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To amend sections 124.38, 3301.04, 3301.079, | 1 |
3301.0712, 3301.0714, 3301.0715, 3301.0723, | 2 |
3301.52, 3301.53, 3301.58, 3301.90, 3301.922, | 3 |
3302.03, 3302.032, 3302.042, 3302.12, 3302.20, | 4 |
3302.21, 3302.25, 3310.01, 3310.02, 3310.03, | 5 |
3310.04, 3310.06, 3310.07, 3310.08, 3310.10, | 6 |
3310.11, 3310.13, 3310.14, 3310.15, 3310.17, | 7 |
3313.37, 3313.41, 3313.411, 3313.608, 3313.609, | 8 |
3313.6013, 3313.674, 3313.813, 3313.816, 3313.842, | 9 |
3313.843, 3313.845, 3313.978, 3314.012, 3314.015, | 10 |
3314.016, 3314.02, 3314.03, 3314.05, 3314.08, | 11 |
3314.17, 3314.18, 3317.01, 3317.03, 3317.11, | 12 |
3318.034, 3318.36, 3318.37, 3318.371, 3318.70, | 13 |
3319.02, 3319.06, 3319.11, 3319.111, 3319.112, | 14 |
3319.58, 3321.01, 3323.011, 3323.052, 3326.03, | 15 |
3326.04, 3326.10, 3326.11, 3326.17, 3326.21, | 16 |
3328.15, 3328.24, 3333.0411, 4139.01, 4139.03, | 17 |
4139.04, 4139.05, 4141.01, 4141.29, 4301.20, | 18 |
5104.01, 5104.011, 5104.02, 5104.21, 5104.30, | 19 |
5104.31, 5104.34, 5104.38, 5709.83, 5751.20, | 20 |
6301.01, 6301.02, 6301.03, 6301.04, 6301.07, | 21 |
6301.08, and 6301.10; to enact sections 3301.941, | 22 |
3302.033, 3302.41, 3310.031, 3313.847, 3314.017, | 23 |
3314.019, 3314.11, 3314.15, 3314.39, 3318.364, | 24 |
3326.031, 3326.26, 4123.391, 4141.292, 5104.031, | 25 |
5104.032, 5104.033, and 5123.022; and to repeal | 26 |
sections 3319.19 and 3324.08 of the Revised Code; | 27 |
to amend Sections 267.10.90 and 267.50.30 of Am. | 28 |
Sub. H.B. 153 of the 129th General Assembly; and | 29 |
to repeal Section 267.60.23 of Am. Sub. H.B. 153 | 30 |
of the 129th General Assembly and Section | 31 |
265.20.15 of Am. Sub. H.B. 1 of the 128th General | 32 |
Assembly to revise authorizations and conditions | 33 |
with respect to education, workforce development, | 34 |
and early childhood care; and to amend sections | 35 |
109.57, 2151.011, 2919.227, 2923.124, 2923.126, | 36 |
2923.1212, 2950.11, 2950.13, 3109.051, 3701.63, | 37 |
3737.22, 3742.01, 3797.06, 4511.81, 5101.29, | 38 |
5103.03, 5104.01, 5104.011, 5104.012, 5104.013, | 39 |
5104.015, 5104.022, 5104.03, 5104.04, 5104.041, | 40 |
5104.052, 5104.053, 5104.054, 5104.06, 5104.08, | 41 |
5104.09, 5104.13, 5104.30, 5104.31, 5104.32, | 42 |
5104.35, 5104.36, 5104.38, 5107.60, and 5153.175, | 43 |
to amend, for the purpose of adopting new section | 44 |
numbers as indicated in parentheses, sections | 45 |
5104.011 (5104.015), 5104.015 (5104.25), 5104.031 | 46 |
(5104.035), 5104.032 (5104.036), and 5104.033 | 47 |
(5104.037), to enact new sections 5104.032 and | 48 |
5104.033 and sections 5104.016, 5104.017, | 49 |
5104.018, 5104.019, 5104.0110, 5104.0111, | 50 |
5104.0112, 5104.034, 5104.038, 5104.039, and | 51 |
5104.14, and to repeal sections 5104.014 and | 52 |
5104.11 of the Revised Code to revise the law | 53 |
governing type B family day-care homes on January | 54 |
1, 2014. | 55 |
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; | 85 |
(C) | 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 | 157 |
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 | 167 |
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) | 173 |
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) | 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 | 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 |
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 | 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 | 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 | 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 |
| 316 |
317 | |
academic standards under division (A)(1) of this section | 318 |
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 |
| 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 |
| 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 |
| 337 |
compared to international standards. | 338 |
| 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) | 399 |
400 | |
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 |
| 685 |
data | 686 |
technology centers utilizing the code | 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,
| 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 | 710 |
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 | 923 |
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 |
962 | |
963 | |
964 | |
965 | |
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 | 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) | 983 |
984 | |
985 | |
986 | |
987 |
| 988 |
989 | |
990 | |
991 | |
992 | |
993 | |
994 | |
995 | |
996 |
| 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 | 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 | 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 | 1010 |
1011 | |
code to the director | 1012 |
1013 | |
1014 | |
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 | 1022 |
contractor the data verification code for a child | 1023 |
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 | 1029 |
section to report data relative to that student | 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" | 1068 |
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
| 1126 |
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 | 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. | 1156 |
1157 | |
1158 | |
1159 | |
1160 | |
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 | 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 | 1189 |
1190 | |
1191 | |
or the program ceases operations. | 1192 |
(E) | 1193 |
1194 | |
department of education annually shall investigate and inspect | 1195 |
each preschool program or school child program | 1196 |
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 | 1200 |
1201 | |
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. | 1207 |
1208 | |
1209 | |
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 | 1215 |
1216 | |
issue a license to the program within two years from the date of | 1217 |
the revocation | 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 | 1227 |
1228 | |
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 | 1235 |
chartered nonpublic schools | 1236 |
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 | 1240 |
in conjunction with those | 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 | 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 |
(c) Performance of students by gender; | 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 | 1490 |
1491 | |
sections 3313.674, 3314.15, and 3326.26 of the Revised Code | 1492 |
1493 | |
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 | 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) | 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 | 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. | 1696 |
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, | 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 | 1736 |
1737 | |
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 | 1773 |
1774 | |
report card scores under | 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 | 1824 |
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) | 1844 |
1845 | |
1846 | |
1847 | |
1848 | |
1849 | |
1850 | |
1851 | |
1852 |
| 1853 |
under standards adopted by the state board of education under | 1854 |
section 3302.20 of the Revised Code; | 1855 |
| 1856 |
spent for classroom instruction as determined under standards | 1857 |
adopted by the state board | 1858 |
the Revised Code; | 1859 |
| 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 | 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 | 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 | 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 | 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 |
| 1991 |
conditions specified in section 3310.03 of the Revised Code. | 1992 |
| 1993 |
the Revised Code. | 1994 |
| 1995 |
a student is entitled to attend school under section 3313.64 or | 1996 |
3313.65 of the Revised Code. | 1997 |
| 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) | 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 | 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 | 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 | 2090 |
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 | 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 |
| 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 |
2172 |
| 2173 |
defining excused absences for purposes of division | 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) | 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. | 2432 |
2433 | |
2434 | |
2435 | |
2436 | |
2437 | |
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 | 2444 |
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 | 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 | 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 | 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 | 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 |
2673 | |
of trustees of any college-preparatory boarding school, that are | 2674 |
located within the territory of the | 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, | 2686 |
2687 | |
qualified party offered the property under division (B) of this | 2688 |
section notifies the district treasurer in writing of
| 2689 |
intention to purchase the property, the district board shall sell | 2690 |
the property to | 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, | 2695 |
2696 | |
2697 | |
under division (B) of this section notifies the district treasurer | 2698 |
in writing of | 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 | 2702 |
2703 | |
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 | 2710 |
2711 | |
more than one qualified party offered the property under division | 2712 |
(B) of this section notifies the district treasurer in writing of | 2713 |
2714 | |
shall conduct a lottery to select from among those parties the | 2715 |
2716 | |
shall lease the property. | 2717 |
(4) The lease price offered by a district board to | 2718 |
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 | 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 |
| 2729 |
district board may renew any agreement it originally entered into | 2730 |
prior 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 |
| 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 |
| 2749 |
student with intensive intervention services in fourth grade; | 2750 |
| 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) | 2795 |
students in meeting | 2796 |
this section, each school district board of education shall adopt | 2797 |
policies and procedures with which it | 2798 |
the reading skills of each student | 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.
| 2802 |
use the diagnostic assessment to measure English language arts | 2803 |
ability for the appropriate grade level | 2804 |
2805 | |
of the Revised Code, | 2806 |
2807 | |
department of education, to identify such students | 2808 |
2809 | |
2810 | |
2811 | |
classroom teachers to be involved in the assessment and the | 2812 |
identification of students reading below grade level.
| 2813 |
2814 |
(2) For each student
| 2815 |
having reading skills | 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 | 2841 |
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 | 2845 |
2846 | |
2847 | |
deficiencies. | 2848 |
| 2849 |
2850 | |
2851 | |
2852 | |
2853 | |
2854 | |
section, the district
| 2855 |
(a) Provide intense remediation services | 2856 |
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 | 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 | 2899 |
2900 | |
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 |
| 2957 |
2958 |
| 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 | 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 | 3011 |
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 | 3022 |
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 | 3029 |
(D) | 3030 |
exempted village, or local school district and the governing | 3031 |
authority of each chartered nonpublic school | 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 | 3035 |
3036 |
(B) The board or governing authority may provide any | 3037 |
screenings | 3038 |
with another entity for provision of the screenings, or request | 3039 |
the parent or guardian of each student subject to | 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) | 3048 |
year,
| 3049 |
the screening shall provide the parent or guardian of each student | 3050 |
subject to | 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 | 3058 |
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 |
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. | 3089 |
For each county in which a district, community school, STEM | 3090 |
school, or chartered nonpublic school | 3091 |
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 |
| 3099 |
3100 | |
3101 | |
3102 | |
3103 | |
3104 | |
3105 | |
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 | 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 |
(c) A summer food service program pursuant to those acts. | 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 |
| 3254 |
3255 | |
3256 | |
3257 | |
3258 |
| 3259 |
| 3260 |
3261 |
| 3262 |
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 | 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 | 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 |
3364 | |
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) | 3568 |
(b) Race and ethnicity; | 3569 |
(c) Gender; | 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) | 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 | 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 | 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. | 3764 |
(2) In calculating | 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 | 3770 |
3771 | |
3772 | |
3773 | |
3774 | |
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 | 3979 |
3980 | |
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 |
(c) A big eight school district; | 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 | 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 | 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 |
4798 | |
4799 | |
4800 | |
4801 | |
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 | 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 | 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 | 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 | 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) | 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 |
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 | 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 | 6364 |
the
| 6365 |
major repairs of a part of the | 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
| 6372 |
6373 | |
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 | 6377 |
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 |
| 6628 |
6629 | |
6630 | |
6631 |
| 6632 |
6633 | |
6634 |
| 6635 |
immediate classroom facilities assistance" means a | 6636 |
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 |
6713 | |
6714 | |
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 | 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 | 6856 |
or before the | 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 |
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 | 6916 |
day of | 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 | 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 |
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 | 7049 |
first day of | 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 | 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 | 7064 |
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 | 7068 |
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 | 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 |
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 |
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
| 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 | 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 | 7120 |
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 | 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 |
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 | 7148 |
of | 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 | 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 | 7170 |
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 | 7174 |
7175 | |
such teacher notifies the board in writing to the contrary on or | 7176 |
before the | 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 | 7254 |
first day of | 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.
| 7306 |
7307 | |
7308 | |
7309 | |
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 | 7320 |
evaluation shall be completed by the first day of | 7321 |
the teacher shall receive a written report of the results of the | 7322 |
evaluation by the tenth day of | 7323 |
(2) | 7324 |
7325 | |
7326 | |
7327 | |
7328 | |
7329 | |
7330 | |
7331 | |
7332 | |
7333 | |
7334 | |
7335 | |
7336 | |
7337 |
| 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 | 7342 |
school year, and the teacher shall receive a written report of the | 7343 |
results of the evaluation by the tenth day of | 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 | 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 | 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 |
| 7387 |
7388 | |
7389 | |
7390 | |
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 | 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 |
(c) Developing; | 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 | 7492 |
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 | 7501 |
7502 | |
appropriate to determine expertise to teach that core subject area | 7503 |
and the grade level to which the teacher is assigned
| 7504 |
7505 |
(D) If a teacher who takes | 7506 |
this | 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 | 7513 |
| 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, | 7558 |
7559 | |
7560 | |
7561 | |
7562 | |
7563 | |
7564 | |
7565 | |
7566 | |
7567 | |
7568 | |
7569 | |
7570 | |
7571 | |
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 | 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 | 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 | 7591 |
section, "successfully completed kindergarten" | 7592 |
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 | 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 | 7611 |
no school district shall admit to the first grade any child who | 7612 |
has not successfully completed kindergarten. | 7613 |
(D) | 7614 |
7615 | |
7616 | |
7617 | |
7618 | |
7619 | |
7620 |
| 7621 |
7622 | |
7623 | |
7624 | |
7625 | |
7626 | |
7627 | |
7628 |
| 7629 |
| 7630 |
| 7631 |
| 7632 |
| 7633 |
| 7634 |
| 7635 |
7636 | |
7637 | |
7638 | |
7639 |
| 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 |
| 7644 |
or school described by division (B)(1) or (B)(2)(a) of this | 7645 |
section shall be developmentally appropriate. | 7646 |
| 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 |
| 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 | 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 | 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 | 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, | 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 |
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 | 7773 |
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. | 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. | 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 |
(C) Each proposal shall include at least the following: | 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 | 7853 |
compliance with this chapter and the provisions of the proposal as | 7854 |
accepted by the committee; | 7855 |
(3) Evidence that | 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 |
(c) Includes the arts and humanities; | 7864 |
(d) Emphasizes personalized learning and teamwork skills. | 7865 |
(4) Evidence that | 7866 |
who support the curriculum principles of division (C)(3) of this | 7867 |
section; | 7868 |
(5) A description of how | 7869 |
developed and approved in accordance with section 3326.09 of the | 7870 |
Revised Code; | 7871 |
(6) Evidence that | 7872 |
capacity to capture and share knowledge for best practices and | 7873 |
innovative professional development; | 7874 |
(7) Evidence that | 7875 |
collaboration with a partnership that includes institutions of | 7876 |
higher education and businesses; | 7877 |
(8) Assurances that | 7878 |
of sustained and verifiable fiscal and in-kind support from | 7879 |
regional education and business entities; | 7880 |
(9) A description of how | 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) | 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) | 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) | 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 | 7960 |
(E) The school will assert its best effort to attract a | 7961 |
diverse student body that reflects the community | 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, | 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) | 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 | 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. | 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 | 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 | 8133 |
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 | 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
| 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
| 8151 |
recommend minimum standards for apprenticeship programs and may | 8152 |
formulate policies and | 8153 |
to carry out the purpose of | 8154 |
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 | 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
| 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 | 8167 |
8168 |
(B) Register any apprenticeship programs and agreements that | 8169 |
meet the minimum standards established by | 8170 |
regulations and state rules governing the registered | 8171 |
apprenticeship system; | 8172 |
(C) Terminate or cancel | 8173 |
with the apprenticeship council any registered apprenticeship | 8174 |
programs and agreements not in | 8175 |
provisions of such standards; | 8176 |
(D) Keep a record of apprenticeship programs and their | 8177 |
disposition; | 8178 |
(E) | 8179 |
8180 |
| 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 | 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 | 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 | 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 | 9701 |
administrator that | 9702 |
(1) Uses a framework approved by the director of job and | 9703 |
family services to | 9704 |
education, training, experience, and specialized credentials | 9705 |
certifications | 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, | 9728 |
preschool-age child, or
| 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 | 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, | 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 | 9783 |
preschool-age and | 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 |
| 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 |
| 9901 |
establish, manage, conduct, or maintain a child day camp. | 9902 |
| 9903 |
1.59 of the Revised Code, or government entity. | 9904 |
| 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 |
| 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 |
| 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 |
| 9927 |
three years old or older but is not a | 9928 |
| 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 |
| 9943 |
the needs of infants, toddlers, | 9944 |
and | 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 |
| 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 |
| 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 |
| 9961 |
child care center | 9962 |
and " | 9963 |
type A home that provides child care for | 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 |
| 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 |
| 9975 |
calculated by the department of development pursuant to division | 9976 |
(A)(1)(g) of section 5709.61 of the Revised Code. | 9977 |
| 9978 |
Security Act," 110 Stat. 2113 (1996), 42 U.S.C. 601, as amended. | 9979 |
| 9980 |
Act," 88 Stat. 2337 (1974), 42 U.S.C. 1397, as amended. | 9981 |
| 9982 |
months of age but less than three years of age. | 9983 |
| 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 |
| 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 | 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 | 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) |
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) |
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 |
| 10191 |
10192 |
| 10193 |
10194 | |
10195 |
| 10196 |
10197 | |
10198 | |
10199 | |
10200 | |
10201 | |
10202 | |
10203 | |
10204 |
| 10205 |
10206 | |
10207 | |
10208 | |
10209 | |
10210 |
| 10211 |
10212 | |
10213 | |
10214 | |
10215 | |
10216 | |
10217 | |
10218 | |
10219 |
| 10220 |
10221 | |
10222 |
| 10223 |
10224 |
| 10225 |
10226 | |
10227 | |
10228 | |
10229 |
| 10230 |
10231 | |
10232 | |
10233 | |
10234 | |
10235 | |
10236 | |
10237 | |
10238 |
| 10239 |
10240 | |
10241 | |
10242 | |
10243 |
| 10244 |
10245 | |
10246 | |
10247 | |
10248 | |
10249 | |
10250 | |
10251 | |
10252 |
| 10253 |
10254 | |
10255 |
| 10256 |
10257 |
| 10258 |
10259 | |
10260 | |
10261 | |
10262 |
| 10263 |
10264 |
| 10265 |
10266 | |
10267 | |
10268 | |
10269 | |
10270 | |
10271 | |
10272 |
| 10273 |
10274 |
| 10275 |
10276 |
| 10277 |
10278 | |
10279 | |
10280 | |
10281 | |
10282 | |
10283 | |
10284 | |
10285 |
| 10286 |
10287 |
| 10288 |
10289 | |
10290 | |
10291 |
| 10292 |
10293 | |
10294 | |
10295 | |
10296 | |
10297 | |
10298 | |
10299 | |
10300 |
| 10301 |
10302 | |
10303 | |
10304 |
| 10305 |
10306 | |
10307 | |
10308 | |
10309 | |
10310 | |
10311 |
| 10312 |
10313 | |
10314 |
| 10315 |
10316 | |
10317 |
| 10318 |
| 10319 |
10320 | |
10321 | |
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 | 10397 |
Revised Code; the age, educational, and experience requirements of | 10398 |
10399 | |
number and type of inservice training hours required under | 10400 |
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 | 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 | 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, | 10782 |
preschool-age children, or | 10783 |
the program at one time; | 10784 |
(iii) The number of adults providing child care for the | 10785 |
number of infants, toddlers, | 10786 |
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 | 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 |
(c) The program is conducted in a school building; | 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 | 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 | 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 | 11080 |
11081 | |
system in which participation in the program may allow | 11082 |
day-care | 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 | 11145 |
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 | 11150 |
and maintain quality ratings under the | 11151 |
(ii) | 11152 |
been given access to the system by the department, weigh any | 11153 |
reduction in reimbursement ceilings more heavily against | 11154 |
11155 | |
11156 | |
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 |
(c) Age of the child served; | 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 | 11171 |
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, | 11269 |
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 | 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. | 11495 |
11496 | |
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 | 11528 |
amounts paid | 11529 |
267.30.50, 267.30.53, and 267.30.56 of H.B. 153 of the 129th | 11530 |
general assembly | 11531 |
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 | 11542 |
128th general assembly | 11543 |
11544 |
(c) For fiscal years 2012 and 2013, the amount paid in | 11545 |
accordance with | 11546 |
129th general assembly | 11547 |
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 | 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 |
(c) For tax year 2008, eighty-three per cent; | 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 |
(c) For tax year 2008, seventy-five per cent; | 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 |
(c) For tax year 2008, zero per cent; | 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 | 12212 |
12213 | |
and administering a workforce development system that is designed | 12214 |
to provide leadership, support, and oversight to locally designed | 12215 |
workforce development | 12216 |
12217 | |
12218 | |
12219 | |
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. | 12245 |
12246 | |
12247 | |
12248 | |
12249 | |
12250 | |
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 | 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. | 12284 |
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 |
| 12354 |
guidance and recommendations to the chief elected officials of a | 12355 |
local area for any workforce development activities. | 12356 |
| 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 | 12369 |
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. | 12381 |
12382 | |
12383 | |
12384 |
Sec. 6301.10. Beginning January 1, | 12385 |
calendar
| 12386 |
12387 | |
engaged in workforce development activities, shall prepare a | 12388 |
report concerning the state of Ohio's workforce. The
| 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, | 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 |
(c) The date of arrest, offense, summons, or arraignment; | 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 | 12670 |
the Revised Code; | 12671 |
12672 | |
12673 | |
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 |
" | 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 | 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 | 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 |
(c) Failure to develop a process for all of the following: | 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; | 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 | 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) | 13276 |
13277 | |
13278 | |
13279 |
| 13280 |
transportation," and "intrastate air transportation" have the same | 13281 |
meanings as in 49 U.S.C. 40102, as now or hereafter amended. | 13282 |
| 13283 |
division (A) of section 4506.25 of the Revised Code. | 13284 |
| 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 | 13387 |
13388 | |
resides in a type A family day-care home | 13389 |
day-care home | 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 | 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 |
(c) As used in division (C)(3) of this section: | 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 | 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, | 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 " | 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 | 13919 |
13920 | |
the delinquent child was subjected to this section prior to | 13921 |
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 | 13925 |
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 |
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 |
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 | 13988 |
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 | 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,
| 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 | 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
| 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 | 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 |
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 | 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 | 14896 |
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 " | 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 | 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 | 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 | 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 | 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 |
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) | 15261 |
15262 | |
15263 | |
15264 |
| 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 | 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 " | 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 | 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 | 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 | 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 | 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 | 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) | 15926 |
15927 | |
15928 |
| 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 |
| 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 |
| 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 |
| 15950 |
15951 | |
15952 | |
15953 | |
15954 | |
15955 |
| 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 |
| 15960 |
child, or school-age child. | 15961 |
| 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 |
| 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 |
| 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 |
| 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 |
| 16017 |
organization" means a community-based nonprofit organization that | 16018 |
provides child care resource and referral services but not child | 16019 |
care. | 16020 |
| 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 |
| 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 |
| 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 |
| 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 |
| 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 |
| 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 |
| 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 |
| 16080 |
5107.10 of the Revised Code, less any amounts required by federal | 16081 |
statutes or regulations to be disregarded. | 16082 |
| 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 | 16087 |
or licensed type B family day-care home's compliance with | 16088 |
licensing requirements. | 16089 |
| 16090 |
months of age. | 16091 |
| 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 |
| 16098 |
system" means a method to assess compliance with licensing | 16099 |
requirements for child day-care centers | 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 |
| 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 |
| 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) | 16124 |
16125 |
| 16126 |
program. | 16127 |
| 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 |
| 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 |
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 |
| 16142 |
establish, manage, conduct, or maintain a child day camp. | 16143 |
| 16144 |
1.59 of the Revised Code, or government entity. | 16145 |
| 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 |
| 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 |
| 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 |
| 16168 |
years old or older but is not a school-age child. | 16169 |
| 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 |
| 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 |
| 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 |
| 16199 |
or is eligible to be enrolled in a grade of kindergarten or above | 16200 |
but is less than fifteen years old. | 16201 |
| 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 |
| 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 |
| 16215 |
calculated by the department of development pursuant to division | 16216 |
(A)(1)(g) of section 5709.61 of the Revised Code. | 16217 |
| 16218 |
Security Act," 110 Stat. 2113 (1996), 42 U.S.C. 601, as amended. | 16219 |
| 16220 |
Act," 88 Stat. 2337 (1974), 42 U.S.C. 1397, as amended. | 16221 |
| 16222 |
months of age but less than three years of age. | 16223 |
| 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 |
| 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 |
16363 | |
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 | 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 |
| 16382 |
16383 | |
16384 | |
16385 | |
16386 | |
16387 | |
administrator of a
| 16388 |
and any person eighteen years of age or older who resides in a | 16389 |
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 | 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 | 16454 |
day-care home | 16455 |
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 |
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 | 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 |
| 16491 |
services shall adopt rules | 16492 |
119. of the Revised Code governing the operation of child day-care | 16493 |
centers, including | 16494 |
centers, part-time centers, drop-in centers, and school-age child | 16495 |
care centers | 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 |
| 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 |
| 16509 |
of the center are safe and sanitary including | 16510 |
the physical environment, the physical plant, and the equipment of | 16511 |
the center; | 16512 |
| 16513 |
children receiving child care or publicly funded child care in the | 16514 |
center; | 16515 |
| 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 |
| 16526 |
policies and procedures, including | 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 |
| 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 |
| 16538 |
supervision of children traveling off the premises of the center | 16539 |
while under the care of a center employee; | 16540 |
| 16541 |
administration; | 16542 |
| 16543 |
license that are not otherwise provided for in Chapter 119. of the | 16544 |
Revised Code; | 16545 |
| 16546 |
| 16547 |
application fees; | 16548 |
| 16549 |
to complaints about centers; | 16550 |
| 16551 |
Revised Code; | 16552 |
| 16553 |
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 |
| 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 | 16564 |
and 5104.037 of the Revised Code. | 16565 |
| 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 |
| 16570 |
that occur at the center; | 16571 |
| 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 |
| 16577 |
16578 | |
16579 | |
16580 | |
16581 | |
16582 | |
16583 | |
16584 | |
16585 | |
16586 | |
16587 | |
16588 | |
16589 | |
16590 | |
16591 | |
16592 | |
16593 |
| 16594 |
16595 |
| 16596 |
16597 | |
16598 |
| 16599 |
16600 | |
16601 | |
16602 | |
16603 | |
16604 | |
16605 | |
16606 |
| 16607 |
16608 | |
16609 | |
16610 | |
16611 |
| 16612 |
16613 | |
16614 | |
16615 |
| 16616 |
16617 |
| 16618 |
16619 | |
16620 | |
16621 | |
16622 | |
16623 | |
16624 | |
16625 | |
16626 | |
16627 | |
16628 | |
16629 |
| 16630 |
16631 | |
16632 | |
16633 | |
16634 | |
16635 | |
16636 | |
16637 | |
16638 | |
16639 |
16640 | ||||||
16641 | ||||||
16642 | ||||||
16643 | ||||||
16644 | ||||||
16645 | ||||||
16646 | ||||||
16647 | ||||||
16648 | ||||||
16649 | ||||||
16650 | ||||||
16651 | ||||||
16652 | ||||||
16653 | ||||||
16654 | ||||||
16655 | ||||||
16656 | ||||||
16657 | ||||||
16658 | ||||||
16659 | ||||||
16660 | ||||||
16661 | ||||||
16662 | ||||||
16663 | ||||||
16664 | ||||||
16665 | ||||||
16666 | ||||||
16667 | ||||||
16668 | ||||||
16669 | ||||||
16670 | ||||||
16671 | ||||||
16672 | ||||||
16673 | ||||||
16674 | ||||||
16675 | ||||||
16676 | ||||||
16677 | ||||||
16678 | ||||||
16679 | ||||||
16680 |
| 16681 |
16682 | |
16683 | |
16684 |
| 16685 |
16686 | |
16687 | |
16688 | |
16689 | |
16690 | |
16691 | |
16692 | |
16693 |
| 16694 |
16695 | |
16696 | |
16697 | |
16698 | |
16699 | |
16700 | |
16701 | |
16702 | |
16703 | |
16704 | |
16705 | |
16706 | |
16707 |
| 16708 |
16709 | |
16710 | |
16711 | |
16712 | |
16713 | |
16714 | |
16715 | |
16716 | |
16717 | |
16718 | |
16719 | |
16720 | |
16721 | |
16722 | |
16723 | |
16724 | |
16725 | |
16726 | |
16727 | |
16728 |
| 16729 |
16730 | |
16731 | |
16732 | |
16733 | |
16734 | |
16735 | |
16736 | |
16737 | |
16738 | |
16739 | |
16740 | |
16741 |
| 16742 |
16743 | |
16744 | |
16745 | |
16746 | |
16747 |
| 16748 |
16749 | |
16750 | |
16751 | |
16752 | |
16753 | |
16754 | |
16755 | |
16756 | |
16757 | |
16758 | |
16759 | |
16760 | |
16761 | |
16762 | |
16763 | |
16764 |
| 16765 |
16766 | |
16767 | |
16768 | |
16769 | |
16770 | |
16771 | |
16772 |
| 16773 |
16774 | |
16775 | |
16776 | |
16777 |
| 16778 |
16779 |
| 16780 |
16781 | |
16782 | |
16783 |
| 16784 |
16785 |
| 16786 |
16787 | |
16788 |
| 16789 |
16790 | |
16791 | |
16792 | |
16793 | |
16794 | |
16795 | |
16796 |
| 16797 |
16798 | |
16799 | |
16800 |
| 16801 |
16802 | |
16803 | |
16804 |
| 16805 |
16806 | |
16807 |
| 16808 |
16809 | |
16810 | |
16811 | |
16812 | |
16813 |
| 16814 |
16815 | |
16816 | |
16817 | |
16818 | |
16819 | |
16820 | |
16821 |
| 16822 |
16823 | |
16824 | |
16825 |
| 16826 |
16827 | |
16828 |
| 16829 |
16830 |
| 16831 |
16832 | |
16833 |
| 16834 |
| 16835 |
16836 |
| 16837 |
16838 |
| 16839 |
16840 |
| 16841 |
16842 | |
16843 | |
16844 | |
16845 | |
16846 |
| 16847 |
16848 | |
16849 | |
16850 |
| 16851 |
16852 | |
16853 | |
16854 |
| 16855 |
16856 |
| 16857 |
16858 |
| 16859 |
| 16860 |
16861 |
| 16862 |
16863 | |
16864 |
| 16865 |
16866 |
| 16867 |
16868 |
| 16869 |
16870 | |
16871 |
| 16872 |
| 16873 |
16874 | |
16875 |
| 16876 |
16877 | |
16878 | |
16879 | |
16880 |
| 16881 |
16882 |
| 16883 |
16884 | |
16885 |
| 16886 |
16887 | |
16888 |
| 16889 |
16890 | |
16891 | |
16892 | |
16893 | |
16894 | |
16895 | |
16896 | |
16897 | |
16898 | |
16899 | |
16900 | |
16901 | |
16902 | |
16903 | |
16904 | |
16905 |
| 16906 |
16907 | |
16908 | |
16909 | |
16910 | |
16911 | |
16912 | |
16913 | |
16914 | |
16915 |
| 16916 |
16917 | |
16918 | |
16919 |
| 16920 |
16921 | |
16922 | |
16923 |
| 16924 |
16925 | |
16926 |
| 16927 |
16928 | |
16929 | |
16930 | |
16931 | |
16932 |
| 16933 |
16934 | |
16935 | |
16936 | |
16937 | |
16938 |
| 16939 |
16940 | |
16941 | |
16942 |
| 16943 |
16944 |
| 16945 |
16946 |
| 16947 |
16948 | |
16949 |
| 16950 |
| 16951 |
16952 |
| 16953 |
16954 | |
16955 | |
16956 |
| 16957 |
16958 |
| 16959 |
| 16960 |
16961 |
| 16962 |
16963 | |
16964 |
| 16965 |
16966 | |
16967 |
| 16968 |
16969 |
| 16970 |
16971 | |
16972 | |
16973 | |
16974 | |
16975 | |
16976 | |
16977 | |
16978 | |
16979 | |
16980 | |
16981 | |
16982 | |
16983 | |
16984 |
| 16985 |
16986 | |
16987 | |
16988 |
| 16989 |
16990 |
| 16991 |
16992 | |
16993 | |
16994 | |
16995 | |
16996 |
| 16997 |
16998 | |
16999 | |
17000 | |
17001 | |
17002 |
| 17003 |
17004 | |
17005 | |
17006 |
| 17007 |
17008 |
| 17009 |
17010 |
| 17011 |
17012 |
| 17013 |
| 17014 |
17015 |
| 17016 |
17017 |
| 17018 |
17019 | |
17020 | |
17021 |
| 17022 |
17023 |
| 17024 |
17025 | |
17026 | |
17027 | |
17028 |
| 17029 |
17030 |
| 17031 |
17032 | |
17033 |
| 17034 |
17035 | |
17036 |
| 17037 |
17038 | |
17039 |
| 17040 |
| 17041 |
17042 | |
17043 | |
17044 |
| 17045 |
17046 |
| 17047 |
17048 | |
17049 |
| 17050 |
17051 | |
17052 | |
17053 | |
17054 | |
17055 | |
17056 | |
17057 | |
17058 | |
17059 | |
17060 |
| 17061 |
17062 | |
17063 |
| 17064 |
17065 | |
17066 | |
17067 | |
17068 | |
17069 | |
17070 |
| 17071 |
17072 | |
17073 | |
17074 |
| 17075 |
17076 | |
17077 | |
17078 | |
17079 | |
17080 | |
17081 | |
17082 | |
17083 | |
17084 |
| 17085 |
17086 | |
17087 |
| 17088 |
17089 | |
17090 | |
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. | 17351 |
of job and family services
| 17352 |
17353 | |
17354 | |
home or specialized foster home pursuant to Chapter 5103. of the | 17355 |
Revised Code. | 17356 |
case shall
| 17357 |
17358 | |
17359 | |
foster home pursuant to Chapter 5103. of the Revised Code. | 17360 |
Sec. 5104.03. (A) Any person, firm, organization, | 17361 |
institution, or agency | 17362 |
day-care center | 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 | 17371 |
17372 | |
Code and shall be paid at the time of application for a license to | 17373 |
operate a center | 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 | 17378 |
or type B home to determine the license capacity for each age | 17379 |
category of children of the center | 17380 |
and to determine whether the center | 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 | 17385 |
17386 | |
form and manner as prescribed by the director. The license shall | 17387 |
be designated as provisional
| 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 | 17416 |
type A home, or type B home at least once during operation under | 17417 |
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 | 17421 |
director shall issue a new license to the center or home. | 17422 |
| 17423 |
the name of the licensee, the name of the administrator, the | 17424 |
address of the center | 17425 |
and the license capacity for each age category of children. The | 17426 |
license | 17427 |
accordance with
| 17428 |
5104.018 of the Revised Code, the toll-free telephone number to be | 17429 |
used by persons suspecting that the center | 17430 |
licensed type B home has violated a provision of this chapter or | 17431 |
rules adopted pursuant to this chapter. A license | 17432 |
17433 | |
and license capacity for each age category of children designated | 17434 |
on the license. The license capacity specified on the license | 17435 |
17436 | |
category that may be cared for in the center | 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 | 17441 |
a change in an administrator, if the administrator meets the | 17442 |
requirements of | 17443 |
rules adopted pursuant to | 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 |
| 17447 |
type A home, or a type B home, the director shall not issue | 17448 |
another license to the owner of the center | 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 |
| 17456 |
director determines that the license of the owner has been | 17457 |
revoked, the investigation of the center | 17458 |
B home shall cease. This action does not constitute denial of the | 17459 |
application and may not be appealed under division | 17460 |
section. | 17461 |
| 17462 |
centers | 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 |
| 17468 |
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 | 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 |
| 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 |
| 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 |
| 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 | 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 | 17800 |
licensed type B home, inspect the center | 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 | 17806 |
17807 | |
17808 | |
the center | 17809 |
Inspections may be unannounced. No person, firm, | 17810 |
organization, institution, or agency shall interfere with the | 17811 |
inspection of a center | 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 | 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 | 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 |
17834 | |
under this section, or any authority of the department to inspect | 17835 |
a center | 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 | 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 |
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 | 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 | 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 | 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. | 17919 |
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 | 17929 |
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 | 17935 |
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 | 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 | 17958 |
prevention and fire safety in | 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
| 17969 |
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 | 17974 |
Sec. 5104.054. Any type B family day-care home, whether | 17975 |
17976 | |
director of | 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 | 17986 |
B family day-care homes to improve programs and facilities | 17987 |
providing child care | 17988 |
these activities, the director shall provide assistance in meeting | 17989 |
the requirements of | 17990 |
pursuant to | 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
| 17997 |
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 | 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,
| 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 | 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 | 18048 |
and type B homes and the certification of
| 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 |
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 | 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 | 18093 |
type B home. | 18094 |
(3) Each in-home aide | 18095 |
18096 | |
statement on forms prescribed by the director of job and family | 18097 |
services attesting that the aide | 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 | 18101 |
2151.353 of the Revised Code. | 18102 |
18103 | |
18104 | |
18105 | |
18106 | |
18107 | |
18108 | |
18109 | |
18110 | |
18111 | |
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 | 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 | 18123 |
(B) No in-home aide, no administrator, licensee, | 18124 |
18125 | |
licensed type B home, and no person eighteen years of age or older | 18126 |
residing in a type A home or | 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 |
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 | 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 | 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 |
| 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 | 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 | 18169 |
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 |
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 |
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
| 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 |
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 | 18305 |
18306 | |
18307 | |
aide, establish a reimbursement ceiling that is | 18308 |
| 18309 |
18310 | |
per cent of the reimbursement ceiling that applies to a licensed | 18311 |
type B family day-care home | 18312 |
18313 | |
18314 |
| 18315 |
18316 | |
18317 | |
18318 | |
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) | 18326 |
been given access to the system by the department, weigh any | 18327 |
reduction in reimbursement ceilings more heavily against | 18328 |
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 |
(c) Age of the child served; | 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) | 18349 |
18350 | |
18351 | |
licensed by the department of job and family services pursuant to | 18352 |
section 5104.03 of the Revised Code | 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 |
(c) A licensed type B family day-care home. | 18359 |
(2) | 18360 |
18361 | |
18362 |
| 18363 |
18364 | |
18365 |
| 18366 |
department of job and family services pursuant to section 5104.12 | 18367 |
of the Revised Code; | 18368 |
| 18369 |
of the Revised Code; | 18370 |
| 18371 |
| 18372 |
| 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, | 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 | 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 | 18499 |
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 | 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, | 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 | 18635 |
day-care home or | 18636 |
type B family day-care home, the agency shall promptly provide to | 18637 |
the department of job and family services | 18638 |
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 | 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 | 18656 |
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 | 18711 |
basic level of skill | 18712 |
third-grade reading guarantee under division (A) of section | 18713 |
3313.608 of the Revised Code | 18714 |
| 18715 |
18716 | |
18717 | |
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 |
| 18722 |
Revised Code that was | 18723 |
as of May 1, 2005,
| 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 |