and physical~~	16995
~~development of each child shall be permissible;~~	16996

~~(4) Health care, first aid, and emergency procedures,~~	16997
~~procedures for the care of sick children, procedures for~~	16998
~~discipline and supervision of children, nutritional standards, and~~	16999
~~procedures for screening children and in-home aides, including,~~	17000
~~but not limited to, any necessary physical examinations and~~	17001
~~immunizations;~~	17002

~~(5) Methods of encouraging parental participation and~~	17003
~~ensuring that the rights of children, parents, and in-home aides~~	17004
~~are protected and the responsibilities of parents and in-home~~	17005
~~aides are met;~~	17006

~~(6) Standards for the safe transport of children when under~~	17007
~~the care of in-home aides;~~	17008

~~(7) Procedures for issuing, renewing, denying, refusing to~~	17009
~~renew, or revoking certificates;~~	17010

~~(8) Procedures for inspection of homes of children receiving~~	17011
~~publicly funded child care in their own homes;~~	17012

~~(9) Procedures for record keeping and evaluation;~~

17013

~~(10) Procedures for receiving, recording, and responding to~~	17014
~~complaints;~~	17015

~~(11) Qualifications and training requirements for in-home~~	17016
~~aides;~~	17017

~~(12) Standards providing for the special needs of children~~	17018
~~who are handicapped or who receive treatment for health conditions~~	17019
~~while the child is receiving publicly funded child care in the~~	17020
~~child's own home;~~	17021

~~(13) Any other procedures and standards necessary to carry~~	17022
~~out this chapter.~~	17023

~~(I) To the extent that any rules adopted for the purposes of~~	17024
~~this section require a health care professional to perform a~~	17025
~~physical examination, the rules shall include as a health care~~	17026
~~professional a physician assistant, a clinical nurse specialist, a~~	17027
~~certified nurse practitioner, or a certified nurse-midwife.~~	17028

~~(J)(1) The director of job and family services shall do all~~	17029
~~of the following:~~	17030

~~(a) Provide or make available in either paper or electronic~~	17031
~~form to each licensee notice of proposed rules governing the~~	17032
~~licensure of child day-care centers and type A homes;~~	17033

~~(b) Give public notice of hearings regarding the rules to~~	17034
~~each licensee at least thirty days prior to the date of the public~~	17035
~~hearing, in accordance with section 119.03 of the Revised Code;~~	17036

~~(c) At least thirty days before the effective date of a rule,~~	17037
~~provide, in either paper or electronic form, a copy of the adopted~~	17038
~~rule to each licensee.~~	17039

~~(2) The director shall do all of the following:~~

17040

~~(a) Send to each county director of job and family services a~~	17041
~~notice of proposed rules governing the certification of type B~~	17042
~~family homes and in-home aides that includes an internet web site~~	17043
~~address where the proposed rules can be viewed;~~	17044

~~(b) Give public notice of hearings regarding the proposed~~	17045
~~rules not less than thirty days in advance;~~	17046

~~(c) Provide to each county director of job and family~~	17047
~~services an electronic copy of each adopted rule at least~~	17048
~~forty-five days prior to the rule's effective date.~~	17049

~~(3) The county director of job and family services shall~~	17050
~~provide or make available in either paper or electronic form to~~	17051
~~each authorized provider and in-home aide copies of proposed rules~~	17052
~~and shall give public notice of hearings regarding the rules to~~	17053
~~each authorized provider and in-home aide at least thirty days~~	17054
~~prior to the date of the public hearing, in accordance with~~	17055
~~section 119.03 of the Revised Code. At least thirty days before~~	17056
~~the effective date of a rule, the county director of job and~~	17057
~~family services shall provide, in either paper or electronic form,~~	17058
~~copies of the adopted rule to each authorized provider and in-home~~	17059
~~aide.~~	17060

~~(4) Additional copies of proposed and adopted rules shall be~~	17061
~~made available by the director of job and family services to the~~	17062
~~public on request at no charge.~~	17063

~~(5) The director of job and family services may adopt rules~~	17064
~~pursuant to Chapter 119. of the Revised Code for imposing~~	17065
~~sanctions on persons and entities that are licensed or certified~~	17066
~~under this chapter. Sanctions may be imposed only for an action or~~	17067
~~omission that constitutes a serious risk noncompliance. The~~	17068
~~sanctions imposed shall be based on the scope and severity of the~~	17069
~~violations.~~	17070

~~The director shall make a dispute resolution process~~	17071
~~available for the implementation of sanctions. The process may~~	17072
~~include an opportunity for appeal pursuant to Chapter 119. of the~~	17073
~~Revised Code.~~	17074

~~(6) The director of job and family services shall adopt rules~~	17075
~~pursuant to Chapter 119. of the Revised Code that establish~~	17076
~~standards for the training of individuals whom any county~~	17077
~~department of job and family services employs, with whom any~~	17078
~~county department of job and family services contracts, or with~~	17079
~~whom the director of job and family services contracts, to inspect~~	17080
~~or investigate type B family day-care homes pursuant to section~~	17081
~~5104.11 of the Revised Code. The department shall provide training~~	17082
~~in accordance with those standards for individuals in the~~	17083
~~categories described in this division.~~	17084

~~(K) The director of job and family services shall review all~~	17085
~~rules adopted pursuant to this chapter at least once every seven~~	17086
~~years.~~	17087

~~(L) Notwithstanding any provision of the Revised Code, the~~	17088
~~director of job and family services shall not regulate in any way~~	17089
~~under this chapter or rules adopted pursuant to this chapter,~~	17090
~~instruction in religious or moral doctrines, beliefs, or values.~~	17091

Sec. 5104.016. The director of job and family services, in	17092
addition to the rules adopted under section 5104.015 of the	17093
Revised Code, shall adopt rules establishing minimum requirements	17094
for child day-care centers. The rules shall include the	17095
requirements set forth in sections 5104.032 to 5104.037 of the	17096
Revised Code. Except as provided in section 5104.07 of the Revised	17097
Code, the rules shall not change the square footage requirements	17098
of section 5104.032 of the Revised Code; the maximum number of	17099
children per child-care staff member and maximum group size	17100
requirements of section 5104.033 of the Revised Code; the	17101
educational and experience requirements of section 5104.035 of the	17102
Revised Code; the age, educational, and experience requirements of	17103
section 5104.036 of the Revised Code; the number and type of	17104
inservice training hours required under section 5104.037 of the	17105
Revised Code; however, the rules shall provide procedures for	17106
determining compliance with those requirements.	17107

Sec. 5104.017. The director of job and family services shall	17108
adopt rules pursuant to Chapter 119. of the Revised Code governing	17109
the operation of type A family day-care homes, including parent	17110
cooperative type A homes, part-time type A homes, drop-in type A	17111
homes, and school-age child type A homes. The rules shall reflect	17112
the various forms of child care and the needs of children	17113
receiving child care. The rules shall include the following:	17114

(A) Submission of a site plan and descriptive plan of	17115
operation to demonstrate how the type A home proposes to meet the	17116
requirements of this chapter and rules adopted pursuant to this	17117
chapter for the initial license application;	17118

(B) Standards for ensuring that the physical surroundings of	17119
the type A home are safe and sanitary, including the physical	17120
environment, the physical plant, and the equipment of the type A	17121
home;	17122

(C) Standards for the supervision, care, and discipline of	17123
children receiving child care or publicly funded child care in the	17124
type A home;	17125

(D) Standards for a program of activities, and for play	17126
equipment, materials, and supplies, to enhance the development of	17127
each child; however, any educational curricula, philosophies, and	17128
methodologies that are developmentally appropriate and that	17129
enhance the social, emotional, intellectual, and physical	17130
development of each child shall be permissible;	17131

(E) Admissions policies and procedures, health care policies	17132
and procedures, including procedures for the isolation of children	17133
with communicable diseases, first aid and emergency procedures,	17134
procedures for discipline and supervision of children, standards	17135
for the provision of nutritious meals and snacks, and procedures	17136
for screening children and employees, including any necessary	17137
physical examinations and immunizations;	17138

(F) Methods for encouraging parental participation in the	17139
type A home and methods for ensuring that the rights of children,	17140
parents, and employees are protected and that the responsibilities	17141
of parents and employees are met;	17142

(G) Procedures for ensuring the safety and adequate	17143
supervision of children traveling off the premises of the type A	17144
home while under the care of a type A home employee;	17145

(H) Procedures for record keeping, organization, and	17146
administration;	17147

(I) Procedures for issuing, denying, and revoking a license	17148
that are not otherwise provided for in Chapter 119. of the Revised	17149
Code;	17150

(J) Inspection procedures;

17151

(K) Procedures and standards for setting initial license	17152
application fees;	17153

(L) Procedures for receiving, recording, and responding to	17154
complaints about type A homes;	17155

(M) Procedures for enforcing section 5104.04 of the Revised	17156
Code;	17157

(N) A standard requiring the inclusion of a current	17158
department of job and family services toll-free telephone number	17159
on each type A home license that any person may use to report a	17160
suspected violation by the type A home of this chapter or rules	17161
adopted pursuant to this chapter;	17162

(O) Requirements for the training of administrators and	17163
child-care staff members in first aid, in prevention, recognition,	17164
and management of communicable diseases, and in child abuse	17165
recognition and prevention;	17166

(P) Standards providing for the special needs of children who	17167
are handicapped or who require treatment for health conditions	17168
while the child is receiving child care or publicly funded child	17169
care in the type A home;	17170

(Q) Standards for the maximum number of children per	17171
child-care staff member;	17172

(R) Requirements for the amount of usable indoor floor space	17173
for each child;	17174

(S) Requirements for safe outdoor play space;

17175

(T) Qualifications and training requirements for	17176
administrators and for child-care staff members;	17177

(U) Procedures for granting a parent who is the residential	17178
parent and legal custodian, or a custodian or guardian access to	17179
the type A home during its hours of operation;	17180

(V) Standards for the preparation and distribution of a	17181
roster of parents, custodians, and guardians;	17182

(W) Any other procedures and standards necessary to carry out	17183
the provisions of this chapter regarding type A homes.	17184

Sec. 5104.018. The director of job and family services shall	17185
adopt rules in accordance with Chapter 119. of the Revised Code	17186
governing the licensure of type B family day-care homes. The rules	17187
shall provide for safeguarding the health, safety, and welfare of	17188
children receiving child care or publicly funded child care in a	17189
licensed type B family day-care home and shall include all of the	17190
following:	17191

(A) Requirements for the type B home to notify parents with	17192
children in the type B home that the type B home is certified as a	17193
foster home under section 5103.03 of the Revised Code.	17194

(B) Standards for ensuring that the type B home and the	17195
physical surroundings of the type B home are safe and sanitary,	17196
including physical environment, physical plant, and equipment;	17197

(C) Standards for the supervision, care, and discipline of	17198
children receiving child care or publicly funded child care in the	17199
home;	17200

(D) Standards for a program of activities, and for play	17201
equipment, materials, and supplies to enhance the development of	17202
each child; however, any educational curricula, philosophies, and	17203
methodologies that are developmentally appropriate and that	17204
enhance the social, emotional, intellectual, and physical	17205
development of each child shall be permissible;	17206

(E) Admission policies and procedures, health care, first aid	17207
and emergency procedures, procedures for the care of sick	17208
children, procedures for discipline and supervision of children,	17209
nutritional standards, and procedures for screening children and	17210
administrators, including any necessary physical examinations and	17211
immunizations;	17212

(F) Methods of encouraging parental participation and	17213
ensuring that the rights of children, parents, and administrators	17214
are protected and the responsibilities of parents and	17215
administrators are met;	17216

(G) Standards for the safe transport of children when under	17217
the care of administrators;	17218

(H) Procedures for issuing, denying, or revoking licenses;

17219

(I) Procedures for the inspection of type B homes that	17220
require, at a minimum, that each type B home be inspected prior to	17221
licensure to ensure that the home is safe and sanitary;	17222

(J) Procedures for record keeping and evaluation;

17223

(K) Procedures for receiving, recording, and responding to	17224
complaints;	17225

(L) Standards providing for the special needs of children who	17226
are handicapped or who receive treatment for health conditions	17227
while the child is receiving child care or publicly funded child	17228
care in the type B home;	17229

(M) Requirements for the amount of usable indoor floor space	17230
for each child;	17231

(N) Requirements for safe outdoor play space;

17232

(O) Qualification and training requirements for	17233
administrators;	17234

(P) Procedures for granting a parent who is the residential	17235
parent and legal custodian, or a custodian or guardian access to	17236
the type B home during its hours of operation;	17237

(Q) Requirements for the type B home to notify parents with	17238
children in the type B home that the type B home is certified as a	17239
foster home under section 5103.03 of the Revised Code;	17240

(R) Any other procedures and standards necessary to carry out	17241
the provisions of this chapter regarding licensure of type B	17242
homes.	17243

Sec. 5104.019. The director of job and family services shall	17244
adopt rules in accordance with Chapter 119. of the Revised Code	17245
governing the certification of in-home aides. The rules shall	17246
provide for safeguarding the health, safety, and welfare of	17247
children receiving publicly funded child care in their own home	17248
and shall include the following:	17249

(A) Standards for ensuring that the child's home and the	17250
physical surroundings of the child's home are safe and sanitary,	17251
including physical environment, physical plant, and equipment;	17252

(B) Standards for the supervision, care, and discipline of	17253
children receiving publicly funded child care in their own home;	17254

(C) Standards for a program of activities, and for play	17255
equipment, materials, and supplies to enhance the development of	17256
each child; however, any educational curricula, philosophies, and	17257
methodologies that are developmentally appropriate and that	17258
enhance the social, emotional, intellectual, and physical	17259
development of each child shall be permissible;	17260

(D) Health care, first aid, and emergency procedures,	17261
procedures for the care of sick children, procedures for	17262
discipline and supervision of children, nutritional standards, and	17263
procedures for screening children and in-home aides, including any	17264
necessary physical examinations and immunizations;	17265

(E) Methods of encouraging parental participation and	17266
ensuring that the rights of children, parents, and in-home aides	17267
are protected and the responsibilities of parents and in-home	17268
aides are met;	17269

(F) Standards for the safe transport of children when under	17270
the care of in-home aides;	17271

(G) Procedures for issuing, renewing, denying, refusing to	17272
renew, or revoking certificates;	17273

(H) Procedures for inspection of homes of children receiving	17274
publicly funded child care in their own homes;	17275

(I) Procedures for record keeping and evaluation;

17276

(J) Procedures for receiving, recording, and responding to	17277
complaints;	17278

(K) Qualifications and training requirements for in-home	17279
aides;	17280

(L) Standards providing for the special needs of children who	17281
are handicapped or who receive treatment for health conditions	17282
while the child is receiving publicly funded child care in the	17283
child's own home;	17284

(M) Any other procedures and standards necessary to carry out	17285
the provisions of this chapter regarding certification of in-home	17286
aides.	17287

Sec. 5104.0110. To the extent that any rules adopted for the	17288
purposes of this chapter require a health care professional to	17289
perform a physical examination, the rules shall include as a	17290
health care professional a physician assistant, a clinical nurse	17291
specialist, a certified nurse practitioner, or a certified	17292
nurse-midwife.	17293

Sec. 5104.0111. (A) The director of job and family services	17294
shall do all of the following:	17295

(1) Provide or make available in either paper or electronic	17296
form to each licensee notice of proposed rules governing the	17297
licensure of child day-care centers, type A homes, and type B	17298
homes;	17299

(2) Give public notice of hearings regarding the proposed	17300
rules at least thirty days prior to the date of the public	17301
hearing, in accordance with section 119.03 of the Revised Code;	17302

(3) At least thirty days before the effective date of a rule,	17303
provide, in either paper or electronic form, a copy of the adopted	17304
rule to each licensee;	17305

(4) Send to each county director of job and family services a	17306
notice of proposed rules governing the certification of in-home	17307
aides that includes an internet web site address where the	17308
proposed rules can be viewed;	17309

(5) Provide to each county director of job and family	17310
services an electronic copy of each adopted rule at least	17311
forty-five days prior to the rule's effective date;	17312

(6) Review all rules adopted pursuant to this chapter at	17313
least once every seven years.	17314

(B) The county director of job and family services shall	17315
provide or make available in either paper or electronic form to	17316
each in-home aide copies of proposed rules and shall give public	17317
notice of hearings regarding the rules to each in-home aide at	17318
least thirty days prior to the date of the public hearing, in	17319
accordance with section 119.03 of the Revised Code. At least	17320
thirty days before the effective date of a rule, the county	17321
director of job and family services shall provide, in either paper	17322
or electronic form, copies of the adopted rule to each in-home	17323
aide.	17324

(C) Additional copies of proposed and adopted rules shall be	17325
made available by the director of job and family services to the	17326
public on request at no charge.	17327

(D) The director of job and family services may adopt rules	17328
in accordance with Chapter 119. of the Revised Code for imposing	17329
sanctions on persons and entities that are licensed or certified	17330
under this chapter. Sanctions may be imposed only for an action or	17331
omission that constitutes a serious risk noncompliance. The	17332
sanctions imposed shall be based on the scope and severity of the	17333
violations.	17334

The director shall make a dispute resolution process	17335
available for the implementation of sanctions. The process may	17336
include an opportunity for appeal pursuant to Chapter 119. of the	17337
Revised Code.	17338

(E) The director of job and family services shall adopt rules	17339
in accordance with Chapter 119. of the Revised Code that establish	17340
standards for the training of individuals who inspect or	17341
investigate type B family day-care homes pursuant to section	17342
5104.03 of the Revised Code. The department shall provide training	17343
in accordance with those standards for individuals in the	17344
categories described in this division.	17345

Sec. 5104.0112. Notwithstanding any provision of the Revised	17346
Code, the director of job and family services shall not regulate	17347
in any way under this chapter or rules adopted pursuant to this	17348
chapter, instruction in religious or moral doctrines, beliefs, or	17349
values.	17350

Sec. 5104.022. ~~The department~~In no case shall the director	17351
of job and family services ~~shall not~~issue a license to operate a	17352
~~prospective~~ type A family day-care home if ~~that prospective~~	17353
~~family day-care~~the type A home is certified ~~to be~~as a foster	17354
home or specialized foster home pursuant to Chapter 5103. of the	17355
Revised Code. ~~A county department of job and family services~~In no	17356
case shall ~~not certify~~the director issue a license to operate a	17357
~~prospective~~ type B family day-care home if ~~that prospective family~~	17358
~~day-care~~the type B home is certified ~~to be~~as a specialized	17359
foster home pursuant to Chapter 5103. of the Revised Code.	17360

Sec. 5104.03. (A) Any person, firm, organization,	17361
institution, or agency ~~desiring~~seeking to establish a child	17362
day-care center or, type A family day-care home, or licensed type	17363
B family day-care home shall apply for a license to the director	17364
of job and family services on such form as the director	17365
prescribes. The director shall provide at no charge to each	17366
applicant for licensure a copy of the child care license	17367
requirements in this chapter and a copy of the rules adopted	17368
pursuant to this chapter. The copies may be provided in paper or	17369
electronic form.	17370

Fees shall be set by the director pursuant to ~~section~~	17371
~~5104.011~~sections 5104.015, 5104.017, and 5104.018 of the Revised	17372
Code and shall be paid at the time of application for a license to	17373
operate a center or, type A home, or type B home. Fees collected	17374
under this section shall be paid into the state treasury to the	17375
credit of the general revenue fund.	17376

(B)(1) Upon filing of the application for a license, the	17377
director shall investigate and inspect the center or, type A home,	17378
or type B home to determine the license capacity for each age	17379
category of children of the center or, type A home, or type B home	17380
and to determine whether the center or, type A home, or type B	17381
home complies with this chapter and rules adopted pursuant to this	17382
chapter. When, after investigation and inspection, the director is	17383
satisfied that this chapter and rules adopted pursuant to it are	17384
complied with, subject to division ~~(G)~~(H) of this section, a	17385
~~provisional~~ license shall be issued as soon as practicable in such	17386
form and manner as prescribed by the director. The license shall	17387
be designated as provisional ~~license~~and shall be valid for	17388
twelve months from the date of issuance unless revoked.	17389

(2) The director may contract with a government entity or a	17390
private nonprofit entity for the entity to inspect and license	17391
type B family day-care homes pursuant to this section. The	17392
department, government entity, or nonprofit entity shall conduct	17393
the inspection prior to the issuance of a license for the type B	17394
home and, as part of that inspection, ensure that the type B home	17395
is safe and sanitary.	17396

(C)(1) On receipt of an application for licensure as a type B	17397
family day-care home to provide publicly funded child care, the	17398
department shall search the uniform statewide automated child	17399
welfare information system for information concerning any abuse or	17400
neglect report made pursuant to section 2151.421 of the Revised	17401
Code of which the applicant, any other adult residing in the	17402
applicant's home, or a person designated by the applicant to be an	17403
emergency or substitute caregiver for the applicant is the	17404
subject.	17405

(2) The department shall consider any information it	17406
discovers pursuant to division (C)(1) of this section or that is	17407
provided by a public children services agency pursuant to section	17408
5153.175 of the Revised Code. If the department determines that	17409
the information, when viewed within the totality of the	17410
circumstances, reasonably leads to the conclusion that the	17411
applicant may directly or indirectly endanger the health, safety,	17412
or welfare of children, the department shall deny the application	17413
for licensure or revoke the license of a type B family day-care	17414
home.	17415

(D) The director shall investigate and inspect the center or,	17416
type A home, or type B home at least once during operation under	17417
~~the~~a license designated as provisional ~~license~~. If after the	17418
investigation and inspection the director determines that the	17419
requirements of this chapter and rules adopted pursuant to this	17420
chapter are met, subject to division ~~(G)~~(H) of this section, the	17421
director shall issue a new license to the center or home.	17422

~~(D) The~~(E) Each license ~~or provisional license~~ shall state	17423
the name of the licensee, the name of the administrator, the	17424
address of the center or, type A home, or licensed type B home,	17425
and the license capacity for each age category of children. The	17426
license ~~or provisional license~~ shall include thereon, in	17427
accordance with ~~section 5104.011~~sections 5104.015, 5104.017, and	17428
5104.018 of the Revised Code, the toll-free telephone number to be	17429
used by persons suspecting that the center or, type A home, or	17430
licensed type B home has violated a provision of this chapter or	17431
rules adopted pursuant to this chapter. A license ~~or provisional~~	17432
~~license~~ is valid only for the licensee, administrator, address,	17433
and license capacity for each age category of children designated	17434
on the license. The license capacity specified on the license or	17435
~~provisional license~~ is the maximum number of children in each age	17436
category that may be cared for in the center or, type A home, or	17437
licensed type B home at one time.	17438

The center or type A home licensee shall notify the director	17439
when the administrator of the center or home changes. The director	17440
shall amend the current license ~~or provisional license~~ to reflect	17441
a change in an administrator, if the administrator meets the	17442
requirements of ~~Chapter 5104. of the Revised Code~~this chapter and	17443
rules adopted pursuant to ~~Chapter 5104. of the Revised Code~~this	17444
chapter, or a change in license capacity for any age category of	17445
children as determined by the director of job and family services.	17446

~~(E)~~(F) If the director revokes the license of a center or, a	17447
type A home, or a type B home, the director shall not issue	17448
another license to the owner of the center or, type A home, or	17449
type B home until five years have elapsed from the date the	17450
license is revoked.	17451

If the director denies an application for a license, the	17452
director shall not accept another application from the applicant	17453
until five years have elapsed from the date the application is	17454
denied.	17455

~~(F)~~(G) If during the application for licensure process the	17456
director determines that the license of the owner has been	17457
revoked, the investigation of the center or, type A home, or type	17458
B home shall cease. This action does not constitute denial of the	17459
application and may not be appealed under division ~~(G)~~(H) of this	17460
section.	17461

~~(G)~~(H) All actions of the director with respect to licensing	17462
centers or, type A homes, or type B homes, refusal to license, and	17463
revocation of a license shall be in accordance with Chapter 119.	17464
of the Revised Code. Any applicant who is denied a license or any	17465
owner whose license is revoked may appeal in accordance with	17466
section 119.12 of the Revised Code.	17467

~~(H)~~(I) In no case shall the director issue a license or	17468
~~provisional license~~ under this section for a ~~type A home or~~	17469
center, type A home, or type B home if the director, based on	17470
documentation provided by the appropriate county department of job	17471
and family services, determines that the applicant ~~previously~~ had	17472
been certified as a type B family day-care home when such	17473
certifications were issued by county departments prior to the	17474
effective date of this amendment, that the county department	17475
revoked that certification, that the revocation was based on the	17476
applicant's refusal or inability to comply with the criteria for	17477
certification, and that the refusal or inability resulted in a	17478
risk to the health or safety of children.	17479

(J)(1) Except as provided in division (J)(2) of this section,	17480
an administrator of a type B family day-care home that receives a	17481
license pursuant to this section to provide publicly funded child	17482
care is an independent contractor and is not an employee of the	17483
department of job and family services.	17484

(2) For purposes of Chapter 4141. of the Revised Code,	17485
determinations concerning the employment of an administrator of a	17486
type B family day-care home that receives a license pursuant to	17487
this section shall be determined under Chapter 4141. of the	17488
Revised Code.	17489

Sec. 5104.032. (A) The child day-care center shall have, for	17490
each child for whom the center is licensed, at least thirty-five	17491
square feet of usable indoor floor space wall-to-wall regularly	17492
available for the child care operation exclusive of any parts of	17493
the structure in which the care of children is prohibited by law	17494
or by rules adopted by the board of building standards. The	17495
minimum of thirty-five square feet of usable indoor floor space	17496
shall not include hallways, kitchens, storage areas, or any other	17497
areas that are not available for the care of children, as	17498
determined by the director, in meeting the space requirement of	17499
this division, and bathrooms shall be counted in determining	17500
square footage only if they are used exclusively by children	17501
enrolled in the center, except that the exclusion of hallways,	17502
kitchens, storage areas, bathrooms not used exclusively by	17503
children enrolled in the center, and any other areas not available	17504
for the care of children from the minimum of thirty-five square	17505
feet of usable indoor floor space shall not apply to:	17506

(1) Centers licensed prior to or on September 1, 1986, that	17507
continue under licensure after that date;	17508

(2) Centers licensed prior to or on September 1, 1986, that	17509
are issued a new license after that date solely due to a change of	17510
ownership of the center.	17511

(B) The child day-care center shall have on the site a safe	17512
outdoor play space which is enclosed by a fence or otherwise	17513
protected from traffic or other hazards. The play space shall	17514
contain not less than sixty square feet per child using such space	17515
at any one time, and shall provide an opportunity for supervised	17516
outdoor play each day in suitable weather. The director may exempt	17517
a center from the requirement of this division, if an outdoor play	17518
space is not available and if all of the following are met:	17519

(1) The center provides an indoor recreation area that has	17520
not less than sixty square feet per child using the space at any	17521
one time, that has a minimum of one thousand four hundred forty	17522
square feet of space, and that is separate from the indoor space	17523
required under division (A) of this section.	17524

(2) The director has determined that there is regularly	17525
available and scheduled for use a conveniently accessible and safe	17526
park, playground, or similar outdoor play area for play or	17527
recreation.	17528

(3) The children are closely supervised during play and while	17529
traveling to and from the area.	17530

The director also shall exempt from the requirement of this	17531
division a child day-care center that was licensed prior to	17532
September 1, 1986, if the center received approval from the	17533
director prior to September 1, 1986, to use a park, playground, or	17534
similar area, not connected with the center, for play or	17535
recreation in lieu of the outdoor space requirements of this	17536
section and if the children are closely supervised both during	17537
play and while traveling to and from the area and except if the	17538
director determines upon investigation and inspection pursuant to	17539
section 5104.04 of the Revised Code and rules adopted pursuant to	17540
that section that the park, playground, or similar area, as well	17541
as access to and from the area, is unsafe for the children.	17542

Sec. 5104.033. A child day-care center shall have at least	17543
two responsible adults available on the premises at all times when	17544
seven or more children are in the center. The center shall	17545
organize the children in the center in small groups, shall provide	17546
child-care staff to give continuity of care and supervision to the	17547
children on a day-by-day basis, and shall ensure that no child is	17548
left alone or unsupervised. Except as otherwise provided in	17549
division (B) of this section, the maximum number of children per	17550
child-care staff member and maximum group size, by age category of	17551
children, are as follows:	17552

	Maximum Number of		17553
	Children Per	Maximum	17554
Age Category	Child-Care	Group	17555
of Children	Staff Member	Size	17556
(a) Infants:			17557
(i) Less than twelve			17558
months old	5:1, or		17559
	12:2 if two		17560
	child-care		17561
	staff members		17562
	are in the room	12	17563
(ii) At least twelve			17564
months old, but			17565
less than eighteen			17566
months old	6:1	12	17567
(b) Toddlers:			17568
(i) At least eighteen			17569
months old, but			17570
less than thirty			17571
months old	7:1	14	17572
(ii) At least thirty months			17573
old, but less than			17574
three years old	8:1	16	17575
(c) Preschool-age			17576
children:			17577
(i) Three years old	12:1	24	17578
(ii) Four years old and			17579
five years old who			17580
are not school			17581
children	14:1	28	17582
(d) School-age children:			17583
(i) A child who is			17584
enrolled in or is			17585
eligible to be			17586
enrolled in a grade			17587
of kindergarten			17588
or above, but			17589
is less than			17590
eleven years old	18:1	36	17591
(ii) Eleven through fourteen			17592
years old	20:1	40	17593

Except as otherwise provided in division (B) of this section,	17594
the maximum number of children per child-care staff member and	17595
maximum group size requirements of the younger age group shall	17596
apply when age groups are combined.	17597

(B)(1) When age groups are combined, the maximum number of	17598
children per child-care staff member shall be determined by the	17599
age of the youngest child in the group, except that when no more	17600
than one child thirty months of age or older receives services in	17601
a group in which all the other children are in the next older age	17602
group, the maximum number of children per child-care staff member	17603
and maximum group size requirements of the older age group	17604
established under division (A) of this section shall apply.	17605

(2) The maximum number of toddlers or preschool-age children	17606
per child-care staff member in a room where children are napping	17607
shall be twice the maximum number of children per child-care staff	17608
member established under division (A) of this section if all the	17609
following criteria are met:	17610

(a) At least one child-care staff member is present in the	17611
room.	17612

(b) Sufficient child-care staff members are on the child	17613
day-care center premises to meet the maximum number of children	17614
per child-care staff member requirements established under	17615
division (A) of this section.	17616

(c) Naptime preparations are complete and all napping	17617
children are resting or sleeping on cots.	17618

(d) The maximum number established under division (B)(2) of	17619
this section is in effect for no more than two hours during a	17620
twenty-four-hour day.	17621

Sec. 5104.034. Each child day-care center shall have on the	17622
center premises and readily available at all times at least one	17623
child-care staff member who has completed a course in first aid,	17624
one staff member who has completed a course in prevention,	17625
recognition, and management of communicable diseases which is	17626
approved by the state department of health, and a staff member who	17627
has completed a course in child abuse recognition and prevention	17628
training which is approved by the department of job and family	17629
services.	17630

~~Sec. 5104.031.~~ Sec. 5104.035. (A) A child day-care center	17631
administrator shall show the director of job and family services	17632
both of the following:	17633

(1) Evidence of at least high school graduation or	17634
certification of high school equivalency by the state board of	17635
education or the appropriate agency of another state;	17636

(2) Evidence of having at least one of the following:

17637

(a) An associate, bachelor's, master's, doctoral, or other	17638
postgraduate degree in child development or early childhood	17639
education, or in a related field approved by the director, from an	17640
accredited college, university, or technical college;	17641

(b) A license designated as appropriate for teaching in an	17642
associate teaching position in a preschool setting issued by the	17643
state board of education pursuant to section 3319.22 of the	17644
Revised Code;	17645

(c) Designation under the career pathways model as an early	17646
childhood professional level three;	17647

(d) Two years of experience working as a child-care staff	17648
member in a licensed child care program, designation under the	17649
career pathways model as an early childhood professional level	17650
one, and, not later than one year after being named as	17651
administrator, designation under the career pathways model as an	17652
early childhood professional level two;	17653

(e) Two years of experience working as a child-care staff	17654
member in a licensed child care program and, except as provided in	17655
division (B) of this section, at least four courses in child	17656
development or early childhood education from an accredited	17657
college, university, or technical college;	17658

(f) Two years of experience working as a child-care staff	17659
member in a licensed child care program and a child development	17660
associate credential issued by the council for professional	17661
recognition;	17662

(g) Two years of training, including at least four courses in	17663
child development or early childhood education from an accredited	17664
college, university, or technical college;	17665

(h) An infant and toddler or early childhood credential from	17666
a program accredited by the Montessori accreditation council for	17667
teacher education.	17668

(B) A person who has two years of experience working as a	17669
child-care staff member in a child day-care center and is promoted	17670
to or designated as administrator of that center shall have one	17671
year from the date of the promotion or designation to complete the	17672
courses required by division (A)(1)(e) of this section.	17673

~~Sec. 5104.032.~~ Sec. 5104.036. (A) All child-care staff members of	17674
a child day-care center shall be at least eighteen years of age,	17675
and shall furnish the director of job and family services evidence	17676
of at least high school graduation or certification of high school	17677
equivalency by the state board of education or the appropriate	17678
agency of another state or evidence of completion of a training	17679
program approved by the department of job and family services or	17680
state board of education, except as follows:	17681

(B) A child-care staff member may be less than eighteen years	17682
of age if the staff member is either of the following:	17683

(1) A graduate of a two-year vocational child-care training	17684
program approved by the state board of education;	17685

(2) A student enrolled in the second year of a vocational	17686
child-care training program approved by the state board of	17687
education which leads to high school graduation, provided that the	17688
student performs the student's duties in the child day-care center	17689
under the continuous supervision of an experienced child-care	17690
staff member, receives periodic supervision from the vocational	17691
child-care training program teacher-coordinator in the student's	17692
high school, and meets all other requirements of this chapter and	17693
rules adopted pursuant to this chapter.	17694

(C) A child-care staff member shall be exempt from the	17695
educational requirements of division (A) of this section if the	17696
staff member:	17697

(1) Prior to January 1, 1972, was employed or designated by a	17698
child day-care center and has been continuously employed since	17699
either by the same child day-care center employer or at the same	17700
child day-care center;	17701

(2) Is a student enrolled in the second year of a vocational	17702
child-care training program approved by the state board of	17703
education which leads to high school graduation, provided that the	17704
student performs the student's duties in the child day-care center	17705
under the continuous supervision of an experienced child-care	17706
staff member, receives periodic supervision from the vocational	17707
child-care training program teacher-coordinator in the student's	17708
high school, and meets all other requirements of this chapter and	17709
rules adopted pursuant to this chapter;	17710

(3) Is receiving or has completed the final year of	17711
instruction at home as authorized under section 3321.04 of the	17712
Revised Code or has graduated from a nonchartered, nonpublic	17713
school in Ohio.	17714

~~Sec. 5104.033.~~ Sec. 5104.037. (A) Except as provided in division	17715
(B) of this section, each child-care staff member of a child	17716
day-care center annually shall complete fifteen hours of inservice	17717
training that includes the following subjects until the staff	17718
member has completed a total of forty-five hours of training:	17719

(1) Child development or early childhood education;

17720

(2) Child abuse recognition and prevention;

17721

(3) First aid;

17722

(4) Prevention, recognition, and management of communicable	17723
diseases.	17724

(B) A child-care staff member is exempt from the inservice	17725
training requirements established by division (A) of this section	17726
if the staff member furnishes one of the following to the director	17727
of job and family services:	17728

(1) Evidence of an associate or higher degree in child	17729
development or early childhood education from an accredited	17730
college, university, or technical college;	17731

(2) A license designated for teaching in an associate	17732
teaching position in a preschool setting issued by the state board	17733
of education;	17734

(3) Evidence of a child development associate credential;

17735

(4) Evidence of an infant and toddler or early childhood	17736
credential from a program accredited by the Montessori	17737
accreditation council for teacher education.	17738

(C) For purposes of this section, each hour of inservice	17739
training shall consist of sixty minutes of training.	17740

Sec. 5104.038. The administrator of each child day-care	17741
center shall maintain enrollment, health, and attendance records	17742
for all children attending the center and health and employment	17743
records for all center employees. The records shall be	17744
confidential, except that they shall be disclosed by the	17745
administrator to the director upon request for the purpose of	17746
administering and enforcing this chapter and rules adopted	17747
pursuant to this chapter. Neither the center nor the licensee,	17748
administrator, or employees of the center shall be civilly or	17749
criminally liable in damages or otherwise for records disclosed to	17750
the director by the administrator pursuant to this division. It	17751
shall be a defense to any civil or criminal charge based upon	17752
records disclosed by the administrator to the director that the	17753
records were disclosed pursuant to this division.	17754

Sec. 5104.039. (A) Any parent who is the residential parent	17755
and legal custodian of a child enrolled in a child day-care center	17756
and any custodian or guardian of such a child shall be permitted	17757
unlimited access to the center during its hours of operation for	17758
the purposes of contacting their children, evaluating the care	17759
provided by the center, evaluating the premises of the center, or	17760
for other purposes approved by the director. A parent of a child	17761
enrolled in a child day-care center who is not the child's	17762
residential parent shall be permitted unlimited access to the	17763
center during its hours of operation for those purposes under the	17764
same terms and conditions under which the residential parent of	17765
that child is permitted access to the center for those purposes.	17766
However, the access of the parent who is not the residential	17767
parent is subject to any agreement between the parents and, to the	17768
extent described in division (B) of this section, is subject to	17769
any terms and conditions limiting the right of access of the	17770
parent who is not the residential parent, as described in division	17771
(I) of section 3109.051 of the Revised Code, that are contained in	17772
a parenting time order or decree issued under that section,	17773
section 3109.12 of the Revised Code, or any other provision of the	17774
Revised Code.	17775

(B) If a parent who is the residential parent of a child has	17776
presented the administrator or the administrator's designee with a	17777
copy of a parenting time order that limits the terms and	17778
conditions under which the parent who is not the residential	17779
parent is to have access to the center, as described in division	17780
(I) of section 3109.051 of the Revised Code, the parent who is not	17781
the residential parent shall be provided access to the center only	17782
to the extent authorized in the order. If the residential parent	17783
has presented such an order, the parent who is not the residential	17784
parent shall be permitted access to the center only in accordance	17785
with the most recent order that has been presented to the	17786
administrator or the administrator's designee by the residential	17787
parent or the parent who is not the residential parent.	17788

(C) Upon entering the premises pursuant to division (A) or	17789
(B) of this section, the parent who is the residential parent and	17790
legal custodian, the parent who is not the residential parent, or	17791
the custodian or guardian shall notify the administrator or the	17792
administrator's designee of the parent's, custodian's, or	17793
guardian's presence.	17794

Sec. 5104.04. (A) The department of job and family services	17795
shall establish procedures to be followed in investigating,	17796
inspecting, and licensing child day-care centers ~~and~~, type A	17797
family day-care homes, and licensed type B family day-care homes.	17798

(B)(1)(a) The department shall, at least once during every	17799
twelve-month period of operation of a center or, type A home, or	17800
licensed type B home, inspect the center or, type A home, or	17801
licensed type B home. The department shall inspect a part-time	17802
center or part-time type A home at least once during every	17803
twelve-month period of operation. The department shall provide a	17804
written inspection report to the licensee within a reasonable time	17805
after each inspection. The licensee shall display ~~all written~~	17806
~~reports of inspections conducted during the current licensing~~	17807
~~period~~its most recent inspection report in a conspicuous place in	17808
the center or, type A home, or licensed type B home.	17809

Inspections may be unannounced. No person, firm,	17810
organization, institution, or agency shall interfere with the	17811
inspection of a center or, type A home, or licensed type B home by	17812
any state or local official engaged in performing duties required	17813
of the state or local official by this chapter or rules adopted	17814
pursuant to this chapter, including inspecting the center or, type	17815
A home, or licensed type B home, reviewing records, or	17816
interviewing licensees, employees, children, or parents.	17817

(b) Upon receipt of any complaint that a center or, type A	17818
home or licensed type B home is out of compliance with the	17819
requirements of this chapter or rules adopted pursuant to this	17820
chapter, the department shall investigate the center or home, and	17821
both of the following apply:	17822

(i) If the complaint alleges that a child suffered physical	17823
harm while receiving child care at the center or home or that the	17824
noncompliance alleged in the complaint involved, resulted in, or	17825
poses a substantial risk of physical harm to a child receiving	17826
child care at the center or home, the department shall inspect the	17827
center or home.	17828

(ii) If division (B)(1)(b)(i) of this section does not apply	17829
regarding the complaint, the department may inspect the center or	17830
home.	17831

(c) Division (B)(1)(b) of this section does not limit,	17832
restrict, or negate any duty of the department to inspect a center	17833
or, type A home, or licensed type B home that otherwise is imposed	17834
under this section, or any authority of the department to inspect	17835
a center or, type A home, or licensed type B home that otherwise	17836
is granted under this section when the department believes the	17837
inspection is necessary and it is permitted under the grant.	17838

(2) If the department implements an instrument-based program	17839
monitoring information system, it may use an indicator checklist	17840
to comply with division (B)(1) of this section.	17841

(3) The department shall contract with a third party by the	17842
first day of October in each even-numbered year to collect	17843
information concerning the amounts charged by the center or home	17844
for providing child care services for use in establishing	17845
reimbursement ceilings and payment pursuant to section 5104.30 of	17846
the Revised Code. The third party shall compile the information	17847
and report the results of the survey to the department not later	17848
than the first day of December in each even-numbered year.	17849

(C) The department may deny an application or revoke a	17850
license of a center or, type A home, or licensed type B home, if	17851
the applicant knowingly makes a false statement on the	17852
application, the center or home does not comply with the	17853
requirements of this chapter or rules adopted pursuant to this	17854
chapter, or the applicant or owner has pleaded guilty to or been	17855
convicted of an offense described in section 5104.09 of the	17856
Revised Code.	17857

(D) If the department finds, after notice and hearing	17858
pursuant to Chapter 119. of the Revised Code, that any applicant,	17859
person, firm, organization, institution, or agency applying for	17860
licensure or licensed under section 5104.03 of the Revised Code is	17861
in violation of any provision of this chapter or rules adopted	17862
pursuant to this chapter, the department may issue an order of	17863
denial to the applicant or an order of revocation to the center	17864
or, type A home, or licensed type B home revoking the license	17865
previously issued by the department. Upon the issuance of such an	17866
order, the person whose application is denied or whose license is	17867
revoked may appeal in accordance with section 119.12 of the	17868
Revised Code.	17869

(E) The surrender of a center or, type A home, or licensed	17870
type B home license to the department or the withdrawal of an	17871
application for licensure by the owner or administrator of the	17872
center or, type A home, or licensed type B home shall not prohibit	17873
the department from instituting any of the actions set forth in	17874
this section.	17875

(F) Whenever the department receives a complaint, is advised,	17876
or otherwise has any reason to believe that a center or type A	17877
home is providing child care without a license issued pursuant to	17878
section 5104.03 and is not exempt from licensing pursuant to	17879
section 5104.02 of the Revised Code, the department shall	17880
investigate the center or type A home and may inspect the areas	17881
children have access to or areas necessary for the care of	17882
children in the center or type A home during suspected hours of	17883
operation to determine whether the center or type A home is	17884
subject to the requirements of this chapter or rules adopted	17885
pursuant to this chapter.	17886

(G) The department, upon determining that the center or type	17887
A home is operating without a license, shall notify the attorney	17888
general, the prosecuting attorney of the county in which the	17889
center or type A home is located, or the city attorney, village	17890
solicitor, or other chief legal officer of the municipal	17891
corporation in which the center or type A home is located, that	17892
the center or type A home is operating without a license. Upon	17893
receipt of the notification, the attorney general, prosecuting	17894
attorney, city attorney, village solicitor, or other chief legal	17895
officer of a municipal corporation shall file a complaint in the	17896
court of common pleas of the county in which the center or type A	17897
home is located requesting that the court grant an order enjoining	17898
the owner from operating the center or type A home in violation of	17899
section 5104.02 of the Revised Code. The court shall grant such	17900
injunctive relief upon a showing that the respondent named in the	17901
complaint is operating a center or type A home and is doing so	17902
without a license.	17903

(H) The department shall prepare an annual report on	17904
inspections conducted under this section. The report shall include	17905
the number of inspections conducted, the number and types of	17906
violations found, and the steps taken to address the violations.	17907
The department shall file the report with the governor, the	17908
president and minority leader of the senate, and the speaker and	17909
minority leader of the house of representatives on or before the	17910
first day of January of each year, beginning in 1999.	17911

Sec. 5104.041. (A) All type A ~~and type B~~ family day-care	17912
homes and licensed type B family day-care homes shall procure and	17913
maintain one of the following:	17914

(1) Liability insurance issued by an insurer authorized to do	17915
business in this state under Chapter 3905. of the Revised Code	17916
insuring the type A or type B family day-care home against	17917
liability arising out of, or in connection with, the operation of	17918
the family day-care home. ~~Liability~~The insurance procured ~~under~~	17919
~~this division~~ shall cover any cause for which the type A or type B	17920
family day-care home would be liable, in the amount of at least	17921
one hundred thousand dollars per occurrence and three hundred	17922
thousand dollars in the aggregate.	17923

(2) A written statement signed by the parent, guardian, or	17924
custodian of each child receiving child care from the type A or	17925
type B family day-care home that states all of the following:	17926

(a) The family day-care home does not carry liability	17927
insurance described in division (A)(1) of this section;	17928

(b) If the licensee of a type A family day-care home or ~~the~~	17929
~~provider of~~ a type B family day-care home is not the owner of the	17930
real property where the family day-care home is located, the	17931
liability insurance, if any, of the owner of the real property may	17932
not provide for coverage of any liability arising out of, or in	17933
connection with, the operation of the family day-care home.	17934

(B) If the licensee of a type A family day-care home or ~~the~~	17935
~~provider of~~ a type B family day-care home is not the owner of the	17936
real property where the family day-care home is located and the	17937
family day-care home procures liability insurance described in	17938
division (A)(1) of this section, that licensee ~~or provider~~ shall	17939
name the owner of the real property as an additional insured party	17940
on the liability insurance policy if all of the following apply:	17941

(1) The owner of the real property requests the licensee or	17942
provider, in writing, to add the owner of the real property to the	17943
liability insurance policy as an additional insured party.	17944

(2) The addition of the owner of the real property does not	17945
result in cancellation or nonrenewal of the insurance policy	17946
procured by the type A or type B family day-care home.	17947

(3) The owner of the real property pays any additional	17948
premium assessed for coverage of the owner of the real property.	17949

(C) Proof of insurance or written statement required under	17950
division (A) of this section shall be maintained at the type A or	17951
type B family day-care home and made available for review during	17952
inspection or investigation as required under this chapter.	17953

(D) The director of job and family services shall adopt rules	17954
for the enforcement of this section.	17955

Sec. 5104.052. The director of job and family services, in	17956
cooperation with the fire marshal pursuant to section 3737.22 of	17957
the Revised Code, shall ~~promulgate~~adopt rules regarding fire	17958
prevention and fire safety in ~~certified~~licensed type B family	17959
day-care homes. In accordance with those rules, the director shall	17960
inspect each type B home that applies to be licensed that is	17961
providing or is to provide publicly funded child care.	17962

Sec. 5104.053. As a precondition of approval by the state	17963
board of education pursuant to section 3313.813 of the Revised	17964
Code for receipt of United States department of agriculture child	17965
and adult care food program funds established under the "National	17966
School Lunch Act," 60 Stat. 230 (1946), 42 U.S.C. 1751, as	17967
amended, the provider of child care in a type B family day-care	17968
home that is not ~~certified~~licensed by the ~~county~~ director of	17969
~~human~~job and family services shall request an inspection of the	17970
type B home by the fire marshal, who shall inspect the type B home	17971
pursuant to section 3737.22 of the Revised Code to determine that	17972
it is in compliance with rules established pursuant to section	17973
5104.052 of the Revised Code for ~~certified~~licensed type B homes.	17974

Sec. 5104.054. Any type B family day-care home, whether	17975
~~certified~~licensed or not ~~certified~~licensed by the ~~county~~	17976
director of ~~human~~job and family services, shall be considered to	17977
be a residential use of property for purposes of municipal,	17978
county, and township zoning and shall be a permitted use in all	17979
zoning districts in which residential uses are permitted. No	17980
municipal, county, or township zoning regulations shall require a	17981
conditional use permit or any other special exception	17982
certification for any such type B family day-care home.	17983

Sec. 5104.06. (A) The director of job and family services	17984
shall provide consultation, technical assistance, and training to	17985
child day-care centers ~~and~~, type A family day-care homes, and type	17986
B family day-care homes to improve programs and facilities	17987
providing child care ~~including, but not limited to,~~. As part of	17988
these activities, the director shall provide assistance in meeting	17989
the requirements of ~~Chapter 5104.~~this chapter and rules adopted	17990
pursuant to ~~Chapter 5104. of the Revised Code~~this chapter and	17991
shall furnish information regarding child abuse identification and	17992
reporting of child abuse.	17993

(B) The director of job and family services shall provide	17994
consultation and technical assistance to county departments of job	17995
and family services to assist the departments with the	17996
implementation of certification of ~~type B family day-care home~~	17997
~~providers and~~ in-home aides.	17998

Sec. 5104.08. (A) There is hereby created in the department	17999
of job and family services a child care advisory council to advise	18000
and assist the department in the administration of this chapter	18001
and in the development of child care. The council shall consist of	18002
twenty-two voting members appointed by the director of job and	18003
family services with the approval of the governor. The director of	18004
job and family services, the director of developmental	18005
disabilities, the director of mental health, the superintendent of	18006
public instruction, the director of health, the director of	18007
commerce, and the state fire marshal shall serve as nonvoting	18008
members of the council.	18009

Six members shall be representatives of child care centers	18010
subject to licensing, the members to represent a variety of	18011
centers, including nonprofit and proprietary, from different	18012
geographical areas of the state. At least three members shall be	18013
parents, guardians, or custodians of children receiving child care	18014
or publicly funded child care in the child's own home, a center, a	18015
type A home, a head start program, a ~~certified~~licensed type B	18016
home, or a type B home at the time of appointment. Three members	18017
shall be representatives of in-home aides, type A homes, ~~certified~~	18018
licensed type B homes, or type B homes or head start programs. At	18019
least six members shall represent county departments of job and	18020
family services. The remaining members shall be representatives of	18021
the teaching, child development, and health professions, and other	18022
individuals interested in the welfare of children. At least six	18023
members of the council shall not be employees or licensees of a	18024
child day-care center, head start program, or type A home, or	18025
providers operating a ~~certified~~licensed type B home or type B	18026
home, or in-home aides.	18027

Appointments shall be for three-year terms. Vacancies shall	18028
be filled for the unexpired terms. A member of the council is	18029
subject to removal by the director of job and family services for	18030
a willful and flagrant exercise of authority or power that is not	18031
authorized by law, for a refusal or willful neglect to perform any	18032
official duty as a member of the council imposed by law, or for	18033
being guilty of misfeasance, malfeasance, nonfeasance, or gross	18034
neglect of duty as a member of the council.	18035

There shall be two co-chairpersons of the council. One	18036
co-chairperson shall be the director of job and family services or	18037
the director's designee, and one co-chairperson shall be elected	18038
by the members of the council. The council shall meet as often as	18039
is necessary to perform its duties, provided that it shall meet at	18040
least once in each quarter of each calendar year and at the call	18041
of the co-chairpersons. The co-chairpersons or their designee	18042
shall send to each member a written notice of the date, time, and	18043
place of each meeting.	18044

Members of the council shall serve without compensation, but	18045
shall be reimbursed for necessary expenses.	18046

(B) The child care advisory council shall advise the director	18047
on matters affecting the licensing of centers ~~and~~, type A homes,	18048
and type B homes and the certification of ~~type B homes and~~ in-home	18049
aides. The council shall make an annual report to the director of	18050
job and family services that addresses the availability,	18051
affordability, accessibility, and quality of child care and that	18052
summarizes the recommendations and plans of action that the	18053
council has proposed to the director during the preceding fiscal	18054
year. The director of job and family services shall provide copies	18055
of the report to the governor, speaker and minority leader of the	18056
house of representatives, and the president and minority leader of	18057
the senate and, on request, shall make copies available to the	18058
public.	18059

(C) The director of job and family services shall adopt rules	18060
~~pursuant to~~in accordance with Chapter 119. of the Revised Code to	18061
implement this section.	18062

Sec. 5104.09. (A)(1) Except as provided in rules adopted	18063
pursuant to division (D) of this section, no individual who has	18064
been convicted of or pleaded guilty to a violation described in	18065
division (A)(9) of section 109.572 of the Revised Code, a	18066
violation of section 2905.11, 2909.02, 2909.03, 2909.04, 2909.05,	18067
2917.01, 2917.02, 2917.03, 2917.31, 2921.03, 2921.34, or 2921.35	18068
of the Revised Code or a violation of an existing or former law or	18069
ordinance of any municipal corporation, this state, any other	18070
state, or the United States that is substantially equivalent to	18071
any of those violations, or two violations of section 4511.19 of	18072
the Revised Code during operation of the center or home shall be	18073
certified as an in-home aide or be employed in any capacity in or	18074
own or operate a child day-care center, type A family day-care	18075
home, type B family day-care home, or ~~certified~~licensed type B	18076
family day-care home.	18077

(2) Each employee of a child day-care center and type A home	18078
and every person eighteen years of age or older residing in a type	18079
A home or licensed type B home shall sign a statement on forms	18080
prescribed by the director of job and family services attesting to	18081
the fact that the employee or resident person has not been	18082
convicted of or pleaded guilty to any offense set forth in	18083
division (A)(1) of this section and that no child has been removed	18084
from the employee's or resident person's home pursuant to section	18085
2151.353 of the Revised Code. Each licensee of a type A family	18086
day-care home or type B family day-care home shall sign a	18087
statement on a form prescribed by the director attesting to the	18088
fact that no person who resides at the type A home or licensed	18089
type B home and who is under the age of eighteen has been	18090
adjudicated a delinquent child for committing a violation of any	18091
section listed in division (A)(1) of this section. The statements	18092
shall be kept on file at the center or, type A home, or licensed	18093
type B home.	18094

(3) Each in-home aide ~~and every person eighteen years of age~~	18095
~~or older residing in a certified type B home~~ shall sign a	18096
statement on forms prescribed by the director of job and family	18097
services attesting that the aide ~~or resident person~~ has not been	18098
convicted of or pleaded guilty to any offense set forth in	18099
division (A)(1) of this section and that no child has been removed	18100
from the aide's ~~or resident person's~~ home pursuant to section	18101
2151.353 of the Revised Code. ~~Each authorized provider shall sign~~	18102
~~a statement on forms prescribed by the director attesting that the~~	18103
~~provider has not been convicted of or pleaded guilty to any~~	18104
~~offense set forth in division (A)(1) of this section and that no~~	18105
~~child has been removed from the provider's home pursuant to~~	18106
~~section 2151.353 of the Revised Code. Each authorized provider~~	18107
~~shall sign a statement on a form prescribed by the director~~	18108
~~attesting to the fact that no person who resides at the certified~~	18109
~~type B home and who is under the age of eighteen has been~~	18110
~~adjudicated a delinquent child for committing a violation of any~~	18111
~~section listed in division (A)(1) of this section.~~ The ~~statements~~	18112
statement shall be kept on file at the county department of job	18113
and family services.	18114

(4) Each administrator and licensee of a center or, type A	18115
home, or licensed type B home shall sign a statement on a form	18116
prescribed by the director of job and family services attesting	18117
that the administrator or licensee has not been convicted of or	18118
pleaded guilty to any offense set forth in division (A)(1) of this	18119
section and that no child has been removed from the	18120
administrator's or licensee's home pursuant to section 2151.353 of	18121
the Revised Code. The statement shall be kept on file at the	18122
center or, type A home, or licensed type B home.	18123

(B) No in-home aide, no administrator, licensee, ~~authorized~~	18124
~~provider,~~ or employee of a center, type A home, or ~~certified~~	18125
licensed type B home, and no person eighteen years of age or older	18126
residing in a type A home or ~~certified~~licensed type B home shall	18127
withhold information from, or falsify information on, any	18128
statement required pursuant to division (A)(2), (3), or (4) of	18129
this section.	18130

(C) No administrator, licensee, or child-care staff member	18131
shall discriminate in the enrollment of children in a child	18132
day-care center upon the basis of race, color, religion, sex, or	18133
national origin.	18134

(D) The director of job and family services shall adopt rules	18135
~~pursuant to~~in accordance with Chapter 119. of the Revised Code to	18136
implement this section, including rules specifying exceptions to	18137
the prohibition in division (A) of this section for persons who	18138
have been convicted of an offense listed in that division but meet	18139
rehabilitation standards set by the ~~department~~director.	18140

Sec. 5104.13. The department of job and family services	18141
shall prepare a guide describing the state statutes and rules	18142
governing the ~~certification~~licensure of type B family day-care	18143
homes. The department may publish the guide electronically or	18144
otherwise and shall do so in a manner that the guide is accessible	18145
to the public, including type B home providers.	18146

Sec. 5104.14. All materials that are supplied by the	18147
department of job and family services to type A family day-care	18148
home providers, type B family day-care home providers, in-home	18149
aides, persons seeking to be type A family day-care home	18150
providers, type B family day-care home providers, or in-home	18151
aides, and caretaker parents shall be written at no higher than	18152
the sixth grade reading level. The department may employ a	18153
readability expert to verify its compliance with this section.	18154

~~Sec. 5104.015.~~ Sec. 5104.25. (A) Except as otherwise provided in	18155
division (C) of this section, no child day-care center shall	18156
permit any person to smoke in any indoor or outdoor space that is	18157
part of the center.	18158

The administrator of a child day-care center shall post in a	18159
conspicuous place at the main entrance of the center a notice	18160
stating that smoking is prohibited in any indoor or outdoor space	18161
that is part of the center, except under the conditions described	18162
in division (C) of this section.	18163

(B) Except as otherwise provided in division (C) of this	18164
section, no type A family day-care home or ~~certified~~licensed type	18165
B family day-care home shall permit any person to smoke in any	18166
indoor or outdoor space that is part of the home during the hours	18167
the home is in operation. Smoking may be permitted during hours	18168
other than the hours of operation if the administrator or	18169
~~authorized provider~~ of the home has provided to a parent,	18170
custodian, or guardian of each child receiving child care at the	18171
home notice that smoking occurs or may occur at the home when it	18172
is not in operation.	18173

The administrator of a type A family day-care home or	18174
~~authorized provider of~~ a ~~certified~~licensed type B family day-care	18175
home shall post in a conspicuous place at the main entrance of the	18176
home a notice specifying the hours the home is in operation and	18177
stating that smoking is prohibited during those hours in any	18178
indoor or outdoor space that is part of the home, except under the	18179
conditions described in division (C) of this section.	18180

(C) A child day-care center, type A family day-care home, or	18181
~~certified~~licensed type B family home may allow persons to smoke	18182
at the center or home during its hours of operation if those	18183
persons cannot be seen smoking by the children being cared for and	18184
if they smoke in either of the following:	18185

(1) An indoor area that is separately ventilated from the	18186
rest of the center or home;	18187

(2) An outdoor area that is so far removed from the children	18188
being cared for that they cannot inhale any smoke.	18189

(D) The director of job and family services, in consultation	18190
with the director of health, shall adopt rules in accordance with	18191
Chapter 119. of the Revised Code to implement the requirements of	18192
this section. These rules may prohibit smoking in a child day-care	18193
center, type A family day-care home, or ~~certified~~licensed type B	18194
family home if its design and structure do not allow persons to	18195
smoke under the conditions described in division (C) of this	18196
section or if repeated violations of division (A) or (B) of this	18197
section have occurred there.	18198

Sec. 5104.30. (A) The department of job and family services	18199
is hereby designated as the state agency responsible for	18200
administration and coordination of federal and state funding for	18201
publicly funded child care in this state. Publicly funded child	18202
care shall be provided to the following:	18203

(1) Recipients of transitional child care as provided under	18204
section 5104.34 of the Revised Code;	18205

(2) Participants in the Ohio works first program established	18206
under Chapter 5107. of the Revised Code;	18207

(3) Individuals who would be participating in the Ohio works	18208
first program if not for a sanction under section 5107.16 of the	18209
Revised Code and who continue to participate in a work activity,	18210
developmental activity, or alternative work activity pursuant to	18211
an assignment under section 5107.42 of the Revised Code;	18212

(4) A family receiving publicly funded child care on October	18213
1, 1997, until the family's income reaches one hundred fifty per	18214
cent of the federal poverty line;	18215

(5) Subject to available funds, other individuals determined	18216
eligible in accordance with rules adopted under section 5104.38 of	18217
the Revised Code.	18218

The department shall apply to the United States department of	18219
health and human services for authority to operate a coordinated	18220
program for publicly funded child care, if the director of job and	18221
family services determines that the application is necessary. For	18222
purposes of this section, the department of job and family	18223
services may enter into agreements with other state agencies that	18224
are involved in regulation or funding of child care. The	18225
department shall consider the special needs of migrant workers	18226
when it administers and coordinates publicly funded child care and	18227
shall develop appropriate procedures for accommodating the needs	18228
of migrant workers for publicly funded child care.	18229

(B) The department of job and family services shall	18230
distribute state and federal funds for publicly funded child care,	18231
including appropriations of state funds for publicly funded child	18232
care and appropriations of federal funds available under the child	18233
care block grant act, Title IV-A, and Title XX. The department may	18234
use any state funds appropriated for publicly funded child care as	18235
the state share required to match any federal funds appropriated	18236
for publicly funded child care.	18237

(C) In the use of federal funds available under the child	18238
care block grant act, all of the following apply:	18239

(1) The department may use the federal funds to hire staff to	18240
prepare any rules required under this chapter and to administer	18241
and coordinate federal and state funding for publicly funded child	18242
care.	18243

(2) Not more than five per cent of the aggregate amount of	18244
the federal funds received for a fiscal year may be expended for	18245
administrative costs.	18246

(3) The department shall allocate and use at least four per	18247
cent of the federal funds for the following:	18248

(a) Activities designed to provide comprehensive consumer	18249
education to parents and the public;	18250

(b) Activities that increase parental choice;

18251

(c) Activities, including child care resource and referral	18252
services, designed to improve the quality, and increase the	18253
supply, of child care;	18254

(d) Establishing a tiered quality rating and improvement	18255
system in which participation in the program may allow child	18256
day-care providers to be eligible for grants, technical	18257
assistance, training, or other assistance and become eligible for	18258
unrestricted monetary awards for maintaining a quality rating.	18259

(4) The department shall ensure that the federal funds will	18260
be used only to supplement, and will not be used to supplant,	18261
federal, state, and local funds available on the effective date of	18262
the child care block grant act for publicly funded child care and	18263
related programs. If authorized by rules adopted by the department	18264
pursuant to section 5104.42 of the Revised Code, county	18265
departments of job and family services may purchase child care	18266
from funds obtained through any other means.	18267

(D) The department shall encourage the development of	18268
suitable child care throughout the state, especially in areas with	18269
high concentrations of recipients of public assistance and	18270
families with low incomes. The department shall encourage the	18271
development of suitable child care designed to accommodate the	18272
special needs of migrant workers. On request, the department,	18273
through its employees or contracts with state or community child	18274
care resource and referral service organizations, shall provide	18275
consultation to groups and individuals interested in developing	18276
child care. The department of job and family services may enter	18277
into interagency agreements with the department of education, the	18278
board of regents, the department of development, and other state	18279
agencies and entities whenever the cooperative efforts of the	18280
other state agencies and entities are necessary for the department	18281
of job and family services to fulfill its duties and	18282
responsibilities under this chapter.	18283

The department shall develop and maintain a registry of	18284
persons providing child care. The director shall adopt rules	18285
~~pursuant to~~in accordance with Chapter 119. of the Revised Code	18286
establishing procedures and requirements for the registry's	18287
administration.	18288

(E)(1) The director shall adopt rules in accordance with	18289
Chapter 119. of the Revised Code establishing both of the	18290
following:	18291

(a) Reimbursement ceilings for providers of publicly funded	18292
child care not later than the first day of July in each	18293
odd-numbered year;	18294

(b) A procedure for reimbursing and paying providers of	18295
publicly funded child care.	18296

(2) In establishing reimbursement ceilings under division	18297
(E)(1)(a) of this section, the director shall do all of the	18298
following:	18299

(a) Use the information obtained under division (B)(3) of	18300
section 5104.04 of the Revised Code;	18301

(b) Establish an enhanced reimbursement ceiling for providers	18302
who provide child care for caretaker parents who work	18303
nontraditional hours;	18304

(c) For ~~a type B family day-care home provider that has~~	18305
~~received limited certification pursuant to rules adopted under~~	18306
~~division (G)(1) of section 5104.011 of the Revised Code~~an in-home	18307
aide, establish a reimbursement ceiling that is ~~the following:~~	18308

~~(i) If the provider is a person described in division~~	18309
~~(G)(1)(a)(i) of section 5104.011 of the Revised Code,~~ seventy-five	18310
per cent of the reimbursement ceiling that applies to a licensed	18311
type B family day-care home ~~certified by the same county~~	18312
~~department of job and family services pursuant to section 5104.11~~	18313
~~of the Revised Code~~;	18314

~~(ii) If the provider is a person described in division~~	18315
~~(G)(1)(a)(ii) of section 5104.011 of the Revised Code, sixty per~~	18316
~~cent of the reimbursement ceiling that applies to a type B family~~	18317
~~day-care home certified by the same county department pursuant to~~	18318
~~section 5104.11 of the Revised Code.~~	18319

(d) With regard to the tiered quality rating and improvement	18320
system established pursuant to division (C)(3)(d) of this section,	18321
do both of the following:	18322

(i) Establish enhanced reimbursement ceilings for child	18323
day-care providers that participate in the system and maintain	18324
quality ratings under the system;	18325

(ii) ~~Weigh~~In the case of child day-care providers that have	18326
been given access to the system by the department, weigh any	18327
reduction in reimbursement ceilings more heavily against ~~child~~	18328
~~day-care~~those providers that do not participate in the system or	18329
do not maintain quality ratings under the system.	18330

(3) In establishing reimbursement ceilings under division	18331
(E)(1)(a) of this section, the director may establish different	18332
reimbursement ceilings based on any of the following:	18333

(a) Geographic location of the provider;

18334

(b) Type of care provided;

18335

18336

(d) Special needs of the child served;

18337

(e) Whether the expanded hours of service are provided;

18338

(f) Whether weekend service is provided;

18339

(g) Whether the provider has exceeded the minimum	18340
requirements of state statutes and rules governing child care;	18341

(h) Any other factors the director considers appropriate.

18342

(F) The director shall adopt rules in accordance with Chapter	18343
119. of the Revised Code to implement the tiered quality rating	18344
and improvement system described in division (C)(3)(d) of this	18345
section.	18346

Sec. 5104.31. (A) Publicly funded child care may be provided	18347
only by the following:	18348

(1) ~~A child day-care center or type A family day-care home,~~	18349
~~including a parent cooperative child day-care center or parent~~	18350
~~cooperative type A family day-care home,~~Any of the following	18351
licensed by the department of job and family services pursuant to	18352
section 5104.03 of the Revised Code;or pursuant to rules adopted	18353
under section 5104.018 of the Revised Code:	18354

(a) A child day-care center, including a parent cooperative	18355
child day-care center;	18356

(b) A type A family day-care home, including a parent	18357
cooperative type A family day-care home;	18358

18359

(2) ~~A type B family day-care home certified by the county~~	18360
~~department of job and family services pursuant to section 5104.11~~	18361
~~of the Revised Code;~~	18362

~~(3) A type B family day-care home that has received a limited~~	18363
~~certification pursuant to rules adopted under division (G)(1) of~~	18364
~~section 5104.011 of the Revised Code;~~	18365

~~(4)~~ An in-home aide who has been certified by the county	18366
department of job and family services pursuant to section 5104.12	18367
of the Revised Code;	18368

~~(5)~~(3) A child day camp approved pursuant to section 5104.22	18369
of the Revised Code;	18370

~~(6)~~(4) A licensed preschool program;

18371

~~(7)~~(5) A licensed school child program;

18372

~~(8)~~(6) A border state child care provider, except that a	18373
border state child care provider may provide publicly funded child	18374
care only to an individual who resides in an Ohio county that	18375
borders the state in which the provider is located.	18376

(B) Publicly funded child day-care may be provided in a	18377
child's own home only by an in-home aide.	18378

(C) Beginning July 1, 2020, publicly funded child care may be	18379
provided only by a provider that is rated through the tiered	18380
quality rating and improvement system established pursuant to	18381
section 5104.30 of the Revised Code.	18382

Sec. 5104.32. (A) Except as provided in division (C) of this	18383
section, all purchases of publicly funded child care shall be made	18384
under a contract entered into by a licensed child day-care center,	18385
licensed type A family day-care home, ~~certified~~licensed type B	18386
family day-care home, certified in-home aide, approved child day	18387
camp, licensed preschool program, licensed school child program,	18388
or border state child care provider and the department of job and	18389
family services. All contracts for publicly funded child care	18390
shall be contingent upon the availability of state and federal	18391
funds. The department shall prescribe a standard form to be used	18392
for all contracts for the purchase of publicly funded child care,	18393
regardless of the source of public funds used to purchase the	18394
child care. To the extent permitted by federal law and	18395
notwithstanding any other provision of the Revised Code that	18396
regulates state contracts or contracts involving the expenditure	18397
of state or federal funds, all contracts for publicly funded child	18398
care shall be entered into in accordance with the provisions of	18399
this chapter and are exempt from any other provision of the	18400
Revised Code that regulates state contracts or contracts involving	18401
the expenditure of state or federal funds.	18402

(B) Each contract for publicly funded child care shall	18403
specify at least the following:	18404

(1) That the provider of publicly funded child care agrees to	18405
be paid for rendering services at the lower of the rate	18406
customarily charged by the provider for children enrolled for	18407
child care or the reimbursement ceiling or rate of payment	18408
established pursuant to section 5104.30 of the Revised Code;	18409

(2) That, if a provider provides child care to an individual	18410
potentially eligible for publicly funded child care who is	18411
subsequently determined to be eligible, the department agrees to	18412
pay for all child care provided between the date the county	18413
department of job and family services receives the individual's	18414
completed application and the date the individual's eligibility is	18415
determined;	18416

(3) Whether the county department of job and family services,	18417
the provider, or a child care resource and referral service	18418
organization will make eligibility determinations, whether the	18419
provider or a child care resource and referral service	18420
organization will be required to collect information to be used by	18421
the county department to make eligibility determinations, and the	18422
time period within which the provider or child care resource and	18423
referral service organization is required to complete required	18424
eligibility determinations or to transmit to the county department	18425
any information collected for the purpose of making eligibility	18426
determinations;	18427

(4) That the provider, other than a border state child care	18428
provider, shall continue to be licensed, approved, or certified	18429
pursuant to this chapter and shall comply with all standards and	18430
other requirements in this chapter and in rules adopted pursuant	18431
to this chapter for maintaining the provider's license, approval,	18432
or certification;	18433

(5) That, in the case of a border state child care provider,	18434
the provider shall continue to be licensed, certified, or	18435
otherwise approved by the state in which the provider is located	18436
and shall comply with all standards and other requirements	18437
established by that state for maintaining the provider's license,	18438
certificate, or other approval;	18439

(6) Whether the provider will be paid by the state department	18440
of job and family services or in some other manner as prescribed	18441
by rules adopted under section 5104.42 of the Revised Code;	18442

(7) That the contract is subject to the availability of state	18443
and federal funds.	18444

(C) Unless specifically prohibited by federal law or by rules	18445
adopted under section 5104.42 of the Revised Code, the county	18446
department of job and family services shall give individuals	18447
eligible for publicly funded child care the option of obtaining	18448
certificates that the individual may use to purchase services from	18449
any provider qualified to provide publicly funded child care under	18450
section 5104.31 of the Revised Code. Providers of publicly funded	18451
child care may present these certificates for payment in	18452
accordance with rules that the director of job and family services	18453
shall adopt. Only providers may receive payment for certificates.	18454
The value of the certificate shall be based on the lower of the	18455
rate customarily charged by the provider or the rate of payment	18456
established pursuant to section 5104.30 of the Revised Code. The	18457
county department may provide the certificates to the individuals	18458
or may contract with child care providers or child care resource	18459
and referral service organizations that make determinations of	18460
eligibility for publicly funded child care pursuant to contracts	18461
entered into under section 5104.34 of the Revised Code for the	18462
providers or resource and referral service organizations to	18463
provide the certificates to individuals whom they determine are	18464
eligible for publicly funded child care.	18465

For each six-month period a provider of publicly funded child	18466
care provides publicly funded child care to the child of an	18467
individual given certificates, the individual shall provide the	18468
provider certificates for days the provider would have provided	18469
publicly funded child care to the child had the child been	18470
present. The maximum number of days providers shall be provided	18471
certificates shall not exceed ten days in a six-month period	18472
during which publicly funded child care is provided to the child	18473
regardless of the number of providers that provide publicly funded	18474
child care to the child during that period.	18475

Sec. 5104.35. (A) Each county department of job and family	18476
services shall do all of the following:	18477

(1) Accept any gift, grant, or other funds from either public	18478
or private sources offered unconditionally or under conditions	18479
which are, in the judgment of the department, proper and	18480
consistent with this chapter and deposit the funds in the county	18481
public assistance fund established by section 5101.161 of the	18482
Revised Code;	18483

(2) Recruit individuals and groups interested in	18484
certification as in-home aides or in developing and operating	18485
suitable licensed child day-care centers, type A family day-care	18486
homes, or ~~certified~~licensed type B family day-care homes,	18487
especially in areas with high concentrations of recipients of	18488
public assistance, and for that purpose provide consultation to	18489
interested individuals and groups on request;	18490

(3) Inform clients of the availability of child care	18491
services.	18492

(B) A county department of job and family services may, to	18493
the extent permitted by federal law, use public child care funds	18494
to extend the hours of operation of the county department to	18495
accommodate the needs of working caretaker parents and enable	18496
those parents to apply for publicly funded child care.	18497

Sec. 5104.36. The licensee or administrator of a child	18498
day-care center or, type A family day-care home, ~~the authorized~~	18499
~~provider of a certified~~or licensed type B family day-care home,	18500
an in-home aide providing child care services, the director or	18501
administrator of an approved child day camp, and a border state	18502
child care provider shall keep a record for each eligible child,	18503
to be made available to the county department of job and family	18504
services or the department of job and family services on request.	18505
The record shall include all of the following:	18506

(A) The name and date of birth of the child;

18507

(B) The name and address of the child's caretaker parent;

18508

(C) The name and address of the caretaker parent's place of	18509
employment or program of education or training;	18510

(D) The hours for which child care services have been	18511
provided for the child;	18512

(E) Any other information required by the county department	18513
of job and family services or the state department of job and	18514
family services.	18515

Sec. 5104.38. In addition to any other rules adopted under	18516
this chapter, the director of job and family services shall adopt	18517
rules in accordance with Chapter 119. of the Revised Code	18518
governing financial and administrative requirements for publicly	18519
funded child care and establishing all of the following:	18520

(A) Procedures and criteria to be used in making	18521
determinations of eligibility for publicly funded child care that	18522
give priority to children of families with lower incomes and	18523
procedures and criteria for eligibility for publicly funded	18524
protective child care. The rules shall specify the maximum amount	18525
of income a family may have for initial and continued eligibility.	18526
The maximum amount shall not exceed two hundred per cent of the	18527
federal poverty line. The rules may specify exceptions to the	18528
eligibility requirements in the case of a family that previously	18529
received publicly funded child care and is seeking to have the	18530
child care reinstated after the family's eligibility was	18531
terminated.	18532

(B) Procedures under which a county department of job and	18533
family services may, if the department, under division (A) of this	18534
section, specifies a maximum amount of income a family may have	18535
for eligibility for publicly funded child care that is less than	18536
the maximum amount specified in that division, specify a maximum	18537
amount of income a family residing in the county the county	18538
department serves may have for initial and continued eligibility	18539
for publicly funded child care that is higher than the amount	18540
specified by the department but does not exceed the maximum amount	18541
specified in division (A) of this section;	18542

(C) A schedule of fees requiring all eligible caretaker	18543
parents to pay a fee for publicly funded child care according to	18544
income and family size, which shall be uniform for all types of	18545
publicly funded child care, except as authorized by rule, and, to	18546
the extent permitted by federal law, shall permit the use of state	18547
and federal funds to pay the customary deposits and other advance	18548
payments that a provider charges all children who receive child	18549
care from that provider. The schedule of fees may not provide for	18550
a caretaker parent to pay a fee that exceeds ten per cent of the	18551
parent's family income.	18552

(D) A formula for determining the amount of state and federal	18553
funds appropriated for publicly funded child care that may be	18554
allocated to a county department to use for administrative	18555
purposes;	18556

(E) Procedures to be followed by the department and county	18557
departments in recruiting individuals and groups to become	18558
providers of child care;	18559

(F) Procedures to be followed in establishing state or local	18560
programs designed to assist individuals who are eligible for	18561
publicly funded child care in identifying the resources available	18562
to them and to refer the individuals to appropriate sources to	18563
obtain child care;	18564

(G) Procedures to deal with fraud and abuse committed by	18565
either recipients or providers of publicly funded child care;	18566

(H) Procedures for establishing a child care grant or loan	18567
program in accordance with the child care block grant act;	18568

(I) Standards and procedures for applicants to apply for	18569
grants and loans, and for the department to make grants and loans;	18570

(J) A definition of "person who stands in loco parentis" for	18571
the purposes of division ~~(KK)~~(JJ)(1) of section 5104.01 of the	18572
Revised Code;	18573

(K) Procedures for a county department of job and family	18574
services to follow in making eligibility determinations and	18575
redeterminations for publicly funded child care available through	18576
telephone, computer, and other means at locations other than the	18577
county department;	18578

(L) If the director establishes a different reimbursement	18579
ceiling under division (E)(3)(d) of section 5104.30 of the Revised	18580
Code, standards and procedures for determining the amount of the	18581
higher payment that is to be issued to a child care provider based	18582
on the special needs of the child being served;	18583

(M) To the extent permitted by federal law, procedures for	18584
paying for up to thirty days of child care for a child whose	18585
caretaker parent is seeking employment, taking part in employment	18586
orientation activities, or taking part in activities in	18587
anticipation of enrolling in or attending an education or training	18588
program or activity, if the employment or the education or	18589
training program or activity is expected to begin within the	18590
thirty-day period;	18591

(N) Any other rules necessary to carry out sections 5104.30	18592
to 5104.43 of the Revised Code.	18593

Sec. 5107.60. In accordance with Title IV-A, federal	18594
regulations, state law, the Title IV-A state plan prepared under	18595
section 5101.80 of the Revised Code, and amendments to the plan,	18596
county departments of job and family services shall establish and	18597
administer the following work activities, in addition to the work	18598
activities established under sections 5107.50, 5107.52, 5107.54,	18599
and 5107.58 of the Revised Code, for minor heads of households and	18600
adults participating in Ohio works first:	18601

(A) Unsubsidized employment activities, including activities	18602
a county department determines are legitimate entrepreneurial	18603
activities;	18604

(B) On-the-job training activities, including training to	18605
become an employee of a child day-care center or type A family	18606
day-care home, ~~authorized provider~~administrator of a ~~certified~~	18607
licensed type B family day-care home, or in-home aide;	18608

(C) Community service activities including a program under	18609
which a participant of Ohio works first who is the parent,	18610
guardian, custodian, or specified relative responsible for the	18611
care of a minor child enrolled in grade twelve or lower is	18612
involved in the minor child's education on a regular basis;	18613

(D) Vocational educational training activities;

18614

(E) Jobs skills training activities that are directly related	18615
to employment;	18616

(F) Education activities that are directly related to	18617
employment for participants who have not earned a high school	18618
diploma or high school equivalence diploma;	18619

(G) Education activities for participants who have not	18620
completed secondary school or received a high school equivalence	18621
diploma under which the participants attend a secondary school or	18622
a course of study leading to a high school equivalence diploma,	18623
including LEAP participation by a minor head of household;	18624

(H) Child-care service activities aiding another participant	18625
assigned to a community service activity or other work activity. A	18626
county department may provide for a participant assigned to this	18627
work activity to receive training necessary to provide child-care	18628
services.	18629

Sec. 5153.175. (A) Notwithstanding division (H)(1) of section	18630
2151.421, section 5153.17, and any other section of the Revised	18631
Code pertaining to confidentiality, when a public children	18632
services agency has determined that child abuse or neglect	18633
occurred and that abuse or neglect involves a person who has	18634
applied for licensure ~~or renewal of licensure~~ as a type A family	18635
day-care home or ~~certification or renewal of certification as a~~	18636
type B family day-care home, the agency shall promptly provide to	18637
the department of job and family services ~~or to a county~~	18638
~~department of job and family services~~ any information the agency	18639
determines to be relevant for the purpose of evaluating the	18640
fitness of the person, including, but not limited to, both of the	18641
following:	18642

(1) A summary report of the chronology of abuse and neglect	18643
reports made pursuant to section 2151.421 of the Revised Code of	18644
which the person is the subject where the agency determined that	18645
abuse or neglect occurred and the final disposition of the	18646
investigation of the reports or, if the investigations have not	18647
been completed, the status of the investigations;	18648

(2) Any underlying documentation concerning those reports.

18649

(B) The agency shall not include in the information provided	18650
to the department ~~or county department~~ under division (A) of this	18651
section the name of the person or entity that made the report or	18652
participated in the making of the report of child abuse or	18653
neglect.	18654

(C) Upon provision of information under division (A) of this	18655
section, the agency shall notify the department ~~or county~~	18656
~~department~~ of both of the following:	18657

(1) That the information is confidential;

18658

(2) That unauthorized dissemination of the information is a	18659
violation of division (H)(2) of section 2151.421 of the Revised	18660
Code and any person who permits or encourages unauthorized	18661
dissemination of the information is guilty of a misdemeanor of the	18662
fourth degree pursuant to section 2151.99 of the Revised Code.	18663

Section 120.02. That existing sections 109.57, 2151.011,	18664
2919.227, 2923.124, 2923.126, 2923.1212, 2950.11, 2950.13,	18665
3109.051, 3701.63, 3737.22, 3742.01, 3797.06, 4511.81, 5101.29,	18666
5103.03, 5104.01, 5104.011, 5104.012, 5104.013, 5104.015,	18667
5104.022, 5104.03, 5104.031, 5104.032, 5104.033, 5104.04,	18668
5104.041, 5104.052, 5104.053, 5104.054, 5104.06, 5104.08, 5104.09,	18669
5104.13, 5104.30, 5104.31, 5104.32, 5104.35, 5104.36, 5104.38,	18670
5107.60, and 5153.175 of the Revised Code are hereby repealed.	18671

Section 120.03. That sections 5104.014 and 5104.11 of the	18672
Revised Code are hereby repealed.	18673

Section 120.04. Sections 120.01, 120.02, and 120.03 of this	18674
act take effect on January 1, 2014.	18675

Section 610.10. That Sections 267.10.90 and 267.50.30 of Am.	18676
Sub. H.B. 153 of the 129th General Assembly be amended to read as	18677
follows:	18678

Sec. 267.10.90. (A) Notwithstanding anything to the contrary	18679
in section 3301.0710, 3301.0711, 3301.0715, or 3313.608 of the	18680
Revised Code, the administration of the English language arts	18681
assessments for elementary grades as a replacement for the	18682
separate reading and writing assessments prescribed by sections	18683
3301.0710 and 3301.0711 of the Revised Code, as those sections	18684
were amended by Am. Sub. H.B. 1 of the 128th General Assembly,	18685
shall not be required until a date prescribed by rule of the State	18686
Board of Education. Until that date, the Department of Education	18687
and school districts and schools shall continue to administer	18688
separate reading assessments for elementary grades, as prescribed	18689
by the versions of sections 3301.0710 and 3301.0711 of the Revised	18690
Code that were in effect prior to the effective date of Section	18691
265.20.15 of Am. Sub. H.B. 1 of the 128th General Assembly. The	18692
intent for delaying implementation of the replacement English	18693
language arts assessment is to provide adequate time for the	18694
complete development of the new assessment.	18695

(B) Notwithstanding anything to the contrary in section	18696
3301.0710 of the Revised Code, the State Board shall not prescribe	18697
the three ranges of scores for the assessments prescribed by	18698
division (A)(2) of section 3301.0710 of the Revised Code, as	18699
amended by Am. Sub. H.B. 1 of the 128th General Assembly, until	18700
the Board adopts the rule required by division (A) of this	18701
section. Until that date, the Board shall continue to prescribe	18702
the five ranges of scores required by the version of section	18703
3301.0710 of the Revised Code in effect prior to the effective	18704
date of Section 265.20.15 of Am. Sub. H.B. 1 of the 128th General	18705
Assembly, and the following apply:	18706

(1) The range of scores designated by the State Board as a	18707
proficient level of skill remains the passing score on the Ohio	18708
Graduation Tests for purposes of sections 3313.61, 3313.611,	18709
3313.612, and 3325.08 of the Revised Code;	18710

(2) The ~~range~~ranges of scores designated as a limited or	18711
basic level of skill ~~remains~~are the standard for applying the	18712
third-grade reading guarantee under division (A) of section	18713
3313.608 of the Revised Code;	18714

~~(3) The range of scores designated by the State Board as a~~	18715
~~proficient level of skill remains the standard for the summer~~	18716
~~remediation requirement of division (B)(2) of section 3313.608 of~~	18717
~~the Revised Code~~.	18718

(C) This section is not subject to expiration after June 30,	18719
2013, under Section 809.10 of this act.	18720

Sec. 267.50.30. PROHIBITION FROM OPERATING FROM HOME

18721

NoA community school established under Chapter 3314. of the	18722
Revised Code that was ~~not~~ open for operation as a community school	18723
as of May 1, 2005, ~~shall~~may operate from aor in any home, as	18724
defined in section 3313.64 of the Revised Code, located in the	18725
state, regardless of when the community school's operations from	18726
or in a particular home began.	18727

Section 610.11. That existing Sections 267.10.90 and	18728
267.50.30 of Am. Sub. H.B. 153 of the 129th General Assembly are	18729
hereby repealed.	18730

Section 610.20. That Section 267.60.23 of Am. Sub. H.B. 153	18731
of the 129th General Assembly and Section 265.20.15 of Am. Sub.	18732
H.B. 1 of the 128th General Assembly are hereby repealed.	18733

Section 733.10. Not later than June 20, 2013, the Department	18734
of Education shall conduct a study of the licensure requirements	18735
for educational staff responsible for the development of	18736
informational sources for the support of curriculum and literacy	18737
development in schools. The Department and the State Board of	18738
Education shall use the study to make any necessary updates or	18739
revisions to the licensure requirements for those staff.	18740

Section 733.30. The State Board of Education and the Early	18741
Childhood Advisory Council jointly shall develop legislative	18742
recommendations regarding the state's policies on literacy	18743
education for individuals from birth through third grade, with the	18744
goal of increasing kindergarten readiness, reading proficiency in	18745
kindergarten through third grade, and increasing school success	18746
and college- and career-readiness for Ohio's children. The State	18747
Board of Education and the Early Childhood Advisory Council shall	18748
submit the recommendations to the Governor and the General	18749
Assembly, in accordance with section 101.68 of the Revised Code,	18750
and to each member of the Children's Caucus within the General	18751
Assembly, not later than February 28, 2013. The recommendations	18752
shall address all of the following:	18753

(A) Alignment of the state's policies and resources for	18754
reading readiness and proficiency from birth through third grade,	18755
including literacy standards, evidence-based curricula,	18756
professional development, instructional practices, and assessments	18757
to reduce early learning difficulties and to ensure third grade	18758
reading proficiency;	18759

(B) Identification of birth through kindergarten entry	18760
strategies that reduce the kindergarten readiness gap, increase	18761
literacy success throughout the K-12 continuum, and increase	18762
college- and career-readiness;	18763

(C) Recommendations for implementing reading proficiency	18764
strategies.	18765

Section 733.40. Not later than December 31, 2012, the	18766
Superintendent of Public Instruction and the Governor's Director	18767
of 21st Century Education shall issue a report to the Governor and	18768
the General Assembly, in accordance with section 101.68 of the	18769
Revised Code, on the ability of the Ohio Department of Education	18770
to reprioritize state and federal funds appropriated or allocated	18771
to the Department, in order to identify additional funds that may	18772
be used to support the assessments and interventions associated	18773
with the third grade reading guarantee prescribed by section	18774
3313.608 of the Revised Code. The Superintendent and the Director	18775
shall examine all available sources of funding, including Title I	18776
of the "Elementary and Secondary Education Act of 1965," 20 U.S.C.	18777
6301 et seq.; Title III, Part A, of the "No Child Left Behind Act	18778
of 2001," 20 U.S.C. 6811, et seq.; and the "Enhancing Education	18779
Through Technology Act of 2001," 20 U.S.C. 6751.	18780

Section 733.60. The Department of Education shall develop	18781
legislative recommendations for a battery of measures to be used	18782
to rank the performance of the sponsors of community schools	18783
established under Chapter 3314. of the Revised Code. The	18784
recommendations shall propose measures for use in addition to the	18785
rankings required by section 3314.016 of the Revised Code, to	18786
determine whether an entity may sponsor additional community	18787
schools. The Department shall submit its recommendations to the	18788
Governor and the General Assembly, in accordance with section	18789
101.68 of the Revised Code, not later than December 31, 2012.	18790

Section 733.70. The Department of Education shall conduct a	18791
second Educational Choice Scholarship application period for the	18792
2012-2013 school year to award scholarships to eligible students	18793
who were enrolled in a nonpublic school in the 2011-2012 school	18794
year that was granted a charter by the State Board of Education	18795
during the 2011-2012 school year. The second application period	18796
shall commence on the effective date of this section and shall end	18797
at the close of business of the first business day that is at	18798
least thirty days after the effective date of this section. A	18799
student is an eligible student if an application is timely	18800
submitted under this section and the student meets the eligibility	18801
standards of division (B) of section 3310.031 of the Revised Code.	18802
Notwithstanding section 3310.10 of the Revised Code, a scholarship	18803
awarded during the second application period shall be used in the	18804
2012-2013 school year only to pay tuition at the nonpublic school	18805
in which the eligible student was enrolled in the 2011-2012 school	18806
year.	18807

Section 733.81. Notwithstanding the deadline prescribed in	18808
division (G)(2) of section 3301.0711 of the Revised Code, for the	18809
achievement assessments administered under that section for the	18810
2012-2013 school year, the Department of Education, or an entity	18811
with which the Department contracts for the scoring of the	18812
assessments, shall send to each school district board a list of	18813
the individual scores of all persons taking an assessment	18814
prescribed by division (A)(1) or (B)(1) of section 3301.0710 of	18815
the Revised Code within seventy-five days after its	18816
administration, but in no case shall the scores be returned later	18817
than June 15, 2013.	18818

Section 733.91. Not later than December 31, 2012, the	18819
Department of Education shall issue a report on the compliance of	18820
school districts and community schools established under Chapter	18821
3314. of the Revised Code with the requirement to have students	18822
with disabilities undergo a comprehensive eye examination in	18823
accordance with section 3323.19 of the Revised Code. For the	18824
report, the Department shall collect data from each school	18825
district and community school for the 2010-2011 and 2011-2012	18826
school years on the total number of students enrolled in the	18827
district or school who were subject to the requirement to undergo	18828
a comprehensive eye examination and the total number of those	18829
students who received the examination, as verified by	18830
documentation received by the district or school. The Department	18831
shall provide copies of the report to the Governor, the Speaker	18832
and Minority Leader of the House of Representatives, the President	18833
and Minority Leader of the Senate, and the chairpersons and	18834
ranking minority members of the House and Senate education	18835
committees.	18836

Section 751.10. The Revised Code section cited in the	18837
Administrative Code as the authority for any rules adopted under	18838
Chapter 5104. of the Revised Code shall be deemed to be the	18839
Revised Code section as renumbered by Section 101.01 of this act.	18840
The Director of Job and Family Services is not required to amend	18841
any rule previously adopted under Chapter 5104. of the Revised	18842
Code for the sole purpose of changing the citation of the Revised	18843
Code section that authorizes the rule.	18844

Section 751.20. The Revised Code sections cited in the	18845
Administrative Code as the authority for any rules adopted under	18846
Chapter 5104. of the Revised Code shall be deemed to be the	18847
Revised Code sections as renumbered by Section 120.01 of this act.	18848
The Director of Job and Family Services is not required to amend	18849
any rules previously adopted under Chapter 5104. of the Revised	18850
Code for the sole purpose of changing the citation of the Revised	18851
Code section that authorizes the rule.	18852

Section 751.30. On January 1, 2014, a person who is	18853
operating a type B family day-care home certified pursuant to	18854
section 5104.11 of the Revised Code, as that section existed on	18855
December 31, 2013, shall be issued a license to operate a type B	18856
family day-care home pursuant to section 5104.03 of the Revised	18857
Code as amended by this act. The Department of Job and Family	18858
Services shall adopt rules establishing a plan to facilitate the	18859
transition of type B homes from certification to licensure. The	18860
rules shall be adopted in accordance with Chapter 119. of the	18861
Revised Code.	18862

Section 763.10. The Office of Workforce Transformation is	18863
authorized to create a web site to help link energy companies with	18864
trained workers and to provide information on industry compatible	18865
curriculum and training. The Office of Workforce Transformation is	18866
also authorized to work with veterans to match training and skills	18867
to needed jobs in industries, including to the oil and gas	18868
industry.	18869

Section 806.10. The items of law contained in this act, and	18870
their applications, are severable. If any item of law contained in	18871
this act, or if any application of any item of law contained in	18872
this act, is held invalid, the invalidity does not affect other	18873
items of law contained in this act and their applications that can	18874
be given effect without the invalid item of law or application.	18875

Section 812.10. Sections subject to referendum: general	18876
effective date. Except as otherwise provided in this act, the	18877
amendment, enactment, or repeal by this act of a section is	18878
subject to the referendum under Ohio Constitution, Article II,	18879
Section 1c and therefore takes effect on the ninety-first day	18880
after this act is filed with the Secretary of State.	18881

Section 812.11. Sections subject to referendum: special	18882
effective dates. The amendment, enactment, or repeal by this act	18883
of the following sections is subject to the referendum under Ohio	18884
Constitution, Article II, Section 1c and therefore takes effect on	18885
the ninety-first day after this act is filed with the Secretary of	18886
State or on the date specified below, whichever is later:	18887

Section 751.20 of this act takes effect January 1, 2014.

18888

Section 812.20. Sections exempt from referendum: general	18889
effective date. The amendment, enactment, or repeal by this act of	18890
the following sections is exempt from the referendum under Ohio	18891
Constitution, Article II, Section 1d and section 1.471 of the	18892
Revised Code and therefore takes effect immediately when this act	18893
becomes law:	18894

Sections 3313.843 and 3317.11 of the Revised Code.

18895

Section 763.10 of this act.

18896

Section 815.10. Section 4301.20 of the Revised Code is	18897
presented in this act as a composite of the section as amended by	18898
both Am. Sub. H.B. 114 and S.B. 73 of the 129th General Assembly.	18899
The General Assembly, applying the principle stated in division	18900
(B) of section 1.52 of the Revised Code that amendments are to be	18901
harmonized if reasonably capable of simultaneous operation, finds	18902
that the composite is the resulting version of the section in	18903
effect prior to the effective date of the section as presented in	18904
this act.	18905