As Re-Reported by the House Education Committee
129th General Assembly | Regular Session | 2011-2012 |
| |
Senator Lehner (By Request)
Cosponsors:
Senators Bacon, Eklund, Hite, Jones, LaRose, Niehaus, Sawyer, Turner, Wagoner
Representatives Stebelton, Roegner, Newbold
A BILL
To amend sections 124.38, 3301.04, 3301.079,
3301.0710, 3301.0712, 3301.0714, 3301.0715,
3301.0723, 3301.52, 3301.53, 3301.58, 3301.90,
3301.922, 3302.03, 3302.032, 3302.042, 3302.12,
3302.20, 3302.21, 3302.25, 3310.03, 3310.08,
3310.15, 3313.37, 3313.41, 3313.411, 3313.608,
3313.609, 3313.6013, 3313.674, 3313.813, 3313.816,
3313.842, 3313.843, 3313.845, 3313.978, 3314.015,
3314.016, 3314.02, 3314.029, 3314.03, 3314.06,
3314.08, 3314.17, 3314.18, 3314.35, 3314.36,
3317.01, 3317.11, 3318.034, 3318.36, 3318.37,
3318.371, 3318.70, 3319.02, 3319.06, 3319.11,
3319.111, 3319.112, 3319.58, 3321.01, 3323.011,
3323.052, 3323.19, 3326.03, 3326.04, 3326.10,
3326.11, 3326.17, 3326.21, 3328.15, 3328.24,
3333.0411, 4139.01, 4139.03, 4139.04, 4139.05,
4141.01, 4141.29, 4301.20, 5104.01, 5104.011,
5104.02, 5104.21, 5104.30, 5104.31, 5104.34,
5104.38, 5709.83, 5751.20, 6301.01, 6301.02,
6301.03, 6301.04, 6301.07, 6301.08, and 6301.10;
to enact sections 3301.941, 3302.033, 3302.41,
3310.031, 3313.6411, 3313.847, 3314.11, 3314.15,
3318.364, 3326.031, 3326.26, 4123.391, 4141.293,
5104.031, 5104.032, 5104.033, 5123.022, and
5126.0222; and to repeal section 3319.19 of the
Revised Code; to amend Sections 267.10.90,
267.50.30, and 283.20 of Am. Sub. H.B. 153 of the
129th General Assembly; and to repeal Section
267.60.23 of Am. Sub. H.B. 153 of the 129th
General Assembly and Section 265.20.15 of Am. Sub.
H.B. 1 of the 128th General Assembly to revise
authorizations and conditions with respect to
education, workforce development, and early
childhood care; and to amend sections 109.57,
2151.011, 2919.227, 2923.124, 2923.126, 2923.1212,
2950.11, 2950.13, 3109.051, 3701.63, 3737.22,
3742.01, 3797.06, 4511.81, 5101.29, 5103.03,
5104.01, 5104.011, 5104.012, 5104.013, 5104.015,
5104.022, 5104.03, 5104.04, 5104.041, 5104.052,
5104.053, 5104.054, 5104.06, 5104.08, 5104.09,
5104.13, 5104.30, 5104.31, 5104.32, 5104.35,
5104.36, 5104.38, 5107.60, and 5153.175, to amend,
for the purpose of adopting new section numbers as
indicated in parentheses, sections 5104.011
(5104.015), 5104.015 (5104.25), 5104.031
(5104.035), 5104.032 (5104.036), and 5104.033
(5104.037), to enact new sections 5104.032 and
5104.033 and sections 5104.016, 5104.017,
5104.018, 5104.019, 5104.0110, 5104.0111,
5104.0112, 5104.034, 5104.038, 5104.039, and
5104.14, and to repeal sections 5104.014 and
5104.11 of the Revised Code to revise the law
governing type B family day-care homes on January
1, 2014.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF OHIO:
Section 101.01. That sections 124.38, 3301.04, 3301.079,
3301.0710, 3301.0712, 3301.0714, 3301.0715, 3301.0723, 3301.52,
3301.53, 3301.58, 3301.90, 3301.922, 3302.03, 3302.032, 3302.042,
3302.12, 3302.20, 3302.21, 3302.25, 3310.03, 3310.08, 3310.15,
3313.37, 3313.41, 3313.411, 3313.608, 3313.609, 3313.6013,
3313.674, 3313.813, 3313.816, 3313.842, 3313.843, 3313.845,
3313.978, 3314.015, 3314.016, 3314.02, 3314.029, 3314.03, 3314.06,
3314.08, 3314.17, 3314.18, 3314.35, 3314.36, 3317.01, 3317.11,
3318.034, 3318.36, 3318.37, 3318.371, 3318.70, 3319.02, 3319.06,
3319.11, 3319.111, 3319.112, 3319.58, 3321.01, 3323.011, 3323.052,
3323.19, 3326.03, 3326.04, 3326.10, 3326.11, 3326.17, 3326.21,
3328.15, 3328.24, 3333.0411, 4139.01, 4139.03, 4139.04, 4139.05,
4141.01, 4141.29, 4301.20, 5104.01, 5104.011, 5104.02, 5104.21,
5104.30, 5104.31, 5104.34, 5104.38, 5709.83, 5751.20, 6301.01,
6301.02, 6301.03, 6301.04, 6301.07, 6301.08, and 6301.10 be
amended; and sections 3301.941, 3302.033, 3302.41, 3310.031,
3313.847, 3314.11, 3314.15, 3318.364, 3326.031, 3326.26, 4123.391,
4141.293, 5104.031, 5104.032, 5104.033, 5123.022, and 5126.0222 of
the Revised Code be enacted to read as follows:
Sec. 124.38. Each of the following shall be entitled for
each completed eighty hours of service to sick leave of four and
six-tenths hours with pay:
(A) Employees in the various offices of the county,
municipal, and civil service township service, other than
superintendents and management employees, as defined in section
5126.20 of the Revised Code, of county boards of developmental
disabilities;
(B) Employees of any state college or university;
(C) Employees Any employee of any board of education for whom
sick leave is not provided by section 3319.141 of the Revised
Code, provided that the employee is not a substitute, adult
education instructor who is scheduled to work the full-time
equivalent of less than one hundred twenty days per school year,
or a person who is employed on an as-needed, seasonal, or
intermittent basis.
Employees may use sick leave, upon approval of the
responsible administrative officer of the employing unit, for
absence due to personal illness, pregnancy, injury, exposure to
contagious disease that could be communicated to other employees,
and illness, injury, or death in the employee's immediate family.
Unused sick leave shall be cumulative without limit. When sick
leave is used, it shall be deducted from the employee's credit on
the basis of one hour for every one hour of absence from
previously scheduled work.
The previously accumulated sick leave of an employee who has
been separated from the public service shall be placed to the
employee's credit upon the employee's re-employment in the public
service, provided that the re-employment takes place within ten
years of the date on which the employee was last terminated from
public service. This ten-year period shall be tolled for any
period during which the employee holds elective public office,
whether by election or by appointment.
An employee who transfers from one public agency to another
shall be credited with the unused balance of the employee's
accumulated sick leave up to the maximum of the sick leave
accumulation permitted in the public agency to which the employee
transfers.
The appointing authorities of the various offices of the
county service may permit all or any part of a person's accrued
but unused sick leave acquired during service with any regional
council of government established in accordance with Chapter 167.
of the Revised Code to be credited to the employee upon a transfer
as if the employee were transferring from one public agency to
another under this section.
The appointing authority of each employing unit shall require
an employee to furnish a satisfactory written, signed statement to
justify the use of sick leave. If medical attention is required, a
certificate stating the nature of the illness from a licensed
physician shall be required to justify the use of sick leave.
Falsification of either a written, signed statement or a
physician's certificate shall be grounds for disciplinary action,
including dismissal.
This section does not interfere with existing unused sick
leave credit in any agency of government where attendance records
are maintained and credit has been given employees for unused sick
leave.
Notwithstanding this section or any other section of the
Revised Code, any appointing authority of a county office,
department, commission, board, or body may, upon notification to
the board of county commissioners, establish alternative schedules
of sick leave for employees of the appointing authority for whom
the state employment relations board has not established an
appropriate bargaining unit pursuant to section 4117.06 of the
Revised Code, as long as the alternative schedules are not
inconsistent with the provisions of at least one collective
bargaining agreement covering other employees of that appointing
authority, if such a collective bargaining agreement exists. If no
such collective bargaining agreement exists, an appointing
authority may, upon notification to the board of county
commissioners, establish an alternative schedule of sick leave for
its employees that does not diminish the sick leave benefits
granted by this section.
Sec. 3301.04. Between the first and thirty-first day of
January of each odd-numbered year, the state board of education
shall hold an organization meeting at which time it shall adopt
rules of procedure, elect a president and a vice-president each of
whom shall serve for two years or until the president's or
vice-president's successor is elected and qualified, and transact
such business as the board deems advisable.
The state board of education shall hold regular meetings once
every three months and adopt, by the thirty-first day of March
each year, a calendar indicating the dates on which the board will
hold its regular meetings for the following fiscal year. The board
may hold special meetings on dates not indicated on the adopted
calendar at such times as they may be called as provided in this
section. Special meetings of the board may be called by the
president, and, upon written request signed by at least a majority
of the members, the president shall call a special meeting of the
board. The president, or the president's designee, shall give
notice through the superintendent of public instruction by
registered mail to each member of the board at least ten days
prior to the time of any special meeting. The notice may be
delivered by regular mail or by electronic means. The state board
of education shall hold its meetings anywhere in Ohio designated
by the board.
Sec. 3301.079. (A)(1) Not later than June 30, 2010, and
periodically thereafter, the The state board of education
periodically shall adopt statewide academic standards with
emphasis on coherence, focus, and rigor for each of grades
kindergarten through twelve in English language arts, mathematics,
science, and social studies.
(a) The standards shall specify the following:
(i) The core academic content and skills that students are
expected to know and be able to do at each grade level that will
allow each student to be prepared for postsecondary instruction
and the workplace for success in the twenty-first century;
(ii) The development of skill sets that promote information,
media, and technological literacy;
(iii) Interdisciplinary, project-based, real-world learning
opportunities.
(b) Not later than July 1, 2012, the state board shall
incorporate into the social studies standards for grades four to
twelve academic content regarding the original texts of the
Declaration of Independence, the Northwest Ordinance, the
Constitution of the United States and its amendments, with
emphasis on the Bill of Rights, and the Ohio Constitution, and
their original context. The state board shall revise the model
curricula and achievement assessments adopted under divisions (B)
and (C) of this section as necessary to reflect the additional
American history and American government content. The state board
shall make available a list of suggested grade-appropriate
supplemental readings that place the documents prescribed by this
division in their historical context, which teachers may use as a
resource to assist students in reading the documents within that
context.
(2) After completing the standards required by division
(A)(1) of this section, the state board shall adopt standards and
model curricula for instruction in technology, financial literacy
and entrepreneurship, fine arts, and foreign language for grades
kindergarten through twelve. The standards shall meet the same
requirements prescribed in division (A)(1)(a) of this section.
(3) The state board shall adopt the most recent standards
developed by the national association for sport and physical
education for physical education in grades kindergarten through
twelve or shall adopt its own standards for physical education in
those grades and revise and update them periodically.
The department of education shall employ a full-time physical
education coordinator to provide guidance and technical assistance
to districts, community schools, and STEM schools in implementing
the physical education standards adopted under this division. The
superintendent of public instruction shall determine that the
person employed as coordinator is qualified for the position, as
demonstrated by possessing an adequate combination of education,
license, and experience.
(4) When academic standards have been completed for any
subject area required by this section, the state board shall
inform all school districts, all community schools established
under Chapter 3314. of the Revised Code, all STEM schools
established under Chapter 3326. of the Revised Code, and all
nonpublic schools required to administer the assessments
prescribed by sections 3301.0710 and 3301.0712 of the Revised Code
of the content of those standards.
(B) Not later than March 31, 2011, the (1) The state board
shall adopt a model curriculum for instruction in each subject
area for which updated academic standards are required by division
(A)(1) of this section and for each of grades kindergarten through
twelve that is sufficient to meet the needs of students in every
community. The model curriculum shall be aligned with the
standards, to ensure that the academic content and skills
specified for each grade level are taught to students, and shall
demonstrate vertical articulation and emphasize coherence, focus,
and rigor. When any model curriculum has been completed, the state
board shall inform all school districts, community schools, and
STEM schools of the content of that model curriculum.
(2) Not later than June 30, 2013, the state board, in
consultation with any office housed in the governor's office that
deals with workforce development, shall adopt model curricula for
grades kindergarten through twelve that embed career connection
learning strategies into regular classroom instruction.
(3) All school districts, community schools, and STEM schools
may utilize the state standards and the model curriculum
established by the state board, together with other relevant
resources, examples, or models to ensure that students have the
opportunity to attain the academic standards. Upon request, the
department of education shall provide technical assistance to any
district, community school, or STEM school in implementing the
model curriculum.
Nothing in this section requires any school district to
utilize all or any part of a model curriculum developed under this
division section.
(C) The state board shall develop achievement assessments
aligned with the academic standards and model curriculum for each
of the subject areas and grade levels required by divisions (A)(1)
and (B)(1) of section 3301.0710 of the Revised Code.
When any achievement assessment has been completed, the state
board shall inform all school districts, community schools, STEM
schools, and nonpublic schools required to administer the
assessment of its completion, and the department of education
shall make the achievement assessment available to the districts
and schools.
(D)(1) The state board shall adopt a diagnostic assessment
aligned with the academic standards and model curriculum for each
of grades kindergarten through two in English language arts and
mathematics and for grade three in English language arts. The
diagnostic assessment shall be designed to measure student
comprehension of academic content and mastery of related skills
for the relevant subject area and grade level. Any diagnostic
assessment shall not include components to identify gifted
students. Blank copies of diagnostic assessments shall be public
records.
(2) When each diagnostic assessment has been completed, the
state board shall inform all school districts of its completion
and the department of education shall make the diagnostic
assessment available to the districts at no cost to the district.
School districts shall administer the diagnostic assessment
pursuant to section 3301.0715 of the Revised Code beginning the
first school year following the development of the assessment.
(E) The state board shall not adopt a diagnostic or
achievement assessment for any grade level or subject area other
than those specified in this section.
(F) Whenever the state board or the department of education
consults with persons for the purpose of drafting or reviewing any
standards, diagnostic assessments, achievement assessments, or
model curriculum required under this section, the state board or
the department shall first consult with parents of students in
kindergarten through twelfth grade and with active Ohio classroom
teachers, other school personnel, and administrators with
expertise in the appropriate subject area. Whenever practicable,
the state board and department shall consult with teachers
recognized as outstanding in their fields.
If the department contracts with more than one outside entity
for the development of the achievement assessments required by
this section, the department shall ensure the interchangeability
of those assessments.
(G) Whenever the state board adopts standards or model
curricula under this section, the department also shall provide
information on the use of blended or digital learning in the
delivery of the standards or curricula to students in accordance
with division (A)(4) of this section.
(H) The fairness sensitivity review committee, established by
rule of the state board of education, shall not allow any question
on any achievement or diagnostic assessment developed under this
section or any proficiency test prescribed by former section
3301.0710 of the Revised Code, as it existed prior to September
11, 2001, to include, be written to promote, or inquire as to
individual moral or social values or beliefs. The decision of the
committee shall be final. This section does not create a private
cause of action.
(H)(I) Not later than forty-five days prior to the initial
deadline established adoption by the state board of updated
academic standards under division (A)(1) of this section and the
deadline established or updated model curricula under division
(B)(1) of this section, the superintendent of public instruction
shall present the academic standards or model curricula, as
applicable, to the respective committees of the house of
representatives and senate that consider education legislation.
(I)(J) As used in this section:
(1) "Blended learning" means the delivery of instruction in a
combination of time in a supervised physical location away from
home and online delivery whereby the student has some element of
control over time, place, path, or pace of learning.
(2) "Coherence" means a reflection of the structure of the
discipline being taught.
(2)(3) "Digital learning" means learning facilitated by
technology that gives students some element of control over time,
place, path, or pace of learning.
(4) "Focus" means limiting the number of items included in a
curriculum to allow for deeper exploration of the subject matter.
(3)(5) "Rigor" means more challenging and demanding when
compared to international standards.
(4)(6) "Vertical articulation" means key academic concepts
and skills associated with mastery in particular content areas
should be articulated and reinforced in a developmentally
appropriate manner at each grade level so that over time students
acquire a depth of knowledge and understanding in the core
academic disciplines.
Sec. 3301.0710. The state board of education shall adopt
rules establishing a statewide program to assess student
achievement. The state board shall ensure that all assessments
administered under the program are aligned with the academic
standards and model curricula adopted by the state board and are
created with input from Ohio parents, Ohio classroom teachers,
Ohio school administrators, and other Ohio school personnel
pursuant to section 3301.079 of the Revised Code.
The assessment program shall be designed to ensure that
students who receive a high school diploma demonstrate at least
high school levels of achievement in English language arts,
mathematics, science, and social studies.
(A)(1) The state board shall prescribe all of the following:
(a) Two statewide achievement assessments, one each designed
to measure the level of English language arts and mathematics
skill expected at the end of third grade;
(b) Two statewide achievement assessments, one each designed
to measure the level of English language arts and mathematics
skill expected at the end of fourth grade;
(c) Four statewide achievement assessments, one each designed
to measure the level of English language arts, mathematics,
science, and social studies skill expected at the end of fifth
grade;
(d) Two statewide achievement assessments, one each designed
to measure the level of English language arts and mathematics
skill expected at the end of sixth grade;
(e) Two statewide achievement assessments, one each designed
to measure the level of English language arts and mathematics
skill expected at the end of seventh grade;
(f) Four statewide achievement assessments, one each designed
to measure the level of English language arts, mathematics,
science, and social studies skill expected at the end of eighth
grade.
(2) The state board shall determine and designate at least
three ranges of scores on each of the achievement assessments
described in divisions (A)(1) and (B)(1) of this section. Each
range of scores shall be deemed to demonstrate a level of
achievement so that any student attaining a score within such
range has achieved one of the following:
(a) An advanced level of skill;
(b) A proficient level of skill;
(c) A limited level of skill.
(3) For the purpose of implementing division (A) of section
3313.608 of the Revised Code, the state board shall determine and
designate a level of achievement, not lower than the level
designated in division (A)(2)(c) of this section, on the third
grade English language arts assessment for a student to be
promoted to the fourth grade. The state board shall review and
adjust upward the level of achievement designated under this
division each year the test is administered until the level is set
equal to the level designated in division (A)(2)(b) of this
section.
(B)(1) The assessments prescribed under division (B)(1) of
this section shall collectively be known as the Ohio graduation
tests. The state board shall prescribe five statewide high school
achievement assessments, one each designed to measure the level of
reading, writing, mathematics, science, and social studies skill
expected at the end of tenth grade. The state board shall
designate a score in at least the range designated under division
(A)(2)(b) of this section on each such assessment that shall be
deemed to be a passing score on the assessment as a condition
toward granting high school diplomas under sections 3313.61,
3313.611, 3313.612, and 3325.08 of the Revised Code until the
assessment system prescribed by section 3301.0712 of the Revised
Code is implemented in accordance with rules adopted by the state
board under division (D) of that section.
(2) The state board shall prescribe an assessment system in
accordance with section 3301.0712 of the Revised Code that shall
replace the Ohio graduation tests in the manner prescribed by
rules adopted by the state board under division (D) of that
section.
(3) The state board may enter into a reciprocal agreement
with the appropriate body or agency of any other state that has
similar statewide achievement assessment requirements for
receiving high school diplomas, under which any student who has
met an achievement assessment requirement of one state is
recognized as having met the similar requirement of the other
state for purposes of receiving a high school diploma. For
purposes of this section and sections 3301.0711 and 3313.61 of the
Revised Code, any student enrolled in any public high school in
this state who has met an achievement assessment requirement
specified in a reciprocal agreement entered into under this
division shall be deemed to have attained at least the applicable
score designated under this division on each assessment required
by division (B)(1) or (2) of this section that is specified in the
agreement.
(C) The superintendent of public instruction shall designate
dates and times for the administration of the assessments
prescribed by divisions (A) and (B) of this section.
In prescribing administration dates pursuant to this
division, the superintendent shall designate the dates in such a
way as to allow a reasonable length of time between the
administration of assessments prescribed under this section and
any administration of the national assessment of educational
progress given to students in the same grade level pursuant to
section 3301.27 of the Revised Code or federal law.
(D) The state board shall prescribe a practice version of
each Ohio graduation test described in division (B)(1) of this
section that is of comparable length to the actual test.
(E) Any committee established by the department of education
for the purpose of making recommendations to the state board
regarding the state board's designation of scores on the
assessments described by this section shall inform the state board
of the probable percentage of students who would score in each of
the ranges established under division (A)(2) of this section on
the assessments if the committee's recommendations are adopted by
the state board. To the extent possible, these percentages shall
be disaggregated by gender, major racial and ethnic groups,
limited English proficient students, economically disadvantaged
students, students with disabilities, and migrant students.
If the state board intends to make any change to the
committee's recommendations, the state board shall explain the
intended change to the Ohio accountability task force established
by section 3302.021 of the Revised Code. The task force shall
recommend whether the state board should proceed to adopt the
intended change. Nothing in this division shall require the state
board to designate assessment scores based upon the
recommendations of the task force.
Sec. 3301.0712. (A) The state board of education, the
superintendent of public instruction, and the chancellor of the
Ohio board of regents shall develop a system of college and work
ready assessments as described in divisions (B)(1) and (2) of this
section to assess whether each student upon graduating from high
school is ready to enter college or the workforce. The system
shall replace the Ohio graduation tests prescribed in division
(B)(1) of section 3301.0710 of the Revised Code as a measure of
student academic performance and a prerequisite for eligibility
for a high school diploma in the manner prescribed by rule of the
state board adopted under division (D) of this section.
(B) The college and work ready assessment system shall
consist of the following:
(1) A nationally standardized assessment that measures
college and career readiness selected jointly by the state
superintendent and the chancellor.
(2) A series of end-of-course examinations in the areas of
science, mathematics, English language arts, American history, and
American government selected jointly by the state superintendent
and the chancellor in consultation with faculty in the appropriate
subject areas at institutions of higher education of the
university system of Ohio. For each subject area, the state
superintendent and chancellor shall select multiple assessments
that school districts, public schools, and chartered nonpublic
schools may use as end-of-course examinations. Subject to division
(B)(3)(b) of this section, those assessments shall include
nationally recognized subject area assessments, such as advanced
placement examinations, SAT subject tests, international
baccalaureate examinations, and other assessments of college and
work readiness.
(3)(a) Not later than July 1, 2013, each school district
board of education shall adopt interim end-of-course examinations
that comply with the requirements of divisions (B)(3)(b)(i) and
(ii) of this section to assess mastery of American history and
American government standards adopted under division (A)(1)(b) of
section 3301.079 of the Revised Code and the topics required under
division (M) of section 3313.603 of the Revised Code. Each high
school of the district shall use the interim examinations until
the state superintendent and chancellor select end-of-course
examinations in American history and American government under
division (B)(2) of this section.
(b) Not later than July 1, 2014, the state superintendent and
the chancellor shall select the end-of-course examinations in
American history and American government.
(i) The end-of-course examinations in American history and
American government shall require demonstration of mastery of the
American history and American government content for social
studies standards adopted under division (A)(1)(b) of section
3301.079 of the Revised Code and the topics required under
division (M) of section 3313.603 of the Revised Code.
(ii) At least twenty per cent of the end-of-course
examination in American government shall address the topics on
American history and American government described in division (M)
of section 3313.603 of the Revised Code.
(C) Not later than thirty days after the state board adopts
the model curricula required by division (B) of section 3301.079
of the Revised Code, the The state board shall convene a group of
national experts, state experts, and local practitioners to
provide advice, guidance, and recommendations for the alignment of
standards and model curricula to the assessments and in the design
of the end-of-course examinations prescribed by this section.
(D) Upon completion of the development of the assessment
system, the state board shall adopt rules prescribing all of the
following:
(1) A timeline and plan for implementation of the assessment
system, including a phased implementation if the state board
determines such a phase-in is warranted;
(2) The date after which a person entering ninth grade shall
meet the requirements of the entire assessment system as a
prerequisite for a high school diploma under section 3313.61,
3313.612, or 3325.08 of the Revised Code;
(3) The date after which a person shall meet the requirements
of the entire assessment system as a prerequisite for a diploma of
adult education under section 3313.611 of the Revised Code;
(4) Whether and the extent to which a person may be excused
from an American history end-of-course examination and an American
government end-of-course examination under division (H) of section
3313.61 and division (B)(2) of section 3313.612 of the Revised
Code;
(5) The date after which a person who has fulfilled the
curriculum requirement for a diploma but has not passed one or
more of the required assessments at the time the person fulfilled
the curriculum requirement shall meet the requirements of the
entire assessment system as a prerequisite for a high school
diploma under division (B) of section 3313.614 of the Revised
Code;
(6) The extent to which the assessment system applies to
students enrolled in a dropout recovery and prevention program for
purposes of division (F) of section 3313.603 and section 3314.36
of the Revised Code.
No rule adopted under this division shall be effective
earlier than one year after the date the rule is filed in final
form pursuant to Chapter 119. of the Revised Code.
(E) Not later than forty-five days prior to the state board's
adoption of a resolution directing the department of education to
file the rules prescribed by division (D) of this section in final
form under section 119.04 of the Revised Code, the superintendent
of public instruction shall present the assessment system
developed under this section to the respective committees of the
house of representatives and senate that consider education
legislation.
Sec. 3301.0714. (A) The state board of education shall adopt
rules for a statewide education management information system. The
rules shall require the state board to establish guidelines for
the establishment and maintenance of the system in accordance with
this section and the rules adopted under this section. The
guidelines shall include:
(1) Standards identifying and defining the types of data in
the system in accordance with divisions (B) and (C) of this
section;
(2) Procedures for annually collecting and reporting the data
to the state board in accordance with division (D) of this
section;
(3) Procedures for annually compiling the data in accordance
with division (G) of this section;
(4) Procedures for annually reporting the data to the public
in accordance with division (H) of this section.
(B) The guidelines adopted under this section shall require
the data maintained in the education management information system
to include at least the following:
(1) Student participation and performance data, for each
grade in each school district as a whole and for each grade in
each school building in each school district, that includes:
(a) The numbers of students receiving each category of
instructional service offered by the school district, such as
regular education instruction, vocational education instruction,
specialized instruction programs or enrichment instruction that is
part of the educational curriculum, instruction for gifted
students, instruction for students with disabilities, and remedial
instruction. The guidelines shall require instructional services
under this division to be divided into discrete categories if an
instructional service is limited to a specific subject, a specific
type of student, or both, such as regular instructional services
in mathematics, remedial reading instructional services,
instructional services specifically for students gifted in
mathematics or some other subject area, or instructional services
for students with a specific type of disability. The categories of
instructional services required by the guidelines under this
division shall be the same as the categories of instructional
services used in determining cost units pursuant to division
(C)(3) of this section.
(b) The numbers of students receiving support or
extracurricular services for each of the support services or
extracurricular programs offered by the school district, such as
counseling services, health services, and extracurricular sports
and fine arts programs. The categories of services required by the
guidelines under this division shall be the same as the categories
of services used in determining cost units pursuant to division
(C)(4)(a) of this section.
(c) Average student grades in each subject in grades nine
through twelve;
(d) Academic achievement levels as assessed under sections
3301.0710, 3301.0711, and 3301.0712 of the Revised Code;
(e) The number of students designated as having a disabling
condition pursuant to division (C)(1) of section 3301.0711 of the
Revised Code;
(f) The numbers of students reported to the state board
pursuant to division (C)(2) of section 3301.0711 of the Revised
Code;
(g) Attendance rates and the average daily attendance for the
year. For purposes of this division, a student shall be counted as
present for any field trip that is approved by the school
administration.
(k) Rates of retention in grade;
(l) For pupils in grades nine through twelve, the average
number of carnegie units, as calculated in accordance with state
board of education rules;
(m) Graduation rates, to be calculated in a manner specified
by the department of education that reflects the rate at which
students who were in the ninth grade three years prior to the
current year complete school and that is consistent with
nationally accepted reporting requirements;
(n) Results of diagnostic assessments administered to
kindergarten students as required under section 3301.0715 of the
Revised Code to permit a comparison of the academic readiness of
kindergarten students. However, no district shall be required to
report to the department the results of any diagnostic assessment
administered to a kindergarten student if the parent of that
student requests the district not to report those results.
(2) Personnel and classroom enrollment data for each school
district, including:
(a) The total numbers of licensed employees and nonlicensed
employees and the numbers of full-time equivalent licensed
employees and nonlicensed employees providing each category of
instructional service, instructional support service, and
administrative support service used pursuant to division (C)(3) of
this section. The guidelines adopted under this section shall
require these categories of data to be maintained for the school
district as a whole and, wherever applicable, for each grade in
the school district as a whole, for each school building as a
whole, and for each grade in each school building.
(b) The total number of employees and the number of full-time
equivalent employees providing each category of service used
pursuant to divisions (C)(4)(a) and (b) of this section, and the
total numbers of licensed employees and nonlicensed employees and
the numbers of full-time equivalent licensed employees and
nonlicensed employees providing each category used pursuant to
division (C)(4)(c) of this section. The guidelines adopted under
this section shall require these categories of data to be
maintained for the school district as a whole and, wherever
applicable, for each grade in the school district as a whole, for
each school building as a whole, and for each grade in each school
building.
(c) The total number of regular classroom teachers teaching
classes of regular education and the average number of pupils
enrolled in each such class, in each of grades kindergarten
through five in the district as a whole and in each school
building in the school district.
(d) The number of lead teachers employed by each school
district and each school building.
(3)(a) Student demographic data for each school district,
including information regarding the gender ratio of the school
district's pupils, the racial make-up of the school district's
pupils, the number of limited English proficient students in the
district, and an appropriate measure of the number of the school
district's pupils who reside in economically disadvantaged
households. The demographic data shall be collected in a manner to
allow correlation with data collected under division (B)(1) of
this section. Categories for data collected pursuant to division
(B)(3) of this section shall conform, where appropriate, to
standard practices of agencies of the federal government.
(b) With respect to each student entering kindergarten,
whether the student previously participated in a public preschool
program, a private preschool program, or a head start program, and
the number of years the student participated in each of these
programs.
(4) Any data required to be collected pursuant to federal
law.
(C) The education management information system shall include
cost accounting data for each district as a whole and for each
school building in each school district. The guidelines adopted
under this section shall require the cost data for each school
district to be maintained in a system of mutually exclusive cost
units and shall require all of the costs of each school district
to be divided among the cost units. The guidelines shall require
the system of mutually exclusive cost units to include at least
the following:
(1) Administrative costs for the school district as a whole.
The guidelines shall require the cost units under this division
(C)(1) to be designed so that each of them may be compiled and
reported in terms of average expenditure per pupil in formula ADM
in the school district, as determined pursuant to section 3317.03
of the Revised Code.
(2) Administrative costs for each school building in the
school district. The guidelines shall require the cost units under
this division (C)(2) to be designed so that each of them may be
compiled and reported in terms of average expenditure per
full-time equivalent pupil receiving instructional or support
services in each building.
(3) Instructional services costs for each category of
instructional service provided directly to students and required
by guidelines adopted pursuant to division (B)(1)(a) of this
section. The guidelines shall require the cost units under
division (C)(3) of this section to be designed so that each of
them may be compiled and reported in terms of average expenditure
per pupil receiving the service in the school district as a whole
and average expenditure per pupil receiving the service in each
building in the school district and in terms of a total cost for
each category of service and, as a breakdown of the total cost, a
cost for each of the following components:
(a) The cost of each instructional services category required
by guidelines adopted under division (B)(1)(a) of this section
that is provided directly to students by a classroom teacher;
(b) The cost of the instructional support services, such as
services provided by a speech-language pathologist, classroom
aide, multimedia aide, or librarian, provided directly to students
in conjunction with each instructional services category;
(c) The cost of the administrative support services related
to each instructional services category, such as the cost of
personnel that develop the curriculum for the instructional
services category and the cost of personnel supervising or
coordinating the delivery of the instructional services category.
(4) Support or extracurricular services costs for each
category of service directly provided to students and required by
guidelines adopted pursuant to division (B)(1)(b) of this section.
The guidelines shall require the cost units under division (C)(4)
of this section to be designed so that each of them may be
compiled and reported in terms of average expenditure per pupil
receiving the service in the school district as a whole and
average expenditure per pupil receiving the service in each
building in the school district and in terms of a total cost for
each category of service and, as a breakdown of the total cost, a
cost for each of the following components:
(a) The cost of each support or extracurricular services
category required by guidelines adopted under division (B)(1)(b)
of this section that is provided directly to students by a
licensed employee, such as services provided by a guidance
counselor or any services provided by a licensed employee under a
supplemental contract;
(b) The cost of each such services category provided directly
to students by a nonlicensed employee, such as janitorial
services, cafeteria services, or services of a sports trainer;
(c) The cost of the administrative services related to each
services category in division (C)(4)(a) or (b) of this section,
such as the cost of any licensed or nonlicensed employees that
develop, supervise, coordinate, or otherwise are involved in
administering or aiding the delivery of each services category.
(D)(1) The guidelines adopted under this section shall
require school districts to collect information about individual
students, staff members, or both in connection with any data
required by division (B) or (C) of this section or other reporting
requirements established in the Revised Code. The guidelines may
also require school districts to report information about
individual staff members in connection with any data required by
division (B) or (C) of this section or other reporting
requirements established in the Revised Code. The guidelines shall
not authorize school districts to request social security numbers
of individual students. The guidelines shall prohibit the
reporting under this section of a student's name, address, and
social security number to the state board of education or the
department of education. The guidelines shall also prohibit the
reporting under this section of any personally identifiable
information about any student, except for the purpose of assigning
the data verification code required by division (D)(2) of this
section, to any other person unless such person is employed by the
school district or the information technology center operated
under section 3301.075 of the Revised Code and is authorized by
the district or technology center to have access to such
information or is employed by an entity with which the department
contracts for the scoring of assessments administered under
section 3301.0711 of the Revised Code. The guidelines may require
school districts to provide the social security numbers of
individual staff members.
(2)(a) The guidelines shall provide for each school district
or community school to assign a data verification code that is
unique on a statewide basis over time to each student whose
initial Ohio enrollment is in that district or school and to
report all required individual student data for that student
utilizing such code. The guidelines shall also provide for
assigning data verification codes to all students enrolled in
districts or community schools on the effective date of the
guidelines established under this section. The assignment of data
verification codes for other entities, as described in division
(D)(2)(c) of this section, the use of those codes, and the
reporting and use of associated individual student data shall be
coordinated by the department in accordance with state and federal
law.
Individual School districts shall report individual student
data shall be reported to the department through the information
technology centers utilizing the code but, except. The entities
described in division (D)(2)(c) of this section shall report
individual student data to the department in the manner prescribed
by the department.
Except
as provided in sections 3301.941, 3310.11, 3310.42,
3310.63, 3313.978,
3310.63, and 3317.20 of the Revised Code, at
no time shall the state board or the department have access to
information that would enable any data verification code to be
matched to personally identifiable student data.
(b) Each school district and community school shall ensure
that the data verification code is included in the student's
records reported to any subsequent school district, community
school, or state institution of higher education, as defined in
section 3345.011 of the Revised Code, in which the student
enrolls. Any such subsequent district or school shall utilize the
same identifier in its reporting of data under this section.
(c) The director of any state agency that administers a
publicly funded program providing services to children who are
younger than compulsory school age, as defined in section 3321.01
of the Revised Code, including the directors of health, job and
family services, mental health, and developmental disabilities,
shall request and receive, pursuant to sections 3301.0723 and
3701.62 of the Revised Code, a data verification code for a child
who is receiving those services under division (A)(2) of section
3701.61 of the Revised Code.
(E) The guidelines adopted under this section may require
school districts to collect and report data, information, or
reports other than that described in divisions (A), (B), and (C)
of this section for the purpose of complying with other reporting
requirements established in the Revised Code. The other data,
information, or reports may be maintained in the education
management information system but are not required to be compiled
as part of the profile formats required under division (G) of this
section or the annual statewide report required under division (H)
of this section.
(F) Beginning with the school year that begins July 1, 1991,
the board of education of each school district shall annually
collect and report to the state board, in accordance with the
guidelines established by the board, the data required pursuant to
this section. A school district may collect and report these data
notwithstanding section 2151.357 or 3319.321 of the Revised Code.
(G) The state board shall, in accordance with the procedures
it adopts, annually compile the data reported by each school
district pursuant to division (D) of this section. The state board
shall design formats for profiling each school district as a whole
and each school building within each district and shall compile
the data in accordance with these formats. These profile formats
shall:
(1) Include all of the data gathered under this section in a
manner that facilitates comparison among school districts and
among school buildings within each school district;
(2) Present the data on academic achievement levels as
assessed by the testing of student achievement maintained pursuant
to division (B)(1)(d) of this section.
(H)(1) The state board shall, in accordance with the
procedures it adopts, annually prepare a statewide report for all
school districts and the general public that includes the profile
of each of the school districts developed pursuant to division (G)
of this section. Copies of the report shall be sent to each school
district.
(2) The state board shall, in accordance with the procedures
it adopts, annually prepare an individual report for each school
district and the general public that includes the profiles of each
of the school buildings in that school district developed pursuant
to division (G) of this section. Copies of the report shall be
sent to the superintendent of the district and to each member of
the district board of education.
(3) Copies of the reports received from the state board under
divisions (H)(1) and (2) of this section shall be made available
to the general public at each school district's offices. Each
district board of education shall make copies of each report
available to any person upon request and payment of a reasonable
fee for the cost of reproducing the report. The board shall
annually publish in a newspaper of general circulation in the
school district, at least twice during the two weeks prior to the
week in which the reports will first be available, a notice
containing the address where the reports are available and the
date on which the reports will be available.
(I) Any data that is collected or maintained pursuant to this
section and that identifies an individual pupil is not a public
record for the purposes of section 149.43 of the Revised Code.
(J) As used in this section:
(1) "School district" means any city, local, exempted
village, or joint vocational school district and, in accordance
with section 3314.17 of the Revised Code, any community school. As
used in division (L) of this section, "school district" also
includes any educational service center or other educational
entity required to submit data using the system established under
this section.
(2) "Cost" means any expenditure for operating expenses made
by a school district excluding any expenditures for debt
retirement except for payments made to any commercial lending
institution for any loan approved pursuant to section 3313.483 of
the Revised Code.
(K) Any person who removes data from the information system
established under this section for the purpose of releasing it to
any person not entitled under law to have access to such
information is subject to section 2913.42 of the Revised Code
prohibiting tampering with data.
(L)(1) In accordance with division (L)(2) of this section and
the rules adopted under division (L)(10) of this section, the
department of education may sanction any school district that
reports incomplete or inaccurate data, reports data that does not
conform to data requirements and descriptions published by the
department, fails to report data in a timely manner, or otherwise
does not make a good faith effort to report data as required by
this section.
(2) If the department decides to sanction a school district
under this division, the department shall take the following
sequential actions:
(a) Notify the district in writing that the department has
determined that data has not been reported as required under this
section and require the district to review its data submission and
submit corrected data by a deadline established by the department.
The department also may require the district to develop a
corrective action plan, which shall include provisions for the
district to provide mandatory staff training on data reporting
procedures.
(b) Withhold up to ten per cent of the total amount of state
funds due to the district for the current fiscal year and, if not
previously required under division (L)(2)(a) of this section,
require the district to develop a corrective action plan in
accordance with that division;
(c) Withhold an additional amount of up to twenty per cent of
the total amount of state funds due to the district for the
current fiscal year;
(d) Direct department staff or an outside entity to
investigate the district's data reporting practices and make
recommendations for subsequent actions. The recommendations may
include one or more of the following actions:
(i) Arrange for an audit of the district's data reporting
practices by department staff or an outside entity;
(ii) Conduct a site visit and evaluation of the district;
(iii) Withhold an additional amount of up to thirty per cent
of the total amount of state funds due to the district for the
current fiscal year;
(iv) Continue monitoring the district's data reporting;
(v) Assign department staff to supervise the district's data
management system;
(vi) Conduct an investigation to determine whether to suspend
or revoke the license of any district employee in accordance with
division (N) of this section;
(vii) If the district is issued a report card under section
3302.03 of the Revised Code, indicate on the report card that the
district has been sanctioned for failing to report data as
required by this section;
(viii) If the district is issued a report card under section
3302.03 of the Revised Code and incomplete or inaccurate data
submitted by the district likely caused the district to receive a
higher performance rating than it deserved under that section,
issue a revised report card for the district;
(ix) Any other action designed to correct the district's data
reporting problems.
(3) Any time the department takes an action against a school
district under division (L)(2) of this section, the department
shall make a report of the circumstances that prompted the action.
The department shall send a copy of the report to the district
superintendent or chief administrator and maintain a copy of the
report in its files.
(4) If any action taken under division (L)(2) of this section
resolves a school district's data reporting problems to the
department's satisfaction, the department shall not take any
further actions described by that division. If the department
withheld funds from the district under that division, the
department may release those funds to the district, except that if
the department withheld funding under division (L)(2)(c) of this
section, the department shall not release the funds withheld under
division (L)(2)(b) of this section and, if the department withheld
funding under division (L)(2)(d) of this section, the department
shall not release the funds withheld under division (L)(2)(b) or
(c) of this section.
(5) Notwithstanding anything in this section to the contrary,
the department may use its own staff or an outside entity to
conduct an audit of a school district's data reporting practices
any time the department has reason to believe the district has not
made a good faith effort to report data as required by this
section. If any audit conducted by an outside entity under
division (L)(2)(d)(i) or (5) of this section confirms that a
district has not made a good faith effort to report data as
required by this section, the district shall reimburse the
department for the full cost of the audit. The department may
withhold state funds due to the district for this purpose.
(6) Prior to issuing a revised report card for a school
district under division (L)(2)(d)(viii) of this section, the
department may hold a hearing to provide the district with an
opportunity to demonstrate that it made a good faith effort to
report data as required by this section. The hearing shall be
conducted by a referee appointed by the department. Based on the
information provided in the hearing, the referee shall recommend
whether the department should issue a revised report card for the
district. If the referee affirms the department's contention that
the district did not make a good faith effort to report data as
required by this section, the district shall bear the full cost of
conducting the hearing and of issuing any revised report card.
(7) If the department determines that any inaccurate data
reported under this section caused a school district to receive
excess state funds in any fiscal year, the district shall
reimburse the department an amount equal to the excess funds, in
accordance with a payment schedule determined by the department.
The department may withhold state funds due to the district for
this purpose.
(8) Any school district that has funds withheld under
division (L)(2) of this section may appeal the withholding in
accordance with Chapter 119. of the Revised Code.
(9) In all cases of a disagreement between the department and
a school district regarding the appropriateness of an action taken
under division (L)(2) of this section, the burden of proof shall
be on the district to demonstrate that it made a good faith effort
to report data as required by this section.
(10) The state board of education shall adopt rules under
Chapter 119. of the Revised Code to implement division (L) of this
section.
(M) No information technology center or school district shall
acquire, change, or update its student administration software
package to manage and report data required to be reported to the
department unless it converts to a student software package that
is certified by the department.
(N) The state board of education, in accordance with sections
3319.31 and 3319.311 of the Revised Code, may suspend or revoke a
license as defined under division (A) of section 3319.31 of the
Revised Code that has been issued to any school district employee
found to have willfully reported erroneous, inaccurate, or
incomplete data to the education management information system.
(O) No person shall release or maintain any information about
any student in violation of this section. Whoever violates this
division is guilty of a misdemeanor of the fourth degree.
(P) The department shall disaggregate the data collected
under division (B)(1)(n) of this section according to the race and
socioeconomic status of the students assessed. No data collected
under that division shall be included on the report cards required
by section 3302.03 of the Revised Code.
(Q) If the department cannot compile any of the information
required by division (C)(5) of section 3302.03 of the Revised Code
based upon the data collected under this section, the department
shall develop a plan and a reasonable timeline for the collection
of any data necessary to comply with that division.
Sec. 3301.0715. (A) Except as provided in division (E) of
this section otherwise required under division (B)(1) of section
3313.608 of the Revised Code, the board of education of each city,
local, and exempted village school district shall administer each
applicable diagnostic assessment developed and provided to the
district in accordance with section 3301.079 of the Revised Code
to the following:
(1) Each student enrolled in a building that has failed to
make adequate yearly progress for two or more consecutive school
years;
(2) Any student who transfers into the district or to a
different school within the district if each applicable diagnostic
assessment was not administered by the district or school the
student previously attended in the current school year, within
thirty days after the date of transfer. If the district or school
into which the student transfers cannot determine whether the
student has taken any applicable diagnostic assessment in the
current school year, the district or school may administer the
diagnostic assessment to the student.
(3) Each kindergarten student, not earlier than four weeks
prior to the first day of school and not later than the first day
of October. For the purpose of division (A)(3) of this section,
the district shall administer the kindergarten readiness
assessment provided by the department of education. In no case
shall the results of the readiness assessment be used to prohibit
a student from enrolling in kindergarten.
(4) Each student enrolled in first or second grade.
(B) Each district board shall administer each diagnostic
assessment as the board deems appropriate, provided the
administration complies with section 3313.608 of the Revised Code.
However, the board shall administer any diagnostic assessment at
least once annually to all students in the appropriate grade
level. A district board may administer any diagnostic assessment
in the fall and spring of a school year to measure the amount of
academic growth attributable to the instruction received by
students during that school year.
(C) Each district board shall utilize and score any
diagnostic assessment administered under division (A) of this
section in accordance with rules established by the department.
Except as required by division (B)(1)(n) of section 3301.0714 of
the Revised Code, neither the state board of education nor the
department shall require school districts to report the results of
diagnostic assessments for any students to the department or to
make any such results available in any form to the public. After
the administration of any diagnostic assessment, each district
shall provide a student's completed diagnostic assessment, the
results of such assessment, and any other accompanying documents
used during the administration of the assessment to the parent of
that student upon the parent's request, and shall include all such
documents and information in any plan developed for the student
under division (C) of section 3313.608 of the Revised Code. Each
district shall submit to the department, in the manner the
department prescribes, the results of the diagnostic assessments
administered under this section, regardless of the type of
assessment used under section 3313.608 of the Revised Code. The
department may issue reports with respect to the data collected.
(D) Each district board shall provide intervention services
to students whose diagnostic assessments show that they are
failing to make satisfactory progress toward attaining the
academic standards for their grade level.
(E) Any district that made adequate yearly progress in the
immediately preceding school year may assess student progress in
grades one through three using a diagnostic assessment other than
the diagnostic assessment required by division (A) of this
section.
(F) A district board may administer the third grade English
language arts diagnostic assessment provided to the district in
accordance with section 3301.079 of the Revised Code to any
student enrolled in a building that is not subject to division
(A)(1) of this section. Any district electing to administer the
diagnostic assessment to students under this division shall
provide intervention services to any such student whose diagnostic
assessment shows unsatisfactory progress toward attaining the
academic standards for the student's grade level.
(G) As used in this section, "adequate yearly progress" has
the same meaning as in section 3302.01 of the Revised Code.
Sec. 3301.0723. (A) The independent contractor engaged by
the department of education to create and maintain for school
districts and community schools the student data verification
codes required by division (D)(2) of section 3301.0714 of the
Revised Code shall, upon request of the director of any state
agency that administers a publicly funded program providing
services to children who are younger than compulsory school age,
as defined in section 3321.01 of the Revised Code, including the
directors of health under section 3701.62 of the Revised Code, job
and family services, mental health, and developmental
disabilities, shall assign a data verification code to a child who
is receiving such services under division (A)(2) of section
3701.61 of the Revised Code. The contractor and shall provide that
code to the director, who shall submit it, as specified in section
3701.62 of the Revised Code, to the public school in which the
child will be enrolled for special education and related services
under Chapter 3323. of the Revised Code. The contractor also shall
provide that code to the department of education.
(B) The director of a state agency that receives a child's
data verification code under division (A) of this section shall
use that code to submit information for that child to the
department of education in accordance with section 3301.0714 of
the Revised Code.
(C) A public school that receives a from the independent
contractor the data verification code for a child from the
director of health assigned under division (A) of this section
shall not request or assign to that child another data
verification code under division (D)(2) of section 3301.0714 of
the Revised Code. That school and any other public school in which
the child subsequently enrolls shall use the data verification
code provided by the director assigned under division (A) of this
section to report data relative to that student that is required
under section 3301.0714 of the Revised Code.
Sec. 3301.52. As used in sections 3301.52 to 3301.59 of the
Revised Code:
(A) "Preschool program" means either of the following:
(1) A child care program for preschool children that is
operated by a school district board of education or an eligible
nonpublic school.
(2) A child care program for preschool children age three or
older that is operated by a county DD board.
(B) "Preschool child" or "child" means a child who has not
entered kindergarten and is not of compulsory school age.
(C) "Parent, guardian, or custodian" means the person or
government agency that is or will be responsible for a child's
school attendance under section 3321.01 of the Revised Code.
(D) "Superintendent" means the superintendent of a school
district or the chief administrative officer of an eligible
nonpublic school.
(E) "Director" means the director, head teacher, elementary
principal, or site administrator who is the individual on site and
responsible for supervision of a preschool program.
(F) "Preschool staff member" means a preschool employee whose
primary responsibility is care, teaching, or supervision of
preschool children.
(G) "Nonteaching employee" means a preschool program or
school child program employee whose primary responsibilities are
duties other than care, teaching, and supervision of preschool
children or school children.
(H) "Eligible nonpublic school" means a nonpublic school
chartered as described in division (B)(8) of section 5104.02 of
the Revised Code or chartered by the state board of education for
any combination of grades one through twelve, regardless of
whether it also offers kindergarten.
(I) "County DD board" means a county board of developmental
disabilities.
(J) "School child program" means a child care program for
only school children that is operated by a school district board
of education, county DD board, or eligible nonpublic school.
(K) "School child" and "child care" have the same meanings as
in section 5104.01 of the Revised Code means a child who is
enrolled in or is eligible to be enrolled in a grade of
kindergarten or above but is less than fifteen years old.
(L) "School child program staff member" means an employee
whose primary responsibility is the care, teaching, or supervision
of children in a school child program.
(M) "Child care" means administering to the needs of infants,
toddlers, preschool children, and school children outside of
school hours by persons other than their parents or guardians,
custodians, or relatives by blood, marriage, or adoption for any
part of the twenty-four-hour day in a place or residence other
than a child's own home.
(N) "Child day-care center," "publicly funded child care,"
and "school-age child care center" have the same meanings as in
section 5104.01 of the Revised Code.
Sec. 3301.53. (A) The state board of education, in
consultation with the director of job and family services, shall
formulate and prescribe by rule adopted under Chapter 119. of the
Revised Code minimum standards to be applied to preschool programs
operated by school district boards of education, county DD boards,
or eligible nonpublic schools. The rules shall include the
following:
(1) Standards ensuring that the preschool program is located
in a safe and convenient facility that accommodates the enrollment
of the program, is of the quality to support the growth and
development of the children according to the program objectives,
and meets the requirements of section 3301.55 of the Revised Code;
(2) Standards ensuring that supervision, discipline, and
programs will be administered according to established objectives
and procedures;
(3) Standards ensuring that preschool staff members and
nonteaching employees are recruited, employed, assigned,
evaluated, and provided inservice education without discrimination
on the basis of age, color, national origin, race, or sex; and
that preschool staff members and nonteaching employees are
assigned responsibilities in accordance with written position
descriptions commensurate with their training and experience;
(4) A requirement that boards of education intending to
establish a preschool program demonstrate a need for a preschool
program prior to establishing the program;
(5) Requirements that children participating in preschool
programs have been immunized to the extent considered appropriate
by the state board to prevent the spread of communicable disease;
(6) Requirements that the parents of preschool children
complete the emergency medical authorization form specified in
section 3313.712 of the Revised Code.
(B) The state board of education in consultation with the
director of job and family services shall ensure that the rules
adopted by the state board under sections 3301.52 to 3301.58 of
the Revised Code are consistent with and meet or exceed the
requirements of Chapter 5104. of the Revised Code with regard to
child day-care centers. The state board and the director of job
and family services shall review all such rules at least once
every five years.
(C) The state board of education, in consultation with the
director of job and family services, shall adopt rules for school
child programs that are consistent with and meet or exceed the
requirements of the rules adopted for
school school-age child
day-care care centers under Chapter 5104. of the Revised Code.
Sec. 3301.58. (A) The department of education is responsible
for the licensing of preschool programs and school child programs
and for the enforcement of sections 3301.52 to 3301.59 of the
Revised Code and of any rules adopted under those sections. No
school district board of education, county DD board, or eligible
nonpublic school shall operate, establish, manage, conduct, or
maintain a preschool program without a license issued under this
section. A school district board of education, county DD board, or
eligible nonpublic school may obtain a license under this section
for a school child program. The school district board of
education, county DD board, or eligible nonpublic school shall
post the current license for each preschool program and licensed
school child program it operates, establishes, manages, conducts,
or maintains in a conspicuous place in the preschool program or
licensed school child program that is accessible to parents,
custodians, or guardians and employees and staff members of the
program at all times when the program is in operation.
(B) Any school district board of education, county DD board,
or eligible nonpublic school that desires to operate, establish,
manage, conduct, or maintain a preschool program shall apply to
the department of education for a license on a form that the
department shall prescribe by rule. Any school district board of
education, county DD board, or eligible nonpublic school that
desires to obtain a license for a school child program shall apply
to the department for a license on a form that the department
shall prescribe by rule. The department shall provide at no charge
to each applicant for a license under this section a copy of the
requirements under sections 3301.52 to 3301.59 of the Revised Code
and any rules adopted under those sections. The department shall
mail application forms for the renewal of a license at least one
hundred twenty days prior to the date of the expiration of the
license, and the application for renewal of a license shall be
filed with the department at least sixty days before the date of
the expiration of the existing license. The department may
establish application fees by rule adopted under Chapter 119. of
the Revised Code, and all applicants for a license shall pay any
fee established by the department at the time of making an
application for a license. All fees collected pursuant to this
section shall be paid into the state treasury to the credit of the
general revenue fund.
(C) Upon the filing of an application for a license, the
department of education shall investigate and inspect the
preschool program or school child program to determine the license
capacity for each age category of children of the program and to
determine whether the program complies with sections 3301.52 to
3301.59 of the Revised Code and any rules adopted under those
sections. When, after investigation and inspection, the department
of education is satisfied that sections 3301.52 to 3301.59 of the
Revised Code and any rules adopted under those sections are
complied with by the applicant, the department of education shall
issue the program a provisional license as soon as practicable in
the form and manner prescribed by the rules of the department. The
provisional license shall be valid for six months one year from
the date of issuance unless revoked.
(D) The department of education shall investigate and inspect
a preschool program or school child program that has been issued a
provisional license at least once during operation under the
provisional license. If, after the investigation and inspection,
the department of education determines that the requirements of
sections 3301.52 to 3301.59 of the Revised Code and any rules
adopted under those sections are met by the provisional licensee,
the department of education shall issue the program a license that
is effective for two years from the date of the issuance of the
provisional license.
The license shall remain valid unless revoked
or the program ceases operations.
(E) Upon the filing of an application for the renewal of a
license by a preschool program or school child program, the The
department of education annually shall investigate and inspect the
each preschool program or school child program. If the department
of education determines that licensed under division (D) of this
section to determine if the requirements of sections 3301.52 to
3301.59 of the Revised Code and any rules adopted under those
sections are met by the applicant, the department of education
shall renew the license for two years from the date of the
expiration date of the previous license program, and shall notify
the program of the results.
(F) The license or provisional license shall state the name
of the school district board of education, county DD board, or
eligible nonpublic school that operates the preschool program or
school child program and the license capacity of the program. The
license shall include any other information required by section
5104.03 of the Revised Code for the license of a child day-care
center.
(G) The department of education may revoke the license of any
preschool program or school child program that is not in
compliance with the requirements of sections 3301.52 to 3301.59 of
the Revised Code and any rules adopted under those sections.
(H) If the department of education revokes a license or
refuses to renew a license to a program, the department shall not
issue a license to the program within two years from the date of
the revocation or refusal. All actions of the department with
respect to licensing preschool programs and school child programs
shall be in accordance with Chapter 119. of the Revised Code.
Sec. 3301.90. The governor shall create the early childhood
advisory council in accordance with 42 U.S.C. 9837b(b)(1) and
shall appoint one of its members to serve as chairperson of the
council. The council shall serve as the state advisory council on
early childhood education and care, as described in 42 U.S.C.
9837b(b)(1). In addition to the duties specified in 42 U.S.C.
9837b(b)(1), the council shall advise the state regarding the
creation and duties of the center for early childhood development
and shall promote family-centered programs and services that
acknowledge and support the social, emotional, cognitive,
intellectual, and physical development of children and the vital
role of families in ensuring the well-being and success of
children.
Sec. 3301.922. The department of education shall issue an
annual report on the compliance of participation by public and
chartered nonpublic schools with in the requirements option of
section sections 3313.674, 3314.15, and 3326.26 of the Revised
Code to screen students for body mass index and weight status
category. The department shall include in the report any data
regarding student health and wellness collected by the department
in conjunction with those requirements sections. The department
shall submit each report to the governor, the general assembly,
and the healthy choices for healthy children council.
Sec. 3301.941. As used in this section, "early childhood
program" means any publicly funded program providing services to
children younger than compulsory school age, as defined in section
3321.01 of the Revised Code.
Student level data records collected and maintained for
purposes of administering early childhood programs shall be
assigned a unique student data verification code in accordance
with division (D)(2) of section 3301.0714 of the Revised Code and
shall be included in the combined data repository authorized by
section 3301.94 of the Revised Code. The department may require
certain personally identifiable student data, including student
names, to be reported to the department for purposes of
administering early childhood programs but not be included in the
combined data repository. The department and each school or center
providing services through an early childhood program that
receives a student level data record, a data verification code, or
other personally identifiable information shall not release that
record, code, or other information to any person except as
provided by section 3319.321 of the Revised Code or the "Family
Educational Rights and Privacy Act of 1974," 88 Stat. 571, 20
U.S.C. 1232g. Any document relative to an early childhood program
that the department holds in its files that contains a student's
name, data verification code, or other personally identifiable
information shall not be a public record under section 149.43 of
the Revised Code.
Any state agency that administers an early childhood program
may use student data contained in the combined data repository to
conduct research and analysis designed to evaluate the
effectiveness of and investments in that program, in compliance
with the Family Educational Rights and Privacy Act and regulations
promulgated under that act.
Sec. 3302.03. (A) Annually the department of education shall
report for each school district and each school building in a
district all of the following:
(1) The extent to which the school district or building meets
each of the applicable performance indicators created by the state
board of education under section 3302.02 of the Revised Code and
the number of applicable performance indicators that have been
achieved;
(2) The performance index score of the school district or
building;
(3) Whether the school district or building has made adequate
yearly progress;
(4) Whether the school district or building is excellent,
effective, needs continuous improvement, is under an academic
watch, or is in a state of academic emergency.
(B) Except as otherwise provided in division (B)(6) of this
section:
(1) A school district or building shall be declared excellent
if it meets at least ninety-four per cent of the applicable state
performance indicators or has a performance index score
established by the department, except that if it does not make
adequate yearly progress for two or more of the same subgroups for
three or more consecutive years, it shall be declared effective.
(2) A school district or building shall be declared effective
if it meets at least seventy-five per cent but less than
ninety-four per cent of the applicable state performance
indicators or has a performance index score established by the
department, except that if it does not make adequate yearly
progress for two or more of the same subgroups for three or more
consecutive years, it shall be declared in need of continuous
improvement.
(3) A school district or building shall be declared to be in
need of continuous improvement if it fulfills one of the following
requirements:
(a) It makes adequate yearly progress, meets less than
seventy-five per cent of the applicable state performance
indicators, and has a performance index score established by the
department.
(b) It does not make adequate yearly progress and either
meets at least fifty per cent but less than seventy-five per cent
of the applicable state performance indicators or has a
performance index score established by the department.
(4) A school district or building shall be declared to be
under an academic watch if it does not make adequate yearly
progress and either meets at least thirty-one per cent but less
than fifty per cent of the applicable state performance indicators
or has a performance index score established by the department.
(5) A school district or building shall be declared to be in
a state of academic emergency if it does not make adequate yearly
progress, does not meet at least thirty-one per cent of the
applicable state performance indicators, and has a performance
index score established by the department.
(6) Division (B)(6) of this section does not apply to any
community school established under Chapter 3314. of the Revised
Code in which a majority of the students are enrolled in a dropout
prevention and recovery program.
A school district or building shall not be assigned a higher
performance rating than in need of continuous improvement if at
least ten per cent but not more than fifteen per cent of the
enrolled students do not take all achievement assessments
prescribed for their grade level under division (A)(1) or (B)(1)
of section 3301.0710 of the Revised Code from which they are not
excused pursuant to division (C)(1) or (3) of section 3301.0711 of
the Revised Code. A school district or building shall not be
assigned a higher performance rating than under an academic watch
if more than fifteen per cent but not more than twenty per cent of
the enrolled students do not take all achievement assessments
prescribed for their grade level under division (A)(1) or (B)(1)
of section 3301.0710 of the Revised Code from which they are not
excused pursuant to division (C)(1) or (3) of section 3301.0711 of
the Revised Code. A school district or building shall not be
assigned a higher performance rating than in a state of academic
emergency if more than twenty per cent of the enrolled students do
not take all achievement assessments prescribed for their grade
level under division (A)(1) or (B)(1) of section 3301.0710 of the
Revised Code from which they are not excused pursuant to division
(C)(1) or (3) of section 3301.0711 of the Revised Code.
(C)(1) The department shall issue annual report cards for
each school district, each building within each district, and for
the state as a whole reflecting performance on the indicators
created by the state board under section 3302.02 of the Revised
Code, the performance index score, and adequate yearly progress.
(2) The department shall include on the report card for each
district information pertaining to any change from the previous
year made by the school district or school buildings within the
district on any performance indicator.
(3) When reporting data on student performance, the
department shall disaggregate that data according to the following
categories:
(a) Performance of students by age group;
(b) Performance of students by race and ethnic group;
(c) Performance of students by gender;
(d) Performance of students grouped by those who have been
enrolled in a district or school for three or more years;
(e) Performance of students grouped by those who have been
enrolled in a district or school for more than one year and less
than three years;
(f) Performance of students grouped by those who have been
enrolled in a district or school for one year or less;
(g) Performance of students grouped by those who are
economically disadvantaged;
(h) Performance of students grouped by those who are enrolled
in a conversion community school established under Chapter 3314.
of the Revised Code;
(i) Performance of students grouped by those who are
classified as limited English proficient;
(j) Performance of students grouped by those who have
disabilities;
(k) Performance of students grouped by those who are
classified as migrants;
(l) Performance of students grouped by those who are
identified as gifted pursuant to Chapter 3324. of the Revised
Code.
The department may disaggregate data on student performance
according to other categories that the department determines are
appropriate. To the extent possible, the department shall
disaggregate data on student performance according to any
combinations of two or more of the categories listed in divisions
(C)(3)(a) to (l) of this section that it deems relevant.
In reporting data pursuant to division (C)(3) of this
section, the department shall not include in the report cards any
data statistical in nature that is statistically unreliable or
that could result in the identification of individual students.
For this purpose, the department shall not report student
performance data for any group identified in division (C)(3) of
this section that contains less than ten students.
(4) The department may include with the report cards any
additional education and fiscal performance data it deems
valuable.
(5) The department shall include on each report card a list
of additional information collected by the department that is
available regarding the district or building for which the report
card is issued. When available, such additional information shall
include student mobility data disaggregated by race and
socioeconomic status, college enrollment data, and the reports
prepared under section 3302.031 of the Revised Code.
The department shall maintain a site on the world wide web.
The report card shall include the address of the site and shall
specify that such additional information is available to the
public at that site. The department shall also provide a copy of
each item on the list to the superintendent of each school
district. The district superintendent shall provide a copy of any
item on the list to anyone who requests it.
(6)(a) This division does not apply to conversion community
schools that primarily enroll students between sixteen and
twenty-two years of age who dropped out of high school or are at
risk of dropping out of high school due to poor attendance,
disciplinary problems, or suspensions.
For any district that sponsors a conversion community school
under Chapter 3314. of the Revised Code, the department shall
combine data regarding the academic performance of students
enrolled in the community school with comparable data from the
schools of the district for the purpose of calculating the
performance of the district as a whole on the report card issued
for the district
under this section or section 3302.033 of the
Revised Code.
(b) Any district that leases a building to a community school
located in the district or that enters into an agreement with a
community school located in the district whereby the district and
the school endorse each other's programs may elect to have data
regarding the academic performance of students enrolled in the
community school combined with comparable data from the schools of
the district for the purpose of calculating the performance of the
district as a whole on the district report card. Any district that
so elects shall annually file a copy of the lease or agreement
with the department.
(7) The department shall include on each report card the
percentage of teachers in the district or building who are highly
qualified, as defined by the "No Child Left Behind Act of 2001,"
and a comparison of that percentage with the percentages of such
teachers in similar districts and buildings.
(8) The department shall include on the report card the
number of lead teachers employed by each district and each
building once the data is available from the education management
information system established under section 3301.0714 of the
Revised Code.
(D)(1) In calculating English language arts, mathematics,
social studies, or science assessment passage rates used to
determine school district or building performance under this
section, the department shall include all students taking an
assessment with accommodation or to whom an alternate assessment
is administered pursuant to division (C)(1) or (3) of section
3301.0711 of the Revised Code.
(2) In calculating performance index scores, rates of
achievement on the performance indicators established by the state
board under section 3302.02 of the Revised Code, and adequate
yearly progress for school districts and buildings under this
section, the department shall do all of the following:
(a) Include for each district or building only those students
who are included in the ADM certified for the first full school
week of October and are continuously enrolled in the district or
building through the time of the spring administration of any
assessment prescribed by division (A)(1) or (B)(1) of section
3301.0710 of the Revised Code that is administered to the
student's grade level;
(b) Include cumulative totals from both the fall and spring
administrations of the third grade English language arts
achievement assessment;
(c) Except as required by the "No Child Left Behind Act of
2001" for the calculation of adequate yearly progress, exclude for
each district or building any limited English proficient student
who has been enrolled in United States schools for less than one
full school year.
Sec. 3302.032. (A) Not later than December 31, 2011, the
state board of education shall establish a measure of the
following:
(1) Student success in meeting the benchmarks contained in
the physical education standards adopted under division (A)(3) of
section 3301.079 of the Revised Code;
(2) Compliance with the requirements for local wellness
policies prescribed by section 204 of the "Child Nutrition and WIC
Reauthorization Act of 2004," 42 U.S.C. 1751 note;
(3) Whether a school district or building is complying with
section has elected to administer the screenings authorized by
sections 3313.674, 3314.15, and 3326.26 of the Revised Code
instead of operating under a waiver from the requirements of that
section;
(4) Whether a school district or building is participating in
the physical activity pilot program administered under section
3313.6016 of the Revised Code.
(B) The measure shall be included on the school district and
building report cards issued under section 3302.03 of the Revised
Code, beginning with the report cards issued for the 2012-2013
school year, but it shall not be a factor in the performance
ratings issued under that section.
(C) The department of education may accept, receive, and
expend gifts, devises, or bequests of money for the purpose of
establishing the measure required by this section.
Sec. 3302.033. The state board of education, in consultation
with the chancellor of the Ohio board of regents, any office
within the office of the governor concerning workforce
development, the Ohio association of career and technical
education, the Ohio association of city career-technical schools,
and the Ohio association of career-technical superintendents,
shall approve a report card for joint vocational school districts
and for other career-technical planning districts that are not
joint vocational school districts. The state board shall submit
details of the approved report card to the governor, the speaker
of the house of representatives, the president of the senate, and
the chairpersons of the standing committees of the house of
representatives and the senate principally responsible for
education policy. The department of education annually shall issue
a report card for each joint vocational school district and
career-technical planning district, beginning with report cards
for the 2012-2013 school year to be published not later than
September 1, 2013.
As used in this section, "career-technical planning district"
means a school district or group of school districts designated by
the department as being responsible for the planning for and
provision of career-technical education services to students
within the district or group.
Sec. 3302.042. (A) This section shall operate as a pilot
project that applies to any school that has been ranked according
to performance index score under section 3302.21 of the Revised
Code in the lowest five per cent of all public school buildings
statewide for three or more consecutive school years and is
operated by the Columbus city school district. The pilot project
shall commence once the department of education establishes
implementation guidelines for the pilot project in consultation
with the Columbus city school district.
(B) Except as provided in division (D), (E), or (F) of this
section, if the parents or guardians of at least fifty per cent of
the students enrolled in a school to which this section applies,
or if the parents or guardians of at least fifty per cent of the
total number of students enrolled in that school and the schools
of lower grade levels whose students typically matriculate into
that school, by the thirty-first day of December of any school
year in which the school is subject to this section, sign and file
with the school district treasurer a petition requesting the
district board of education to implement one of the following
reforms in the school, and if the validity and sufficiency of the
petition is certified in accordance with division (C) of this
section, the board shall implement the requested reform in the
next school year:
(1) Reopen the school as a community school under Chapter
3314. of the Revised Code;
(2) Replace at least seventy per cent of the school's
personnel who are related to the school's poor academic
performance or, at the request of the petitioners, retain not more
than thirty per cent of the personnel;
(3) Contract with another school district or a nonprofit or
for-profit entity with a demonstrated record of effectiveness to
operate the school;
(4) Turn operation of the school over to the department;
(5) Any other major restructuring of the school that makes
fundamental reforms in the school's staffing or governance.
(C) Not later than thirty days after receipt of a petition
under division (B) of this section, the district treasurer shall
verify the validity and sufficiency of the signatures on the
petition and certify to the district board whether the petition
contains the necessary number of valid signatures to require the
board to implement the reform requested by the petitioners. If the
treasurer certifies to the district board that the petition does
not contain the necessary number of valid signatures, any person
who signed the petition may file an appeal with the county auditor
within ten days after the certification. Not later than thirty
days after the filing of an appeal, the county auditor shall
conduct an independent verification of the validity and
sufficiency of the signatures on the petition and certify to the
district board whether the petition contains the necessary number
of valid signatures to require the board to implement the
requested reform. If the treasurer or county auditor certifies
that the petition contains the necessary number of valid
signatures, the district board shall notify the superintendent of
public instruction and the state board of education of the
certification.
(D) The district board shall not implement the reform
requested by the petitioners in any of the following
circumstances:
(1) The district board has determined that the request is for
reasons other than improving student academic achievement or
student safety.
(2) The state superintendent has determined that
implementation of the requested reform would not comply with the
model of differentiated accountability described in section
3302.041 of the Revised Code.
(3) The petitioners have requested the district board to
implement the reform described in division (B)(4) of this section
and the department has not agreed to take over the school's
operation.
(4) When all of the following have occurred:
(a) After a public hearing on the matter, the district board
issued a written statement explaining the reasons that it is
unable to implement the requested reform and agreeing to implement
one of the other reforms described in division (B) of this
section.
(b) The district board submitted its written statement to the
state superintendent and the state board along with evidence
showing how the alternative reform the district board has agreed
to implement will enable the school to improve its academic
performance.
(c) Both the state superintendent and the state board have
approved implementation of the alternative reform.
(E) If the provisions of this section conflict in any way
with the requirements of federal law, federal law shall prevail
over the provisions of this section.
(F) If a school is restructured under this section, section
3302.10 or 3302.12 of the Revised Code, or federal law, the school
shall not be required to restructure again under state law for
three consecutive years after the implementation of that prior
restructuring.
(G) Beginning not later than six months after the first
petition under this section has been resolved, the department of
education shall annually evaluate the pilot program and submit a
report to the general assembly under section 101.68 of the Revised
Code. Such reports shall contain its recommendations to the
general assembly with respect to the continuation of the pilot
program, its expansion to other school districts, or the enactment
of further legislation establishing the program statewide under
permanent law.
Sec. 3302.12. (A) For Except as provided in divisions (C)
and (D) of this section, for any school building that is ranked
according to performance index score under section 3302.21 of the
Revised Code in the lowest five per cent of all public school
buildings statewide for three consecutive years and is declared to
be under an academic watch or in a state of academic emergency
under section 3302.03 of the Revised Code, the district board of
education shall do one of the following at the conclusion of the
school year in which the building first becomes subject to this
division:
(1) Close the school and direct the district superintendent
to reassign the students enrolled in the school to other school
buildings that demonstrate higher academic achievement;
(2) Contract with another school district or a nonprofit or
for-profit entity with a demonstrated record of effectiveness to
operate the school;
(3) Replace the principal and all teaching staff of the
school and, upon request from the new principal, exempt the school
from all requested policies and regulations of the board regarding
curriculum and instruction. The board also shall distribute
funding to the school in an amount that is at least equal to the
product of the per pupil amount of state and local revenues
received by the district multiplied by the student population of
the school.
(4) Reopen the school as a conversion community school under
Chapter 3314. of the Revised Code.
(B) If an action taken by the board under division (A) of
this section causes the district to no longer maintain all grades
kindergarten through twelve, as required by section 3311.29 of the
Revised Code, the board shall enter into a contract with another
school district pursuant to section 3327.04 of the Revised Code
for enrollment of students in the schools of that other district
to the extent necessary to comply with the requirement of section
3311.29 of the Revised Code. Notwithstanding any provision of the
Revised Code to the contrary, if the board enters into and
maintains a contract under section 3327.04 of the Revised Code,
the district shall not be considered to have failed to comply with
the requirement of section 3311.29 of the Revised Code. If,
however, the district board fails to or is unable to enter into or
maintain such a contract, the state board of education shall take
all necessary actions to dissolve the district as provided in
division (A) of section 3311.29 of the Revised Code.
(C) If a particular school is required to restructure under
this section and a petition with respect to that same school has
been filed and verified under divisions (B) and (C) of section
3302.042 of the Revised Code, the provisions of that section and
the petition filed and verified under it shall prevail over the
provisions of this section and the school shall be restructured
under that section. However, if division (D)(1), (2), or (3) of
section 3302.042 of the Revised Code also applies to the school,
the school shall be subject to restructuring under this section
and not section 3302.042 of the Revised Code.
If the provisions of this section conflict in any way with
the requirements of federal law, federal law shall prevail over
the provisions of this section.
(D) If a school is restructured under this section, section
3302.042 or 3302.10 of the Revised Code, or federal law, the
school shall not be required to restructure again under state law
for three consecutive years after the implementation of that prior
restructuring.
Sec. 3302.20. (A) The department of education shall develop
standards for determining, from the existing data reported in
accordance with sections 3301.0714 and 3314.17 of the Revised
Code, the amount of annual operating expenditures for classroom
instructional purposes and for nonclassroom purposes for each
city, exempted village, local, and joint vocational school
district, each community school established under Chapter 3314.
that is not an internet- or computer-based community school, each
internet- or computer-based community school, and each STEM school
established under Chapter 3326. of the Revised Code. Not later
than January 1, 2012, the The department shall present those
standards to the state board of education for consideration. In
developing the standards, the department shall adapt existing
standards used by professional organizations, research
organizations, and other state governments. The department also
shall align the expenditure categories required for reporting
under the standards with the categories that are required for
reporting to the United States department of education under
federal law.
The state board shall consider the proposed standards and
adopt a final set of standards not later than December 31, 2012.
School districts, community schools, and STEM schools shall begin
reporting data in accordance with the standards on July 1, 2012
2013.
(B)(1) The department shall categorize all city, exempted
village, and local school districts into not less than three nor
more than five groups based primarily on average daily student
enrollment as reported on the most recent report card issued for
each district under section 3302.03 of the Revised Code.
(2) The department shall categorize all joint vocational
school districts into not less than three nor more than five
groups based primarily on average daily membership as reported
under division (D) of section 3317.03 of the Revised Code rounded
to the nearest whole number.
(3) The department shall categorize all community schools
that are not internet- or computer-based community schools into
not less than three nor more than five groups based primarily on
average daily student enrollment as reported on the most recent
report card issued for each community school under sections
3302.03 and 3314.012 of the Revised Code.
(4) The department shall categorize all internet- or
computer-based community schools into a single category.
(5) The department shall categorize all STEM schools into a
single category.
(C) Using the standards adopted under division (A) of this
section and the data reported under sections 3301.0714 and 3314.17
of the Revised Code, the department shall compute, for fiscal
years 2008 through 2012, and annually for each fiscal year
thereafter, the following:
(1) The percentage of each district's, community school's, or
STEM school's total operating budget spent for classroom
instructional purposes;
(2) The statewide average percentage for all districts,
community schools, and STEM schools combined spent for classroom
instructional purposes;
(3) The average percentage for each of the categories of
districts and schools established under division (B) of this
section spent for classroom instructional purposes;
(4) The ranking of each district, community school, or STEM
school within its respective category established under division
(B) of this section according to the following:
(a) From highest to lowest percentage spent for classroom
instructional purposes;
(b) From lowest to highest percentage spent for
noninstructional purposes.
(D) In its display of rankings within each category under
division (C)(4) of this section, the department shall make the
following notations:
(1) Within each category of city, exempted village, and local
school districts, the department shall denote each district that
is:
(a) Among the twenty per cent of all city, exempted village,
and local school districts statewide with the lowest total
operating expenditures per pupil;
(b) Among the twenty per cent of all city, exempted village,
and local school districts statewide with the highest performance
index scores.
(2) Within each category of joint vocational school
districts, the department shall denote each district that is:
(a) Among the twenty per cent of all joint vocational school
districts statewide with the lowest total operating expenditures
per pupil;
(b) Among the twenty per cent of all joint vocational school
districts statewide with the highest performance measures required
for career-technical education under 20 U.S.C. 2323, as ranked
report card scores under division (A)(3) of section 3302.21
3302.033 of the Revised Code.
(3) Within each category of community schools that are not
internet- or computer-based community schools, the department
shall denote each school that is:
(a) Among the twenty per cent of all such community schools
statewide with the lowest total operating expenditures per pupil;
(b) Among the twenty per cent of all such community schools
statewide with the highest performance index scores.
(4) Within the category of internet- or computer-based
community schools, the department shall denote each school that
is:
(a) Among the twenty per cent of all such community schools
statewide with the lowest total operating expenditures per pupil;
(b) Among the twenty per cent of all such community schools
statewide with the highest performance index scores.
(5) Within the category of STEM schools, the department shall
denote each school that is:
(a) Among the twenty per cent of all STEM schools statewide
with the lowest total operating expenditures per pupil;
(b) Among the twenty per cent of all STEM schools statewide
with the highest performance index scores.
(E) The department shall post in a prominent location on its
web site the information prescribed by divisions (C) and (D) of
this section. The department also shall include on each
district's, community school's, and STEM school's annual report
card issued under section 3302.03 of the Revised Code the
respective information computed for the district or school under
divisions (C)(1) and (4) of this section, the statewide
information computed under division (C)(2) of this section, and
the information computed for the district's or school's category
under division (C)(3) of this section.
(F) As used in this section:
(1) "Internet- or computer-based community school" has the
same meaning as in section 3314.02 of the Revised Code.
(2) A school district's, community school's, or STEM school's
performance index score rank is its performance index score rank
as computed under section 3302.21 of the Revised Code.
Sec. 3302.21. (A) The department of education shall develop
a system to rank order all city, exempted village, and local, and
joint vocational school districts, community schools established
under Chapter 3314., and STEM schools established under Chapter
3326. of the Revised Code according to the following measures:
(1) Performance index score for each school district,
community school, and STEM school and for each separate building
of a district, community school, or STEM school. For districts,
schools, or buildings to which the performance index score does
not apply, the superintendent of public instruction shall develop
another measure of student academic performance and use that
measure to include those buildings in the ranking so that all
districts, schools, and buildings may be reliably compared to each
other.
(2) Student performance growth from year to year, using the
value-added progress dimension, if applicable, and other measures
of student performance growth designated by the superintendent of
public instruction for subjects and grades not covered by the
value-added progress dimension;
(3) Performance measures required for career-technical
education under 20 U.S.C. 2323, if applicable. If a school
district is a "VEPD" or "lead district" as those terms are defined
in section 3317.023 of the Revised Code, the district's ranking
shall be based on the performance of career-technical students
from that district and all other districts served by that
district, and such fact, including the identity of the other
districts served by that district, shall be noted on the report
required by division (B) of this section.
(4) Current operating expenditures per pupil as determined
under standards adopted by the state board of education under
section 3302.20 of the Revised Code;
(5)(4) Of total current operating expenditures, percentage
spent for classroom instruction as determined under standards
adopted by the state board of education under section 3302.20 of
the Revised Code;
(6)(5) Performance of, and opportunities provided to,
students identified as gifted using value-added progress
dimensions, if applicable, and other relevant measures as
designated by the superintendent of public instruction.
The department shall rank each district, community school,
and STEM school annually in accordance with the system developed
under this section.
(B) In addition to the reports required by sections 3302.03
and 3302.031 of the Revised Code, not later than the first day of
September each year, the department shall issue a report for each
city, exempted village, and local, and joint vocational school
district, each community school, and each STEM school indicating
the district's or school's rank on each measure described in
divisions (A)(1) to (5)(4) of this section, including each
separate building's rank among all public school buildings
according to performance index score under division (A)(1) of this
section.
Sec. 3302.25. (A) In accordance with standards prescribed by
the state board of education for categorization of school district
expenditures adopted under division (A) of section 3302.20 of the
Revised Code, the department of education annually shall determine
all of the following for the previous fiscal year:
(1) For each school district, the ratio of the district's
operating expenditures for classroom instructional purposes
compared to its operating expenditures for administrative
nonclassroom purposes;
(2) For each school district, the per pupil amount of the
district's expenditures for classroom instructional purposes;
(3) For each school district, the per pupil amount of the
district's operating expenditures for administrative nonclassroom
purposes;
(4) For each school district, the percentage of the
district's operating expenditures attributable to school district
funds;
(5) The statewide average among all school districts for each
of the items described in divisions (A)(1) to (4) of this section.
(B) The department annually shall submit a report to each
school district indicating the district's information for each of
the items described in divisions (A)(1) to (4) of this section and
the statewide averages described in division (A)(5) of this
section.
(C) Each school district, upon receipt of the report
prescribed by division (B) of this section, shall publish the
information contained in that report in a prominent location on
the district's web site and publish the report in another fashion
so that it is available to all parents of students enrolled in the
district and to taxpayers of the district.
Sec. 3302.41. As used in this section, "blended learning"
has the same meaning as in section 3301.079 of the Revised Code.
(A) Any local, city, exempted village, or joint vocational
school district, community school established under Chapter 3314.
of the Revised Code, STEM school established under Chapter 3326.
of the Revised Code, college-preparatory boarding school
established under Chapter 3328. of the Revised Code, or chartered
nonpublic school may operate all or part of a school using a
blended learning model. If a school is operated using a blended
learning model or is to cease operating using a blended learning
model, the superintendent of the school or district or director of
the school shall notify the department of education of that fact
not later than the first day of July of the school year for which
the change is effective. If any school district school, community
school, or STEM school is already operated using a blended
learning model on the effective date of this section, the
superintendent of the school or district may notify the department
within ninety days after the effective date of this section of
that fact and request that the school be classified as a blended
learning school.
(B) The state board of education shall revise any operating
standards for school districts and chartered nonpublic schools
adopted under section 3301.07 of the Revised Code to include
standards for the operation of blended learning under this
section. The blended learning operation standards shall provide
for all of the following:
(1) Student-to-teacher ratios whereby no school or classroom
is required to have more than one teacher for every one hundred
twenty-five students in blended learning classrooms;
(2) The extent to which the school is or is not obligated to
provide students with access to digital learning tools;
(3) The ability of all students, at any grade level, to earn
credits or advance grade levels upon demonstrating mastery of
knowledge or skills through competency-based learning models.
Credits or grade level advancement shall not be based on a minimum
number of days or hours in a classroom.
(4) An exemption from minimum school year or school day
requirements in sections 3313.48 and 3313.481 of the Revised Code;
(5) Adequate provisions for: the licensing of teachers,
administrators, and other professional personnel and their
assignment according to training and qualifications; efficient and
effective instructional materials and equipment, including library
facilities; the proper organization, administration, and
supervision of each school, including regulations for preparing
all necessary records and reports and the preparation of a
statement of policies and objectives for each school; buildings,
grounds, and health and sanitary facilities and services;
admission of pupils, and such requirements for their promotion
from grade to grade as will ensure that they are capable and
prepared for the level of study to which they are certified;
requirements for graduation; and such other factors as the board
finds necessary.
(C) An internet- or computer-based community school, as
defined in section 3314.02 of the Revised Code, is not a blended
learning school authorized under this section. Nor does this
section affect any provisions for the operation of and payments to
an internet- or computer-based community school prescribed in
Chapter 3314. of the Revised Code.
Sec. 3310.03. A student is an "eligible student" for
purposes of the educational choice scholarship pilot program if
the student's resident district is not a school district in which
the pilot project scholarship program is operating under sections
3313.974 to 3313.979 of the Revised Code and the student satisfies
one of the conditions in division (A) or, (B), or (C) of this
section:
(A)(1) The student is enrolled in a school building that is
operated by the student's resident district and to which both of
the following apply:
(a) The building was declared, in at least two of the three
most recent ratings of school buildings published prior to the
first day of July of the school year for which a scholarship is
sought, to be in a state of academic emergency or academic watch
under section 3302.03 of the Revised Code;
(b) The building was not declared to be excellent or
effective under that section in the most recent rating published
prior to the first day of July of the school year for which a
scholarship is sought.
(2) The student is eligible to enroll in kindergarten in the
school year for which a scholarship is sought and otherwise would
be assigned under section 3319.01 of the Revised Code to a school
building described in division (A)(1) of this section.
(3) The student is enrolled in a community school established
under Chapter 3314. of the Revised Code but otherwise would be
assigned under section 3319.01 of the Revised Code to a building
described in division (A)(1) of this section.
(4) The student is enrolled in a school building that is
operated by the student's resident district or in a community
school established under Chapter 3314. of the Revised Code and
otherwise would be assigned under section 3319.01 of the Revised
Code to a school building described in division (A)(1) of this
section in the school year for which the scholarship is sought.
(5) The student is eligible to enroll in kindergarten in the
school year for which a scholarship is sought, or is enrolled in a
community school established under Chapter 3314. of the Revised
Code, and all of the following apply to the student's resident
district:
(a) The district has in force an intradistrict open
enrollment policy under which no student in kindergarten or the
community school student's grade level, respectively, is
automatically assigned to a particular school building;
(b) In at least two of the three most recent ratings of
school districts published prior to the first day of July of the
school year for which a scholarship is sought, the district was
declared to be in a state of academic emergency under section
3302.03 of the Revised Code;
(c) The district was not declared to be excellent or
effective under that section in the most recent rating published
prior to the first day of July of the school year for which a
scholarship is sought.
(B)(1) The student is enrolled in a school building that is
operated by the student's resident district and to which both of
the following apply:
(a) The building was ranked, for at least two of the three
most recent rankings published under section 3302.21 of the
Revised Code prior to the first day of July of the school year for
which a scholarship is sought, in the lowest ten per cent of all
public school buildings according to performance index score under
section 3302.21 of the Revised Code.
(b) The building was not declared to be excellent or
effective under section 3302.03 of the Revised Code in the most
recent rating published prior to the first day of July of the
school year for which a scholarship is sought.
(2) The student is eligible to enroll in kindergarten in the
school year for which a scholarship is sought and otherwise would
be assigned under section 3319.01 of the Revised Code to a school
building described in division (B)(1) of this section.
(3) The student is enrolled in a community school established
under Chapter 3314. of the Revised Code but otherwise would be
assigned under section 3319.01 of the Revised Code to a building
described in division (B)(1) of this section.
(4) The student is enrolled in a school building that is
operated by the student's resident district or in a community
school established under Chapter 3314. of the Revised Code and
otherwise would be assigned under section 3319.01 of the Revised
Code to a school building described in division (B)(1) of this
section in the school year for which the scholarship is sought.
(C) The student is enrolled in a nonpublic school at the time
the school is granted a charter by the state board of education
under section 3301.16 of the Revised Code and the student meets
the standards of division (B) of section 3310.031 of the Revised
Code.
(D) A student who receives a scholarship under the
educational choice scholarship pilot program remains an eligible
student and may continue to receive scholarships in subsequent
school years until the student completes grade twelve, so long as
all of the following apply:
(1) The student's resident district remains the same, or the
student transfers to a new resident district and otherwise would
be assigned in the new resident district to a school building
described in division (A)(1) or (B)(1) of this section;
(2) The student takes each assessment prescribed for the
student's grade level under section 3301.0710 or 3301.0712 of the
Revised Code while enrolled in a chartered nonpublic school;
(3) In each school year that the student is enrolled in a
chartered nonpublic school, the student is absent from school for
not more than twenty days that the school is open for instruction,
not including excused absences.
(D)(E)(1) The department shall cease awarding first-time
scholarships pursuant to divisions (A)(1) to (4) of this section
with respect to a school building that, in the most recent ratings
of school buildings published under section 3302.03 of the Revised
Code prior to the first day of July of the school year, ceases to
meet the criteria in division (A)(1) of this section. The
department shall cease awarding first-time scholarships pursuant
to division (A)(5) of this section with respect to a school
district that, in the most recent ratings of school districts
published under section 3302.03 of the Revised Code prior to the
first day of July of the school year, ceases to meet the criteria
in division (A)(5) of this section.
(2) The department shall cease awarding first-time
scholarships pursuant to divisions (B)(1) to (4) of this section
with respect to a school building that, in the most recent ratings
of school buildings under section 3302.03 of the Revised Code
prior to the first day of July of the school year, ceases to meet
the criteria in division (B)(1) of this section.
(3) However, students who have received scholarships in the
prior school year remain eligible students pursuant to division
(C)(D) of this section.
(E)(F) The state board of education shall adopt rules
defining excused absences for purposes of division (C)(D)(3) of
this section.
Sec. 3310.031. (A) The state board of education shall adopt
rules under section 3310.17 of the Revised Code establishing
procedures for granting educational choice scholarships to
eligible students attending a nonpublic school at the time the
state board grants the school a charter under section 3301.16 of
the Revised Code. The procedures shall include at least the
following:
(1) Provisions for extending the application period for
scholarships for the following school year, if necessary due to
the timing of the award of the nonpublic school's charter, in
order for students enrolled in the school at the time the charter
is granted to apply for scholarships for the following school
year;
(2) Provisions for notifying the resident districts of the
nonpublic school's students that the nonpublic school has been
granted a charter and that educational choice scholarships may be
awarded to the school's students for the following school year.
(B) A student who is enrolled in a nonpublic school at the
time the school's charter is granted is an eligible student if any
of the following applies:
(1) At the end of the last school year before the student
enrolled in the nonpublic school, the student was enrolled in a
school building operated by the student's resident district or in
a community school established under Chapter 3314. of the Revised
Code and, for the current or following school year, the student
otherwise would be assigned under section 3319.01 of the Revised
Code to a school building described in division (A)(1) or (B)(1)
of section 3310.03 of the Revised Code.
(2) The student was not enrolled in any public or other
nonpublic school before the student enrolled in the nonpublic
school and, for the current or following school year, otherwise
would be assigned under section 3319.01 of the Revised Code to a
school building described in division (A)(1) or (B)(1) of section
3310.03 of the Revised Code.
(3) At the end of the last school year before the student
enrolled in the nonpublic school, the student was enrolled in a
school building operated by the student's resident district and,
during that school year, the building met the conditions described
in division (A)(1) or (B)(1) of section 3310.03 of the Revised
Code.
(4) At the end of the last school year before the student
enrolled in the nonpublic school, the student was enrolled in a
community school established under Chapter 3314. of the Revised
Code but otherwise would have been assigned under section 3319.01
of the Revised Code to a school building that, during that school
year, met the conditions described in division (A)(1) or (B)(1) of
section 3310.03 of the Revised Code.
Sec. 3310.08. (A) The amount paid for an eligible student
under the educational choice scholarship pilot program shall be
the lesser of the tuition of the chartered nonpublic school in
which the student is enrolled or the maximum amount prescribed in
section 3310.09 of the Revised Code.
(B)(1) The department of education shall pay to the parent of
each eligible student for whom a scholarship is awarded under the
program, or to the student if at least eighteen years of age,
periodic partial payments of the scholarship.
(2) The department shall proportionately reduce or terminate
the payments for any student who withdraws from a chartered
nonpublic school prior to the end of the school year.
(C)(1) The department shall deduct from the payments made to
each school district under Chapter 3317., and if necessary,
sections 321.24 and 323.156 of the Revised Code, the amount paid
under division (B) of this section for each eligible student
awarded a scholarship under the program who is entitled under
section 3313.64 or 3313.65 of the Revised Code to attend school in
the district.
In the case of a student entitled to attend school
in a school district under division (B)(2)(a) of section 3313.64
or division (C) of section 3313.65 of the Revised Code, the
department shall deduct the payments from the school district that
includes the student in its average daily membership as reported
to the department under section 3317.03 of the Revised Code, as
determined by the department.
(2) If the department reduces or terminates payments to a
parent or a student, as prescribed in division (B)(2) of this
section, and the student enrolls in the schools of the student's
resident district or in a community school, established under
Chapter 3314. of the Revised Code, before the end of the school
year, the department shall proportionally restore to the resident
district the amount deducted for that student under division
(C)(1) of this section.
Sec. 3310.15. (A) The department of education annually shall
compile the scores attained by scholarship students to whom an
assessment is administered under section 3310.14 of the Revised
Code. The scores shall be aggregated as follows:
(1) By state, which shall include all students awarded a
scholarship under the educational choice scholarship pilot program
and who were required to take an assessment under section 3310.14
of the Revised Code;
(2) By school district, which shall include all scholarship
students who were required to take an assessment under section
3310.14 of the Revised Code and for whom the district is the
student's resident district;
(3) By chartered nonpublic school, which shall include all
scholarship students enrolled in that school who were required to
take an assessment under section 3310.14 of the Revised Code.
(B) The department shall disaggregate the student performance
data described in division (A) of this section according to the
following categories:
(4) Students who have participated in the scholarship program
for three or more years;
(5) Students who have participated in the scholarship program
for more than one year and less than three years;
(6) Students who have participated in the scholarship program
for one year or less;
(7) Economically disadvantaged students.
(C) The department shall post the student performance data
required under divisions (A) and (B) of this section on its web
site and, by the first day of February each year, shall distribute
that data to the parent of each eligible student. In reporting
student performance data under this division, the department shall
not include any data that is statistically unreliable or that
could result in the identification of individual students. For
this purpose, the department shall not report performance data for
any group that contains less than ten students.
(D) The department shall provide the parent of each
scholarship student with information comparing the student's
performance on the assessments administered under section 3310.14
of the Revised Code with the average performance of similar
students enrolled in the building operated by the student's
resident district that the scholarship student would otherwise
attend. In calculating the performance of similar students, the
department shall consider age, grade, race and ethnicity, gender,
and socioeconomic status.
Sec. 3313.37. (A)(1) The board of education of any city,
local, or exempted village school district may build, enlarge,
repair, and furnish the necessary schoolhouses, purchase or lease
sites therefor, or rights-of-way thereto, or purchase or lease
real estate to be used as playgrounds for children or rent
suitable schoolrooms, either within or without the district, and
provide the necessary apparatus and make all other necessary
provisions for the schools under its control.
(2) A governing board of an educational service center may
acquire, lease or lease-purchase, or enter into a contract to
purchase, lease or lease-purchase, or sell real and personal
property and may construct, enlarge, repair, renovate, furnish, or
equip facilities, buildings, or structures for the educational
service center's purposes. The board may enter into loan
agreements, including mortgages, for the acquisition of such
property. If a governing board exercises any of these powers to
acquire office or classroom space, the board of county
commissioners has no obligation to provide and equip offices and
to provide heat, light, water, and janitorial services for the use
of the service center pursuant to section 3319.19 of the Revised
Code, unless there is a contract as provided by division (D) of
that section.
(3) A board of county commissioners may issue securities of
the county pursuant to Chapter 133. of the Revised Code for the
acquisition of real and personal property or for the construction,
enlargement, repair, or renovation of facilities, buildings, or
structures by an educational service center, but only if the
county has a contract under division (D) of section 3319.19 of the
Revised Code with the educational service center whereby the
educational service center agrees to pay the county an amount
equal to the debt charges on the issued securities on or before
the date those charges fall due. For the purposes of this section,
"debt charges" and "securities" have the same meanings as in
section 133.01 of the Revised Code.
(B)(1) Boards of education of city, local, and exempted
village school districts may acquire land by gift or devise, by
purchase, or by appropriation. Lands purchased may be purchased
for cash, by installment payments, with or without a mortgage, by
entering into lease-purchase agreements, or by lease with an
option to purchase, provided that if the purchase price is to be
paid over a period of time, such payments shall not extend for a
period of more than five years. A special tax levy may be
authorized by the voters of the school district in accordance with
section 5705.21 of the Revised Code to provide a special fund to
meet the future time payments.
(2) For the purposes of section 5705.21 of the Revised Code,
acquisition of land under the provisions of this division shall be
considered a necessary requirement of the school district.
(3) Boards of education of city, local, and exempted village
school districts may acquire federal land at a discount by a
lease-purchase agreement for use as a site for the construction of
educational facilities or for other related purposes. External
administrative and other costs pertaining to the acquisition of
federal land at a discount may be paid from funds available to the
school district for operating purposes. Such boards of education
may also acquire federal land by lease-purchase agreements, by
negotiation, or otherwise.
(4) As used in this division:
(a) "Office equipment" includes but is not limited to
typewriters, copying and duplicating equipment, and computer and
data processing equipment.
(b) "Software for instructional purposes" includes computer
programs usable for computer assisted instruction, computer
managed instruction, drill and practice, and problem simulations.
A board of education or governing board of an educational
service center may acquire the necessary office equipment, and
computer hardware and software for instructional purposes, for the
schools under its control by purchase, by lease, by installment
payments, by entering into lease-purchase agreements, or by lease
with an option to purchase. In the case of a city, exempted
village, or local school district, if the purchase price is to be
paid over a period of time, the contract setting forth the terms
of such purchase shall be considered a continuing contract
pursuant to section 5705.41 of the Revised Code. Payments shall
not extend for a period of more than five years. Costs relating to
the acquisition of necessary apparatus may be paid from funds
available to the school district or educational service center for
operating purposes.
(5) A board of education or governing board of an educational
service center may acquire the necessary equipment for the
maintenance or physical upkeep of facilities and land under its
control by entering into lease-purchase agreements. If payments
under the lease-purchase agreement are to be made over a period of
time, the agreement shall be considered a continuing contract
pursuant to section 5705.41 of the Revised Code, and such payments
shall not extend for a period of more than five years.
Sec. 3313.41. (A) Except as provided in divisions (C), (D),
(F), and (G) of this section, when a board of education decides to
dispose of real or personal property that it owns in its corporate
capacity and that exceeds in value ten thousand dollars, it shall
sell the property at public auction, after giving at least thirty
days' notice of the auction by publication in a newspaper of
general circulation in the school district, by publication as
provided in section 7.16 of the Revised Code, or by posting
notices in five of the most public places in the school district
in which the property, if it is real property, is situated, or, if
it is personal property, in the school district of the board of
education that owns the property. The board may offer real
property for sale as an entire tract or in parcels.
(B) When the board of education has offered real or personal
property for sale at public auction at least once pursuant to
division (A) of this section, and the property has not been sold,
the board may sell it at a private sale. Regardless of how it was
offered at public auction, at a private sale, the board shall, as
it considers best, sell real property as an entire tract or in
parcels, and personal property in a single lot or in several lots.
(C) If a board of education decides to dispose of real or
personal property that it owns in its corporate capacity and that
exceeds in value ten thousand dollars, it may sell the property to
the adjutant general; to any subdivision or taxing authority as
respectively defined in divisions (A) and (C) of section 5705.01
of the Revised Code, township park district, board of park
commissioners established under Chapter 755. of the Revised Code,
or park district established under Chapter 1545. of the Revised
Code; to a wholly or partially tax-supported university,
university branch, or college; to a nonprofit institution of
higher education that has a certificate of authorization under
Chapter 1713. of the Revised Code; to the governing authority of a
chartered nonpublic school; or to the board of trustees of a
school district library, upon such terms as are agreed upon. The
sale of real or personal property to the board of trustees of a
school district library is limited, in the case of real property,
to a school district library within whose boundaries the real
property is situated, or, in the case of personal property, to a
school district library whose boundaries lie in whole or in part
within the school district of the selling board of education.
(D) When a board of education decides to trade as a part or
an entire consideration, an item of personal property on the
purchase price of an item of similar personal property, it may
trade the same upon such terms as are agreed upon by the parties
to the trade.
(E) The president and the treasurer of the board of education
shall execute and deliver deeds or other necessary instruments of
conveyance to complete any sale or trade under this section.
(F) When a board of education has identified a parcel of real
property that it determines is needed for school purposes, the
board may, upon a majority vote of the members of the board,
acquire that property by exchanging real property that the board
owns in its corporate capacity for the identified real property or
by using real property that the board owns in its corporate
capacity as part or an entire consideration for the purchase price
of the identified real property. Any exchange or acquisition made
pursuant to this division shall be made by a conveyance executed
by the president and the treasurer of the board.
(G) When a school district board of education decides to
dispose of real property, prior to disposing of that property
under divisions (A) to (F) of this section, it shall first offer
that property for sale to the governing authorities of the
start-up community schools established under Chapter 3314. of the
Revised Code, and the board of trustees of any college-preparatory
boarding school established under Chapter 3328. of the Revised
Code, that are located within the territory of the school
district,. The district board shall offer the property at a price
that is not higher than the appraised fair market value of that
property as determined in an appraisal of the property that is not
more than one year old. If more than one community school
governing authority or college-preparatory boarding school board
of trustees accepts the offer made by the school district board,
the board shall sell the property to the governing authority or
board that accepted the offer first in time. If no community
school governing authority or college-preparatory boarding school
board of trustees accepts the offer within sixty days after the
offer is made by the school district board, the board may dispose
of the property in the applicable manner prescribed under
divisions (A) to (F) of this section.
(H) When a school district board of education has property
that the board, by resolution, finds is not needed for school
district use, is obsolete, or is unfit for the use for which it
was acquired, the board may donate that property in accordance
with this division if the fair market value of the property is, in
the opinion of the board, two thousand five hundred dollars or
less.
The property may be donated to an eligible nonprofit
organization that is located in this state and is exempt from
federal income taxation pursuant to 26 U.S.C. 501(a) and (c)(3).
Before donating any property under this division, the board shall
adopt a resolution expressing its intent to make unneeded,
obsolete, or unfit-for-use school district property available to
these organizations. The resolution shall include guidelines and
procedures the board considers to be necessary to implement the
donation program and shall indicate whether the school district
will conduct the donation program or the board will contract with
a representative to conduct it. If a representative is known when
the resolution is adopted, the resolution shall provide contact
information such as the representative's name, address, and
telephone number.
The resolution shall include within its procedures a
requirement that any nonprofit organization desiring to obtain
donated property under this division shall submit a written notice
to the board or its representative. The written notice shall
include evidence that the organization is a nonprofit organization
that is located in this state and is exempt from federal income
taxation pursuant to 26 U.S.C. 501(a) and (c)(3); a description of
the organization's primary purpose; a description of the type or
types of property the organization needs; and the name, address,
and telephone number of a person designated by the organization's
governing board to receive donated property and to serve as its
agent.
After adoption of the resolution, the board shall publish, in
a newspaper of general circulation in the school district or as
provided in section 7.16 of the Revised Code, notice of its intent
to donate unneeded, obsolete, or unfit-for-use school district
property to eligible nonprofit organizations. The notice shall
include a summary of the information provided in the resolution
and shall be published twice. The second notice shall be published
not less than ten nor more than twenty days after the previous
notice. A similar notice also shall be posted continually in the
board's office. If the school district maintains a web site on the
internet, the notice shall be posted continually at that web site.
The board or its representatives shall maintain a list of all
nonprofit organizations that notify the board or its
representative of their desire to obtain donated property under
this division and that the board or its representative determines
to be eligible, in accordance with the requirements set forth in
this section and in the donation program's guidelines and
procedures, to receive donated property.
The board or its representative also shall maintain a list of
all school district property the board finds to be unneeded,
obsolete, or unfit for use and to be available for donation under
this division. The list shall be posted continually in a
conspicuous location in the board's office, and, if the school
district maintains a web site on the internet, the list shall be
posted continually at that web site. An item of property on the
list shall be donated to the eligible nonprofit organization that
first declares to the board or its representative its desire to
obtain the item unless the board previously has established, by
resolution, a list of eligible nonprofit organizations that shall
be given priority with respect to the item's donation. Priority
may be given on the basis that the purposes of a nonprofit
organization have a direct relationship to specific school
district purposes of programs provided or administered by the
board. A resolution giving priority to certain nonprofit
organizations with respect to the donation of an item of property
shall specify the reasons why the organizations are given that
priority.
Members of the board shall consult with the Ohio ethics
commission, and comply with Chapters 102. and 2921. of the Revised
Code, with respect to any donation under this division to a
nonprofit organization of which a board member, any member of a
board member's family, or any business associate of a board member
is a trustee, officer, board member, or employee.
Sec. 3313.411. (A) As used in this section, "unused:
(1) "College-preparatory boarding school" means a
college-preparatory boarding school established under Chapter
3328. of the Revised Code.
(2) "Community school" means a community school established
under Chapter 3314. of the Revised Code.
(3) "Unused school facilities" means any real property that
has been used by a school district for school operations,
including, but not limited to, academic instruction or
administration, since July 1, 1998, but has not been used in that
capacity for two years.
(B)(1) On and after the effective date of this section June
30, 2011, any school district board of education shall offer any
unused school facilities it owns in its corporate capacity for
lease or sale to the governing authorities of community schools
established under Chapter 3314. of the Revised Code, and the board
of trustees of any college-preparatory boarding school, that are
located within the territory of the school district.
(2) At the same time that a district board makes the offer
required under division (B)(1) of this section, the board also
may, but shall not be required to, offer that property for sale or
lease to the governing authorities of community schools with
plans, stipulated in their contracts entered into under section
3314.03 of the Revised Code, either to relocate their operations
to the territory of the district or to add facilities, as
authorized by division (B)(3) or (4) of section 3314.05 of the
Revised Code, to be located within the territory of the district.
(C)(1) If, not later than sixty days after the district board
makes the offer, the governing authority of only one community
school located within the territory of the school district
qualified party offered the property under division (B) of this
section notifies the district treasurer in writing of
its the
intention to purchase the property, the district board shall sell
the property to the community school that party for the appraised
fair market value of the property as determined in an appraisal of
the property that is not more than one year old.
(2) If, not later than sixty days after the district board
makes the offer, the governing authorities of two or more
community schools located within the territory of the school
district notify more than one qualified party offered the property
under division (B) of this section notifies the district treasurer
in writing of their the intention to purchase the property, the
board shall conduct a public auction in the manner required for
auctions of district property under division (A) of section
3313.41 of the Revised Code. Only the governing authorities of all
community schools located within the territory of the school
district
parties offered the property under division (B) of this
section that notify the district treasurer of the intention to
purchase the property are eligible to bid at the auction. The
district board is not obligated to accept any bid for the property
that is lower than the appraised fair market value of the property
as determined in an appraisal that is not more than one year old.
(3) If the governing authorities of two or more community
schools located within the territory of the school district notify
more than one qualified party offered the property under division
(B) of this section notifies the district treasurer in writing of
their
the intention to lease the property, the district board
shall conduct a lottery to select from among those parties the
community school one qualified party to which the district board
shall lease the property.
(4) The lease price offered by a district board to the
governing authority of a community school or college-preparatory
boarding school under this section shall not be higher than the
fair market value for such a leasehold as determined in an
appraisal that is not more than one year old.
(5) If no community school governing authority qualified
party offered the property under division (B) of this section
accepts the offer to lease or buy the property within sixty days
after the offer is made, the district board may offer the property
to any other entity in accordance with divisions (A) to (F) of
section 3313.41 of the Revised Code.
(C)(D) Notwithstanding division (B) of this section, a school
district board may renew any agreement it originally entered into
prior to the effective date of this section June 30, 2011, to
lease real property to an entity other than a community school or
college-preparatory boarding school. Nothing in this section shall
affect the leasehold arrangements between the district board and
that other entity.
Sec. 3313.608. (A)(1) Beginning with students who enter
third grade in the school year that starts July 1, 2009, and until
June 30, 2013, for any student who attains a score in the range
designated under division (A)(2)(c)(3) of section 3301.0710 of the
Revised Code on the assessment prescribed under that section to
measure skill in English language arts expected at the end of
third grade, each school district, in accordance with the policy
adopted under section 3313.609 of the Revised Code, shall do one
of the following:
(1)(a) Promote the student to fourth grade if the student's
principal and reading teacher agree that other evaluations of the
student's skill in reading demonstrate that the student is
academically prepared to be promoted to fourth grade;
(2)(b) Promote the student to fourth grade but provide the
student with intensive intervention services in fourth grade;
(3)(c) Retain the student in third grade.
(2) Beginning with students who enter third grade in the
2013-2014 school year, no school district shall promote to fourth
grade any student who attains a score in the range designated
under division (A)(3) of section 3301.0710 of the Revised Code on
the assessment prescribed under that section to measure skill in
English language arts expected at the end of third grade, unless
one of the following applies:
(a) The student is a limited English proficient student who
has been enrolled in United States schools for less than two full
school years and has had less than two years of instruction in an
English as a second language program.
(b) The student is a child with a disability entitled to
special education and related services under Chapter 3323. of the
Revised Code and the student's individualized education program
exempts the student from retention under this division.
(c) The student demonstrates an acceptable level of
performance on an alternative standardized reading assessment as
determined by the department of education.
(d) All of the following apply:
(i) The student is a child with a disability entitled to
special education and related services under Chapter 3323. of the
Revised Code.
(ii) The student has taken the third grade English language
arts achievement assessment prescribed under section 3301.0710 of
the Revised Code.
(iii) The student's individualized education program or plan
under section 504 of the "Rehabilitation Act of 1973," 87 Stat.
355, 29 U.S.C. 794, as amended, shows that the student has
received intensive remediation in reading for two school years but
still demonstrates a deficiency in reading.
(iv) The student previously was retained in any of grades
kindergarten to three.
(e)(i) The student received intensive remediation for reading
for two school years but still demonstrates a deficiency in
reading and was previously retained in any of grades kindergarten
to three.
(ii) A student who is promoted under division (A)(2)(e)(i) of
this section shall continue to receive intensive reading
instruction in grade four. The instruction shall include an
altered instructional day that includes specialized diagnostic
information and specific research-based reading strategies for the
student that have been successful in improving reading among
low-performing readers.
(B)(1) To Beginning in the 2012-2013 school year, to assist
students in meeting this the third grade guarantee established by
this section, each school district board of education shall adopt
policies and procedures with which it shall annually shall assess
the reading skills of each student at the end of first and second
enrolled in kindergarten to third grade by the thirtieth day of
September and shall identify students who are reading below their
grade level.
If Each district shall use the diagnostic assessment
to measure English language arts ability for the appropriate grade
level has been developed in accordance with division (D)(1) of
adopted under section 3301.079 of the Revised Code, each school
district shall use such diagnostic assessment or a comparable tool
approved by the department of education, to identify such
students, except that any district to which division (E) of
section 3301.0715 of the Revised Code applies may use another
assessment to identify such students. The policies and procedures
shall require the students' classroom teachers to be involved in
the assessment and the identification of students reading below
grade level.
The district shall notify the parent or guardian of
(2) For each student
whose identified by the diagnostic
assessment prescribed under this section as having reading skills
are below grade level and, the district shall do both of the
following:
(a) Provide to the student's parent or guardian, in writing,
all of the following:
(i) Notification that the student has been identified as
having a substantial deficiency in reading;
(ii) A description of the current services that are provided
to the student;
(iii) A description of the proposed supplemental
instructional services and supports that will be provided to the
student that are designed to remediate the identified areas of
reading deficiency;
(iv) Notification that if the student attains a score in the
range designated under division (A)(3) of section 3301.0710 of the
Revised Code on the assessment prescribed under that section to
measure skill in English language arts expected at the end of
third grade, the student shall be retained unless the student is
exempt under division (A) of this section. The notification shall
specify that the assessment under section 3301.0710 of the Revised
Code is not the sole determinant of promotion and that additional
evaluations and assessments are available to the student to assist
parents and the district in knowing when a student is reading at
or above grade level and ready for promotion.
(b) Provide intensive reading instruction to the student
immediately following identification of a reading deficiency, in
accordance with division (C) of this section, provide intervention
services to each student reading below grade level. Such
intervention services shall include
research-based reading
strategies that have been shown to be successful in improving
reading among low-performing readers and instruction in intensive,
systematic phonetics pursuant to rules adopted by the state board
of education targeted at the student's identified reading
deficiencies.
(2)(3) For each student entering third grade after July 1,
2009, who does not attain by the end of the third grade at least a
score in the range designated under division (A)(2)(b) of section
3301.0710 of the Revised Code on the assessment prescribed under
that section to measure skill in English language arts expected at
the end of third grade retained under division (A) of this
section, the district
also shall offer do all of the following:
(a) Provide intense remediation services during the summer
following third grade until the student is able to read at grade
level. The remediation services shall include intensive
interventions in reading that address the areas of deficiencies
identified under this section including, but not limited to, not
less than ninety minutes of reading daily and may include any of
the following:
(i) Small group instruction;
(ii) Reduced teacher-student ratios;
(iii) More frequent progress monitoring;
(iv) Tutoring or mentoring;
(v) Transition classes containing third and fourth grade
students;
(vi) Extended school day, week, or year;
(vii) Summer reading camps.
(b) Establish a policy for the mid-year promotion of a
student retained under division (A) of this section who
demonstrates that the student is reading at or above grade level;
(c) Provide each student with a high-performing teacher, as
determined by the teacher's student performance data, when
available, and performance reviews.
The district shall offer the option for students to receive
applicable services from one or more providers other than the
district. Providers shall be screened and approved by the district
or the department of education. If the student participates in the
remediation services and demonstrates reading proficiency in
accordance with standards adopted by the department prior to the
start of fourth grade, the district shall promote the student to
that grade.
(4) For each student retained under division (A) of this
section who has demonstrated proficiency in a specific academic
ability field, each district shall provide instruction
commensurate with student achievement levels in that specific
academic ability field.
As used in this division, "specific academic ability field"
has the same meaning as in section 3324.01 of the Revised Code.
(C) For each student required to be offered provided
intervention services under this section, the district shall
develop a reading improvement and monitoring plan within sixty
days after receiving the student's results on the diagnostic
assessment or comparable tool administered under division (B)(1)
of this section. The district shall involve the student's parent
or guardian and classroom teacher in developing the intervention
strategy, and shall offer to the parent or guardian the
opportunity to be involved in the intervention services plan. The
plan shall include all of the following:
(1) Identification of the student's specific reading
deficiencies;
(2) A description of the additional instructional services
and support that will be provided to the student to remediate the
identified reading deficiencies;
(3) Opportunities for the student's parent or guardian to be
involved in the instructional services and support described in
division (C)(2) of this section;
(4) A process for monitoring the extent to which the student
receives the instructional services and support described in
division (C)(2) of this section;
(5) A reading curriculum during regular school hours that
does all of the following:
(a) Assists students to read at grade level;
(b) Provides scientifically based and reliable assessment;
(c) Provides initial and ongoing analysis of each student's
reading progress.
(6) A statement that if the student attains a score in the
range designated under division (A)(3) of section 3301.0710 of the
Revised Code on the assessment prescribed under that section to
measure skill in English language arts expected by the end of
third grade, the student may be retained in third grade.
Each student with a reading improvement and monitoring plan
under this division who enters third grade after July 1, 2013,
shall be assigned to a teacher who has either received a passing
score on a rigorous test of principles of scientifically based
reading instruction approved by the state board of education or
has a reading endorsement on the teacher's license.
The district shall report any information requested by the
department about the plans developed under this division in the
manner required by the department.
(D) Each school district shall report annually to the
department on its implementation and compliance with this section
using guidelines prescribed by the superintendent of public
instruction. The superintendent of public instruction annually
shall report to the governor and general assembly the number and
percentage of students in grades kindergarten through four reading
below grade level based on the diagnostic assessments administered
under division (B) of this section and the achievement assessments
administered under divisions (A)(1)(a) and (b) of section
3301.0710 of the Revised Code in English language arts, aggregated
by school district and building; the types of intervention
services provided to students; and, if available, an evaluation of
the efficacy of the intervention services provided.
(E) Any summer remediation services funded in whole or in
part by the state and offered by school districts to students
under this section shall meet the following conditions:
(1) The remediation methods are based on reliable educational
research.
(2) The school districts conduct assessment before and after
students participate in the program to facilitate monitoring
results of the remediation services.
(3) The parents of participating students are involved in
programming decisions.
(4) The services are conducted in a school building or
community center and not on an at-home basis.
(E)(F) Any intervention or remediation services required by
this section shall include intensive, explicit, and systematic
instruction.
(G) This section does not create a new cause of action or a
substantive legal right for any person.
Sec. 3313.609. (A) As used in this section:
(1) "Truant" means absent without excuse.
(2) "Academically prepared" means whatever educational
standard the board of education of each city, exempted village,
local, and joint vocational school district establishes as
necessary for the promotion of a student to the next grade level
pursuant to the policy adopted under division (B) of this section.
(B) The board of education of each city, exempted village,
local, and joint vocational school district shall adopt a grade
promotion and retention policy for students that complies with
this section and section 3313.608 of the Revised Code. The policy
shall prohibit the promotion of a student to the next grade level
if the student has been truant for more than ten per cent of the
required attendance days of the current school year and has failed
two or more of the required curriculum subject areas in the
current grade unless the student's principal and the teachers of
any failed subject areas agree that the student is academically
prepared to be promoted to the next grade level.
Sec. 3313.6013. (A) As used in this section, "dual enrollment
program" means a program that enables a student to earn credit
toward a degree from an institution of higher education while
enrolled in high school or that enables a student to complete
coursework while enrolled in high school that may earn credit
toward a degree from an institution of higher education upon the
student's attainment of a specified score on an examination
covering the coursework. Dual enrollment programs may include any
of the following:
(1) The post-secondary enrollment options program established
under Chapter 3365. of the Revised Code;
(2) Advanced placement courses;
(3) Any similar program established pursuant to an agreement
between a school district or chartered nonpublic high school and
an institution of higher education.
(B) Each city, local, exempted village, and joint vocational
school district and each chartered nonpublic high school shall
provide students enrolled in grades nine through twelve with the
opportunity to participate in a dual enrollment program. For this
purpose, each school district and chartered nonpublic high school
shall offer at least one dual enrollment program in accordance
with division (B)(1) or (2) of this section, as applicable.
(1) A city, local, or exempted village school district meets
the requirements of this division through its mandatory
participation in the post-secondary enrollment options program
established under Chapter 3365. of the Revised Code. However, a
city, local, or exempted village school district may offer any
other dual enrollment program, in addition to the post-secondary
enrollment options program, and each joint vocational school
district shall offer at least one other duel dual enrollment
program, to students in good standing, as defined by the
partnership for continued learning under section 3301.42 of the
Revised Code as it existed prior to the effective date of this
amendment October 16, 2009, or as subsequently defined by the
department of education.
(2) A chartered nonpublic high school that elects to
participate in the post-secondary enrollment options program
established under Chapter 3365. of the Revised Code meets the
requirements of this division. Each chartered nonpublic high
school that elects not to participate in the post-secondary
enrollment options program instead shall offer at least one other
dual enrollment program to students in good standing, as defined
by the partnership for continued learning under section 3301.42 of
the Revised Code as it existed prior to the effective date of this
amendment October 16, 2009, or as subsequently defined by the
department of education.
(C) Each school district and each chartered nonpublic high
school shall provide information about the dual enrollment
programs offered by the district or school to all students
enrolled in grades eight through eleven.
Sec. 3313.6411. (A) As used in this section, "parent" has
the same meaning as in section 3313.98 of the Revised Code.
(B) When a student enrolls in a school operated by a city,
exempted village, or local school district, a school official with
responsibility for admissions shall provide the student's parent,
during the admissions process, with a copy of the most recent
report card issued under section 3302.03 of the Revised Code.
Sec. 3313.674. (A) Except as provided in divisions division
(D) and (H) of this section, the board of education of each city,
exempted village, or local school district and the governing
authority of each chartered nonpublic school shall may require
each student enrolled in kindergarten, third grade, fifth grade,
and ninth grade to undergo a screening for body mass index and
weight status category prior to the first day of May of the school
year.
(B) The board or governing authority may provide any
screenings required authorized by this section itself, contract
with another entity for provision of the screenings, or request
the parent or guardian of each student subject to this section the
screening to obtain the screening from a provider selected by the
parent or guardian and to submit the results to the board or
governing authority. If the board or governing authority provides
the screenings itself or contracts with another entity for
provision of the screenings, the board or governing authority
shall protect student privacy by ensuring that each student is
screened alone and not in the presence of other students or staff.
(C) Prior to the first day of February of each Each school
year,
the each board or governing authority electing to require
the screening shall provide the parent or guardian of each student
subject to this section the screening with information about the
screening program. If the board or governing authority requests
parents and guardians to obtain a screening from a provider of
their choosing, the board or governing authority shall provide
them with a list of providers and information about screening
services available in the community to parents and guardians who
cannot afford a private provider.
(D) If the parent or guardian of a student subject to this
section the screening signs and submits to the board or governing
authority a written statement indicating that the parent or
guardian does not wish to have the student undergo the screening,
the board or governing authority shall not require the student to
be screened.
(E) The board or governing authority shall notify the parent
or guardian of each student screened under this section of any
health risks associated with the student's results and shall
provide the parent or guardian with information about
appropriately addressing the risks. For this purpose, the
department of health, in consultation with the department of
education and the healthy choices for healthy children council
established under section 3301.92 of the Revised Code, shall
develop a list of documents, pamphlets, or other resources that
may be distributed to parents and guardians under this division.
(F) The board or governing authority shall maintain the
confidentiality of each student's individual screening results at
all times. No board or governing authority shall report a
student's individual screening results to any person other than
the student's parent or guardian.
(G) In a manner prescribed by rule of the director of health,
the each board or governing authority electing to require the
screening shall report aggregated body mass index and weight
status category data collected under this section, and any other
demographic data required by the director, to the department of
health. In the case of a school district, data shall be aggregated
for the district as a whole and not for individual schools within
the district, unless the district operates only one school. In the
case of a chartered nonpublic school, data shall be aggregated for
the school as a whole. The department annually may publish the
data reported under this division, aggregated by county. If any
For each county in which a district, community school, STEM
school, or chartered nonpublic school was granted a waiver under
division (H) of this section has elected not to require the
screening for a school year for which data is published, the
department shall note that the data for the county in which the
district or school is located is incomplete. The department may
share data reported under this division with other governmental
entities for the purpose of monitoring population health, making
reports, or public health promotional activities.
(H) A board or governing authority may obtain a waiver of the
requirement to have students undergo screenings for body mass
index and weight status category by submitting to the
superintendent of public instruction an affidavit, attested to by
the president or presiding officer of the board or governing
authority, stating that the board or governing authority is unable
to comply with the requirement. The superintendent shall grant the
waiver upon receipt of the affidavit.
Sec. 3313.813. (A) As used in this section:
(1) "Outdoor education center" means a public or nonprofit
private entity that provides to pupils enrolled in any public or
chartered nonpublic elementary or secondary school an outdoor
educational curriculum that the school considers to be part of its
educational program.
(2) "Outside-school-hours care center" has the meaning
established in 7 C.F.R. 226.2.
(B) The state board of education shall establish standards
for a school lunch program, school breakfast program, child and
adult care food program, special food service program for
children, summer food service program for children, special milk
program for children, food service equipment assistance program,
and commodity distribution program established under the "National
School Lunch Act," 60 Stat. 230 (1946), 42 U.S.C. 1751, as
amended, and the "Child Nutrition Act of 1966," 80 Stat. 885, 42
U.S.C. 1771, as amended. Any board of education of a school
district, nonprofit private school, outdoor education center,
child care institution, outside-school-hours care center, or
summer camp desiring to participate in such a program or required
to participate under this section shall, if eligible to
participate under the "National School Lunch Act," as amended, or
the "Child Nutrition Act of 1966," as amended, make application to
the state board of education for assistance. The board shall
administer the allocation and distribution of all state and
federal funds for these programs.
(C) The state board of education shall require the board of
education of each school district to establish and maintain a
school breakfast, lunch, and summer food service program pursuant
to the "National School Lunch Act" and the "Child Nutrition Act of
1966," as described in divisions (C)(1) to (4) of this section.
(1) The state board shall require the board of education in
each school district to establish a breakfast program in every
school where at least one-fifth of the pupils in the school are
eligible under federal requirements for free breakfasts and to
establish a lunch program in every school where at least one-fifth
of the pupils are eligible for free lunches. The board of
education required to establish a breakfast program under this
division may make a charge in accordance with federal requirements
for each reduced price breakfast or paid breakfast to cover the
cost incurred in providing that meal.
(2) The state board shall require the board of education in
each school district to establish a breakfast program in every
school in which the parents of at least one-half of the children
enrolled in the school have requested that the breakfast program
be established. The board of education required to establish a
program under this division may make a charge in accordance with
federal requirements for each meal to cover all or part of the
costs incurred in establishing such a program.
(3) The state board shall require the board of education in
each school district to establish one of the following for summer
intervention services described in division (D) of section
3301.0711 and or provided under section 3313.608 of the Revised
Code, and any other summer intervention program required by law:
(a) An extension of the school breakfast program pursuant to
the "National School Lunch Act" and the "Child Nutrition Act of
1966";
(b) An extension of the school lunch program pursuant to
those acts;
(c) A summer food service program pursuant to those acts.
(4)(a) If the board of education of a school district
determines that, for financial reasons, it cannot comply with
division (C)(1) or (3) of this section, the district board may
choose not to comply with either or both divisions, except as
provided in division (C)(4)(b) of this section. The district board
publicly shall communicate to the residents of the district, in
the manner it determines appropriate, its decision not to comply.
(b) If a district board chooses not to comply with division
(C)(1) of this section, the state board nevertheless shall require
the district board to establish a breakfast program in every
school where at least one-third of the pupils in the school are
eligible under federal requirements for free breakfasts and to
establish a lunch program in every school where at least one-third
of the pupils are eligible for free lunches. The district board
may make a charge in accordance with federal requirements for each
reduced price breakfast or paid breakfast to cover the cost
incurred in providing that meal.
(c) If a school district cannot for good cause comply with
the requirements of division (C)(2) or (4)(b) of this section at
the time the state board determines that a district is subject to
these requirements, the state board shall grant a reasonable
extension of time. Good cause for an extension of time shall
include, but need not be limited to, economic impossibility of
compliance with the requirements at the time the state board
determines that a district is subject to them.
(D)(1) The state board shall accept the application of any
outdoor education center in the state making application for
participation in a program pursuant to division (B) of this
section.
(2) For purposes of participation in any program pursuant to
this section, the board shall certify any outdoor education center
making application as an educational unit that is part of the
educational system of the state, if the center:
(a) Meets the definition of an outdoor education center;
(b) Provides its outdoor education curriculum to pupils on an
overnight basis so that pupils are in residence at the center for
more than twenty-four consecutive hours;
(c) Operates under public or nonprofit private ownership in a
single building or complex of buildings.
(3) The board shall approve any outdoor education center
certified under this division for participation in the program for
which the center is making application on the same basis as any
other applicant for that program.
(E) Any school district board of education or chartered
nonpublic school that participates in a breakfast program pursuant
to this section may offer breakfast to pupils in their classrooms
during the school day.
(F) Notwithstanding anything in this section to the contrary,
in each fiscal year in which the general assembly appropriates
funds for purposes of this division, the board of education of
each school district and each chartered nonpublic school that
participates in a breakfast program pursuant to this section shall
provide a breakfast free of charge to each pupil who is eligible
under federal requirements for a reduced price breakfast.
Sec. 3313.816. No public or chartered nonpublic school shall
permit the sale of a la carte beverage items other than the
following during the regular and extended school day:
(A) For a school in which the majority of grades offered are
in the range from kindergarten to grade four:
(3) Eight ounces or less of one hundred per cent fruit juice,
or a one hundred per cent fruit juice and water blend with no
added sweeteners, that contains not more than one hundred sixty
calories per eight ounces.
(B) For a school in which the majority of grades offered are
in the range from grade five to grade eight:
(3) Ten ounces or less of one hundred per cent fruit juice,
or a one hundred per cent fruit juice and water blend with no
added sweeteners, that contains not more than one hundred sixty
calories per eight ounces.
(C) For a school in which the majority of grades offered are
in the range from grade nine to grade twelve:
(3) Twelve ounces or less of one hundred per cent fruit
juice, or a one hundred per cent fruit juice and water blend with
no added sweeteners, that contains not more than one hundred sixty
calories per eight ounces;
(4) Twelve ounces or less of any beverage that contains not
more than sixty-six calories per eight ounces;
(5) Any size of a beverage that contains not more than ten
calories per eight ounces, which may include caffeinated beverages
and beverages with added sweeteners, carbonation, or artificial
flavoring.
(D) Each public and chartered nonpublic school shall require
at least fifty per cent of the a la carte beverage items available
for sale from each of the following sources during the regular and
extended school day to be water or other beverages that contain
not more than ten calories per eight ounces:
(1) A school food service program;
(2) A vending machine located on school property that does
not sell only milk or reimbursable meals;
(3) A store operated by the school, a student association, or
other school-sponsored organization.
Sec. 3313.842. (A) The boards of education or governing
authorities of any two or more school districts or community
schools may enter into an agreement for joint or cooperative
establishment and operation of any educational program including
any class, course, or program that may be included in a school
district's or community school's graded course of study and staff
development programs for teaching and nonteaching school
employees. Each school district or community school that is party
to such an agreement may contribute funds of the district or
school in support of the agreement and for the establishment and
operation of any educational program established under the
agreement. The agreement shall designate one of the districts or
community schools as responsible for receiving and disbursing the
funds contributed by the parties to the agreement.
(B) Notwithstanding sections 3313.48 and 3313.64 of the
Revised Code, any school district that is party to an agreement
for joint or cooperative establishment and operation of an
educational program may charge fees or tuition for students who
participate in the program and are entitled to attend school in
the district under section 3313.64 or 3313.65 of the Revised Code.
Except as otherwise provided in division (H)(G) of section 3321.01
of the Revised Code, no community school that is party to the
agreement shall charge fees or tuition for students who
participate in the program and are reported by the school under
division (B)(2) of section 3314.08 of the Revised Code.
Sec. 3313.843. (A) Notwithstanding division (D) of section
3311.52 of the Revised Code, this section does not apply to any
cooperative education school district.
(B)(1) The board of education of each city, exempted village,
or local school district with an average daily student enrollment
of sixteen thousand or less, reported for the district on the most
recent report card issued under section 3302.03 of the Revised
Code, shall enter into an agreement with the governing board of an
educational service center, under which the educational service
center governing board will provide services to the district.
(2) The board of education of a city, exempted village, or
local school district with an average daily student enrollment of
more than sixteen thousand may enter into an agreement with the
governing board of an educational service center, under which the
educational service center governing board will provide services
to the district.
(3) Services provided under an agreement entered into under
division (B)(1) or (2) of this section shall be specified in the
agreement, and may include any of the following: supervisory
teachers; in-service and continuing education programs for
district personnel; curriculum services; research and development
programs; academic instruction for which the governing board
employs teachers pursuant to section 3319.02 of the Revised Code;
assistance in the provision of special accommodations and classes
for students with disabilities; or any other services the district
board and service center governing board agree can be better
provided by the service center and are not provided under an
agreement entered into under section 3313.845 of the Revised Code.
Services included in the agreement shall be provided to the
district in the manner specified in the agreement. The district
board of education shall reimburse the educational service center
governing board pursuant to section 3317.11 of the Revised Code.
Beginning with the 2012-2013 school year, the board of any
district described in division (B)(2) of this section may elect
not to receive the supervisory services for which supervisory
units are paid under division (B) of section 3317.11 of the
Revised Code, provided that election is specified in the
agreement.
(C) Any agreement entered into pursuant to this section shall
be filed with the department of education by the first day of July
of the school year for which the agreement is in effect.
(D)(1) An agreement for services from an educational service
center entered into under this section may be terminated by the
school district board of education, at its option, by notifying
the governing board of the service center by March 1, 2012, or by
the first day of January of any odd-numbered year thereafter, that
the district board intends to terminate the agreement in that
year, and that termination shall be effective on the thirtieth day
of June of that year. The failure of a district board to notify an
educational service center of its intent to terminate an agreement
by March 1, 2012, shall result in renewal of the existing
agreement for the following school year. Thereafter, the failure
of a district board to notify an educational service center of its
intent to terminate an agreement by the first day of January of an
odd-numbered year shall result in renewal of the existing
agreement for the following two school years.
(2) If the school district that terminates an agreement for
services under division (D)(1) of this section is also subject to
the requirement of division (B)(1) of this section, the district
board shall enter into a new agreement with a different any
educational service center so that the new agreement is effective
on the first day of July of that same year.
Sec. 3313.845. The board of education of a city, exempted
village, or local school district and the governing board of an
educational service center may enter into an agreement under which
the educational service center will provide services to the school
district. Services provided under the agreement and the amount to
be paid for such services shall be mutually agreed to by the
district board of education and the service center governing
board, and shall be specified in the agreement. Payment for
services specified in the agreement shall be made pursuant to
division (D) of section 3317.11 of the Revised Code and shall not
include any deduction under division (B), (C), or (F) of that
section. Any agreement entered into pursuant to this section shall
be valid only if a copy is filed with the department of education
by the first day of the school year for which the agreement is in
effect.
The authority granted under this section to the boards of
education of city, exempted village, and local school districts is
in addition to the authority granted to such boards under section
3313.843 of the Revised Code.
Sec. 3313.847. In the case of a child placed in the custody
of a juvenile facility established under section 2151.65 or a
detention facility established under section 2152.41 of the
Revised Code, if that facility contracts directly with an
educational service center for services for that child, the
service center may submit its request for payment for services for
the child directly to the school district that is responsible to
bear the cost of educating the child, as determined under section
2151.362 of the Revised Code. That district shall pay the service
center directly for those services. Notwithstanding anything to
the contrary in section 3317.03 of the Revised Code, the district
that pays a service center for services for a particular child
under this section shall include that child in the district's
average daily membership as reported under division (A) of section
3317.03 of the Revised Code. No other district shall include the
child in its average daily membership.
Sec. 3313.978. (A) Annually by the first day of November,
the superintendent of public instruction shall notify the pilot
project school district of the number of initial scholarships that
the state superintendent will be awarding in each of grades
kindergarten through twelve.
The state superintendent shall provide information about the
scholarship program to all students residing in the district,
shall accept applications from any such students until such date
as shall be established by the state superintendent as a deadline
for applications, and shall establish criteria for the selection
of students to receive scholarships from among all those applying
prior to the deadline, which criteria shall give preference to
students from low-income families. For each student selected, the
state superintendent shall also determine whether the student
qualifies for seventy-five or ninety per cent of the scholarship
amount. Students whose family income is at or above two hundred
per cent of the maximum income level established by the state
superintendent for low-income families shall qualify for
seventy-five per cent of the scholarship amount and students whose
family income is below two hundred per cent of that maximum income
level shall qualify for ninety per cent of the scholarship amount.
The state superintendent shall notify students of their selection
prior to the fifteenth day of January and whether they qualify for
seventy-five or ninety per cent of the scholarship amount.
(1) A student receiving a pilot project scholarship may
utilize it at an alternative public school by notifying the
district superintendent, at any time before the beginning of the
school year, of the name of the public school in an adjacent
school district to which the student has been accepted pursuant to
section 3327.06 of the Revised Code.
(2) A student may decide to utilize a pilot project
scholarship at a registered private school in the district if all
of the following conditions are met:
(a) By the fifteenth day of February of the preceding school
year, or at any time prior to the start of the school year, the
parent makes an application on behalf of the student to a
registered private school.
(b) The registered private school notifies the parent and the
state superintendent as follows that the student has been
admitted:
(i) By the fifteenth day of March of the preceding school
year if the student filed an application by the fifteenth day of
February and was admitted by the school pursuant to division (A)
of section 3313.977 of the Revised Code;
(ii) Within one week of the decision to admit the student if
the student is admitted pursuant to division (C) of section
3313.977 of the Revised Code.
(c) The student actually enrolls in the registered private
school to which the student was first admitted or in another
registered private school in the district or in a public school in
an adjacent school district.
(B) The state superintendent shall also award in any school
year tutorial assistance grants to a number of students equal to
the number of students who receive scholarships under division (A)
of this section. Tutorial assistance grants shall be awarded
solely to students who are enrolled in the public schools of the
district in a grade level covered by the pilot project. Tutorial
assistance grants may be used solely to obtain tutorial assistance
from a provider approved pursuant to division (D) of section
3313.976 of the Revised Code.
All students wishing to obtain tutorial assistance grants
shall make application to the state superintendent by the first
day of the school year in which the assistance will be used. The
state superintendent shall award assistance grants in accordance
with criteria the superintendent shall establish. For each student
awarded a grant, the state superintendent shall also determine
whether the student qualifies for seventy-five or ninety per cent
of the grant amount and so notify the student. Students whose
family income is at or above two hundred per cent of the maximum
income level established by the state superintendent for
low-income families shall qualify for seventy-five per cent of the
grant amount and students whose family income is below two hundred
per cent of that maximum income level shall qualify for ninety per
cent of the grant amount.
(C)(1) In the case of basic scholarships for students in
grades kindergarten through eight, the scholarship amount shall
not exceed the lesser of the tuition charges of the alternative
school the scholarship recipient attends or three thousand dollars
before fiscal year 2007, three thousand four hundred fifty dollars
in fiscal year 2007 through fiscal year 2011, and four thousand
two hundred fifty dollars in fiscal year 2012 and thereafter.
In the case of basic scholarships for students in grades nine
through twelve, the scholarship amount shall not exceed the lesser
of the tuition charges of the alternative school the scholarship
recipient attends or two thousand seven hundred dollars before
fiscal year 2007, three thousand four hundred fifty dollars in
fiscal year 2007 through fiscal year 2011, and five thousand
dollars in fiscal year 2012 and thereafter.
(2) The state superintendent shall provide for an increase in
the basic scholarship amount in the case of any student who is a
mainstreamed student with a disability and shall further increase
such amount in the case of any separately educated student with a
disability. Such increases shall take into account the
instruction, related services, and transportation costs of
educating such students.
(3) In the case of tutorial assistance grants, the grant
amount shall not exceed the lesser of the provider's actual
charges for such assistance or:
(a) Before fiscal year 2007, a percentage established by the
state superintendent, not to exceed twenty per cent, of the amount
of the pilot project school district's average basic scholarship
amount;
(b) In fiscal year 2007 and thereafter, four hundred dollars.
(4) No scholarship or tutorial assistance grant shall be
awarded unless the state superintendent determines that
twenty-five or ten per cent, as applicable, of the amount
specified for such scholarship or grant pursuant to division
(C)(1), (2), or (3) of this section will be furnished by a
political subdivision, a private nonprofit or for profit entity,
or another person. Only seventy-five or ninety per cent of such
amounts, as applicable, shall be paid from state funds pursuant to
section 3313.979 of the Revised Code.
(D)(1) Annually by the first day of November, the state
superintendent shall estimate the maximum per-pupil scholarship
amounts for the ensuing school year. The state superintendent
shall make this estimate available to the general public at the
offices of the district board of education together with the forms
required by division (D)(2) of this section.
(2) Annually by the fifteenth day of January, the chief
administrator of each registered private school located in the
pilot project district and the principal of each public school in
such district shall complete a parental information form and
forward it to the president of the board of education. The
parental information form shall be prescribed by the department of
education and shall provide information about the grade levels
offered, the numbers of students, tuition amounts, achievement
test results, and any sectarian or other organizational
affiliations.
(E)(1) Only for the purpose of administering the pilot
project scholarship program, the department may request from any
of the following entities the data verification code assigned
under division (D)(2) of section 3301.0714 of the Revised Code to
any student who is seeking a scholarship under the program:
(a) The school district in which the student is entitled to
attend school under section 3313.64 or 3313.65 of the Revised
Code;
(b) If applicable, the community school in which the student
is enrolled;
(c) The independent contractor engaged to create and maintain
data verification codes.
(2) Upon a request by the department under division (E)(1) of
this section for the data verification code of a student seeking a
scholarship or a request by the student's parent for that code,
the school district or community school shall submit that code to
the department or parent in the manner specified by the
department. If the student has not been assigned a code, because
the student will be entering kindergarten during the school year
for which the scholarship is sought, the district shall assign a
code to that student and submit the code to the department or
parent by a date specified by the department. If the district does
not assign a code to the student by the specified date, the
department shall assign a code to the student.
The department annually shall submit to each school district
the name and data verification code of each student residing in
the district who is entering kindergarten, who has been awarded a
scholarship under the program, and for whom the department has
assigned a code under this division.
(3) The department shall not release any data verification
code that it receives under division (E) of this section to any
person except as provided by law.
(F) Any document relative to the pilot project scholarship
program that the department holds in its files that contains both
a student's name or other personally identifiable information and
the student's data verification code shall not be a public record
under section 149.43 of the Revised Code.
(G)(1) The department annually shall compile the scores
attained by scholarship students enrolled in registered private
schools on the assessments administered to the students pursuant
to division (A)(11) of section 3313.976 of the Revised Code. The
scores shall be aggregated as follows:
(a) By school district, which shall include all scholarship
students residing in the pilot project school district who are
enrolled in a registered private school and were required to take
an assessment pursuant to division (A)(11) of section 3313.976 of
the Revised Code;
(b) By registered private school, which shall include all
scholarship students enrolled in that school who were required to
take an assessment pursuant to division (A)(11) of section
3313.976 of the Revised Code.
(2) The department shall disaggregate the student performance
data described in division (G)(1) of this section according to the
following categories:
(d) Students who have participated in the scholarship program
for three or more years;
(e) Students who have participated in the scholarship program
for more than one year and less than three years;
(f) Students who have participated in the scholarship program
for one year or less;
(g) Economically disadvantaged students.
(3) The department shall post the student performance data
required under divisions (G)(1) and (2) of this section on its web
site and shall include that data in the information about the
scholarship program provided to students under division (A) of
this section. In reporting student performance data under this
division, the department shall not include any data that is
statistically unreliable or that could result in the
identification of individual students. For this purpose, the
department shall not report performance data for any group that
contains less than ten students.
(4) The department shall provide the parent of each
scholarship student enrolled in a registered private school with
information comparing the student's performance on the assessments
administered pursuant to division (A)(11) of section 3313.976 of
the Revised Code with the average performance of similar students
enrolled in the building operated by the pilot project school
district that the scholarship student would otherwise attend. In
calculating the performance of similar students, the department
shall consider age, grade, race and ethnicity, gender, and
socioeconomic status.
Sec. 3314.015. (A) The department of education shall be
responsible for the oversight of any and all sponsors of the
community schools established under this chapter and shall provide
technical assistance to schools and sponsors in their compliance
with applicable laws and the terms of the contracts entered into
under section 3314.03 of the Revised Code and in the development
and start-up activities of those schools. In carrying out its
duties under this section, the department shall do all of the
following:
(1) In providing technical assistance to proposing parties,
governing authorities, and sponsors, conduct training sessions and
distribute informational materials;
(2) Approve entities to be sponsors of community schools;
(3) Monitor the effectiveness of any and all sponsors in
their oversight of the schools with which they have contracted;
(4) By December thirty-first of each year, issue a report to
the governor, the speaker of the house of representatives, the
president of the senate, and the chairpersons of the house and
senate committees principally responsible for education matters
regarding the effectiveness of academic programs, operations, and
legal compliance and of the financial condition of all community
schools established under this chapter and on the performance of
community school sponsors;
(5) From time to time, make legislative recommendations to
the general assembly designed to enhance the operation and
performance of community schools.
(B)(1) Except as provided in sections 3314.021 and 3314.027
of the Revised Code, no entity listed in division (C)(1) of
section 3314.02 of the Revised Code shall enter into a preliminary
agreement under division (C)(2) of section 3314.02 of the Revised
Code until it has received approval from the department of
education to sponsor community schools under this chapter and has
entered into a written agreement with the department regarding the
manner in which the entity will conduct such sponsorship. The
department shall adopt in accordance with Chapter 119. of the
Revised Code rules containing criteria, procedures, and deadlines
for processing applications for such approval, for oversight of
sponsors, for revocation of the approval of sponsors, and for
entering into written agreements with sponsors. The rules shall
require an entity to submit evidence of the entity's ability and
willingness to comply with the provisions of division (D) of
section 3314.03 of the Revised Code. The rules also shall require
entities approved as sponsors on and after June 30, 2005, to
demonstrate a record of financial responsibility and successful
implementation of educational programs. If an entity seeking
approval on or after June 30, 2005, to sponsor community schools
in this state sponsors or operates schools in another state, at
least one of the schools sponsored or operated by the entity must
be comparable to or better than the performance of Ohio schools in
need of continuous improvement under section 3302.03 of the
Revised Code, as determined by the department.
Subject to section 3314.016 of the Revised Code, an entity
that sponsors community schools may enter into preliminary
agreements and sponsor up to one hundred schools, provided each
school and the contract for sponsorship meets the requirements of
this chapter.
(2) The department of education shall determine, pursuant to
criteria adopted by rule of the department, whether the mission
proposed to be specified in the contract of a community school to
be sponsored by a state university board of trustees or the
board's designee under division (C)(1)(e) of section 3314.02 of
the Revised Code complies with the requirements of that division.
Such determination of the department is final.
(3) The department of education shall determine, pursuant to
criteria adopted by rule of the department, if any tax-exempt
entity under section 501(c)(3) of the Internal Revenue Code that
is proposed to be a sponsor of a community school is an
education-oriented entity for purpose of satisfying the condition
prescribed in division (C)(1)(f)(iii) of section 3314.02 of the
Revised Code. Such determination of the department is final.
(C) If at any time the state board of education finds that a
sponsor is not in compliance or is no longer willing to comply
with its contract with any community school or with the
department's rules for sponsorship, the state board or designee
shall conduct a hearing in accordance with Chapter 119. of the
Revised Code on that matter. If after the hearing, the state board
or designee has confirmed the original finding, the department of
education may revoke the sponsor's approval to sponsor community
schools and. In that case, the department's office of Ohio school
sponsorship, established under section 3314.029 of the Revised
Code, may assume the sponsorship of any schools with which the
sponsor has contracted until the earlier of the expiration of two
school years or until a new sponsor as described in division
(C)(1) of section 3314.02 of the Revised Code is secured by the
school's governing authority. The department office of Ohio school
sponsorship may extend the term of the contract in the case of a
school for which it has assumed sponsorship under this division as
necessary to accommodate the term of the department's
authorization to sponsor the school specified in this division.
Community schools sponsored under this division shall not apply to
the limit on directly authorized community schools under division
(A)(3) of section 3314.029 of the Revised Code. However, nothing
in this division shall preclude a community school affected by
this division from applying for sponsorship under that section.
(D) The decision of the department to disapprove an entity
for sponsorship of a community school or to revoke approval for
such sponsorship under division (C) of this section, may be
appealed by the entity in accordance with section 119.12 of the
Revised Code.
(E) The department shall adopt procedures for use by a
community school governing authority and sponsor when the school
permanently closes and ceases operation, which shall include at
least procedures for data reporting to the department, handling of
student records, distribution of assets in accordance with section
3314.074 of the Revised Code, and other matters related to ceasing
operation of the school.
(F) In carrying out its duties under this chapter, the
department shall not impose requirements on community schools or
their sponsors that are not permitted by law or duly adopted
rules.
Sec. 3314.016. This section applies to any entity that
sponsors a community school, regardless of whether section
3314.021 or 3314.027 of the Revised Code exempts the entity from
the requirement to be approved for sponsorship under divisions
(A)(2) and (B)(1) of section 3314.015 of the Revised Code. The
office of Ohio school sponsorship established under section
3314.029 of the Revised Code shall be ranked under division (B) of
this section, but divisions (A) and (C) of this section do not
apply to the office.
(A) An entity that sponsors a community school shall be
permitted to enter into contracts under section 3314.03 of the
Revised Code to sponsor additional community schools only if the
entity meets both of the following criteria:
(1) The entity is in compliance with all provisions of this
chapter requiring sponsors of community schools to report data or
information to the department of education.
(2) The entity is not ranked in the lowest twenty per cent of
community school sponsors on the ranking prescribed by division
(B) of this section.
(B)(1) For purposes of this section, the department shall
develop a composite performance index score, as defined in section
3302.01 of the Revised Code, that measures the academic
performance of students enrolled in community schools sponsored by
the same entity. In
(2) In calculating the an entity's composite performance
index score, the department shall exclude all of the following:
(a) All community schools that have been in operation for
less than two full school years;
(b) All community schools described in division (A)(3) of
section 3314.35 of the Revised Code, but the department shall
cease to exclude those the schools beginning January 1, 2013, if
the general assembly does not enact by that date separate
performance standards for community schools that operate dropout
prevention and recovery programs and for community schools that
serve students with disabilities described in division (A)(3)(a)
of that section if those schools become subject to closure under
division (D) of that section. The
(3) The department annually shall rank all entities that
sponsor community schools from highest to lowest according to the
entities' composite performance index scores and shall publish the
rankings between the first day of October and the fifteenth day of
October.
(C) If the governing authority of a community school enters
into a contract with a sponsor prior to the date on which the
sponsor is prohibited from sponsoring additional schools under
division (A) of this section and the school has not opened for
operation as of that date, that contract shall be void and the
school shall not open until the governing authority secures a new
sponsor by entering into a contract with the new sponsor under
section 3314.03 of the Revised Code.
Sec. 3314.02. (A) As used in this chapter:
(1) "Sponsor" means the board of education of a school
district or the governing board of an educational service center
that agrees to the conversion of all or part of a school or
building under division (B) of this section, or an entity listed
in division (C)(1) of this section, which either has been approved
by the department of education to sponsor community schools or is
exempted by section 3314.021 or 3314.027 of the Revised Code from
obtaining approval, and with which the governing authority of the
proposed a community school enters into a contract pursuant to
this under section 3314.03 of the Revised Code.
(2) "Pilot project area" means the school districts included
in the territory of the former community school pilot project
established by former Section 50.52 of Am. Sub. H.B. No. 215 of
the 122nd general assembly.
(3) "Challenged school district" means any of the following:
(a) A school district that is part of the pilot project area;
(b) A school district that is either in a state of academic
emergency or in a state of academic watch under section 3302.03 of
the Revised Code;
(c) A big eight school district;
(d) A school district ranked in the lowest five per cent of
school districts according to performance index score under
section 3302.21 of the Revised Code.
(4) "Big eight school district" means a school district that
for fiscal year 1997 had both of the following:
(a) A percentage of children residing in the district and
participating in the predecessor of Ohio works first greater than
thirty per cent, as reported pursuant to section 3317.10 of the
Revised Code;
(b) An average daily membership greater than twelve thousand,
as reported pursuant to former division (A) of section 3317.03 of
the Revised Code.
(5) "New start-up school" means a community school other than
one created by converting all or part of an existing public school
or educational service center building, as designated in the
school's contract pursuant to division (A)(17) of section 3314.03
of the Revised Code.
(6) "Urban school district" means one of the state's
twenty-one urban school districts as defined in division (O) of
section 3317.02 of the Revised Code as that section existed prior
to July 1, 1998.
(7) "Internet- or computer-based community school" means a
community school established under this chapter in which the
enrolled students work primarily from their residences on
assignments in nonclassroom-based learning opportunities provided
via an internet- or other computer-based instructional method that
does not rely on regular classroom instruction or via
comprehensive instructional methods that include internet-based,
other computer-based, and noncomputer-based learning
opportunities.
(8) "Operator" means either of the following:
(a) An individual or organization that manages the daily
operations of a community school pursuant to a contract between
the operator and the school's governing authority;
(b) A nonprofit organization that provides programmatic
oversight and support to a community school under a contract with
the school's governing authority and that retains the right to
terminate its affiliation with the school if the school fails to
meet the organization's quality standards.
(B) Any person or group of individuals may initially propose
under this division the conversion of all or a portion of a public
school or a building operated by an educational service center to
a community school. The proposal shall be made to the board of
education of the city, local, exempted village, or joint
vocational school district in which the public school is proposed
to be converted or, in the case of the conversion of a building
operated by an educational service center, to the governing board
of the service center. Upon receipt of a proposal, a board may
enter into a preliminary agreement with the person or group
proposing the conversion of the public school or service center
building, indicating the intention of the board to support the
conversion to a community school. A proposing person or group that
has a preliminary agreement under this division may proceed to
finalize plans for the school, establish a governing authority for
the school, and negotiate a contract with the board. Provided the
proposing person or group adheres to the preliminary agreement and
all provisions of this chapter, the board shall negotiate in good
faith to enter into a contract in accordance with section 3314.03
of the Revised Code and division (C) of this section.
(C)(1) Any person or group of individuals may propose under
this division the establishment of a new start-up school to be
located in a challenged school district. The proposal may be made
to any of the following entities:
(a) The board of education of the district in which the
school is proposed to be located;
(b) The board of education of any joint vocational school
district with territory in the county in which is located the
majority of the territory of the district in which the school is
proposed to be located;
(c) The board of education of any other city, local, or
exempted village school district having territory in the same
county where the district in which the school is proposed to be
located has the major portion of its territory;
(d) The governing board of any educational service center, as
long as the proposed school will be located in a county within the
territory of the service center or in a county contiguous to such
county;
(e) A sponsoring authority designated by the board of
trustees of any of the thirteen state universities listed in
section 3345.011 of the Revised Code or the board of trustees
itself as long as a mission of the proposed school to be specified
in the contract under division (A)(2) of section 3314.03 of the
Revised Code and as approved by the department of education under
division (B)(2) of section 3314.015 of the Revised Code will be
the practical demonstration of teaching methods, educational
technology, or other teaching practices that are included in the
curriculum of the university's teacher preparation program
approved by the state board of education;
(f) Any qualified tax-exempt entity under section 501(c)(3)
of the Internal Revenue Code as long as all of the following
conditions are satisfied:
(i) The entity has been in operation for at least five years
prior to applying to be a community school sponsor.
(ii) The entity has assets of at least five hundred thousand
dollars and a demonstrated record of financial responsibility.
(iii) The department of education has determined that the
entity is an education-oriented entity under division (B)(3) of
section 3314.015 of the Revised Code and the entity has a
demonstrated record of successful implementation of educational
programs.
(iv) The entity is not a community school.
Any entity described in division (C)(1) of this section may
enter into a preliminary agreement pursuant to division (C)(2) of
this section with the proposing person or group.
(2) A preliminary agreement indicates the intention of an
entity described in division (C)(1) of this section to sponsor the
community school. A proposing person or group that has such a
preliminary agreement may proceed to finalize plans for the
school, establish a governing authority as described in division
(E) of this section for the school, and negotiate a contract with
the entity. Provided the proposing person or group adheres to the
preliminary agreement and all provisions of this chapter, the
entity shall negotiate in good faith to enter into a contract in
accordance with section 3314.03 of the Revised Code.
(3) A new start-up school that is established in a school
district while that district is either in a state of academic
emergency or in a state of academic watch under section 3302.03 of
the Revised Code or ranked in the lowest five per cent according
to performance index score under section 3302.21 of the Revised
Code may continue in existence once the school district is no
longer in a state of academic emergency or academic watch or
ranked in the lowest five per cent according to performance index
score, provided there is a valid contract between the school and a
sponsor.
(4) A copy of every preliminary agreement entered into under
this division shall be filed with the superintendent of public
instruction.
(D) A majority vote of the board of a sponsoring entity and a
majority vote of the members of the governing authority of a
community school shall be required to adopt a contract and convert
the public school or educational service center building to a
community school or establish the new start-up school. Beginning
September 29, 2005, adoption of the contract shall occur not later
than the fifteenth day of March, and signing of the contract shall
occur not later than the fifteenth day of May, prior to the school
year in which the school will open. The governing authority shall
notify the department of education when the contract has been
signed. Subject to sections 3314.013 and 3314.016 of the Revised
Code, an unlimited number of community schools may be established
in any school district provided that a contract is entered into
for each community school pursuant to this chapter.
(E)(1) As used in this division, "immediate relatives" are
limited to spouses, children, parents, grandparents, siblings, and
in-laws.
Each new start-up community school established under this
chapter shall be under the direction of a governing authority
which shall consist of a board of not less than five individuals.
No person shall serve on the governing authority or operate
the community school under contract with the governing authority
so long as the person owes the state any money or is in a dispute
over whether the person owes the state any money concerning the
operation of a community school that has closed.
(2) No person shall serve on the governing authorities of
more than two five start-up community schools at the same time.
(3) No present or former member, or immediate relative of a
present or former member, of the governing authority of any
community school established under this chapter shall be an owner,
employee, or consultant of any sponsor or operator of a community
school, unless at least one year has elapsed since the conclusion
of the person's membership.
(4) The governing authority of a start-up community school
may provide by resolution for the compensation of its members.
However, no individual who serves on the governing authority of a
start-up community school shall be compensated more than four
hundred twenty-five dollars per meeting of that governing
authority and no such individual shall be compensated more than a
total amount of five thousand dollars per year for all governing
authorities upon which the individual serves.
(F)(1) A new start-up school that is established prior to
August 15, 2003, in an urban school district that is not also a
big-eight school district may continue to operate after that date
and the contract between the school's governing authority and the
school's sponsor may be renewed, as provided under this chapter,
after that date, but no additional new start-up schools may be
established in such a district unless the district is a challenged
school district as defined in this section as it exists on and
after that date.
(2) A community school that was established prior to June 29,
1999, and is located in a county contiguous to the pilot project
area and in a school district that is not a challenged school
district may continue to operate after that date, provided the
school complies with all provisions of this chapter. The contract
between the school's governing authority and the school's sponsor
may be renewed, but no additional start-up community school may be
established in that district unless the district is a challenged
school district.
(3) Any educational service center that, on June 30, 2007,
sponsors a community school that is not located in a county within
the territory of the service center or in a county contiguous to
such county may continue to sponsor that community school on and
after June 30, 2007, and may renew its contract with the school.
However, the educational service center shall not enter into a
contract with any additional community school unless the school is
located in a county within the territory of the service center or
in a county contiguous to such county.
Sec. 3314.029. This section establishes the Ohio school
sponsorship program. The department of education shall establish
an office of Ohio school sponsorship to perform the department's
duties prescribed by this section.
(A)(1) Notwithstanding anything to the contrary in this
chapter, but subject to section 3314.20 of the Revised Code, any
person, group of individuals, or entity may apply to the
department for direct authorization to establish a community
school and, upon approval of the application, may establish the
school. Notwithstanding anything to the contrary in this chapter,
the governing authority of an existing community school, upon the
expiration or termination of its contract with the school's
sponsor entered into under section 3314.03 of the Revised Code,
may apply to the department for direct authorization to continue
operating the school and, upon approval of the application, may
continue to operate the school.
Each application submitted to the department shall include
the following:
(a) Evidence that the applicant will be able to comply with
division (C) of this section;
(b) A statement indicating that the applicant agrees to
comply with all applicable provisions of this chapter, including
the requirement to be established as a nonprofit corporation or
public benefit corporation in accordance with division (A)(1) of
section 3314.03 of the Revised Code;
(c) A statement attesting that no unresolved finding of
recovery has been issued by the auditor of state against any
person, group of individuals, or entity that is a party to the
application and that no person who is party to the application has
been a member of the governing authority of any community school
that has permanently closed and against which an unresolved
finding of recovery has been issued by the auditor of state. In
the case of an application submitted by the governing authority of
an existing community school, a person who is party to the
application shall include each individual member of that governing
authority.
(d) A statement that the school will be nonsectarian in its
programs, admission policies, employment practices, and all other
operations, and will not be operated by a sectarian school or
religious institution;
(e) A statement of whether the school is to be created by
converting all or part of an existing public school or educational
service center building or is to be a new start-up school. If it
is a converted public school or service center building, the
statement shall include a specification of any duties or
responsibilities of an employer that the board of education or
service center governing board that operated the school or
building before conversion is delegating to the governing
authority of the community school with respect to all or any
specified group of employees, provided the delegation is not
prohibited by a collective bargaining agreement applicable to such
employees.
(f) A statement that the school's teachers will be licensed
in the manner prescribed by division (A)(10) of section 3314.03 of
the Revised Code;
(g) A statement that the school will comply with all of the
provisions of law enumerated in divisions (A)(11)(d) and (e) of
section 3314.03 of the Revised Code and of division (A)(11)(h) of
that section, if applicable;
(h) A statement that the school's graduation and curriculum
requirements will comply with division (A)(11)(f) of section
3314.03 of the Revised Code;
(i) A description of each of the following:
(i) The school's mission and educational program, the
characteristics of the students the school is expected to attract,
the ages and grade levels of students, and the focus of the
curriculum;
(ii) The school's governing authority, which shall be in
compliance with division (E) of section 3314.02 of the Revised
Code;
(iii) The school's admission and dismissal policies, which
shall be in compliance with divisions (A)(5) and (6) of section
3314.03 of the Revised Code;
(iv) The school's business plan, including a five-year
financial forecast;
(v) In the case of an application to establish a community
school, the applicant's resources and capacity to establish and
operate the school;
(vi) The school's academic goals to be achieved and the
method of measurement that will be used to determine progress
toward those goals, which shall include the statewide achievement
assessments;
(vii) The facilities to be used by the school and their
locations;
(viii) A description of the learning opportunities that will
be offered to students including both classroom-based and
nonclassroom-based learning opportunities that are in compliance
with criteria for student participation established by the
department under division (L)(2) of section 3314.08 of the Revised
Code.
(2) Subject to division (A)(3) of this section, the
department shall approve each application, unless, within thirty
days after receipt of the application, the department determines
that the application does not satisfy the requirements of division
(A)(1) of this section and provides the applicant a written
explanation of the reasons for the determination. In that case,
the department shall grant the applicant thirty days to correct
the insufficiencies in the application. If the department
determines that the insufficiencies have been corrected, it shall
approve the application. If the department determines that the
insufficiencies have not been corrected, it shall deny the
application and provide the applicant with a written explanation
of the reasons for the denial. The denial of an application may be
appealed in accordance with section 119.12 of the Revised Code.
(3) For each of five school years, beginning with the school
year that begins in the calendar year in which this section takes
effect, the department may approve up to twenty applications for
community schools to be established or to continue operation under
division (A) of this section; however, of the twenty applications
that may be approved each school year, only up to five may be for
the establishment of new schools.
(4) Notwithstanding division (A)(2) of this section, the
department may deny an application submitted by the governing
authority of an existing community school, if a previous sponsor
of that school did not renew its contract with the school entered
into under section 3314.03 of the Revised Code.
(B) The department and the governing authority of each
community school authorized under this section shall enter into a
contract under section 3314.03 of the Revised Code.
Notwithstanding division (A)(13) of that section, the contract
with an existing community school may begin at any time during the
academic year. The length of the initial contract of any community
school under this section may be for any term up to five years.
The contract may be renewed in accordance with division (E) of
that section. The contract may provide for the school's governing
authority to pay a fee for oversight and monitoring of the school
that does not exceed three per cent of the total amount of
payments for operating expenses that the school receives from the
state.
(C) The department may require a community school authorized
under this section to post and file with the superintendent of
public instruction a bond payable to the state or to file with the
state superintendent a guarantee, which shall be used to pay the
state any moneys owed by the community school in the event the
school closes.
(D) Except as otherwise provided in this section, a community
school authorized under this section shall comply with all
applicable provisions of this chapter. The department may take any
action that a sponsor may take under this chapter to enforce the
school's compliance with this division and the terms of the
contract entered into under division (B) of this section.
(E) Not later than December 31, 2012, and annually
thereafter, the department shall issue a report on the program,
including information about the number of community schools
participating in the program and their compliance with the
provisions of this chapter. In its fifth report, the department
shall include a complete evaluation of the program and
recommendations regarding the program's continuation. Each report
shall be provided to the general assembly, in accordance with
section 101.68 of the Revised Code, and to the governor.
Sec. 3314.03. A copy of every contract entered into under
this section shall be filed with the superintendent of public
instruction.
The department of education shall make available on
its web site a copy of every approved, executed contract filed
with the superintendent under this section.
(A) Each contract entered into between a sponsor and the
governing authority of a community school shall specify the
following:
(1) That the school shall be established as either of the
following:
(a) A nonprofit corporation established under Chapter 1702.
of the Revised Code, if established prior to April 8, 2003;
(b) A public benefit corporation established under Chapter
1702. of the Revised Code, if established after April 8, 2003.
(2) The education program of the school, including the
school's mission, the characteristics of the students the school
is expected to attract, the ages and grades of students, and the
focus of the curriculum;
(3) The academic goals to be achieved and the method of
measurement that will be used to determine progress toward those
goals, which shall include the statewide achievement assessments;
(4) Performance standards by which the success of the school
will be evaluated by the sponsor;
(5) The admission standards of section 3314.06 of the Revised
Code and, if applicable, section 3314.061 of the Revised Code;
(6)(a) Dismissal procedures;
(b) A requirement that the governing authority adopt an
attendance policy that includes a procedure for automatically
withdrawing a student from the school if the student without a
legitimate excuse fails to participate in one hundred five
consecutive hours of the learning opportunities offered to the
student.
(7) The ways by which the school will achieve racial and
ethnic balance reflective of the community it serves;
(8) Requirements for financial audits by the auditor of
state. The contract shall require financial records of the school
to be maintained in the same manner as are financial records of
school districts, pursuant to rules of the auditor of state.
Audits shall be conducted in accordance with section 117.10 of the
Revised Code.
(9) The facilities to be used and their locations;
(10) Qualifications of teachers, including the following:
(a) A requirement that the school's classroom teachers be
licensed in accordance with sections 3319.22 to 3319.31 of the
Revised Code, except that a community school may engage
noncertificated persons to teach up to twelve hours per week
pursuant to section 3319.301 of the Revised Code;
(b) A requirement that each classroom teacher initially hired
by the school on or after July 1, 2013, and employed to provide
instruction in physical education hold a valid license issued
pursuant to section 3319.22 of the Revised Code for teaching
physical education.
(11) That the school will comply with the following
requirements:
(a) The school will provide learning opportunities to a
minimum of twenty-five students for a minimum of nine hundred
twenty hours per school year.
(b) The governing authority will purchase liability
insurance, or otherwise provide for the potential liability of the
school.
(c) The school will be nonsectarian in its programs,
admission policies, employment practices, and all other
operations, and will not be operated by a sectarian school or
religious institution.
(d) The school will comply with sections 9.90, 9.91, 109.65,
121.22, 149.43, 2151.357, 2151.421, 2313.19, 3301.0710, 3301.0711,
3301.0712, 3301.0715, 3313.472, 3313.50, 3313.536, 3313.608,
3313.609, 3313.6012, 3313.6013, 3313.6014, 3313.6015, 3313.643,
3313.648, 3313.6411, 3313.66, 3313.661, 3313.662, 3313.666,
3313.667, 3313.67, 3313.671, 3313.672, 3313.673, 3313.69, 3313.71,
3313.716, 3313.718, 3313.719, 3313.80, 3313.814, 3313.816,
3313.817, 3313.86, 3313.96, 3319.073, 3319.321, 3319.39, 3319.391,
3319.41, 3321.01, 3321.041, 3321.13, 3321.14, 3321.17, 3321.18,
3321.19, 3321.191, 3327.10, 4111.17, 4113.52, and 5705.391 and
Chapters 117., 1347., 2744., 3365., 3742., 4112., 4123., 4141.,
and 4167. of the Revised Code as if it were a school district and
will comply with section 3301.0714 of the Revised Code in the
manner specified in section 3314.17 of the Revised Code.
(e) The school shall comply with Chapter 102. and section
2921.42 of the Revised Code.
(f) The school will comply with sections 3313.61, 3313.611,
and 3313.614 of the Revised Code, except that for students who
enter ninth grade for the first time before July 1, 2010, the
requirement in sections 3313.61 and 3313.611 of the Revised Code
that a person must successfully complete the curriculum in any
high school prior to receiving a high school diploma may be met by
completing the curriculum adopted by the governing authority of
the community school rather than the curriculum specified in Title
XXXIII of the Revised Code or any rules of the state board of
education. Beginning with students who enter ninth grade for the
first time on or after July 1, 2010, the requirement in sections
3313.61 and 3313.611 of the Revised Code that a person must
successfully complete the curriculum of a high school prior to
receiving a high school diploma shall be met by completing the
Ohio core curriculum prescribed in division (C) of section
3313.603 of the Revised Code, unless the person qualifies under
division (D) or (F) of that section. Each school shall comply with
the plan for awarding high school credit based on demonstration of
subject area competency, adopted by the state board of education
under division (J) of section 3313.603 of the Revised Code.
(g) The school governing authority will submit within four
months after the end of each school year a report of its
activities and progress in meeting the goals and standards of
divisions (A)(3) and (4) of this section and its financial status
to the sponsor and the parents of all students enrolled in the
school.
(h) The school, unless it is an internet- or computer-based
community school, will comply with sections 3313.674 and section
3313.801 of the Revised Code as if it were a school district.
(i) If the school is the recipient of moneys from a grant
awarded under the federal race to the top program, Division (A),
Title XIV, Sections 14005 and 14006 of the "American Recovery and
Reinvestment Act of 2009," Pub. L. No. 111-5, 123 Stat. 115, the
school will pay teachers based upon performance in accordance with
section 3317.141 and will comply with section 3319.111 of the
Revised Code as if it were a school district.
(12) Arrangements for providing health and other benefits to
employees;
(13) The length of the contract, which shall begin at the
beginning of an academic year. No contract shall exceed five years
unless such contract has been renewed pursuant to division (E) of
this section.
(14) The governing authority of the school, which shall be
responsible for carrying out the provisions of the contract;
(15) A financial plan detailing an estimated school budget
for each year of the period of the contract and specifying the
total estimated per pupil expenditure amount for each such year.
The plan shall specify for each year the base formula amount that
will be used for purposes of funding calculations under section
3314.08 of the Revised Code. This base formula amount for any year
shall not exceed the formula amount defined under section 3317.02
of the Revised Code. The plan may also specify for any year a
percentage figure to be used for reducing the per pupil amount of
the subsidy calculated pursuant to section 3317.029 of the Revised
Code the school is to receive that year under section 3314.08 of
the Revised Code.
(16) Requirements and procedures regarding the disposition of
employees of the school in the event the contract is terminated or
not renewed pursuant to section 3314.07 of the Revised Code;
(17) Whether the school is to be created by converting all or
part of an existing public school or educational service center
building or is to be a new start-up school, and if it is a
converted public school or service center building, specification
of any duties or responsibilities of an employer that the board of
education or service center governing board that operated the
school or building before conversion is delegating to the
governing authority of the community school with respect to all or
any specified group of employees provided the delegation is not
prohibited by a collective bargaining agreement applicable to such
employees;
(18) Provisions establishing procedures for resolving
disputes or differences of opinion between the sponsor and the
governing authority of the community school;
(19) A provision requiring the governing authority to adopt a
policy regarding the admission of students who reside outside the
district in which the school is located. That policy shall comply
with the admissions procedures specified in sections 3314.06 and
3314.061 of the Revised Code and, at the sole discretion of the
authority, shall do one of the following:
(a) Prohibit the enrollment of students who reside outside
the district in which the school is located;
(b) Permit the enrollment of students who reside in districts
adjacent to the district in which the school is located;
(c) Permit the enrollment of students who reside in any other
district in the state.
(20) A provision recognizing the authority of the department
of education to take over the sponsorship of the school in
accordance with the provisions of division (C) of section 3314.015
of the Revised Code;
(21) A provision recognizing the sponsor's authority to
assume the operation of a school under the conditions specified in
division (B) of section 3314.073 of the Revised Code;
(22) A provision recognizing both of the following:
(a) The authority of public health and safety officials to
inspect the facilities of the school and to order the facilities
closed if those officials find that the facilities are not in
compliance with health and safety laws and regulations;
(b) The authority of the department of education as the
community school oversight body to suspend the operation of the
school under section 3314.072 of the Revised Code if the
department has evidence of conditions or violations of law at the
school that pose an imminent danger to the health and safety of
the school's students and employees and the sponsor refuses to
take such action.
(23) A description of the learning opportunities that will be
offered to students including both classroom-based and
non-classroom-based learning opportunities that is in compliance
with criteria for student participation established by the
department under division (L)(2) of section 3314.08 of the Revised
Code;
(24) The school will comply with sections 3302.04 and
3302.041 of the Revised Code, except that any action required to
be taken by a school district pursuant to those sections shall be
taken by the sponsor of the school. However, the sponsor shall not
be required to take any action described in division (F) of
section 3302.04 of the Revised Code.
(25) Beginning in the 2006-2007 school year, the school will
open for operation not later than the thirtieth day of September
each school year, unless the mission of the school as specified
under division (A)(2) of this section is solely to serve dropouts.
In its initial year of operation, if the school fails to open by
the thirtieth day of September, or within one year after the
adoption of the contract pursuant to division (D) of section
3314.02 of the Revised Code if the mission of the school is solely
to serve dropouts, the contract shall be void.
(B) The community school shall also submit to the sponsor a
comprehensive plan for the school. The plan shall specify the
following:
(1) The process by which the governing authority of the
school will be selected in the future;
(2) The management and administration of the school;
(3) If the community school is a currently existing public
school or educational service center building, alternative
arrangements for current public school students who choose not to
attend the converted school and for teachers who choose not to
teach in the school or building after conversion;
(4) The instructional program and educational philosophy of
the school;
(5) Internal financial controls.
(C) A contract entered into under section 3314.02 of the
Revised Code between a sponsor and the governing authority of a
community school may provide for the community school governing
authority to make payments to the sponsor, which is hereby
authorized to receive such payments as set forth in the contract
between the governing authority and the sponsor. The total amount
of such payments for oversight and monitoring of the school shall
not exceed three per cent of the total amount of payments for
operating expenses that the school receives from the state.
(D) The contract shall specify the duties of the sponsor
which shall be in accordance with the written agreement entered
into with the department of education under division (B) of
section 3314.015 of the Revised Code and shall include the
following:
(1) Monitor the community school's compliance with all laws
applicable to the school and with the terms of the contract;
(2) Monitor and evaluate the academic and fiscal performance
and the organization and operation of the community school on at
least an annual basis;
(3) Report on an annual basis the results of the evaluation
conducted under division (D)(2) of this section to the department
of education and to the parents of students enrolled in the
community school;
(4) Provide technical assistance to the community school in
complying with laws applicable to the school and terms of the
contract;
(5) Take steps to intervene in the school's operation to
correct problems in the school's overall performance, declare the
school to be on probationary status pursuant to section 3314.073
of the Revised Code, suspend the operation of the school pursuant
to section 3314.072 of the Revised Code, or terminate the contract
of the school pursuant to section 3314.07 of the Revised Code as
determined necessary by the sponsor;
(6) Have in place a plan of action to be undertaken in the
event the community school experiences financial difficulties or
closes prior to the end of a school year.
(E) Upon the expiration of a contract entered into under this
section, the sponsor of a community school may, with the approval
of the governing authority of the school, renew that contract for
a period of time determined by the sponsor, but not ending earlier
than the end of any school year, if the sponsor finds that the
school's compliance with applicable laws and terms of the contract
and the school's progress in meeting the academic goals prescribed
in the contract have been satisfactory. Any contract that is
renewed under this division remains subject to the provisions of
sections 3314.07, 3314.072, and 3314.073 of the Revised Code.
(F) If a community school fails to open for operation within
one year after the contract entered into under this section is
adopted pursuant to division (D) of section 3314.02 of the Revised
Code or permanently closes prior to the expiration of the
contract, the contract shall be void and the school shall not
enter into a contract with any other sponsor. A school shall not
be considered permanently closed because the operations of the
school have been suspended pursuant to section 3314.072 of the
Revised Code.
Sec. 3314.06. The governing authority of each community
school established under this chapter shall adopt admission
procedures that specify the following:
(A) That, except as otherwise provided in this section,
admission to the school shall be open to any individual age five
to twenty-two entitled to attend school pursuant to section
3313.64 or 3313.65 of the Revised Code in a school district in the
state.
An individual younger than five years of age may be admitted
to the school in accordance with division (A)(2) of section
3321.01 of the Revised Code.
(B)(1) That admission to the school may be limited to
students who have attained a specific grade level or are within a
specific age group; to students that meet a definition of
"at-risk," as defined in the contract; to residents of a specific
geographic area within the district, as defined in the contract;
or to separate groups of autistic students and nondisabled
students, as authorized in section 3314.061 of the Revised Code
and as defined in the contract.
(2) For purposes of division (B)(1) of this section,
"at-risk" students may include those students identified as gifted
students under section 3324.03 of the Revised Code.
(C) Whether enrollment is limited to students who reside in
the district in which the school is located or is open to
residents of other districts, as provided in the policy adopted
pursuant to the contract.
(D)(1) That there will be no discrimination in the admission
of students to the school on the basis of race, creed, color,
disability, or sex except that:
(a) The governing authority may establish single-gender
schools do either of the following for the purpose described in
division (G) of this section:
(i) Establish a single-gender school for either sex;
(ii) Establish single-gender schools for each sex under the
same contract, provided
comparable substantially equal facilities
and learning opportunities are offered for both boys and girls.
Such comparable facilities and opportunities may be offered for
each sex at separate locations.
(b) The governing authority may establish a school that
simultaneously serves a group of students identified as autistic
and a group of students who are not disabled, as authorized in
section 3314.061 of the Revised Code. However, unless the total
capacity established for the school has been filled, no student
with any disability shall be denied admission on the basis of that
disability.
(2) That upon admission of any student with a disability, the
community school will comply with all federal and state laws
regarding the education of students with disabilities.
(E) That the school may not limit admission to students on
the basis of intellectual ability, measures of achievement or
aptitude, or athletic ability, except that a school may limit its
enrollment to students as described in division (B) of this
section.
(F) That the community school will admit the number of
students that does not exceed the capacity of the school's
programs, classes, grade levels, or facilities.
(G) That the purpose of single-gender schools that are
established shall be to take advantage of the academic benefits
some students realize from single-gender instruction and
facilities and to offer students and parents residing in the
district the option of a single-gender education.
(H) That, except as otherwise provided under division (B) of
this section or section 3314.061 of the Revised Code, if the
number of applicants exceeds the capacity restrictions of division
(F) of this section, students shall be admitted by lot from all
those submitting applications, except preference shall be given to
students attending the school the previous year and to students
who reside in the district in which the school is located.
Preference may be given to siblings of students attending the
school the previous year.
Notwithstanding divisions (A) to (H) of this section, in the
event the racial composition of the enrollment of the community
school is violative of a federal desegregation order, the
community school shall take any and all corrective measures to
comply with the desegregation order.
Sec. 3314.08. The deductions under division (C) and the
payments under division (D) of this section for fiscal years 2012
and 2013 shall be made in accordance with section 3314.088 of the
Revised Code.
(A) As used in this section:
(1) "Base formula amount" means the amount specified as such
in a community school's financial plan for a school year pursuant
to division (A)(15) of section 3314.03 of the Revised Code.
(2) "IEP" has the same meaning as in section 3323.01 of the
Revised Code.
(3) "Applicable special education weight" means the multiple
specified in section 3317.013 of the Revised Code for a disability
described in that section.
(4) "Applicable vocational education weight" means:
(a) For a student enrolled in vocational education programs
or classes described in division (A) of section 3317.014 of the
Revised Code, the multiple specified in that division;
(b) For a student enrolled in vocational education programs
or classes described in division (B) of section 3317.014 of the
Revised Code, the multiple specified in that division.
(5) "Entitled to attend school" means entitled to attend
school in a district under section 3313.64 or 3313.65 of the
Revised Code.
(6) A community school student is "included in the poverty
student count" of a school district if the student is entitled to
attend school in the district and the student's family receives
assistance under the Ohio works first program.
(7) "Poverty-based assistance reduction factor" means the
percentage figure, if any, for reducing the per pupil amount of
poverty-based assistance a community school is entitled to receive
pursuant to divisions (D)(5) to (9) of this section in any year,
as specified in the school's financial plan for the year pursuant
to division (A)(15) of section 3314.03 of the Revised Code.
(8) "All-day kindergarten" has the same meaning as in section
3321.05 of the Revised Code.
(9) "State education aid" has the same meaning as in section
5751.20 of the Revised Code.
(B) The state board of education shall adopt rules requiring
both of the following:
(1) The board of education of each city, exempted village,
and local school district to annually report the number of
students entitled to attend school in the district who are
enrolled in grades one through twelve in a community school
established under this chapter, the number of students entitled to
attend school in the district who are enrolled in kindergarten in
a community school, the number of those kindergartners who are
enrolled in all-day kindergarten in their community school, and
for each child, the community school in which the child is
enrolled.
(2) The governing authority of each community school
established under this chapter to annually report all of the
following:
(a) The number of students enrolled in grades one through
twelve and the number of students enrolled in kindergarten in the
school who are not receiving special education and related
services pursuant to an IEP;
(b) The number of enrolled students in grades one through
twelve and the number of enrolled students in kindergarten, who
are receiving special education and related services pursuant to
an IEP;
(c) The number of students reported under division (B)(2)(b)
of this section receiving special education and related services
pursuant to an IEP for a disability described in each of divisions
(A) to (F) of section 3317.013 of the Revised Code;
(d) The full-time equivalent number of students reported
under divisions (B)(2)(a) and (b) of this section who are enrolled
in vocational education programs or classes described in each of
divisions (A) and (B) of section 3317.014 of the Revised Code that
are provided by the community school;
(e) Twenty per cent of the number of students reported under
divisions (B)(2)(a) and (b) of this section who are not reported
under division (B)(2)(d) of this section but who are enrolled in
vocational education programs or classes described in each of
divisions (A) and (B) of section 3317.014 of the Revised Code at a
joint vocational school district under a contract between the
community school and the joint vocational school district and are
entitled to attend school in a city, local, or exempted village
school district whose territory is part of the territory of the
joint vocational school district;
(f) The number of enrolled preschool children with
disabilities receiving special education services in a
state-funded unit;
(g) The community school's base formula amount;
(h) For each student, the city, exempted village, or local
school district in which the student is entitled to attend school;
(i) Any poverty-based assistance reduction factor that
applies to a school year.
A school district board and a community school governing
authority shall include in their respective reports under division
(B) of this section any child admitted in accordance with division
(A)(2) of section 3321.01 of the Revised Code.
(C) From the state education aid calculated for a city,
exempted village, or local school district and, if necessary, from
the payment made to the district under sections 321.24 and 323.156
of the Revised Code, the department of education shall annually
subtract the sum of the amounts described in divisions (C)(1) to
(9) of this section. However, when deducting payments on behalf of
students enrolled in internet- or computer-based community
schools, the department shall deduct only those amounts described
in divisions (C)(1) and (2) of this section. Furthermore, the
aggregate amount deducted under this division shall not exceed the
sum of the district's state education aid and its payment under
sections 321.24 and 323.156 of the Revised Code.
(1) An amount equal to the sum of the amounts obtained when,
for each community school where the district's students are
enrolled, the number of the district's students reported under
divisions (B)(2)(a), (b), and (e) of this section who are enrolled
in grades one through twelve, and one-half the number of students
reported under those divisions who are enrolled in kindergarten,
in that community school is multiplied by the sum of the base
formula amount of that community school plus the per pupil amount
of the base funding supplements specified in divisions (C)(1) to
(4) of section 3317.012 of the Revised Code.
(2) The sum of the amounts calculated under divisions
(C)(2)(a) and (b) of this section:
(a) For each of the district's students reported under
division (B)(2)(c) of this section as enrolled in a community
school in grades one through twelve and receiving special
education and related services pursuant to an IEP for a disability
described in section 3317.013 of the Revised Code, the product of
the applicable special education weight times the community
school's base formula amount;
(b) For each of the district's students reported under
division (B)(2)(c) of this section as enrolled in kindergarten in
a community school and receiving special education and related
services pursuant to an IEP for a disability described in section
3317.013 of the Revised Code, one-half of the amount calculated as
prescribed in division (C)(2)(a) of this section.
(3) For each of the district's students reported under
division (B)(2)(d) of this section for whom payment is made under
division (D)(4) of this section, the amount of that payment;
(4) An amount equal to the sum of the amounts obtained when,
for each community school where the district's students are
enrolled, the number of the district's students enrolled in that
community school who are included in the district's poverty
student count is multiplied by the per pupil amount of
poverty-based assistance the school district receives that year
pursuant to division (C) of section 3317.029 of the Revised Code,
as adjusted by any poverty-based assistance reduction factor of
that community school. The per pupil amount of that aid for the
district shall be calculated by the department.
(5) An amount equal to the sum of the amounts obtained when,
for each community school where the district's students are
enrolled, the district's per pupil amount of aid received under
division (E) of section 3317.029 of the Revised Code, as adjusted
by any poverty-based assistance reduction factor of the community
school, is multiplied by the sum of the following:
(a) The number of the district's students reported under
division (B)(2)(a) of this section who are enrolled in grades one
to three in that community school and who are not receiving
special education and related services pursuant to an IEP;
(b) One-half of the district's students who are enrolled in
all-day or any other kindergarten class in that community school
and who are not receiving special education and related services
pursuant to an IEP;
(c) One-half of the district's students who are enrolled in
all-day kindergarten in that community school and who are not
receiving special education and related services pursuant to an
IEP.
The district's per pupil amount of aid under division (E) of
section 3317.029 of the Revised Code is the quotient of the amount
the district received under that division divided by the
district's kindergarten through third grade ADM, as defined in
that section.
(6) An amount equal to the sum of the amounts obtained when,
for each community school where the district's students are
enrolled, the district's per pupil amount received under division
(F) of section 3317.029 of the Revised Code, as adjusted by any
poverty-based assistance reduction factor of that community
school, is multiplied by the number of the district's students
enrolled in the community school who are identified as
limited-English proficient.
(7) An amount equal to the sum of the amounts obtained when,
for each community school where the district's students are
enrolled, the district's per pupil amount received under division
(G) of section 3317.029 of the Revised Code, as adjusted by any
poverty-based assistance reduction factor of that community
school, is multiplied by the sum of the following:
(a) The number of the district's students enrolled in grades
one through twelve in that community school;
(b) One-half of the number of the district's students
enrolled in kindergarten in that community school.
The district's per pupil amount under division (G) of section
3317.029 of the Revised Code is the district's amount per teacher
calculated under division (G)(1) or (2) of that section divided by
17.
(8) An amount equal to the sum of the amounts obtained when,
for each community school where the district's students are
enrolled, the district's per pupil amount received under divisions
(H) and (I) of section 3317.029 of the Revised Code, as adjusted
by any poverty-based assistance reduction factor of that community
school, is multiplied by the sum of the following:
(a) The number of the district's students enrolled in grades
one through twelve in that community school;
(b) One-half of the number of the district's students
enrolled in kindergarten in that community school.
The district's per pupil amount under divisions (H) and (I)
of section 3317.029 of the Revised Code is the amount calculated
under each division divided by the district's formula ADM, as
defined in section 3317.02 of the Revised Code.
(9) An amount equal to the per pupil state parity aid funding
calculated for the school district under either division (C) or
(D) of section 3317.0217 of the Revised Code multiplied by the sum
of the number of students in grades one through twelve, and
one-half of the number of students in kindergarten, who are
entitled to attend school in the district and are enrolled in a
community school as reported under division (B)(1) of this
section.
(D) The department shall annually pay to a community school
established under this chapter the sum of the amounts described in
divisions (D)(1) to (10) of this section. However, the department
shall calculate and pay to each internet- or computer-based
community school only the amounts described in divisions (D)(1) to
(3) of this section. Furthermore, the sum of the payments to all
community schools under divisions (D)(1), (2), and (4) to (10) of
this section for the students entitled to attend school in any
particular school district shall not exceed the sum of that
district's state education aid and its payment under sections
321.24 and 323.156 of the Revised Code. If the sum of the payments
calculated under those divisions for the students entitled to
attend school in a particular school district exceeds the sum of
that district's state education aid and its payment under sections
321.24 and 323.156 of the Revised Code, the department shall
calculate and apply a proration factor to the payments to all
community schools under those divisions for the students entitled
to attend school in that district.
(1) An amount equal to the sum of the amounts obtained when
the number of students enrolled in grades one through twelve, plus
one-half of the kindergarten students in the school, reported
under divisions (B)(2)(a), (b), and (e) of this section who are
not receiving special education and related services pursuant to
an IEP for a disability described in section 3317.013 of the
Revised Code is multiplied by the sum of the community school's
base formula amount plus the per pupil amount of the base funding
supplements specified in divisions (C)(1) to (4) of section
3317.012 of the Revised Code.
(2) The sum of the following amounts:
(a) For each student reported under division (B)(2)(c) of
this section as enrolled in the school in grades one through
twelve and receiving special education and related services
pursuant to an IEP for a disability described in section 3317.013
of the Revised Code, the following amount:
(the school's base formula amount plus
the per pupil amount of the base funding supplements specified in
divisions (C)(1) to (4) of section 3317.012 of the Revised Code)
+ (the applicable special education weight X the
community school's base formula amount);
(b) For each student reported under division (B)(2)(c) of
this section as enrolled in kindergarten and receiving special
education and related services pursuant to an IEP for a disability
described in section 3317.013 of the Revised Code, one-half of the
amount calculated under the formula prescribed in division
(D)(2)(a) of this section.
(3) An amount received from federal funds to provide special
education and related services to students in the community
school, as determined by the superintendent of public instruction.
(4) For each student reported under division (B)(2)(d) of
this section as enrolled in vocational education programs or
classes that are described in section 3317.014 of the Revised
Code, are provided by the community school, and are comparable as
determined by the superintendent of public instruction to school
district vocational education programs and classes eligible for
state weighted funding under section 3317.014 of the Revised Code,
an amount equal to the applicable vocational education weight
times the community school's base formula amount times the
percentage of time the student spends in the vocational education
programs or classes.
(5) An amount equal to the sum of the amounts obtained when,
for each school district where the community school's students are
entitled to attend school, the number of that district's students
enrolled in the community school who are included in the
district's poverty student count is multiplied by the per pupil
amount of poverty-based assistance that school district receives
that year pursuant to division (C) of section 3317.029 of the
Revised Code, as adjusted by any poverty-based assistance
reduction factor of the community school. The per pupil amount of
aid shall be determined as described in division (C)(4) of this
section.
(6) An amount equal to the sum of the amounts obtained when,
for each school district where the community school's students are
entitled to attend school, the district's per pupil amount of aid
received under division (E) of section 3317.029 of the Revised
Code, as adjusted by any poverty-based assistance reduction factor
of the community school, is multiplied by the sum of the
following:
(a) The number of the district's students reported under
division (B)(2)(a) of this section who are enrolled in grades one
to three in that community school and who are not receiving
special education and related services pursuant to an IEP;
(b) One-half of the district's students who are enrolled in
all-day or any other kindergarten class in that community school
and who are not receiving special education and related services
pursuant to an IEP;
(c) One-half of the district's students who are enrolled in
all-day kindergarten in that community school and who are not
receiving special education and related services pursuant to an
IEP.
The district's per pupil amount of aid under division (E) of
section 3317.029 of the Revised Code shall be determined as
described in division (C)(5) of this section.
(7) An amount equal to the sum of the amounts obtained when,
for each school district where the community school's students are
entitled to attend school, the number of that district's students
enrolled in the community school who are identified as
limited-English proficient is multiplied by the district's per
pupil amount received under division (F) of section 3317.029 of
the Revised Code, as adjusted by any poverty-based assistance
reduction factor of the community school.
(8) An amount equal to the sum of the amounts obtained when,
for each school district where the community school's students are
entitled to attend school, the district's per pupil amount
received under division (G) of section 3317.029 of the Revised
Code, as adjusted by any poverty-based assistance reduction factor
of the community school, is multiplied by the sum of the
following:
(a) The number of the district's students enrolled in grades
one through twelve in that community school;
(b) One-half of the number of the district's students
enrolled in kindergarten in that community school.
The district's per pupil amount under division (G) of section
3317.029 of the Revised Code shall be determined as described in
division (C)(7) of this section.
(9) An amount equal to the sum of the amounts obtained when,
for each school district where the community school's students are
entitled to attend school, the district's per pupil amount
received under divisions (H) and (I) of section 3317.029 of the
Revised Code, as adjusted by any poverty-based assistance
reduction factor of the community school, is multiplied by the sum
of the following:
(a) The number of the district's students enrolled in grades
one through twelve in that community school;
(b) One-half of the number of the district's students
enrolled in kindergarten in that community school.
The district's per pupil amount under divisions (H) and (I)
of section 3317.029 of the Revised Code shall be determined as
described in division (C)(8) of this section.
(10) An amount equal to the sum of the amounts obtained when,
for each school district where the community school's students are
entitled to attend school, the district's per pupil amount of
state parity aid funding calculated under either division (C) or
(D) of section 3317.0217 of the Revised Code is multiplied by the
sum of the number of that district's students enrolled in grades
one through twelve, and one-half of the number of that district's
students enrolled in kindergarten, in the community school as
reported under divisions (B)(2)(a) and (b) of this section.
(E)(1) If a community school's costs for a fiscal year for a
student receiving special education and related services pursuant
to an IEP for a disability described in divisions (B) to (F) of
section 3317.013 of the Revised Code exceed the threshold
catastrophic cost for serving the student as specified in division
(C)(3)(b) of section 3317.022 of the Revised Code, the school may
submit to the superintendent of public instruction documentation,
as prescribed by the superintendent, of all its costs for that
student. Upon submission of documentation for a student of the
type and in the manner prescribed, the department shall pay to the
community school an amount equal to the school's costs for the
student in excess of the threshold catastrophic costs.
(2) The community school shall only report under division
(E)(1) of this section, and the department shall only pay for, the
costs of educational expenses and the related services provided to
the student in accordance with the student's individualized
education program. Any legal fees, court costs, or other costs
associated with any cause of action relating to the student may
not be included in the amount.
(F) A community school may apply to the department of
education for preschool children with disabilities unit funding
the school would receive if it were a school district. Upon
request of its governing authority, a community school that
received such unit funding as a school district-operated school
before it became a community school shall retain any units awarded
to it as a school district-operated school provided the school
continues to meet eligibility standards for the unit.
A community school shall be considered a school district and
its governing authority shall be considered a board of education
for the purpose of applying to any state or federal agency for
grants that a school district may receive under federal or state
law or any appropriations act of the general assembly. The
governing authority of a community school may apply to any private
entity for additional funds.
(G) A board of education sponsoring a community school may
utilize local funds to make enhancement grants to the school or
may agree, either as part of the contract or separately, to
provide any specific services to the community school at no cost
to the school.
(H) A community school may not levy taxes or issue bonds
secured by tax revenues.
(I) No community school shall charge tuition for the
enrollment of any student.
(J)(1)(a) A community school may borrow money to pay any
necessary and actual expenses of the school in anticipation of the
receipt of any portion of the payments to be received by the
school pursuant to division (D) of this section. The school may
issue notes to evidence such borrowing. The proceeds of the notes
shall be used only for the purposes for which the anticipated
receipts may be lawfully expended by the school.
(b) A school may also borrow money for a term not to exceed
fifteen years for the purpose of acquiring facilities.
(2) Except for any amount guaranteed under section 3318.50 of
the Revised Code, the state is not liable for debt incurred by the
governing authority of a community school.
(K) For purposes of determining the number of students for
which divisions (D)(5) and (6) of this section applies in any
school year, a community school may submit to the department of
job and family services, no later than the first day of March, a
list of the students enrolled in the school. For each student on
the list, the community school shall indicate the student's name,
address, and date of birth and the school district where the
student is entitled to attend school. Upon receipt of a list under
this division, the department of job and family services shall
determine, for each school district where one or more students on
the list is entitled to attend school, the number of students
residing in that school district who were included in the
department's report under section 3317.10 of the Revised Code. The
department shall make this determination on the basis of
information readily available to it. Upon making this
determination and no later than ninety days after submission of
the list by the community school, the department shall report to
the state department of education the number of students on the
list who reside in each school district who were included in the
department's report under section 3317.10 of the Revised Code. In
complying with this division, the department of job and family
services shall not report to the state department of education any
personally identifiable information on any student.
(L) The department of education shall adjust the amounts
subtracted and paid under divisions (C) and (D) of this section to
reflect any enrollment of students in community schools for less
than the equivalent of a full school year. The state board of
education within ninety days after April 8, 2003, shall adopt in
accordance with Chapter 119. of the Revised Code rules governing
the payments to community schools under this section and section
3314.13 of the Revised Code including initial payments in a school
year and adjustments and reductions made in subsequent periodic
payments to community schools and corresponding deductions from
school district accounts as provided under divisions (C) and (D)
of this section and section 3314.13 of the Revised Code. For
purposes of this section and section 3314.13 of the Revised Code:
(1) A student shall be considered enrolled in the community
school for any portion of the school year the student is
participating at a college under Chapter 3365. of the Revised
Code.
(2) A student shall be considered to be enrolled in a
community school for the period of time beginning on the later of
the date on which the school both has received documentation of
the student's enrollment from a parent and the student has
commenced participation in learning opportunities as defined in
the contract with the sponsor, or thirty days prior to the date on
which the student is entered into the education management
information system established under section 3301.0714 of the
Revised Code. For purposes of applying this division and divisions
(L)(3) and (4) of this section to a community school student,
"learning opportunities" shall be defined in the contract, which
shall describe both classroom-based and non-classroom-based
learning opportunities and shall be in compliance with criteria
and documentation requirements for student participation which
shall be established by the department. Any student's instruction
time in non-classroom-based learning opportunities shall be
certified by an employee of the community school. A student's
enrollment shall be considered to cease on the date on which any
of the following occur:
(a) The community school receives documentation from a parent
terminating enrollment of the student.
(b) The community school is provided documentation of a
student's enrollment in another public or private school.
(c) The community school ceases to offer learning
opportunities to the student pursuant to the terms of the contract
with the sponsor or the operation of any provision of this
chapter.
Except as otherwise specified in this paragraph, beginning in
the 2011-2012 school year, any student who completed the prior
school year in an internet- or computer-based community school
shall be considered to be enrolled in the same school in the
subsequent school year until the student's enrollment has ceased
as specified in division (L)(2) of this section. The department
shall continue subtracting and paying amounts for the student
under divisions (C) and (D) of this section without interruption
at the start of the subsequent school year. However, if the
student without a legitimate excuse fails to participate in the
first one hundred five consecutive hours of learning opportunities
offered to the student in that subsequent school year, the student
shall be considered not to have re-enrolled in the school for that
school year and the department shall recalculate the payments to
the school for that school year to account for the fact that the
student is not enrolled.
(3) The department shall determine each community school
student's percentage of full-time equivalency based on the
percentage of learning opportunities offered by the community
school to that student, reported either as number of hours or
number of days, is of the total learning opportunities offered by
the community school to a student who attends for the school's
entire school year. However, no internet- or computer-based
community school shall be credited for any time a student spends
participating in learning opportunities beyond ten hours within
any period of twenty-four consecutive hours. Whether it reports
hours or days of learning opportunities, each community school
shall offer not less than nine hundred twenty hours of learning
opportunities during the school year.
(4) With respect to the calculation of full-time equivalency
under division (L)(3) of this section, the department shall waive
the number of hours or days of learning opportunities not offered
to a student because the community school was closed during the
school year due to disease epidemic, hazardous weather conditions,
law enforcement emergencies, inoperability of school buses or
other equipment necessary to the school's operation, damage to a
school building, or other temporary circumstances due to utility
failure rendering the school building unfit for school use, so
long as the school was actually open for instruction with students
in attendance during that school year for not less than the
minimum number of hours required by this chapter. The department
shall treat the school as if it were open for instruction with
students in attendance during the hours or days waived under this
division.
(M) The department of education shall reduce the amounts paid
under division (D) of this section to reflect payments made to
colleges under division (B) of section 3365.07 of the Revised Code
or through alternative funding agreements entered into under rules
adopted under section 3365.12 of the Revised Code.
(N)(1) No student shall be considered enrolled in any
internet- or computer-based community school or, if applicable to
the student, in any community school that is required to provide
the student with a computer pursuant to division (C) of section
3314.22 of the Revised Code, unless both of the following
conditions are satisfied:
(a) The student possesses or has been provided with all
required hardware and software materials and all such materials
are operational so that the student is capable of fully
participating in the learning opportunities specified in the
contract between the school and the school's sponsor as required
by division (A)(23) of section 3314.03 of the Revised Code;
(b) The school is in compliance with division (A) of section
3314.22 of the Revised Code, relative to such student.
(2) In accordance with policies adopted jointly by the
superintendent of public instruction and the auditor of state, the
department shall reduce the amounts otherwise payable under
division (D) of this section to any community school that includes
in its program the provision of computer hardware and software
materials to any student, if such hardware and software materials
have not been delivered, installed, and activated for each such
student in a timely manner or other educational materials or
services have not been provided according to the contract between
the individual community school and its sponsor.
The superintendent of public instruction and the auditor of
state shall jointly establish a method for auditing any community
school to which this division pertains to ensure compliance with
this section.
The superintendent, auditor of state, and the governor shall
jointly make recommendations to the general assembly for
legislative changes that may be required to assure fiscal and
academic accountability for such schools.
(O)(1) If the department determines that a review of a
community school's enrollment is necessary, such review shall be
completed and written notice of the findings shall be provided to
the governing authority of the community school and its sponsor
within ninety days of the end of the community school's fiscal
year, unless extended for a period not to exceed thirty additional
days for one of the following reasons:
(a) The department and the community school mutually agree to
the extension.
(b) Delays in data submission caused by either a community
school or its sponsor.
(2) If the review results in a finding that additional
funding is owed to the school, such payment shall be made within
thirty days of the written notice. If the review results in a
finding that the community school owes moneys to the state, the
following procedure shall apply:
(a) Within ten business days of the receipt of the notice of
findings, the community school may appeal the department's
determination to the state board of education or its designee.
(b) The board or its designee shall conduct an informal
hearing on the matter within thirty days of receipt of such an
appeal and shall issue a decision within fifteen days of the
conclusion of the hearing.
(c) If the board has enlisted a designee to conduct the
hearing, the designee shall certify its decision to the board. The
board may accept the decision of the designee or may reject the
decision of the designee and issue its own decision on the matter.
(d) Any decision made by the board under this division is
final.
(3) If it is decided that the community school owes moneys to
the state, the department shall deduct such amount from the
school's future payments in accordance with guidelines issued by
the superintendent of public instruction.
(P) The department shall not subtract from a school
district's state aid account under division (C) of this section
and shall not pay to a community school under division (D) of this
section any amount for any of the following:
(1) Any student who has graduated from the twelfth grade of a
public or nonpublic high school;
(2) Any student who is not a resident of the state;
(3) Any student who was enrolled in the community school
during the previous school year when assessments were administered
under section 3301.0711 of the Revised Code but did not take one
or more of the assessments required by that section and was not
excused pursuant to division (C)(1) or (3) of that section, unless
the superintendent of public instruction grants the student a
waiver from the requirement to take the assessment and a parent is
not paying tuition for the student pursuant to section 3314.26 of
the Revised Code. The superintendent may grant a waiver only for
good cause in accordance with rules adopted by the state board of
education.
(4) Any student who has attained the age of twenty-two years,
except for veterans of the armed services whose attendance was
interrupted before completing the recognized twelve-year course of
the public schools by reason of induction or enlistment in the
armed forces and who apply for enrollment in a community school
not later than four years after termination of war or their
honorable discharge. If, however, any such veteran elects to
enroll in special courses organized for veterans for whom tuition
is paid under federal law, or otherwise, the department shall not
subtract from a school district's state aid account under division
(C) of this section and shall not pay to a community school under
division (D) of this section any amount for that veteran.
Sec. 3314.11. (A) The board of education of each city,
exempted village, and local school district monthly shall review
enrollment for students enrolled in community schools established
under this chapter and entitled to attend school in the district
under section 3313.64 or 3313.65 of the Revised Code. For each
student, the district shall verify to the department of education
both of the following:
(1) The community school in which the student is enrolled;
(2) That the student is entitled to attend school in the
district under section 3313.64 or 3313.65 of the Revised Code.
(B) For purposes of its initial reporting of the school
districts its students are entitled to attend, the governing
authority of a community school may adopt a policy that prescribes
the number of documents listed in division (E) of this section
required to verify a student's residency. This policy, if adopted,
shall supersede any policy concerning the number of documents for
initial residency verification adopted by the district the student
is entitled to attend. If a community school does not adopt a
policy under this division, the policy of the school district in
which the student is entitled to attend shall prevail.
(C) In making the determinations under this section, the
school district in which a parent or child resides is the location
the parent or student has established as the primary residence and
where substantial family activity takes place.
(D) If a district's determination under division (A) of this
section of the school district a student is entitled to attend
under section 3313.64 or 3313.65 of the Revised Code differs from
a community school's determination under division (B) of this
section, the community school shall provide the school district
that made the determination under division (A) of this section
with documentation of the student's residency and shall make a
good faith effort to accurately identify the correct residence of
the student.
(E) For purposes of this section, the following documents may
serve as evidence of primary residence:
(1) A deed, mortgage, lease, current home owner's or renter's
insurance declaration page, or current real property tax bill;
(2) A utility bill or receipt of utility installation issued
within ninety days of enrollment;
(3) A paycheck or paystub issued to the parent or student
within ninety days of the date of enrollment that includes the
address of the parent's or student's primary residence;
(4) The most current available bank statement issued to the
parent or student that includes the address of the parent's or
student's primary residence;
(5) Any other official document issued to the parent or
student that includes the address of the parent's or student's
primary residence. The superintendent of public instruction shall
develop guidelines for determining what qualifies as an "official
document" under this division.
(F) When a student loses permanent housing and becomes a
homeless child or youth, as defined in 42 U.S.C. 11434a, or when a
child who is such a homeless child or youth changes temporary
living arrangements, the district in which the student is entitled
to attend school shall be determined in accordance with division
(F)(13) of section 3313.64 of the Revised Code and the
"McKinney-Vento Homeless Assistance Act," 42 U.S.C. 11431 et seq.
(G) In the event of a disagreement as to which school
district a student is entitled to attend, the community school,
after complying with division (D) of this section, but not more
than sixty days after the monthly deadline established by the
department of education for reporting of community school
enrollment, may present the matter to the superintendent of public
instruction. Not later than thirty days after the community school
presents the matter, the state superintendent, or the state
superintendent's designee, shall determine which district the
student is entitled to attend and shall direct any necessary
adjustments to payments and deductions under sections 3314.08 and
3314.13 of the Revised Code based on that determination.
Sec. 3314.15. The governing authority of a community school,
other than an internet- or computer-based community school, may
screen students for body mass index and weight status category. If
a governing authority elects to require the screenings, it shall
comply with section 3313.674 of the Revised Code in the same
manner required of a school district board of education.
Sec. 3314.17. (A) Each community school established under
this chapter shall participate in the statewide education
management information system established under section 3301.0714
of the Revised Code. All provisions of that section and the rules
adopted under that section apply to each community school as if it
were a school district, except as modified for community schools
under division (B) of this section. Each community school shall
comply with division (B)(C) of section 3301.0723 of the Revised
Code.
(B) The rules adopted by the state board of education under
section 3301.0714 of the Revised Code may distinguish methods and
timelines for community schools to annually report data, which
methods and timelines differ from those prescribed for school
districts. Any methods and timelines prescribed for community
schools shall be appropriate to the academic schedule and
financing of community schools. The guidelines, however, shall not
modify the actual data required to be reported under that section.
(C) Each fiscal officer appointed under section 3314.011 of
the Revised Code is responsible for annually reporting the
community school's data under section 3301.0714 of the Revised
Code. If the superintendent of public instruction determines that
a community school fiscal officer has willfully failed to report
data or has willfully reported erroneous, inaccurate, or
incomplete data in any year, or has negligently reported
erroneous, inaccurate, or incomplete data in the current and any
previous year, the superintendent may impose a civil penalty of
one hundred dollars on the fiscal officer after providing the
officer with notice and an opportunity for a hearing in accordance
with Chapter 119. of the Revised Code. The superintendent's
authority to impose civil penalties under this division does not
preclude the state board of education from suspending or revoking
the license of a community school employee under division (N) of
section 3301.0714 of the Revised Code.
(D) No community school shall acquire, change, or update its
student administration software package to manage and report data
required to be reported to the department unless it converts to a
student software package that is certified by the department.
Sec. 3314.18. (A) Subject to division (C) of this section,
the governing authority of each community school shall establish a
breakfast program pursuant to the "National School Lunch Act," 60
Stat. 230 (1946), 42 U.S.C. 1751, as amended, and the "Child
Nutrition Act of 1966," 80 Stat. 885, 42 U.S.C. 1771, as amended,
if at least one-fifth of the pupils in the school are eligible
under federal requirements for free breakfasts, and shall
establish a lunch program pursuant to those acts if at least
one-fifth of the pupils are eligible for free lunches. The
governing authority required to establish a breakfast program
under this division may make a charge in accordance with federal
requirements for each reduced price breakfast or paid breakfast to
cover the cost incurred in providing that meal.
(B) Subject to division (C) of this section, the governing
authority of each community school shall establish one of the
following for summer intervention services described in division
(D) of section 3301.0711 and or provided under section 3313.608 of
the Revised Code, and any other summer intervention program
required by law:
(1) An extension of the school breakfast program pursuant to
the "National School Lunch Act" and the "Child Nutrition Act of
1966";
(2) An extension of the school lunch program pursuant to
those acts;
(3) A summer food service program pursuant to those acts.
(C) If the governing authority of a community school
determines that, for financial reasons, it cannot comply with
division (A) or (B) of this section, the governing authority may
choose not to comply with either or both divisions. In that case,
the governing authority shall communicate to the parents of its
students, in the manner it determines appropriate, its decision
not to comply.
(D) The governing authority of each community school required
to establish a school breakfast, school lunch, or summer food
service program under this section shall apply for state and
federal funds allocated by the state board of education under
division (B) of section 3313.813 of the Revised Code and shall
comply with the state board's standards adopted under that
division.
(E) The governing authority of any community school required
to establish a breakfast program under this section or that elects
to participate in a breakfast program pursuant to the "National
School Lunch Act" and the "Child Nutrition Act of 1966" may offer
breakfast to pupils in their classrooms during the school day.
(F) Notwithstanding anything in this section to the contrary,
in each fiscal year in which the general assembly appropriates
funds for purposes of this division, the governing authority of
each community school required to establish a breakfast program
under this section or that elects to participate in a breakfast
program pursuant to the "National School Lunch Act" and the "Child
Nutrition Act of 1966" shall provide a breakfast free of charge to
each pupil who is eligible under federal requirements for a
reduced price breakfast.
(G) This section does not apply to internet- or
computer-based community schools.
Sec. 3314.35. (A)(1) Except as provided in division (A)(3)
of this section, this section applies to any community school that
meets one of the following criteria after July 1, 2009, but before
July 1, 2011:
(a) The school does not offer a grade level higher than three
and has been declared to be in a state of academic emergency under
section 3302.03 of the Revised Code for three of the four most
recent school years.
(b) The school satisfies all of the following conditions:
(i) The school offers any of grade levels four to eight but
does not offer a grade level higher than nine.
(ii) The school has been declared to be in a state of
academic emergency under section 3302.03 of the Revised Code for
two of the three most recent school years.
(iii) In at least two of the three most recent school years,
the school showed less than one standard year of academic growth
in either reading or mathematics, as determined by the department
of education in accordance with rules adopted under division (A)
of section 3302.021 of the Revised Code.
(c) The school offers any of grade levels ten to twelve and
has been declared to be in a state of academic emergency under
section 3302.03 of the Revised Code for three of the four most
recent school years.
(2) Except as provided in division (A)(3) of this section,
this section applies to any community school that meets one of the
following criteria after July 1, 2011:
(a) The school does not offer a grade level higher than three
and has been declared to be in a state of academic emergency under
section 3302.03 of the Revised Code for two of the three most
recent school years.
(b) The school satisfies all of the following conditions:
(i) The school offers any of grade levels four to eight but
does not offer a grade level higher than nine.
(ii) The school has been declared to be in a state of
academic emergency under section 3302.03 of the Revised Code for
two of the three most recent school years.
(iii) In at least two of the three most recent school years,
the school showed less than one standard year of academic growth
in either reading or mathematics, as determined by the department
in accordance with rules adopted under division (A) of section
3302.021 of the Revised Code.
(c) The school offers any of grade levels ten to twelve and
has been declared to be in a state of academic emergency under
section 3302.03 of the Revised Code for two of the three most
recent school years.
(3) This section does not apply to either of the following:
(a) Any community school in which a majority of the students
are enrolled in a dropout prevention and recovery program that is
operated by the school and that has been granted a waiver under
section 3314.36 of the Revised Code;
(b) Any community school in which a majority of the enrolled
students are children with disabilities receiving special
education and related services in accordance with Chapter 3323. of
the Revised Code.
(B) Any community school to which this section applies shall
permanently close at the conclusion of the school year in which
the school first becomes subject to this section. The sponsor and
governing authority of the school shall comply with all procedures
for closing a community school adopted by the department under
division (E) of section 3314.015 of the Revised Code. The
governing authority of the school shall not enter into a contract
with any other sponsor under section 3314.03 of the Revised Code
after the school closes.
(C) In accordance with division (B) of section 3314.012 of
the Revised Code, the department shall not consider the
performance ratings assigned to a community school for its first
two years of operation when determining whether the school meets
the criteria prescribed by division (A)(1) or (2) of this section.
(D) Notwithstanding division (A)(3)(a) of this section, if,
by March 31, 2013, the general assembly does not enact for
community schools described in that division performance
standards, a report card rating system, and criteria for closure,
those schools shall be required to permanently close upon meeting
the criteria prescribed in division (A)(2) of this section, except
that, subject to division (C) of this section, only the
performance ratings issued for the 2012-2013 school year and later
shall count in determining if the criteria are met.
Sec. 3314.36. (A) Section Except as otherwise provided in
division (D) of section 3314.35 of the Revised Code, that section
does not apply to any community school in which a majority of the
students are enrolled in a dropout prevention and recovery program
that is operated by the school and that has been granted a waiver
by the department of education. The department shall grant a
waiver to a dropout prevention and recovery program, within sixty
days after the program applies for the waiver, if the program
meets all of the following conditions:
(1) The program serves only students not younger than sixteen
years of age and not older than twenty-one years of age.
(2) The program enrolls students who, at the time of their
initial enrollment, either, or both, are at least one grade level
behind their cohort age groups or experience crises that
significantly interfere with their academic progress such that
they are prevented from continuing their traditional programs.
(3) The program requires students to attain at least the
applicable score designated for each of the assessments prescribed
under division (B)(1) of section 3301.0710 of the Revised Code or,
to the extent prescribed by rule of the state board of education
under division (D)(6) of section 3301.0712 of the Revised Code,
division (B)(2) of that section.
(4) The program develops an individual career plan for the
student that specifies the student's matriculating to a two-year
degree program, acquiring a business and industry credential, or
entering an apprenticeship.
(5) The program provides counseling and support for the
student related to the plan developed under division (A)(4) of
this section during the remainder of the student's high school
experience.
(6) Prior to receiving the waiver, the program has submitted
to the department an instructional plan that demonstrates how the
academic content standards adopted by the state board of education
under section 3301.079 of the Revised Code will be taught and
assessed.
If the department does not act either to grant the waiver or
to reject the program application for the waiver within sixty days
as required under this section, the waiver shall be considered to
be granted.
(B) Notwithstanding division (A) of this section, the
department shall not grant a waiver to any community school that
did not qualify for a waiver under this section when it initially
began operations, unless the state board of education approves the
waiver.
Sec. 3317.01. As used in this section, "school district,"
unless otherwise specified, means any city, local, exempted
village, joint vocational, or cooperative education school
district and any educational service center.
This chapter shall be administered by the state board of
education. The superintendent of public instruction shall
calculate the amounts payable to each school district and shall
certify the amounts payable to each eligible district to the
treasurer of the district as provided by this chapter. As soon as
possible after such amounts are calculated, the superintendent
shall certify to the treasurer of each school district the
district's adjusted charge-off increase, as defined in section
5705.211 of the Revised Code. No moneys shall be distributed
pursuant to this chapter without the approval of the controlling
board.
The state board of education shall, in accordance with
appropriations made by the general assembly, meet the financial
obligations of this chapter.
Moneys distributed pursuant to this chapter shall be
calculated and paid on a fiscal year basis, beginning with the
first day of July and extending through the thirtieth day of June.
The moneys appropriated for each fiscal year shall be distributed
periodically to each school district unless otherwise provided
for. The state board, in June of each year, shall submit to the
controlling board the state board's year-end distributions
pursuant to this chapter.
Except as otherwise provided, payments under this chapter
shall be made only to those school districts in which:
(A) The school district, except for any educational service
center and any joint vocational or cooperative education school
district, levies for current operating expenses at least twenty
mills. Levies for joint vocational or cooperative education school
districts or county school financing districts, limited to or to
the extent apportioned to current expenses, shall be included in
this qualification requirement. School district income tax levies
under Chapter 5748. of the Revised Code, limited to or to the
extent apportioned to current operating expenses, shall be
included in this qualification requirement to the extent
determined by the tax commissioner under division (D) of section
3317.021 of the Revised Code.
(B) The school year next preceding the fiscal year for which
such payments are authorized meets the requirement of section
3313.48 or 3313.481 of the Revised Code, with regard to the
minimum number of days or hours school must be open for
instruction with pupils in attendance, for individualized
parent-teacher conference and reporting periods, and for
professional meetings of teachers. This requirement shall be
waived by the superintendent of public instruction if it had been
necessary for a school to be closed because of disease epidemic,
hazardous weather conditions, law enforcement emergencies,
inoperability of school buses or other equipment necessary to the
school's operation, damage to a school building, or other
temporary circumstances due to utility failure rendering the
school building unfit for school use, provided that for those
school districts operating pursuant to section 3313.48 of the
Revised Code the number of days the school was actually open for
instruction with pupils in attendance and for individualized
parent-teacher conference and reporting periods is not less than
one hundred seventy-five, or for those school districts operating
on a trimester plan the number of days the school was actually
open for instruction with pupils in attendance not less than
seventy-nine days in any trimester, for those school districts
operating on a quarterly plan the number of days the school was
actually open for instruction with pupils in attendance not less
than fifty-nine days in any quarter, or for those school districts
operating on a pentamester plan the number of days the school was
actually open for instruction with pupils in attendance not less
than forty-four days in any pentamester.
A school district shall not be considered to have failed to
comply with this division or section 3313.481 of the Revised Code
because schools were open for instruction but either twelfth grade
students were excused from attendance for up to three days or only
a portion of the kindergarten students were in attendance for up
to three days in order to allow for the gradual orientation to
school of such students.
The superintendent of public instruction shall waive the
requirements of this section with reference to the minimum number
of days or hours school must be in session with pupils in
attendance for the school year succeeding the school year in which
a board of education initiates a plan of operation pursuant to
section 3313.481 of the Revised Code. The minimum requirements of
this section shall again be applicable to such a district
beginning with the school year commencing the second July
succeeding the initiation of one such plan, and for each school
year thereafter.
A school district shall not be considered to have failed to
comply with this division or section 3313.48 or 3313.481 of the
Revised Code because schools were open for instruction but the
length of the regularly scheduled school day, for any number of
days during the school year, was reduced by not more than two
hours due to hazardous weather conditions.
A board of education or governing board of an educational
service center which has not conformed with other law and the
rules pursuant thereto, shall not participate in the distribution
of funds authorized by this chapter, except for good and
sufficient reason established to the satisfaction of the state
board of education and the state controlling board.
All funds allocated to school districts under this chapter,
except those specifically allocated for other purposes, shall be
used to pay current operating expenses only.
Sec. 3317.11. (A) As used in this section:
(1) "Client school district" means a city, exempted village,
or local school district that has entered into an agreement under
section 3313.843 of the Revised Code to receive any services from
an educational service center.
(2) "Service center ADM" means the sum of the total student
counts of all of an educational service center's client school
districts.
(3) "STEM school" means a science, technology, engineering,
and mathematics school established under Chapter 3326. of the
Revised Code.
(4) "Total student count" has the same meaning as in section
3301.011 of the Revised Code.
(B)(1) Beginning with the 2012-2013 school year, this
division shall not apply to any client school district that has
elected not to receive supervisory services under this division,
as specified in the district's agreement under section 3313.843 of
the Revised Code, and the department of education shall not make
any deductions for the district under this division.
(1) The governing board of each educational service center
shall provide supervisory services to each of its client school
districts. Except as provided in division (B)(2) of this section,
the supervisory services shall not exceed one supervisory teacher
for the first fifty classroom teachers required to be employed in
the districts, as calculated in the manner prescribed under former
division (B) of section 3317.023 of the Revised Code, as that
division existed prior to June 30, 2011, and one for each
additional one hundred required classroom teachers, as so
calculated.
The supervisory services shall be financed annually through
supervisory units. Except as provided in division (B)(2) of this
section, the number of supervisory units assigned to each district
shall not exceed one unit for the first fifty classroom teachers
required to be employed in the district, as calculated in the
manner prescribed under former division (B) of section 3317.023 of
the Revised Code, as that division existed prior to June 30, 2011,
and one for each additional one hundred required classroom
teachers, as so calculated. The cost of each supervisory unit
shall be the sum of:
(a) The minimum salary prescribed by section 3317.13 of the
Revised Code for the licensed supervisory employee of the
governing board;
(b) An amount equal to fifteen per cent of that salary;
(c) An allowance for necessary travel expenses, limited to
the lesser of two hundred twenty-three dollars and sixteen cents
per month or two thousand six hundred seventy-eight dollars per
year.
(2) If a majority of the boards of education, or
superintendents acting on behalf of the boards, of the client
school districts receiving services from the educational service
center agree to receive additional supervisory services and to pay
the cost of a corresponding number of supervisory units in excess
of the services and units specified in division (B)(1) of this
section, the service center shall provide the additional services
as agreed to by the majority of districts to, and the department
of education shall apportion the cost of the corresponding number
of additional supervisory units pursuant to division (B)(3) of
this section among, all of the service center's client school
districts.
(3) The department shall apportion the total cost for all
supervisory units among the service center's client school
districts based on each district's total student count. The
department shall deduct each district's apportioned share pursuant
to division (B) of section 3317.023 of the Revised Code and pay
the apportioned share to the service center.
(C) The department annually shall deduct from each client
school district of each educational service center, pursuant to
division (B) of section 3317.023 of the Revised Code, and pay to
the service center an amount equal to six dollars and fifty cents
times the school district's total student count. The board of
education, or the superintendent acting on behalf of the board, of
any client school district may agree to pay an amount in excess of
six dollars and fifty cents per student in total student count. If
a majority of the boards of education, or superintendents acting
on behalf of the boards, of the service center's client school
districts approve an amount in excess of six dollars and fifty
cents per student in total student count, the department shall
deduct the approved excess per student amount from all of the
service center's client school districts and pay the excess amount
to the service center.
(D) The department shall pay each educational service center
the amounts due to it from school districts pursuant to contracts,
compacts, or agreements under which the service center furnishes
services to the districts or their students. In order to receive
payment under this division, an educational service center shall
furnish either a copy of the contract, compact, or agreement
clearly indicating the amounts of the payments, or a written
statement that clearly indicates the payments owed and is signed
by the superintendent or treasurer of the responsible school
district. The amounts paid to service centers under this division
shall be deducted from payments to school districts pursuant to
division (H)(3) of section 3317.023 of the Revised Code.
(E) Each school district's deduction under this section and
divisions (B) and (H)(3) of section 3317.023 of the Revised Code
shall be made from the total payment computed for the district
under this chapter, after making any other adjustments in that
payment required by law.
(F)(1) Except as provided in division (F)(2) of this section,
the department annually shall pay the governing board of each
educational service center state funds equal to thirty-seven
dollars times its service center ADM.
(2) The department annually shall pay state funds equal to
forty dollars and fifty-two cents times the service center ADM to
each educational service center comprising territory that was
included in the territory of at least three former service centers
or county school districts, which former centers or districts
engaged in one or more mergers under section 3311.053 of the
Revised Code to form the present center.
(G) Each city, exempted village, local, joint vocational, or
cooperative education school district shall pay to the governing
board of an educational service center any amounts agreed to for
each child enrolled in the district who receives special education
and related services or career-technical education from the
educational service center, unless these educational services are
provided pursuant to a contract, compact, or agreement for which
the department deducts and transfers payments under division (D)
of this section and division (H)(3) of section 3317.023 of the
Revised Code.
(H) The department annually shall pay the governing board of
each educational service center that has entered into a contract
with a STEM school for the provision of services described in
division (B) of section 3326.45 of the Revised Code state funds
equal to the per-pupil amount specified in the contract for the
provision of those services times the number of students enrolled
in the STEM school.
(I) An educational service center:
(1) May provide special education and career-technical
education to students in its client school districts;
(2) Is eligible for transportation funding under division (C)
of section 3317.024 of the Revised Code;
(3) May apply for and receive gifted education units and
provide gifted education services to students in its client school
districts;
(4) May conduct driver education for high school students in
accordance with Chapter 4508. of the Revised Code.
Sec. 3318.034. (A) This section applies to both of the
following:
(1) Any school district that has not executed an agreement
for a project under sections 3318.01 to 3318.20 of the Revised
Code prior to June 24, 2008;
(2) Any school district that is eligible for additional
assistance under sections 3318.01 to 3318.20 of the Revised Code
pursuant to division (B)(2) of section 3318.04 of the Revised
Code.
Notwithstanding any provision of this chapter to the
contrary, with the approval of the Ohio school facilities
commission, any school district to which this section applies may
opt to divide the district's entire classroom facilities needs, as
those needs are jointly determined by the staff of the commission
and the school district, into discrete segments and shall comply
with all of the provisions of those sections unless otherwise
provided in this section.
(B) Except as provided in division (C) of this section, each
segment shall comply with all of the following:
(1) The segment shall consist of the new construction of one
or more entire buildings or the complete renovation of one or more
entire existing buildings, with any necessary additions to that
building.
(2) The segment shall not include any construction of or
renovation or repair to any building that does not complete the
needs of the district with respect to that particular building at
the time the segment is completed.
(3) The segment shall consist of new construction,
renovations, additions, reconstruction, or repair of classroom
facilities to the extent that the school district portion, as
determined under section 3318.032 of the Revised Code, is an
amount not less than the product of 0.040 0.020 times the
district's valuation at the time the agreement for the segment is
executed, unless the district previously has undertaken a segment
under this section and the district's portion of the estimated
basic project cost of the remainder of its entire classroom
facilities needs, as determined jointly by the staff of the
commission and the district, is less than the amount otherwise
required by this division.
(C) A district described in division (A)(2) of this section
that has not received the additional assistance authorized under
division (B)(2) of section 3318.04 of the Revised Code may
undertake a segment, with commission approval, for the purpose of
renovating or replacing work performed on a facility under the
district's prior project. The commission may approve that segment
if the commission determines that the renovation or replacement is
necessary to protect the facility. The basic project cost of the
segment shall be allocated between the state and the district in
accordance with section 3318.032 of the Revised Code. However, the
requirements of division (B) of this section shall not apply to a
segment undertaken under this division.
(D) The commission shall conditionally approve and seek
controlling board approval in accordance with division (A) of
section 3318.04 of the Revised Code of each segment.
(E) The school district's maintenance levy requirement, as
defined in section 3318.18 of the Revised Code, shall run for
twenty-three years from the date the first segment is undertaken;
however, the maintenance levy requirement does not apply to a
segment undertaken under division (C) of this section.
Sec. 3318.36. (A)(1) As used in this section:
(a) "Ohio school facilities commission," "classroom
facilities," "school district," "school district board," "net
bonded indebtedness," "required percentage of the basic project
costs," "basic project cost," "valuation," and "percentile" have
the same meanings as in section 3318.01 of the Revised Code.
(b) "Required level of indebtedness" means five per cent of
the school district's valuation for the year preceding the year in
which the commission and school district enter into an agreement
under division (B) of this section, plus [two one-hundredths of
one per cent multiplied by (the percentile in which the district
ranks minus one)].
(c) "Local resources" means any moneys generated in any
manner permitted for a school district board to raise the school
district portion of a project undertaken with assistance under
sections 3318.01 to 3318.20 of the Revised Code.
(2) For purposes of determining the required level of
indebtedness, the required percentage of the basic project costs
under division (C)(1) of this section, and priority for assistance
under sections 3318.01 to 3318.20 of the Revised Code, the
percentile ranking of a school district with which the commission
has entered into an agreement under this section between the first
day of July and the thirty-first day of August in each fiscal year
is the percentile ranking calculated for that district for the
immediately preceding fiscal year, and the percentile ranking of a
school district with which the commission has entered into such
agreement between the first day of September and the thirtieth day
of June in each fiscal year is the percentile ranking calculated
for that district for the current fiscal year.
(B)(1) There is hereby established the school building
assistance expedited local partnership program. Under the program,
the Ohio school facilities commission may enter into an agreement
with the school district board of any school district under which
the
school district board may proceed with the new construction or
major repairs of a part of the school district's classroom
facilities needs, as determined under sections 3318.01 to 3318.20
of the Revised Code, through the expenditure of local resources
prior to the school district's eligibility for state assistance
under those sections, and may apply that expenditure toward
meeting the school district's portion of the basic project cost of
the total of the
school district's classroom facilities needs,
as
determined under sections 3318.01 to 3318.20 of the Revised Code
and as recalculated under division (E) of this section, that are
when the district becomes eligible for state assistance under
sections 3318.01 to 3318.20 or section 3318.364 of the Revised
Code when the school district becomes eligible for that
assistance. Any school district that is reasonably expected to
receive assistance under sections 3318.01 to 3318.20 of the
Revised Code within two fiscal years from the date the school
district adopts its resolution under division (B) of this section
shall not be eligible to participate in the program established
under this section.
(2) To participate in the program, a school district board
shall first adopt a resolution certifying to the commission the
board's intent to participate in the program.
The resolution shall specify the approximate date that the
board intends to seek elector approval of any bond or tax measures
or to apply other local resources to use to pay the cost of
classroom facilities to be constructed under this section. The
resolution may specify the application of local resources or
elector-approved bond or tax measures after the resolution is
adopted by the board, and in such case the board may proceed with
a discrete portion of its project under this section as soon as
the commission and the controlling board have approved the basic
project cost of the district's classroom facilities needs as
specified in division (D) of this section. The board shall submit
its resolution to the commission not later than ten days after the
date the resolution is adopted by the board.
The commission shall not consider any resolution that is
submitted pursuant to division (B)(2) of this section, as amended
by this amendment, sooner than September 14, 2000.
(3) For purposes of determining when a district that enters
into an agreement under this section becomes eligible for
assistance under sections 3318.01 to 3318.20 of the Revised Code
or priority for assistance under section 3318.364 of the Revised
Code, the commission shall use the district's percentile ranking
determined at the time the district entered into the agreement
under this section, as prescribed by division (A)(2) of this
section.
(4) Any project under this section shall comply with section
3318.03 of the Revised Code and with any specifications for plans
and materials for classroom facilities adopted by the commission
under section 3318.04 of the Revised Code.
(5) If a school district that enters into an agreement under
this section has not begun a project applying local resources as
provided for under that agreement at the time the district is
notified by the commission that it is eligible to receive state
assistance under sections 3318.01 to 3318.20 of the Revised Code,
all assessment and agreement documents entered into under this
section are void.
(6) Only construction of or repairs to classroom facilities
that have been approved by the commission and have been therefore
included as part of a district's basic project cost qualify for
application of local resources under this section.
(C) Based on the results of on-site visits and assessment,
the commission shall determine the basic project cost of the
school district's classroom facilities needs. The commission shall
determine the school district's portion of such basic project
cost, which shall be the greater of:
(1) The required percentage of the basic project costs,
determined based on the school district's percentile ranking;
(2) An amount necessary to raise the school district's net
bonded indebtedness, as of the fiscal year the commission and the
school district enter into the agreement under division (B) of
this section, to within five thousand dollars of the required
level of indebtedness.
(D)(1) When the commission determines the basic project cost
of the classroom facilities needs of a school district and the
school district's portion of that basic project cost under
division (C) of this section, the project shall be conditionally
approved. Such conditional approval shall be submitted to the
controlling board for approval thereof. The controlling board
shall forthwith approve or reject the commission's determination,
conditional approval, and the amount of the state's portion of the
basic project cost; however, no state funds shall be encumbered
under this section. Upon approval by the controlling board, the
school district board may identify a discrete part of its
classroom facilities needs, which shall include only new
construction of or additions or major repairs to a particular
building, to address with local resources. Upon identifying a part
of the school district's basic project cost to address with local
resources, the school district board may allocate any available
school district moneys to pay the cost of that identified part,
including the proceeds of an issuance of bonds if approved by the
electors of the school district.
All local resources utilized under this division shall first
be deposited in the project construction account required under
section 3318.08 of the Revised Code.
(2) Unless the school district board exercises its option
under division (D)(3) of this section, for a school district to
qualify for participation in the program authorized under this
section, one of the following conditions shall be satisfied:
(a) The electors of the school district by a majority vote
shall approve the levy of taxes outside the ten-mill limitation
for a period of twenty-three years at the rate of not less than
one-half mill for each dollar of valuation to be used to pay the
cost of maintaining the classroom facilities included in the basic
project cost as determined by the commission. The form of the
ballot to be used to submit the question whether to approve the
tax required under this division to the electors of the school
district shall be the form for an additional levy of taxes
prescribed in section 3318.361 of the Revised Code, which may be
combined in a single ballot question with the questions prescribed
under section 5705.218 of the Revised Code.
(b) As authorized under division (C) of section 3318.05 of
the Revised Code, the school district board shall earmark from the
proceeds of a permanent improvement tax levied under section
5705.21 of the Revised Code, an amount equivalent to the
additional tax otherwise required under division (D)(2)(a) of this
section for the maintenance of the classroom facilities included
in the basic project cost as determined by the commission.
(c) As authorized under section 3318.051 of the Revised Code,
the school district board shall, if approved by the commission,
annually transfer into the maintenance fund required under section
3318.05 of the Revised Code the amount prescribed in section
3318.051 of the Revised Code in lieu of the tax otherwise required
under division (D)(2)(a) of this section for the maintenance of
the classroom facilities included in the basic project cost as
determined by the commission.
(d) If the school district board has rescinded the agreement
to make transfers under section 3318.051 of the Revised Code, as
provided under division (F) of that section, the electors of the
school district, in accordance with section 3318.063 of the
Revised Code, first shall approve the levy of taxes outside the
ten-mill limitation for the period specified in that section at a
rate of not less than one-half mill for each dollar of valuation.
(e) The school district board shall apply the proceeds of a
tax to leverage bonds as authorized under section 3318.052 of the
Revised Code or dedicate a local donated contribution in the
manner described in division (B) of section 3318.084 of the
Revised Code in an amount equivalent to the additional tax
otherwise required under division (D)(2)(a) of this section for
the maintenance of the classroom facilities included in the basic
project cost as determined by the commission.
(3) A school district board may opt to delay taking any of
the actions described in division (D)(2) of this section until the
school district becomes eligible for state assistance under
sections 3318.01 to 3318.20 of the Revised Code. In order to
exercise this option, the board shall certify to the commission a
resolution indicating the board's intent to do so prior to
entering into an agreement under division (B) of this section.
(4) If pursuant to division (D)(3) of this section a district
board opts to delay levying an additional tax until the district
becomes eligible for state assistance, it shall submit the
question of levying that tax to the district electors as follows:
(a) In accordance with section 3318.06 of the Revised Code if
it will also be necessary pursuant to division (E) of this section
to submit a proposal for approval of a bond issue;
(b) In accordance with section 3318.361 of the Revised Code
if it is not necessary to also submit a proposal for approval of a
bond issue pursuant to division (E) of this section.
(5) No state assistance under sections 3318.01 to 3318.20 of
the Revised Code shall be released until a school district board
that adopts and certifies a resolution under division (D) of this
section also demonstrates to the satisfaction of the commission
compliance with the provisions of division (D)(2) of this section.
Any amount required for maintenance under division (D)(2) of
this section shall be deposited into a separate fund as specified
in division (B) of section 3318.05 of the Revised Code.
(E)(1) If the school district becomes eligible for state
assistance under sections 3318.01 to 3318.20 of the Revised Code
based on its percentile ranking under division (B)(3) of this
section or is offered assistance under section 3318.364 of the
Revised Code, the commission shall conduct a new assessment of the
school district's classroom facilities needs and shall recalculate
the basic project cost based on this new assessment. The basic
project cost recalculated under this division shall include the
amount of expenditures made by the school district board under
division (D)(1) of this section. The commission shall then
recalculate the school district's portion of the new basic project
cost, which shall be the percentage of the original basic project
cost assigned to the school district as its portion under division
(C) of this section. The commission shall deduct the expenditure
of school district moneys made under division (D)(1) of this
section from the school district's portion of the basic project
cost as recalculated under this division. If the amount of school
district resources applied by the school district board to the
school district's portion of the basic project cost under this
section is less than the total amount of such portion as
recalculated under this division, the school district board by a
majority vote of all of its members shall, if it desires to seek
state assistance under sections 3318.01 to 3318.20 of the Revised
Code, adopt a resolution as specified in section 3318.06 of the
Revised Code to submit to the electors of the school district the
question of approval of a bond issue in order to pay any
additional amount of school district portion required for state
assistance. Any tax levy approved under division (D) of this
section satisfies the requirements to levy the additional tax
under section 3318.06 of the Revised Code.
(2) If the amount of school district resources applied by the
school district board to the school district's portion of the
basic project cost under this section is more than the total
amount of such portion as recalculated under this division, within
one year after the school district's portion is recalculated under
division (E)(1) of this section the commission may grant to the
school district the difference between the two calculated
portions, but at no time shall the commission expend any state
funds on a project in an amount greater than the state's portion
of the basic project cost as recalculated under this division.
Any reimbursement under this division shall be only for local
resources the school district has applied toward construction cost
expenditures for the classroom facilities approved by the
commission, which shall not include any financing costs associated
with that construction.
The school district board shall use any moneys reimbursed to
the district under this division to pay off any debt service the
district owes for classroom facilities constructed under its
project under this section before such moneys are applied to any
other purpose. However, the district board first may deposit
moneys reimbursed under this division into the district's general
fund or a permanent improvement fund to replace local resources
the district withdrew from those funds, as long as, and to the
extent that, those local resources were used by the district for
constructing classroom facilities included in the district's basic
project cost.
Sec. 3318.364. In any fiscal year, the Ohio school
facilities commission may, at its discretion, provide assistance
under sections 3318.01 to 3318.20 of the Revised Code to a school
district that has entered into an expedited local partnership
agreement under section 3318.36 of the Revised Code before the
district is otherwise eligible for that assistance based on its
percentile rank, if the commission determines all of the
following:
(A) The district has made an expenditure of local resources
under its expedited local partnership agreement on a discrete part
of its district-wide project.
(B) The district is ready to complete its district-wide
project or a segment of the project, in accordance with section
3318.034 of the Revised Code.
(C) The district is in compliance with division (D)(2) of
section 3318.36 of the Revised Code.
(D) Sufficient state funds have been appropriated for
classroom facilities projects for the fiscal year to pay the state
share of the district's project or segment after paying the state
share of projects for all of the following:
(1) Districts that previously had their conditional approval
lapse pursuant to section 3318.05 of the Revised Code;
(2) Districts eligible for assistance under division (B)(2)
of section 3318.04 of the Revised Code;
(3) Districts participating in the exceptional needs school
facilities assistance program under section 3318.37 or 3318.371 of
the Revised Code;
(4) Districts participating in the accelerated urban school
building assistance program under section 3318.38 of the Revised
Code.
Assistance under this section shall be offered to eligible
districts in the order of their percentile rankings at the time
they entered into their expedited local partnership agreements,
from lowest to highest percentile. In the event that more than one
district has the same percentile ranking, those districts shall be
offered assistance in the order of the date they entered into
their expedited local partnership agreements, from earliest to
latest date.
As used in this section, "local resources" and "percentile"
have the same meanings as in section 3318.36 of the Revised Code.
Sec. 3318.37. (A)(1) As used in this section:
(a) "Large land area school district" means a school district
with a territory of greater than three hundred square miles in any
percentile as determined under section 3318.011 of the Revised
Code.
(b) "Low wealth school district" means a school district in
the first through seventy-fifth percentiles as determined under
section 3318.011 of the Revised Code.
(c) A, a "school district with an exceptional need for
immediate classroom facilities assistance" means a low wealth or
large land area school district with an exceptional need for new
facilities in order to protect the health and safety of all or a
portion of its students.
(2) No school district that participates in the school
building assistance expedited local partnership program under
section 3318.36 of the Revised Code shall receive assistance under
the program established under this section unless the following
conditions are satisfied:
(a) The district board adopted a resolution certifying its
intent to participate in the school building assistance expedited
local partnership program under section 3318.36 of the Revised
Code prior to September 14, 2000.
(b) The district was selected by the Ohio school facilities
commission for participation in the school building assistance
expedited local partnership program under section 3318.36 of the
Revised Code in the manner prescribed by the commission under that
section as it existed prior to September 14, 2000.
(B)(1) There is hereby established the exceptional needs
school facilities assistance program. Under the program, the Ohio
school facilities commission may set aside from the moneys
annually appropriated to it for classroom facilities assistance
projects up to twenty-five per cent for assistance to school
districts with exceptional needs for immediate classroom
facilities assistance.
(2)(a) After consulting with education and construction
experts, the commission shall adopt guidelines for identifying
school districts with an exceptional need for immediate classroom
facilities assistance.
(b) The guidelines shall include application forms and
instructions for school districts to use in applying for
assistance under this section.
(3) The commission shall evaluate the classroom facilities,
and the need for replacement classroom facilities from the
applications received under this section. The commission,
utilizing the guidelines adopted under division (B)(2)(a) of this
section, shall prioritize the school districts to be assessed.
Notwithstanding section 3318.02 of the Revised Code, the
commission may conduct on-site evaluation of the school districts
prioritized under this section and approve and award funds until
such time as all funds set aside under division (B)(1) of this
section have been encumbered. However, the commission need not
conduct the evaluation of facilities if the commission determines
that a district's assessment conducted under section 3318.36 of
the Revised Code is sufficient for purposes of this section.
(4) Notwithstanding division (A) of section 3318.05 of the
Revised Code, the school district's portion of the basic project
cost under this section shall be the "required percentage of the
basic project costs," as defined in division (K) of section
3318.01 of the Revised Code.
(5) Except as otherwise specified in this section, any
project undertaken with assistance under this section shall comply
with all provisions of sections 3318.01 to 3318.20 of the Revised
Code. A school district may receive assistance under sections
3318.01 to 3318.20 of the Revised Code for the remainder of the
district's classroom facilities needs as assessed under this
section when the district is eligible for such assistance pursuant
to section 3318.02 of the Revised Code, but any classroom facility
constructed with assistance under this section shall not be
included in a district's project at that time unless the
commission determines the district has experienced the increased
enrollment specified in division (B)(1) of section 3318.04 of the
Revised Code.
(C) No school district shall receive assistance under this
section for a classroom facility that has been included in the
discrete part of the district's classroom facilities needs
identified and addressed in the district's project pursuant to an
agreement entered into under section 3318.36 of the Revised Code,
unless the district's entire classroom facilities plan consists of
only a single building designed to house grades kindergarten
through twelve.
Sec. 3318.371. The Ohio school facilities commission may
provide assistance under the exceptional needs school facilities
program established by section 3318.37 of the Revised Code to any
school district for the purpose of the relocation or replacement
of classroom facilities required as a result of any contamination
of air, soil, or water that impacts the occupants of the facility.
Assistance under this section is not limited to school districts
in the first through seventy-fifth percentiles as determined under
section 3318.011 of the Revised Code.
The commission shall make a determination in accordance with
guidelines adopted by the commission regarding eligibility and
funding for projects under this section. The commission may
contract with an independent environmental consultant to conduct a
study to assist the commission in making the determination.
If the federal government or other public or private entity
provides funds for restitution of costs incurred by the state or
school district in the relocation or replacement of the classroom
facilities, the school district shall use such funds in excess of
the school district's share to refund the state for the state's
contribution to the environmental contamination portion of the
project. The school district may apply an amount of such
restitution funds up to an amount equal to the school district's
portion of the project, as defined by the commission, toward
paying its portion of that project to reduce the amount of bonds
the school district otherwise must issue to receive state
assistance under sections 3318.01 to 3318.20 of the Revised Code.
Sec. 3318.70. (A) As used in this section:
(1) "Acquisition of classroom facilities" has the same
meaning as in section 3318.40 of the Revised Code.
(2) "Classroom facilities" has the same meaning as in section
3318.01 of the Revised Code.
(3) "STEM school" means a science, technology, engineering,
and mathematics school established under Chapter 3326. of the
Revised Code that is not governed by a single school district
board of education, as prescribed by section 3326.51 of the
Revised Code.
(B) Upon receipt of a written proposal by the governing body
of a STEM school, the Ohio school facilities commission, subject
to approval of the controlling board, may provide funding to
assist that STEM school in the acquisition of classroom
facilities. The proposal of the governing body shall be submitted
in a form and in the manner prescribed by the commission and shall
indicate both the total amount of state funding requested and the
amount of nonstate funding pledged for the acquisition of the
classroom facilities, which shall not be less than the total
amount of state funding requested. If the commission decides in
favor of providing funding for the classroom facilities and if the
controlling board approves that funding, the commission shall
enter into an agreement with the governing body for the
acquisition of the classroom facilities and shall encumber, in
accordance with section 3318.11 of the Revised Code, the approved
funding from the amounts appropriated to the commission for
classroom facilities assistance projects. The agreement shall
include a stipulation of the ownership of the classroom facilities
in the event the STEM school permanently closes at any time.
(C) In the case of the governing body of a group of STEM
schools, as prescribed by section 3326.031 of the Revised Code,
the governing body shall submit a proposal for each school under
its direction separately, and the commission shall consider each
proposal separately.
Sec. 3319.02. (A)(1) As used in this section, "other
administrator" means any of the following:
(a) Except as provided in division (A)(2) of this section,
any employee in a position for which a board of education requires
a license designated by rule of the department of education for
being an administrator issued under section 3319.22 of the Revised
Code, including a professional pupil services employee or
administrative specialist or an equivalent of either one who is
not employed as a school counselor and spends less than fifty per
cent of the time employed teaching or working with students;
(b) Any nonlicensed employee whose job duties enable such
employee to be considered as either a "supervisor" or a
"management level employee," as defined in section 4117.01 of the
Revised Code;
(c) A business manager appointed under section 3319.03 of the
Revised Code.
(2) As used in this section, "other administrator" does not
include a superintendent, assistant superintendent, principal, or
assistant principal.
(B) The board of education of each school district and the
governing board of an educational service center may appoint one
or more assistant superintendents and such other administrators as
are necessary. An assistant educational service center
superintendent or service center supervisor employed on a
part-time basis may also be employed by a local board as a
teacher. The board of each city, exempted village, and local
school district shall employ principals for all high schools and
for such other schools as the board designates, and those boards
may appoint assistant principals for any school that they
designate.
(C) In educational service centers and in city, exempted
village, and local school districts, assistant superintendents,
principals, assistant principals, and other administrators shall
only be employed or reemployed in accordance with nominations of
the superintendent, except that a board of education of a school
district or the governing board of a service center, by a
three-fourths vote of its full membership, may reemploy any
assistant superintendent, principal, assistant principal, or other
administrator whom the superintendent refuses to nominate.
The board of education or governing board shall execute a
written contract of employment with each assistant superintendent,
principal, assistant principal, and other administrator it employs
or reemploys. The term of such contract shall not exceed three
years except that in the case of a person who has been employed as
an assistant superintendent, principal, assistant principal, or
other administrator in the district or center for three years or
more, the term of the contract shall be for not more than five
years and, unless the superintendent of the district recommends
otherwise, not less than two years. If the superintendent so
recommends, the term of the contract of a person who has been
employed by the district or service center as an assistant
superintendent, principal, assistant principal, or other
administrator for three years or more may be one year, but all
subsequent contracts granted such person shall be for a term of
not less than two years and not more than five years. When a
teacher with continuing service status becomes an assistant
superintendent, principal, assistant principal, or other
administrator with the district or service center with which the
teacher holds continuing service status, the teacher retains such
status in the teacher's nonadministrative position as provided in
sections 3319.08 and 3319.09 of the Revised Code.
A board of education or governing board may reemploy an
assistant superintendent, principal, assistant principal, or other
administrator at any regular or special meeting held during the
period beginning on the first day of January of the calendar year
immediately preceding the year of expiration of the employment
contract and ending on the last first day of March June of the
year the employment contract expires.
Except by mutual agreement of the parties thereto, no
assistant superintendent, principal, assistant principal, or other
administrator shall be transferred during the life of a contract
to a position of lesser responsibility. No contract may be
terminated by a board except pursuant to section 3319.16 of the
Revised Code. No contract may be suspended except pursuant to
section 3319.17 or 3319.171 of the Revised Code. The salaries and
compensation prescribed by such contracts shall not be reduced by
a board unless such reduction is a part of a uniform plan
affecting the entire district or center. The contract shall
specify the employee's administrative position and duties as
included in the job description adopted under division (D) of this
section, the salary and other compensation to be paid for
performance of duties, the number of days to be worked, the number
of days of vacation leave, if any, and any paid holidays in the
contractual year.
An assistant superintendent, principal, assistant principal,
or other administrator is, at the expiration of the current term
of employment, deemed reemployed at the same salary plus any
increments that may be authorized by the board, unless such
employee notifies the board in writing to the contrary on or
before the first fifteenth day of June, or unless such board, on
or before the last first day of March June of the year in which
the contract of employment expires, either reemploys such employee
for a succeeding term or gives written notice of its intention not
to reemploy the employee. The term of reemployment of a person
reemployed under this paragraph shall be one year, except that if
such person has been employed by the school district or service
center as an assistant superintendent, principal, assistant
principal, or other administrator for three years or more, the
term of reemployment shall be two years.
(D)(1) Each board shall adopt procedures for the evaluation
of all assistant superintendents, principals, assistant
principals, and other administrators and shall evaluate such
employees in accordance with those procedures. The procedures for
the evaluation of principals and assistant principals shall be
based on principles comparable to the teacher evaluation policy
adopted by the board under section 3319.111 of the Revised Code,
but shall be tailored to the duties and responsibilities of
principals and assistant principals and the environment in which
principals they work. An evaluation based upon procedures adopted
under this division shall be considered by the board in deciding
whether to renew the contract of employment of an assistant
superintendent, principal, assistant principal, or other
administrator.
(2) The evaluation shall measure each assistant
superintendent's, principal's, assistant principal's, and other
administrator's effectiveness in performing the duties included in
the job description and the evaluation procedures shall provide
for, but not be limited to, the following:
(a) Each assistant superintendent, principal, assistant
principal, and other administrator shall be evaluated annually
through a written evaluation process.
(b) The evaluation shall be conducted by the superintendent
or designee.
(c) In order to provide time to show progress in correcting
the deficiencies identified in the evaluation process, the
evaluation process shall be completed as follows:
(i) In any school year that the employee's contract of
employment is not due to expire, at least one evaluation shall be
completed in that year. A written copy of the evaluation shall be
provided to the employee no later than the end of the employee's
contract year as defined by the employee's annual salary notice.
(ii) In any school year that the employee's contract of
employment is due to expire, at least a preliminary evaluation and
at least a final evaluation shall be completed in that year. A
written copy of the preliminary evaluation shall be provided to
the employee at least sixty days prior to any action by the board
on the employee's contract of employment. The final evaluation
shall indicate the superintendent's intended recommendation to the
board regarding a contract of employment for the employee. A
written copy of the evaluation shall be provided to the employee
at least five days prior to the board's acting to renew or not
renew the contract.
(3) Termination of an assistant superintendent, principal,
assistant principal, or other administrator's contract shall be
pursuant to section 3319.16 of the Revised Code. Suspension of any
such employee shall be pursuant to section 3319.17 or 3319.171 of
the Revised Code.
(4) Before taking action to renew or nonrenew the contract of
an assistant superintendent, principal, assistant principal, or
other administrator under this section and prior to the last first
day of March June of the year in which such employee's contract
expires, the board shall notify each such employee of the date
that the contract expires and that the employee may request a
meeting with the board. Upon request by such an employee, the
board shall grant the employee a meeting in executive session. In
that meeting, the board shall discuss its reasons for considering
renewal or nonrenewal of the contract. The employee shall be
permitted to have a representative, chosen by the employee,
present at the meeting.
(5) The establishment of an evaluation procedure shall not
create an expectancy of continued employment. Nothing in division
(D) of this section shall prevent a board from making the final
determination regarding the renewal or nonrenewal of the contract
of any assistant superintendent, principal, assistant principal,
or other administrator. However, if a board fails to provide
evaluations pursuant to division (D)(2)(c)(i) or (ii) of this
section, or if the board fails to provide at the request of the
employee a meeting as prescribed in division (D)(4) of this
section, the employee automatically shall be reemployed at the
same salary plus any increments that may be authorized by the
board for a period of one year, except that if the employee has
been employed by the district or service center as an assistant
superintendent, principal, assistant principal, or other
administrator for three years or more, the period of reemployment
shall be for two years.
(E) On nomination of the superintendent of a service center a
governing board may employ supervisors who shall be employed under
written contracts of employment for terms not to exceed five years
each. Such contracts may be terminated by a governing board
pursuant to section 3319.16 of the Revised Code. Any supervisor
employed pursuant to this division may terminate the contract of
employment at the end of any school year after giving the board at
least thirty days' written notice prior to such termination. On
the recommendation of the superintendent the contract or contracts
of any supervisor employed pursuant to this division may be
suspended for the remainder of the term of any such contract
pursuant to section 3319.17 or 3319.171 of the Revised Code.
(F) A board may establish vacation leave for any individuals
employed under this section. Upon such an individual's separation
from employment, a board that has such leave may compensate such
an individual at the individual's current rate of pay for all
lawfully accrued and unused vacation leave credited at the time of
separation, not to exceed the amount accrued within three years
before the date of separation. In case of the death of an
individual employed under this section, such unused vacation leave
as the board would have paid to the individual upon separation
under this section shall be paid in accordance with section
2113.04 of the Revised Code, or to the estate.
(G) The board of education of any school district may
contract with the governing board of the educational service
center from which it otherwise receives services to conduct
searches and recruitment of candidates for assistant
superintendent, principal, assistant principal, and other
administrator positions authorized under this section.
Sec. 3319.06. (A) The board of education of each city,
exempted village, or local school district may create the position
of internal auditor. Any person employed by the board as an
internal auditor shall hold a valid permit issued under section
4701.10 of the Revised Code to practice as a certified public
accountant or a public accountant.
(B) The board shall execute a written contract of employment
with each internal auditor it employs. The contract shall specify
the internal auditor's duties, the salary and other compensation
to be paid for performance of those duties, the number of days to
be worked, the number of days of vacation leave, if any, and any
paid holidays in the contractual year. The salary and other
compensation prescribed by the contract may be increased by the
board during the term of the contract but shall not be reduced
during that term unless such reduction is part of a uniform plan
affecting employees of the entire district. The term of the
initial contract shall not exceed three years. Any renewal of the
contract shall be for a term of not less than two years and not
more than five years.
The internal auditor shall be directly responsible to the
board for the performance of all duties outlined in the contract.
If the board does not intend to renew the contract upon its
expiration, the board shall provide written notice to the internal
auditor of its intention not to renew the contract not later than
the last first day of March June of the year in which the contract
expires. If the board does not provide such notice by that date,
the internal auditor shall be deemed reemployed for a term of one
year at the same salary plus any increments that may be authorized
by the board. Termination of an internal auditor's contract shall
be pursuant to section 3319.16 of the Revised Code.
(C) Each board that employs an internal auditor shall adopt
procedures for the evaluation of the internal auditor and shall
evaluate the internal auditor in accordance with those procedures.
The evaluation based upon the procedures shall be considered by
the board in deciding whether to renew the internal auditor's
contract of employment. The establishment of an evaluation
procedure shall not create an expectancy of continued employment.
Nothing in this section shall prevent the board from making the
final determination regarding the renewal or nonrenewal of the
contract of an internal auditor.
Sec. 3319.11. (A) As used in this section:
(1) "Evaluation procedures" means the procedures required by
the policy adopted pursuant to division (A) of section 3319.111 of
the Revised Code.
(2) "Limited contract" means a limited contract, as described
in section 3319.08 of the Revised Code, that a school district
board of education or governing board of an educational service
center enters into with a teacher who is not eligible for
continuing service status.
(3) "Extended limited contract" means a limited contract, as
described in section 3319.08 of the Revised Code, that a board of
education or governing board enters into with a teacher who is
eligible for continuing service status.
(B) Teachers eligible for continuing service status in any
city, exempted village, local, or joint vocational school district
or educational service center shall be those teachers qualified as
described in division (D) of section 3319.08 of the Revised Code,
who within the last five years have taught for at least three
years in the district or center, and those teachers who, having
attained continuing contract status elsewhere, have served two
years in the district or center, but the board, upon the
recommendation of the superintendent, may at the time of
employment or at any time within such two-year period, declare any
of the latter teachers eligible.
(1) Upon the recommendation of the superintendent that a
teacher eligible for continuing service status be reemployed, a
continuing contract shall be entered into between the board and
the teacher unless the board by a three-fourths vote of its full
membership rejects the recommendation of the superintendent. If
the board rejects by a three-fourths vote of its full membership
the recommendation of the superintendent that a teacher eligible
for continuing service status be reemployed and the superintendent
makes no recommendation to the board pursuant to division (C) of
this section, the board may declare its intention not to reemploy
the teacher by giving the teacher written notice on or before the
thirtieth first day of April June of its intention not to reemploy
the teacher. If evaluation procedures have not been complied with
pursuant to section 3319.111 of the Revised Code or the board does
not give the teacher written notice on or before the thirtieth
first day of April June of its intention not to reemploy the
teacher, the teacher is deemed reemployed under an extended
limited contract for a term not to exceed one year at the same
salary plus any increment provided by the salary schedule. The
teacher is presumed to have accepted employment under the extended
limited contract for a term not to exceed one year unless such
teacher notifies the board in writing to the contrary on or before
the first fifteenth day of June, and an extended limited contract
for a term not to exceed one year shall be executed accordingly.
Upon any subsequent reemployment of the teacher only a continuing
contract may be entered into.
(2) If the superintendent recommends that a teacher eligible
for continuing service status not be reemployed, the board may
declare its intention not to reemploy the teacher by giving the
teacher written notice on or before the thirtieth first day of
April June of its intention not to reemploy the teacher. If
evaluation procedures have not been complied with pursuant to
section 3319.111 of the Revised Code or the board does not give
the teacher written notice on or before the thirtieth first day of
April June of its intention not to reemploy the teacher, the
teacher is deemed reemployed under an extended limited contract
for a term not to exceed one year at the same salary plus any
increment provided by the salary schedule. The teacher is presumed
to have accepted employment under the extended limited contract
for a term not to exceed one year unless such teacher notifies the
board in writing to the contrary on or before the first fifteenth
day of June, and an extended limited contract for a term not to
exceed one year shall be executed accordingly. Upon any subsequent
reemployment of a teacher only a continuing contract may be
entered into.
(3) Any teacher receiving written notice of the intention of
a board not to reemploy such teacher pursuant to this division is
entitled to the hearing provisions of division (G) of this
section.
(C)(1) If a board rejects the recommendation of the
superintendent for reemployment of a teacher pursuant to division
(B)(1) of this section, the superintendent may recommend
reemployment of the teacher, if continuing service status has not
previously been attained elsewhere, under an extended limited
contract for a term not to exceed two years, provided that written
notice of the superintendent's intention to make such
recommendation has been given to the teacher with reasons directed
at the professional improvement of the teacher on or before the
thirtieth first day of April June. Upon subsequent reemployment of
the teacher only a continuing contract may be entered into.
(2) If a board of education takes affirmative action on a
superintendent's recommendation, made pursuant to division (C)(1)
of this section, of an extended limited contract for a term not to
exceed two years but the board does not give the teacher written
notice of its affirmative action on the superintendent's
recommendation of an extended limited contract on or before the
thirtieth first day of April June, the teacher is deemed
reemployed under a continuing contract at the same salary plus any
increment provided by the salary schedule. The teacher is presumed
to have accepted employment under such continuing contract unless
such teacher notifies the board in writing to the contrary on or
before the
first fifteenth day of June, and a continuing contract
shall be executed accordingly.
(3) A board shall not reject a superintendent's
recommendation, made pursuant to division (C)(1) of this section,
of an extended limited contract for a term not to exceed two years
except by a three-fourths vote of its full membership. If a board
rejects by a three-fourths vote of its full membership the
recommendation of the superintendent of an extended limited
contract for a term not to exceed two years, the board may declare
its intention not to reemploy the teacher by giving the teacher
written notice on or before the thirtieth first day of April June
of its intention not to reemploy the teacher. If evaluation
procedures have not been complied with pursuant to section
3319.111 of the Revised Code or if the board does not give the
teacher written notice on or before the thirtieth first day of
April June of its intention not to reemploy the teacher, the
teacher is deemed reemployed under an extended limited contract
for a term not to exceed one year at the same salary plus any
increment provided by the salary schedule. The teacher is presumed
to have accepted employment under the extended limited contract
for a term not to exceed one year unless such teacher notifies the
board in writing to the contrary on or before the first fifteenth
day of June, and an extended limited contract for a term not to
exceed one year shall be executed accordingly. Upon any subsequent
reemployment of the teacher only a continuing contract may be
entered into.
Any teacher receiving written notice of the intention of a
board not to reemploy such teacher pursuant to this division is
entitled to the hearing provisions of division (G) of this
section.
(D) A teacher eligible for continuing contract status
employed under an extended limited contract pursuant to division
(B) or (C) of this section, is, at the expiration of such extended
limited contract, deemed reemployed under a continuing contract at
the same salary plus any increment granted by the salary schedule,
unless evaluation procedures have been complied with pursuant to
section 3319.111 of the Revised Code and the employing board,
acting on the superintendent's recommendation that the teacher not
be reemployed, gives the teacher written notice on or before the
thirtieth first day of April June of its intention not to reemploy
such teacher. A teacher who does not have evaluation procedures
applied in compliance with section 3319.111 of the Revised Code or
who does not receive notice on or before the thirtieth first day
of April June of the intention of the board not to reemploy such
teacher is presumed to have accepted employment under a continuing
contract unless such teacher notifies the board in writing to the
contrary on or before the first fifteenth day of June, and a
continuing contract shall be executed accordingly.
Any teacher receiving a written notice of the intention of a
board not to reemploy such teacher pursuant to this division is
entitled to the hearing provisions of division (G) of this
section.
(E) The board shall enter into a limited contract with each
teacher employed by the board who is not eligible to be considered
for a continuing contract.
Any teacher employed under a limited contract, and not
eligible to be considered for a continuing contract, is, at the
expiration of such limited contract, considered reemployed under
the provisions of this division at the same salary plus any
increment provided by the salary schedule unless evaluation
procedures have been complied with pursuant to section 3319.111 of
the Revised Code and the employing board, acting upon the
superintendent's written recommendation that the teacher not be
reemployed, gives such teacher written notice of its intention not
to reemploy such teacher on or before the thirtieth first day of
April June. A teacher who does not have evaluation procedures
applied in compliance with section 3319.111 of the Revised Code or
who does not receive notice of the intention of the board not to
reemploy such teacher on or before the thirtieth first day of
April June is presumed to have accepted such employment unless
such teacher notifies the board in writing to the contrary on or
before the first fifteenth day of June, and a written contract for
the succeeding school year shall be executed accordingly.
Any teacher receiving a written notice of the intention of a
board not to reemploy such teacher pursuant to this division is
entitled to the hearing provisions of division (G) of this
section.
(F) The failure of a superintendent to make a recommendation
to the board under any of the conditions set forth in divisions
(B) to (E) of this section, or the failure of the board to give
such teacher a written notice pursuant to divisions (C) to (E) of
this section shall not prejudice or prevent a teacher from being
deemed reemployed under either a limited or continuing contract as
the case may be under the provisions of this section. A failure of
the parties to execute a written contract shall not void any
automatic reemployment provisions of this section.
(G)(1) Any teacher receiving written notice of the intention
of a board of education not to reemploy such teacher pursuant to
division (B), (C)(3), (D), or (E) of this section may, within ten
days of the date of receipt of the notice, file with the treasurer
of the board a written demand for a written statement describing
the circumstances that led to the board's intention not to
reemploy the teacher.
(2) The treasurer of a board, on behalf of the board, shall,
within ten days of the date of receipt of a written demand for a
written statement pursuant to division (G)(1) of this section,
provide to the teacher a written statement describing the
circumstances that led to the board's intention not to reemploy
the teacher.
(3) Any teacher receiving a written statement describing the
circumstances that led to the board's intention not to reemploy
the teacher pursuant to division (G)(2) of this section may,
within five days of the date of receipt of the statement, file
with the treasurer of the board a written demand for a hearing
before the board pursuant to divisions (G)(4) to (6) of this
section.
(4) The treasurer of a board, on behalf of the board, shall,
within ten days of the date of receipt of a written demand for a
hearing pursuant to division (G)(3) of this section, provide to
the teacher a written notice setting forth the time, date, and
place of the hearing. The board shall schedule and conclude the
hearing within forty days of the date on which the treasurer of
the board receives a written demand for a hearing pursuant to
division (G)(3) of this section.
(5) Any hearing conducted pursuant to this division shall be
conducted by a majority of the members of the board. The hearing
shall be held in executive session of the board unless the board
and the teacher agree to hold the hearing in public. The
superintendent, assistant superintendent, the teacher, and any
person designated by either party to take a record of the hearing
may be present at the hearing. The board may be represented by
counsel and the teacher may be represented by counsel or a
designee. A record of the hearing may be taken by either party at
the expense of the party taking the record.
(6) Within ten days of the conclusion of a hearing conducted
pursuant to this division, the board shall issue to the teacher a
written decision containing an order affirming the intention of
the board not to reemploy the teacher reported in the notice given
to the teacher pursuant to division (B), (C)(3), (D), or (E) of
this section or an order vacating the intention not to reemploy
and expunging any record of the intention, notice of the
intention, and the hearing conducted pursuant to this division.
(7) A teacher may appeal an order affirming the intention of
the board not to reemploy the teacher to the court of common pleas
of the county in which the largest portion of the territory of the
school district or service center is located, within thirty days
of the date on which the teacher receives the written decision, on
the grounds that the board has not complied with this section or
section 3319.111 of the Revised Code.
Notwithstanding section 2506.04 of the Revised Code, the
court in an appeal under this division is limited to the
determination of procedural errors and to ordering the correction
of procedural errors and shall have no jurisdiction to order a
board to reemploy a teacher, except that the court may order a
board to reemploy a teacher in compliance with the requirements of
division (B), (C)(3), (D), or (E) of this section when the court
determines that evaluation procedures have not been complied with
pursuant to section 3319.111 of the Revised Code or the board has
not given the teacher written notice on or before the thirtieth
first day of April June of its intention not to reemploy the
teacher pursuant to division (B), (C)(3), (D), or (E) of this
section. Otherwise, the determination whether to reemploy or not
reemploy a teacher is solely a board's determination and not a
proper subject of judicial review and, except as provided in this
division, no decision of a board whether to reemploy or not
reemploy a teacher shall be invalidated by the court on any basis,
including that the decision was not warranted by the results of
any evaluation or was not warranted by any statement given
pursuant to division (G)(2) of this section.
No appeal of an order of a board may be made except as
specified in this division.
(H)(1) In giving a teacher any notice required by division
(B), (C), (D), or (E) of this section, the board or the
superintendent shall do either of the following:
(a) Deliver the notice by personal service upon the teacher;
(b) Deliver the notice by certified mail, return receipt
requested, addressed to the teacher at the teacher's place of
employment and deliver a copy of the notice by certified mail,
return receipt requested, addressed to the teacher at the
teacher's place of residence.
(2) In giving a board any notice required by division (B),
(C), (D), or (E) of this section, the teacher shall do either of
the following:
(a) Deliver the notice by personal delivery to the office of
the superintendent during regular business hours;
(b) Deliver the notice by certified mail, return receipt
requested, addressed to the office of the superintendent and
deliver a copy of the notice by certified mail, return receipt
requested, addressed to the president of the board at the
president's place of residence.
(3) When any notice and copy of the notice are mailed
pursuant to division (H)(1)(b) or (2)(b) of this section, the
notice or copy of the notice with the earlier date of receipt
shall constitute the notice for the purposes of division (B), (C),
(D), or (E) of this section.
(I) The provisions of this section shall not apply to any
supplemental written contracts entered into pursuant to section
3319.08 of the Revised Code.
Sec. 3319.111. Notwithstanding section 3319.09 of the Revised
Code, this section applies to any person who is employed under a
teacher license issued under this chapter, or under a professional
or permanent teacher's certificate issued under former section
3319.222 of the Revised Code, and who spends at least fifty per
cent of the time employed providing student instruction. However,
this section does not apply to any person who is employed as a
substitute teacher.
(A) Not later than July 1, 2013, the board of education of
each school district, in consultation with teachers employed by
the board, shall adopt a standards-based teacher evaluation policy
that conforms with the framework for evaluation of teachers
developed under section 3319.112 of the Revised Code. The policy
shall become operative at the expiration of any collective
bargaining agreement covering teachers employed by the board that
is in effect on the effective date of this section and shall be
included in any renewal or extension of such an agreement.
(B) When using measures of student academic growth as a
component of a teacher's evaluation, those measures shall include
the value-added progress dimension prescribed by section 3302.021
of the Revised Code. For teachers of grade levels and subjects for
which the value-added progress dimension is not applicable, the
board shall administer assessments on the list developed under
division (B)(2) of section 3319.112 of the Revised Code.
(C)(1) The board shall conduct an evaluation of each teacher
employed by the board at least once each school year, except as
provided in divisions division (C)(2) and (3) of this section. The
evaluation shall be completed by the first day of April May and
the teacher shall receive a written report of the results of the
evaluation by the tenth day of April May.
(2) If the board has entered into a limited contract or
extended limited contract with the teacher pursuant to section
3319.11 of the Revised Code, the board shall evaluate the teacher
at least twice in any school year in which the board may wish to
declare its intention not to re-employ the teacher pursuant to
division (B), (C)(3), (D), or (E) of that section. One evaluation
shall be conducted and completed not later than the fifteenth day
of January and the teacher being evaluated shall receive a written
report of the results of this evaluation not later than the
twenty-fifth day of January. One evaluation shall be conducted and
completed between the tenth day of February and the first day of
April and the teacher being evaluated shall receive a written
report of the results of this evaluation not later than the tenth
day of April.
(3) The board may elect, by adoption of a resolution, to
evaluate each teacher who received a rating of accomplished on the
teacher's most recent evaluation conducted under this section once
every two school years. In that case, the biennial evaluation
shall be completed by the first day of April May of the applicable
school year, and the teacher shall receive a written report of the
results of the evaluation by the tenth day of April May of that
school year.
(D) Each evaluation conducted pursuant to this section shall
be conducted by one or more of the following persons who hold a
credential established by the department of education for being an
evaluator:
(1) A person who is under contract with the board pursuant to
section 3319.01 or 3319.02 of the Revised Code and holds a license
designated for being a superintendent, assistant superintendent,
or principal issued under section 3319.22 of the Revised Code;
(2) A person who is under contract with the board pursuant to
section 3319.02 of the Revised Code and holds a license designated
for being a vocational director, administrative specialist, or a
supervisor in any educational area issued under section 3319.22 of
the Revised Code;
(3) A person designated to conduct evaluations under an
agreement providing for peer review entered into by the board,
including an agreement providing for peer review entered into by
the board and representatives of teachers employed by the board;
(4) A person who is employed by an entity contracted by the
board to conduct evaluations and who holds a license designated
for being a superintendent, assistant superintendent, principal,
vocational director, administrative specialist, or supervisor in
any educational area issued under section 3319.22 of the Revised
Code or is qualified to conduct evaluations.
(E) Notwithstanding division (A)(3) of section 3319.112 of
the Revised Code:
(1) The board shall require at least three formal
observations of each teacher who is under consideration for
nonrenewal and with whom the board has entered into a limited
contract or an extended limited contract under section 3319.11 of
the Revised Code.
(2) The board may elect, by adoption of a resolution, to
require only one formal observation of a teacher who received a
rating of accomplished on the teacher's most recent evaluation
conducted under this section, provided the teacher completes a
project that has been approved by the board to demonstrate the
teacher's continued growth and practice at the accomplished level.
(F) The board shall include in its evaluation policy
procedures for using the evaluation results for retention and
promotion decisions and for removal of poorly performing teachers.
Seniority shall not be the basis for a decision to retain a
teacher, except when making a decision between teachers who have
comparable evaluations.
(F) This section does not apply to superintendents and
administrators subject to evaluation procedures under sections
3319.01 and 3319.02 of the Revised Code or to any teacher employed
as a substitute for less than one hundred twenty days during a
school year pursuant to section 3319.10 of the Revised Code.
(G) For purposes of section 3333.0411 of the Revised Code,
the board annually shall report to the department of education the
number of teachers for whom an evaluation was conducted under this
section and the number of teachers assigned each rating prescribed
under division (B)(1) of section 3319.112 of the Revised Code,
aggregated by the teacher preparation programs from which and the
years in which the teachers graduated. The department shall
establish guidelines for reporting the information required by
this division. The guidelines shall not permit or require that the
name of, or any other personally identifiable information about,
any teacher be reported under this division.
(H) Notwithstanding any provision to the contrary in Chapter
4117. of the Revised Code, the requirements of this section
prevail over any conflicting provisions of a collective bargaining
agreement entered into on or after the effective date of this
amendment.
Sec. 3319.112. (A) Not later than December 31, 2011, the
state board of education shall develop a standards-based state
framework for the evaluation of teachers. The state board may
update the framework periodically by adoption of a resolution. The
framework shall establish an evaluation system that does the
following:
(1) Provides for multiple evaluation factors, including
student academic growth which shall account for fifty per cent of
each evaluation;. In calculating student academic growth for an
evaluation, a student shall not be included if the student has
sixty or more unexcused absences for the school year.
(2) Is aligned with the standards for teachers adopted under
section 3319.61 of the Revised Code;
(3) Requires observation of the teacher being evaluated,
including at least two formal observations by the evaluator of at
least thirty minutes each and classroom walkthroughs;
(4) Assigns a rating on each evaluation in accordance with
division (B) of this section;
(5) Requires each teacher to be provided with a written
report of the results of the teacher's evaluation;
(6) Identifies measures of student academic growth for grade
levels and subjects for which the value-added progress dimension
prescribed by section 3302.021 of the Revised Code does not apply;
(7) Implements a classroom-level, value-added program
developed by a nonprofit organization described in division (B) of
section 3302.021 of the Revised Code;
(8) Provides for professional development to accelerate and
continue teacher growth and provide support to poorly performing
teachers;
(9) Provides for the allocation of financial resources to
support professional development.
(B) For purposes of the framework developed under this
section, the state board also shall do the following:
(1) Develop specific standards and criteria that distinguish
between the following levels of performance for teachers and
principals for the purpose of assigning ratings on the evaluations
conducted under sections 3319.02 and 3319.111 of the Revised Code:
(2) For grade levels and subjects for which the assessments
prescribed under sections 3301.0710 and 3301.0712 of the Revised
Code and the value-added progress dimension prescribed by section
3302.021 of the Revised Code do not apply, develop a list of
student assessments that measure mastery of the course content for
the appropriate grade level, which may include nationally normed
standardized assessments, industry certification examinations, or
end-of-course examinations.
(C) The state board shall consult with experts, teachers and
principals employed in public schools, and representatives of
stakeholder groups in developing the standards and criteria
required by division (B)(1) of this section.
(D) To assist school districts in developing evaluation
policies under sections 3319.02 and 3319.111 of the Revised Code,
the department shall do both of the following:
(1) Serve as a clearinghouse of promising evaluation
procedures and evaluation models that districts may use;
(2) Provide technical assistance to districts in creating
evaluation policies.
(E) Not later than June 30, 2013, the state board, in
consultation with state agencies that employ teachers, shall
develop a standards-based framework for the evaluation of teachers
employed by those agencies. Each state agency that employs
teachers shall adopt a standards-based teacher evaluation policy
that conforms with the framework developed under this division.
The policy shall become operative at the expiration of any
collective bargaining agreement covering teachers employed by the
agency that is in effect on the effective date of this amendment
and shall be included in any renewal or extension of such an
agreement.
Sec. 3319.58. (A) As used in this section, "core subject
area" has the same meaning as in section 3319.074 of the Revised
Code.
(B) Each year, beginning with the 2015-2016 school year, the
board of education of each city, exempted village, local, and
joint vocational school district shall require each classroom
teacher who is currently teaching in a core subject area and has
received a rating of ineffective on the evaluations conducted
under section 3319.111 of the Revised Code for two of the three
most recent school years to register for and take all written
examinations of content knowledge selected by the department of
education as appropriate to determine expertise to teach that core
subject area and the grade level to which the teacher is assigned.
(C) Each year, beginning with the 2015-2016 school year, the
board of education of each city, exempted village, and local
school district, governing authority of each community school
established under Chapter 3314. of the Revised Code, and governing
body of each STEM school established under Chapter 3326. of the
Revised Code with a building ranked in the lowest ten per cent of
all public school buildings according to performance index score,
under section 3302.21 of the Revised Code, shall require each
classroom teacher currently teaching in a core subject area in
such a building to register for and take all written examinations
prescribed by the state board of education for licensure of
content knowledge selected by the department as appropriate to
determine expertise to teach that core subject area and the grade
level to which the teacher is assigned
under section 3319.22 of
the Revised Code. However, if
(D) If a teacher who takes an examination under division (B)
of this section passes that examination and provides proof of that
passage to the teacher's employer, the employer shall require the
teacher, at the teacher's expense, to complete professional
development that is targeted to the deficiencies identified in the
teacher's evaluations conducted under section 3319.111 of the
Revised Code. The receipt by the teacher of a rating of
ineffective on the teacher's next evaluation after completion of
the professional development, or the failure of the teacher to
complete the professional development, shall be grounds for
termination of the teacher under section 3319.16 of the Revised
Code.
(E) If a teacher who takes a prescribed an examination under
this division section passes that examination and provides proof
of that passage to the teacher's employer, the teacher shall not
be required to take the examination again for three years,
regardless of the teacher's evaluation ratings or the performance
index score ranking of the building in which the teacher teaches.
No teacher shall be responsible for the cost of taking an
examination under this division section.
(C)(F) Each district board of education, each community
school governing authority, and each STEM school governing body
may use the results of a teacher's examinations required under
division (B) or (C) of this section in developing and revising
professional development plans and in deciding whether or not to
continue employing the teacher in accordance with the provisions
of this chapter or Chapter 3314. or 3326. of the Revised Code.
However, no decision to terminate or not to renew a teacher's
employment contract shall be made solely on the basis of the
results of a teacher's examination under this section until and
unless the teacher has not attained a passing score on the same
required examination for at least three consecutive
administrations of that examination.
Sec. 3321.01. (A)(1) As used in this chapter, "parent,"
"guardian," or "other person having charge or care of a child"
means either parent unless the parents are separated or divorced
or their marriage has been dissolved or annulled, in which case
"parent" means the parent who is the residential parent and legal
custodian of the child. If the child is in the legal or permanent
custody of a person or government agency, "parent" means that
person or government agency. When a child is a resident of a home,
as defined in section 3313.64 of the Revised Code, and the child's
parent is not a resident of this state, "parent," "guardian," or
"other person having charge or care of a child" means the head of
the home.
A child between six and eighteen years of age is "of
compulsory school age" for the purpose of sections 3321.01 to
3321.13 of the Revised Code. A child under six years of age who
has been enrolled in kindergarten also shall be considered "of
compulsory school age" for the purpose of sections 3321.01 to
3321.13 of the Revised Code unless at any time the child's parent
or guardian, at the parent's or guardian's discretion and in
consultation with the child's teacher and principal, formally
withdraws the child from kindergarten. The compulsory school age
of a child shall not commence until the beginning of the term of
such schools, or other time in the school year fixed by the rules
of the board of the district in which the child resides.
(2) No child shall be admitted to a kindergarten or a first
grade of a public school in a district in which all children are
admitted to kindergarten and the first grade in August or
September unless the child is five or six years of age,
respectively, by the thirtieth day of September of the year of
admittance, or by the first day of a term or semester other than
one beginning in August or September in school districts granting
admittance at the beginning of such term or semester, except that
in those school districts using or obtaining educationally
accepted standardized testing programs for determining entrance,
as approved by the board of education of such districts, the board
shall admit a child to kindergarten or the first grade who fails
to meet the age requirement, provided the child meets necessary
standards as determined by such standardized testing programs. If
the board of education has not established a standardized testing
program, the board shall designate the necessary standards and a
testing program it will accept for the purpose of admitting a
child to kindergarten or first grade who fails to meet the age
requirement. Each child who will be the proper age for entrance to
kindergarten or first grade by the first day of January of the
school year for which admission is requested shall be so tested
upon the request of the child's parent unless the child has been
recommended for early admittance in accordance with the district's
acceleration policy adopted under section 3324.10 of the Revised
Code. A child who does not meet the age requirement for admittance
to kindergarten or first grade shall be evaluated for early
admittance upon referral by the child's parent or guardian, an
educator employed by the district, a preschool educator who knows
the child, or a pediatrician or psychologist who knows the child.
(3) Notwithstanding divisions division (A)(2) and (D) of this
section, beginning with the school year that starts in 2001 and
continuing thereafter the board of education of any district may
adopt a resolution establishing the first day of August in lieu of
the thirtieth day of September as the required date by which
students must have attained the age specified in those divisions
that division.
(4) After a student has been admitted to kindergarten in a
school district or chartered nonpublic school, no board of
education of a school district to which the student transfers
shall deny that student admission based on the student's age.
(B) As used in divisions division (C) and (D) of this
section, "successfully completed kindergarten" and "successful
completion of kindergarten" mean means that the child has
completed the kindergarten requirements at one of the following:
(1) A public or chartered nonpublic school;
(2) A kindergarten class that is both of the following:
(a) Offered by a day-care provider licensed under Chapter
5104. of the Revised Code;
(b) If offered after July 1, 1991, is directly taught by a
teacher who holds one of the following:
(i) A valid educator license issued under section 3319.22 of
the Revised Code;
(ii) A Montessori preprimary credential or age-appropriate
diploma granted by the American Montessori society or the
association Montessori internationale;
(iii) Certification determined under division (G)(F) of this
section to be equivalent to that described in division
(B)(2)(b)(ii) of this section;
(iv) Certification for teachers in nontax-supported schools
pursuant to section 3301.071 of the Revised Code.
(C) Except as provided in division (D)(A)(2) of this section,
no school district shall admit to the first grade any child who
has not successfully completed kindergarten.
(D) Upon request of a parent, the requirement of division (C)
of this section may be waived by the district's pupil personnel
services committee in the case of a child who is at least six
years of age by the thirtieth day of September of the year of
admittance and who demonstrates to the satisfaction of the
committee the possession of the social, emotional, and cognitive
skills necessary for first grade.
The board of education of each city, local, and exempted
village school district shall establish a pupil personnel services
committee. The committee shall be composed of all of the following
to the extent such personnel are either employed by the district
or employed by the governing board of the educational service
center within whose territory the district is located and the
educational service center generally furnishes the services of
such personnel to the district:
(1) The director of pupil personnel services;
(2) An elementary school counselor;
(3) An elementary school principal;
(4) A school psychologist;
(5) A teacher assigned to teach first grade;
(6) A gifted coordinator.
The responsibilities of the pupil personnel services
committee shall be limited to the issuing of waivers allowing
admittance to the first grade without the successful completion of
kindergarten. The committee shall have no other authority except
as specified in this section.
(E) The scheduling of times for kindergarten classes and
length of the school day for kindergarten shall be determined by
the board of education of a city, exempted village, or local
school district.
(F)(E) Any kindergarten class offered by a day-care provider
or school described by division (B)(1) or (B)(2)(a) of this
section shall be developmentally appropriate.
(G)(F) Upon written request of a day-care provider described
by division (B)(2)(a) of this section, the department of education
shall determine whether certification held by a teacher employed
by the provider meets the requirement of division (B)(2)(b)(iii)
of this section and, if so, shall furnish the provider a statement
to that effect.
(H)(G) As used in this division, "all-day kindergarten" has
the same meaning as in section 3321.05 of the Revised Code.
(1) Any school district that did not receive for fiscal year
2009 poverty-based assistance for all-day kindergarten under
division (D) of section 3317.029 of the Revised Code may charge
fees or tuition for students enrolled in all-day kindergarten. If
a district charges fees or tuition for all-day kindergarten under
this division, the district shall develop a sliding fee scale
based on family incomes.
(2) The department of education shall conduct an annual
survey of each school district described in division (H)(G)(1) of
this section to determine the following:
(a) Whether the district charges fees or tuition for students
enrolled in all-day kindergarten;
(b) The amount of the fees or tuition charged;
(c) How many of the students for whom tuition is charged are
eligible for free lunches under the "National School Lunch Act,"
60 Stat. 230 (1946), 42 U.S.C. 1751, as amended, and the "Child
Nutrition Act of 1966," 80 Stat. 885, 42 U.S.C. 1771, as amended,
and how many of the students for whom tuition is charged are
eligible for reduced price lunches under those acts;
(d) How many students are enrolled in traditional half-day
kindergarten rather than all-day kindergarten.
Each district shall report to the department, in the manner
prescribed by the department, the information described in
divisions (H)(G)(2)(a) to (d) of this section.
The department shall issue an annual report on the results of
the survey and shall post the report on its web site. The
department shall issue the first report not later than April 30,
2008, and shall issue a report not later than the thirtieth day of
April each year thereafter.
Sec. 3323.011. As used in this chapter, "individualized
education program" or "IEP" means a written statement for each
child with a disability that is developed, reviewed, and revised
in accordance with this definition and that includes:
(A) A statement of the child's present levels of academic
achievement and functional performance, including:
(1) How the child's disability affects the child's
involvement and progress in the general education curriculum;
(2) For a preschool child with a disability, as appropriate,
how the disability affects the child's participation in
appropriate activities;
(3) For a child with a disability who is not a preschool
child and who will take alternate assessments aligned to alternate
achievement standards, a description of benchmarks or short-term
objectives.
(B) A statement of measurable annual goals, including
academic and functional goals and, at the discretion of the
department of education, short-term instructional objectives that
are designed to:
(1) Meet the child's needs that result from the child's
disability so as to enable the child to be involved in and make
progress in the general education curriculum;
(2) Meet each of the child's other educational needs that
result from the child's disability.
(C) A description of how the child's progress toward meeting
the annual goals described pursuant to division (B) of this
section will be measured and when periodic reports on the progress
the child is making toward meeting the annual goals will be
provided. Such reports may be quarterly or other periodic reports
that are issued concurrent with the issuance of regular report
cards.
(D) A statement of the special education and related services
and supplementary aids and services, based on peer-reviewed
research to the extent practicable, to be provided to the child,
or on behalf of the child, and a statement of the program
modifications or supports for school personnel that will be
provided for the child so that the child may:
(1) Advance appropriately toward attaining the annual goals
described pursuant to division (B) of this section;
(2) Be involved in and make progress in the general education
curriculum and participate in extracurricular and other
nonacademic activities;
(3) Be educated with and participate with both other children
with disabilities and nondisabled children in the specific
activities described pursuant to division (D) of this section.
(E) An explanation of the extent, if any, to which the child
will not participate with nondisabled children in the regular
class, including an early childhood education setting, and in the
activities described pursuant to division (D) of this section;
(F) A statement of any individual appropriate accommodations
that are necessary to measure the academic achievement and
functional performance of the child on state and districtwide
assessments consistent with section 612(a)(16) of the "Individuals
with Disabilities Education Improvement Act of 2004," 20 U.S.C.
1412(a)(16). If the IEP team determines that the child shall take
an alternate assessment on a particular state or districtwide
assessment of student achievement, the IEP shall contain a
statement of why the child cannot participate in the regular
assessment and why the particular alternate assessment selected is
appropriate for the child.
(G) The projected date for the beginning of the services and
modifications described pursuant to division (D) of this section
and the anticipated frequency, location, and duration of those
services and modifications;
(H) Beginning not later than the first IEP to be in effect
when the child is sixteen fourteen years of age, and updated
annually thereafter, a statement describing:
(1) Appropriate measurable post-secondary goals based upon
age-appropriate transition assessments related to training,
education, employment, and independent living skills;
(2) Appropriate measurable post-secondary goals based on
age-appropriate transition assessments related to employment in a
competitive environment in which workers are integrated regardless
of disability;
(3) The transition services, including courses of study,
needed to assist the child in reaching the goals described in
division divisions (H)(1) and (2) of this section.
(I) Beginning not later than one year before the child
reaches eighteen years of age, a statement that the child has been
informed of the child's rights under Title XX of the United States
Code that will transfer to the child on reaching eighteen years of
age in accordance with section 615(m) of the "Individuals with
Disabilities Education Improvement Act of 2004," 20 U.S.C.
1415(m).
Nothing in this section shall be construed to require that
additional information be included in a child's IEP beyond the
items explicitly required by this section and that the IEP team
include information under one component of a child's IEP that is
already contained under another component of the IEP.
Sec. 3323.052. (A) Not later than sixty days after the
effective date of this section November 28, 2011, the department
of education shall develop a document that compares a parent's and
child's rights under this chapter and 20 U.S.C. 1400 et seq. with
the parent's and child's rights under the Jon Peterson special
needs scholarship program, established in sections 3310.51 to
3310.64 of the Revised Code, including the deadline for
application for a scholarship or renewal of a scholarship and
notice of that application to the child's school district,
prescribed in division (C) of section 3310.52 of the Revised Code,
and the provisions of divisions (A) and (B) of section 3310.53 of
the Revised Code. The department shall revise that document as
necessary to reflect any pertinent changes in state or federal
statutory law, rule, or regulation enacted or adopted after the
initial document is developed. The
(B) The department and each school district shall ensure that
the document prescribed in division (A) of this section is
included in, appended to, or otherwise distributed in conjunction
with the notice required under 20 U.S.C. 1415(d), and any
provision of the Code of Federal Regulations implementing that
requirement, in the manner and at all the times specified for such
notice in federal law or regulation. As
(C) In addition to the requirement prescribed by division (B)
of this section, each time a child's school district completes an
evaluation for a child with a disability or undertakes the
development, review, or revision of the child's IEP, the district
shall notify the child's parent, by letter or electronic means,
about both the autism scholarship program, under section 3310.41
of the Revised Code, and the Jon Peterson special needs
scholarship program, under sections 3310.51 to 3310.64 of the
Revised Code. The notice shall include the following statement:
"Your child may be eligible for a scholarship under the
Autism Scholarship Program or the Jon Peterson Special Needs
Scholarship Program to attend a special education program that
implements the child's individualized education program and that
is operated by an alternative public provider or by a registered
private provider."
The notice shall include the telephone number of the office
of the department responsible for administering the scholarship
programs and the specific location of scholarship information on
the department's web site.
(D) As used in this section, a "child's school district"
means the school district in which the child is entitled to attend
school under section 3313.64 or 3313.65 of the Revised Code.
Sec. 3323.19. (A) Within three months after a student
identified with disabilities begins receiving services for the
first time under an individualized education program, the school
district in which that student is enrolled shall require the
student to undergo a comprehensive eye examination performed
either by an optometrist licensed under Chapter 4725. of the
Revised Code or by a physician authorized under Chapter 4731. of
the Revised Code to practice medicine and surgery or osteopathic
medicine and surgery who is comprehensively trained and educated
in the treatment of the human eye, eye disease, or comprehensive
vision services, unless the student underwent such an examination
within the nine-month period immediately prior to being identified
with disabilities.
However, no student who has not undergone the eye examination
required under this section shall be prohibited from initiating,
receiving, or continuing to receive services prescribed in the
student's individualized education program.
(B) The superintendent of each school district or the
superintendent's designee may determine fulfillment of the
requirement prescribed in division (A) of this section based on
any special circumstances of the student, the student's parent,
guardian, or family that may prevent the student from undergoing
the eye examination prior to beginning special education services.
(C) Except for a student who may be entitled to a
comprehensive eye examination in the identification of the
student's disabilities, in the development of the student's
individualized education program, or as a related service under
the student's individualized education program, neither the state
nor any school district shall be responsible for paying for the
eye examination required by this section.
(D) The department of education annually shall do both of the
following:
(1) Notify each school district and community school of the
requirements of this section;
(2) Collect from each school district and community school
the total number of students enrolled in the district who were
subject to the requirements of this section and the total number
of students who received the examination, as verified by
documentation received from the district.
Sec. 3326.03. (A) The STEM committee shall authorize the
establishment of and award grants to science, technology,
engineering, and mathematics schools based on proposals submitted
to the committee.
The committee shall determine the criteria for proposals,
establish procedures for the submission of proposals, accept and
evaluate proposals, and choose which proposals to approve to
become a STEM school. In approving proposals for STEM schools, the
committee shall consider locating the schools in diverse
geographic regions of the state so that all students have access
to a STEM school.
The committee may authorize the establishment of a group of
multiple STEM schools to operate from multiple facilities located
in one or more school districts under the direction of a single
governing body in the manner prescribed by section 3326.031 of the
Revised Code. The committee shall consider the merits of each of
the proposed STEM schools within a group and shall authorize each
school separately. Anytime after authorizing a group of STEM
schools to be under the direction of a single governing body, upon
a proposal from the governing body, the committee may authorize
one or more additional schools to operate as part of that group.
The STEM committee may approve one or more STEM schools to
serve only students identified as gifted under Chapter 3324. of
the Revised Code.
(B) Proposals may be submitted only by a partnership of
public and private entities consisting of at least all of the
following:
(1) A city, exempted village, local, or joint vocational
school district;
(2) Higher education entities;
(3) Business organizations.
(C) Each proposal shall include at least the following:
(1) Assurances that the STEM school or group of STEM schools
will be under the oversight of a governing body and a description
of the members of that governing body and how they will be
selected;
(2) Assurances that the each STEM school will operate in
compliance with this chapter and the provisions of the proposal as
accepted by the committee;
(3) Evidence that the each school will offer a rigorous,
diverse, integrated, and project-based curriculum to students in
any of grades six through twelve, with the goal to prepare those
students for college, the workforce, and citizenship, and that
does all of the following:
(a) Emphasizes the role of science, technology, engineering,
and mathematics in promoting innovation and economic progress;
(b) Incorporates scientific inquiry and technological design;
(c) Includes the arts and humanities;
(d) Emphasizes personalized learning and teamwork skills.
(4) Evidence that the each school will attract school leaders
who support the curriculum principles of division (C)(3) of this
section;
(5) A description of how the each school's curriculum will be
developed and approved in accordance with section 3326.09 of the
Revised Code;
(6) Evidence that the each school will utilize an established
capacity to capture and share knowledge for best practices and
innovative professional development;
(7) Evidence that the each school will operate in
collaboration with a partnership that includes institutions of
higher education and businesses;
(8) Assurances that the each school has received commitments
of sustained and verifiable fiscal and in-kind support from
regional education and business entities;
(9) A description of how the each school's assets will be
distributed if the school closes for any reason.
Sec. 3326.031. (A) As authorized by the STEM committee, a
single governing body may direct a group of multiple STEM schools
to operate from multiple facilities located in one or more school
districts to be organized and operated in the manner prescribed
under this chapter except as specified by this section. Each
school within the group shall operate as a separate school but
under the direction of a common governing body. The governing body
may employ a single treasurer, licensed in the manner prescribed
by section 3326.21 of the Revised Code, to manage the fiscal
affairs of all of the schools within the group. Each school shall
have a chief administrative officer, as required by section
3326.08 of the Revised Code, but the governing body may in its
discretion appoint a single individual to be the chief
administrative officer of two or more schools in the group. No
school within the group shall be organized or funded in the manner
prescribed by section 3326.51 of the Revised Code.
(B) The department shall calculate funds under this chapter
for each STEM school within a group separately and shall pay those
funds directly to each school.
(C) In accordance with section 3326.17 of the Revised Code,
the department shall issue a separate report card for each STEM
school within a group. The department also shall compute a rating
for each group of schools and report that rating in a distinct
report card for the group.
Sec. 3326.04. (A) The STEM committee shall award grants to
support the operation of STEM programs of excellence to serve
students in any of grades kindergarten through eight through a
request for proposals.
(B) Proposals may be submitted by any of the following:
(1) The board of education of a city, exempted village, or
local school district;
(2) The governing authority of a community school established
under Chapter 3314. of the Revised Code.
(C) Each proposal shall demonstrate to the satisfaction of
the STEM committee that the program meets at least the following
standards:
(1) The Unless the program is designed to serve only students
identified as gifted under Chapter 3324. of the Revised Code, the
program will serve all students enrolled in the district or school
in the grades for which the program is designed.
(2) The program will offer a rigorous and diverse curriculum
that is based on scientific inquiry and technological design, that
emphasizes personalized learning and teamwork skills, and that
will expose students to advanced scientific concepts within and
outside the classroom.
(3) The Unless the program is designed to serve only students
identified as gifted under Chapter 3324. of the Revised Code, the
program will not limit participation of students on the basis of
intellectual ability, measures of achievement, or aptitude.
(4) The program will utilize an established capacity to
capture and share knowledge for best practices and innovative
professional development.
(5) The program will operate in collaboration with a
partnership that includes institutions of higher education and
businesses.
(6) The program will include teacher professional development
strategies that are augmented by community and business partners.
(D) The STEM committee shall give priority to proposals for
new or expanding innovative programs.
Sec. 3326.10. Each science, technology, engineering, and
mathematics school shall adopt admission procedures that specify
the following:
(A)(1) Admission shall be open to individuals entitled and
eligible to attend school pursuant to section 3313.64 or 3313.65
of the Revised Code in a school district in the state.
(2) Students who are not residents of Ohio shall not be
permitted to enroll in a science, technology, engineering, and
mathematics school.
(B) There will be no discrimination in the admission of
students to the school on the basis of race, creed, color,
disability, or sex.
(C) The school will comply with all federal and state laws
regarding the education of students with disabilities.
(D) The Unless the school serves only students identified as
gifted under Chapter 3324. of the Revised Code, the school will
not limit admission to students on the basis of intellectual
ability, measures of achievement or aptitude, or athletic or
artistic ability; the.
(E) The school will assert its best effort to attract a
diverse student body that reflects the community;, and the school
will recruit students from disadvantaged and underrepresented
groups.
Sec. 3326.11. Each science, technology, engineering, and
mathematics school established under this chapter and its
governing body shall comply with sections 9.90, 9.91, 109.65,
121.22, 149.43, 2151.357, 2151.421, 2313.19, 2921.42, 2921.43,
3301.0714, 3301.0715, 3313.14, 3313.15, 3313.16, 3313.18,
3313.201, 3313.26, 3313.472, 3313.48, 3313.481, 3313.482, 3313.50,
3313.536, 3313.608, 3313.6012, 3313.6013, 3313.6014, 3313.6015,
3313.61, 3313.611, 3313.614, 3313.615, 3313.643, 3313.648,
3313.6411, 3313.66, 3313.661, 3313.662, 3313.666, 3313.667,
3313.67, 3313.671, 3313.672, 3313.673, 3313.674, 3313.69, 3313.71,
3313.716, 3313.718, 3313.719, 3313.80, 3313.801, 3313.814,
3313.816, 3313.817, 3313.86, 3313.88, 3313.96, 3319.073, 3319.21,
3319.32, 3319.321, 3319.35, 3319.39, 3319.391, 3319.41, 3319.45,
3321.01, 3321.041, 3321.13, 3321.14, 3321.17, 3321.18, 3321.19,
3321.191, 3327.10, 4111.17, 4113.52, and 5705.391 and Chapters
102., 117., 1347., 2744., 3307., 3309., 3365., 3742., 4112.,
4123., 4141., and 4167. of the Revised Code as if it were a school
district.
Sec. 3326.17. (A) The department of education shall issue an
annual report card for each science, technology, engineering, and
mathematics school that includes all information applicable to
school buildings under section 3302.03 of the Revised Code.
(B) For each student enrolled in a STEM school, the
department shall combine data regarding the academic performance
of that student with comparable data from the school district in
which the student is entitled to attend school pursuant to section
3313.64 or 3313.65 of the Revised Code for the purpose of
calculating the performance of the district as a whole on the
report card issued for the district under section 3302.03 of the
Revised Code.
(C) The department also shall compute a rating for each group
of STEM schools that is under the direction of the same governing
body, as authorized under section 3326.031 of the Revised Code,
and issue a distinct report card for the group as a whole.
(D) Each STEM school and its governing body shall comply with
sections 3302.04 and 3302.041 of the Revised Code, except that any
action required to be taken by a school district pursuant to those
sections shall be taken by the school. However, the school shall
not be required to take any action described in division (F) of
section 3302.04 of the Revised Code.
Sec. 3326.21. (A) Each Except as provided by section 3326.031
of the Revised Code, each science, technology, engineering, and
mathematics school shall have a treasurer who is licensed under
section 3301.074 of the Revised Code. The governing body of the
school and the treasurer shall comply with sections 3301.072,
3313.22 to 3313.32, 3313.51, and 3315.08 of the Revised Code in
the same manner as a school district board of education and a
district treasurer.
(B) Financial records of each STEM school shall be maintained
in the same manner as are financial records of school districts,
pursuant to rules of the auditor of state.
Sec. 3326.26. The governing body of a science, technology,
engineering, and mathematics school may screen students in ninth
grade for body mass index and weight status category. If a
governing body elects to require the screenings, it shall comply
with section 3313.674 of the Revised Code in the same manner
required of a school district board of education.
Sec. 3328.15. (A) Each college-preparatory boarding school
established under this chapter shall be governed by a board of
trustees consisting of up to twenty-five members. Five of those
members shall be appointed by the governor, with the advice and
consent of the senate. The governor's appointments may be based on
nonbinding recommendations made by the superintendent of public
instruction. Of the remaining members, initial members shall be
appointed by the school's operator and future members shall be
appointed pursuant to the bylaws adopted under section 3328.13 of
the Revised Code. The governor, operator, or any other person or
entity who appoints a member of the board of trustees under this
section or the bylaws adopted under section 3328.13 of the Revised
Code may remove that member from the board at any time.
(B) The terms of office of the initial members shall be as
follows:
(1) Two members appointed by the governor shall serve for an
initial term of three years.
(2) Two members appointed by the governor shall serve for an
initial term of two years.
(3) One member appointed by the governor shall serve for an
initial term of one year.
(4) One-third of the members appointed by the operator,
rounded down to the nearest whole number, shall serve for an
initial term of three years.
(5) One-third of the members appointed by the operator,
rounded down to the nearest whole number, shall serve for an
initial term of two years.
(6) One-third of the members appointed by the operator,
rounded down to the nearest whole number, shall serve for an
initial term of one year.
(7) Any remaining members appointed by the operator shall
serve for an initial term of one year.
Thereafter the terms of office of all members shall be for
three years.
The beginning date and ending date of terms of office shall
be as prescribed by the school's operator, unless modified in the
bylaws adopted under section 3328.13 of the Revised Code.
(C) Vacancies on the board shall be filled in the same manner
as the initial appointments. A member appointed to an unexpired
term shall serve for the remainder of that term and may be
reappointed subject to division (D) of this section.
(D) No member may serve for more than three consecutive
three-year terms.
(E) The officers of the board shall be selected by and from
among the members of the board.
(F) Compensation for the members of the board, if any, shall
be as prescribed in the bylaws adopted under section 3328.13 of
the Revised Code.
Sec. 3328.24. A college-preparatory boarding school
established under this chapter, its operator, and its board of
trustees shall comply with sections 102.02, 3301.0710, 3301.0711,
3301.0712, 3301.0714, 3313.6411, 3319.39, and 3319.391 of the
Revised Code as if the school were a school district and the
school's board of trustees were a district board of education.
Sec. 3333.0411. Not later than December 31, 2012, and
annually thereafter, the chancellor of the Ohio board of regents
shall report aggregate academic growth data for students assigned
to graduates of teacher preparation programs approved under
section 3333.048 of the Revised Code who teach English language
arts or mathematics in any of grades four to eight in a public
school in Ohio. For this purpose, the chancellor shall use the
value-added progress dimension prescribed by section 3302.021 of
the Revised Code. The chancellor shall aggregate the data by
graduating class for each approved teacher preparation program,
except that if a particular class has ten or fewer graduates to
which this section applies, the chancellor shall report the data
for a group of classes over a three-year period. In
Not later than December 31, 2014, and annually thereafter,
the chancellor of the Ohio board of regents shall report for each
approved teacher preparation program, the number and percentage of
all graduates of the program who were rated at each of the
performance levels prescribed by division (B)(1) of section
3319.112 of the Revised Code on an evaluation conducted in
accordance with section 3319.111 of the Revised Code in the
previous school year.
In no case shall the report reports identify any individual
graduate. The department of education shall share any data
necessary for the report with the chancellor.
Sec. 4123.391. (A) For purposes of this section, "learn to
earn program" has the same meaning as in section 4141.293 of the
Revised Code.
(B) Solely for the purpose of providing compensation and
benefits as set forth in this section, a participant in a learn to
earn program is an employee of the department, and not an employee
of the entity conducting the training.
(C) A learn to earn program participant who suffers an injury
or contracts an occupational disease in the course of and arising
out of participation in the learn to earn program is entitled to
compensation and benefits under this chapter.
(D)(1) This chapter is the exclusive remedy for a learn to
earn program participant or the participant's dependents resulting
from the participant's injury or occupational disease received in
the course of and arising out of the participant's participation
in the program. Pursuant to section 4123.74 of the Revised Code,
neither the department nor the designated worksite training
provider shall be liable to respond in damages at common law or by
statute for any injury, occupational disease, or bodily condition
suffered or contracted by a participant in the course of or
arising out of participation in the program.
(2) Notwithstanding division (D)(1) of this section, a
participant or the participant's dependents do not waive any cause
of action for an intentional tort under section 2745.01 of the
Revised Code against the department or the designated worksite
training provider.
(E) The department may include a learn to earn program
participant in its department workers' compensation coverage, or
may establish a separate workers' compensation coverage policy
with the bureau of workers' compensation upon the terms and
conditions for insurance to be established by the bureau
consistent with insurance principles, as is equitable in the view
of degree and hazard.
Sec. 4139.01. As used in sections 4139.01 to 4139.06 of the
Revised Code this chapter:
(A) "Apprentice" means a person at least sixteen years of
age, except when a higher minimum age standard is otherwise fixed
by law, who is covered by an in a registered apprenticeship
program to learn a skilled occupation, pursuant to a registered
apprenticeship agreement.
(B) "Apprenticeship agreement" means a written agreement,
registered with the
Ohio state apprenticeship council, providing
for not less than two thousand hours of reasonably continuous
employment, and for participation in an approved schedule of work
experience through employment, which shall be supplemented by a
minimum of one hundred forty-four hours per year of related and
supplemental instructions.
(C) "Council office" means the unit of the department of job
and family services that staffs the apprenticeship council and
performs the administrative and oversight functions concerning
this state's registered apprenticeship system.
Sec. 4139.03. The apprenticeship council may
establish
recommend minimum standards for apprenticeship programs and may
formulate policies and issue recommend rules as may be necessary
to carry out the purpose of sections 4139.01 to 4139.06 of the
Revised Code this chapter. The council shall determine the date
and place of its meetings and shall prescribe its own rules of
procedure.
Sec. 4139.04. The director of job and family services shall
appoint the executive secretary of the apprenticeship council
office, which appointment shall be subject to confirmation by a
majority vote of the apprenticeship council. The director shall
appoint such additional personnel as may be necessary, subject to
Chapter 124. of the Revised Code.
Sec. 4139.05. The executive secretary of the
apprenticeship
council office has the following duties:
(A) Encourage the voluntary participation of employers and
employees in the furtherance of the objective of sections 4139.01
to 4139.06 of the Revised Code this chapter;
(B) Register any apprenticeship programs and agreements that
meet the minimum standards established by the council federal
regulations and state rules governing the registered
apprenticeship system;
(C) Terminate or cancel on the authority of in consultation
with the apprenticeship council any registered apprenticeship
programs and agreements not in accordance compliance with the
provisions of such standards;
(D) Keep a record of apprenticeship programs and their
disposition;
(E) Issue certificate of completion of apprenticeship in
accordance with the council's standards;
(F) Devise and implement all necessary procedures and records
minimum standards as are necessary for the administration of the
registered apprenticeship system;
(F) Implement administrative rules adopted by the director of
job and family services as necessary for the administration of the
registered apprenticeship system;
(G) Prepare statistical reports regarding apprenticeship
training;
(H) Issue information related to apprenticeship;
(I) Perform such other duties as the council may direct
appropriate under the applicable rules and regulations.
Sec. 4141.01. As used in this chapter, unless the context
otherwise requires:
(A)(1) "Employer" means the state, its instrumentalities, its
political subdivisions and their instrumentalities, Indian tribes,
and any individual or type of organization including any
partnership, limited liability company, association, trust,
estate, joint-stock company, insurance company, or corporation,
whether domestic or foreign, or the receiver, trustee in
bankruptcy, trustee, or the successor thereof, or the legal
representative of a deceased person who subsequent to December 31,
1971, or in the case of political subdivisions or their
instrumentalities, subsequent to December 31, 1973:
(a) Had in employment at least one individual, or in the case
of a nonprofit organization, subsequent to December 31, 1973, had
not less than four individuals in employment for some portion of a
day in each of twenty different calendar weeks, in either the
current or the preceding calendar year whether or not the same
individual was in employment in each such day; or
(b) Except for a nonprofit organization, had paid for service
in employment wages of fifteen hundred dollars or more in any
calendar quarter in either the current or preceding calendar year;
or
(c) Had paid, subsequent to December 31, 1977, for employment
in domestic service in a local college club, or local chapter of a
college fraternity or sorority, cash remuneration of one thousand
dollars or more in any calendar quarter in the current calendar
year or the preceding calendar year, or had paid subsequent to
December 31, 1977, for employment in domestic service in a private
home cash remuneration of one thousand dollars in any calendar
quarter in the current calendar year or the preceding calendar
year:
(i) For the purposes of divisions (A)(1)(a) and (b) of this
section, there shall not be taken into account any wages paid to,
or employment of, an individual performing domestic service as
described in this division.
(ii) An employer under this division shall not be an employer
with respect to wages paid for any services other than domestic
service unless the employer is also found to be an employer under
division (A)(1)(a), (b), or (d) of this section.
(d) As a farm operator or a crew leader subsequent to
December 31, 1977, had in employment individuals in agricultural
labor; and
(i) During any calendar quarter in the current calendar year
or the preceding calendar year, paid cash remuneration of twenty
thousand dollars or more for the agricultural labor; or
(ii) Had at least ten individuals in employment in
agricultural labor, not including agricultural workers who are
aliens admitted to the United States to perform agricultural labor
pursuant to sections 1184(c) and 1101(a)(15)(H) of the
"Immigration and Nationality Act," 66 Stat. 163, 189, 8 U.S.C.A.
1101(a)(15)(H)(ii)(a), 1184(c), for some portion of a day in each
of the twenty different calendar weeks, in either the current or
preceding calendar year whether or not the same individual was in
employment in each day; or
(e) Is not otherwise an employer as defined under division
(A)(1)(a) or (b) of this section; and
(i) For which, within either the current or preceding
calendar year, service, except for domestic service in a private
home not covered under division (A)(1)(c) of this section, is or
was performed with respect to which such employer is liable for
any federal tax against which credit may be taken for
contributions required to be paid into a state unemployment fund;
(ii) Which, as a condition for approval of this chapter for
full tax credit against the tax imposed by the "Federal
Unemployment Tax Act," 84 Stat. 713, 26 U.S.C.A. 3301 to 3311, is
required, pursuant to such act to be an employer under this
chapter; or
(iii) Who became an employer by election under division
(A)(4) or (5) of this section and for the duration of such
election; or
(f) In the case of the state, its instrumentalities, its
political subdivisions, and their instrumentalities, and Indian
tribes, had in employment, as defined in divisions (B)(2)(a) and
(B)(2)(l) of this section, at least one individual;
(g) For the purposes of division (A)(1)(a) of this section,
if any week includes both the thirty-first day of December and the
first day of January, the days of that week before the first day
of January shall be considered one calendar week and the days
beginning the first day of January another week.
(2) Each individual employed to perform or to assist in
performing the work of any agent or employee of an employer is
employed by such employer for all the purposes of this chapter,
whether such individual was hired or paid directly by such
employer or by such agent or employee, provided the employer had
actual or constructive knowledge of the work. All individuals
performing services for an employer of any person in this state
who maintains two or more establishments within this state are
employed by a single employer for the purposes of this chapter.
(3) An employer subject to this chapter within any calendar
year is subject to this chapter during the whole of such year and
during the next succeeding calendar year.
(4) An employer not otherwise subject to this chapter who
files with the director of job and family services a written
election to become an employer subject to this chapter for not
less than two calendar years shall, with the written approval of
such election by the director, become an employer subject to this
chapter to the same extent as all other employers as of the date
stated in such approval, and shall cease to be subject to this
chapter as of the first day of January of any calendar year
subsequent to such two calendar years only if at least thirty days
prior to such first day of January the employer has filed with the
director a written notice to that effect.
(5) Any employer for whom services that do not constitute
employment are performed may file with the director a written
election that all such services performed by individuals in the
employer's employ in one or more distinct establishments or places
of business shall be deemed to constitute employment for all the
purposes of this chapter, for not less than two calendar years.
Upon written approval of the election by the director, such
services shall be deemed to constitute employment subject to this
chapter from and after the date stated in such approval. Such
services shall cease to be employment subject to this chapter as
of the first day of January of any calendar year subsequent to
such two calendar years only if at least thirty days prior to such
first day of January such employer has filed with the director a
written notice to that effect.
(B)(1) "Employment" means service performed by an individual
for remuneration under any contract of hire, written or oral,
express or implied, including service performed in interstate
commerce and service performed by an officer of a corporation,
without regard to whether such service is executive, managerial,
or manual in nature, and without regard to whether such officer is
a stockholder or a member of the board of directors of the
corporation, unless it is shown to the satisfaction of the
director that such individual has been and will continue to be
free from direction or control over the performance of such
service, both under a contract of service and in fact. The
director shall adopt rules to define "direction or control."
(2) "Employment" includes:
(a) Service performed after December 31, 1977, by an
individual in the employ of the state or any of its
instrumentalities, or any political subdivision thereof or any of
its instrumentalities or any instrumentality of more than one of
the foregoing or any instrumentality of any of the foregoing and
one or more other states or political subdivisions and without
regard to divisions (A)(1)(a) and (b) of this section, provided
that such service is excluded from employment as defined in the
"Federal Unemployment Tax Act," 53 Stat. 183, 26 U.S.C.A. 3301,
3306(c)(7) and is not excluded under division (B)(3) of this
section; or the services of employees covered by voluntary
election, as provided under divisions (A)(4) and (5) of this
section;
(b) Service performed after December 31, 1971, by an
individual in the employ of a religious, charitable, educational,
or other organization which is excluded from the term "employment"
as defined in the "Federal Unemployment Tax Act," 84 Stat. 713, 26
U.S.C.A. 3301 to 3311, solely by reason of section 26 U.S.C.A.
3306(c)(8) of that act and is not excluded under division (B)(3)
of this section;
(c) Domestic service performed after December 31, 1977, for
an employer, as provided in division (A)(1)(c) of this section;
(d) Agricultural labor performed after December 31, 1977, for
a farm operator or a crew leader, as provided in division
(A)(1)(d) of this section;
(e) Service not covered under division (B)(1) of this section
which is performed after December 31, 1971:
(i) As an agent-driver or commission-driver engaged in
distributing meat products, vegetable products, fruit products,
bakery products, beverages other than milk, laundry, or
dry-cleaning services, for the individual's employer or principal;
(ii) As a traveling or city salesperson, other than as an
agent-driver or commission-driver, engaged on a full-time basis in
the solicitation on behalf of and in the transmission to the
salesperson's employer or principal except for sideline sales
activities on behalf of some other person of orders from
wholesalers, retailers, contractors, or operators of hotels,
restaurants, or other similar establishments for merchandise for
resale, or supplies for use in their business operations, provided
that for the purposes of division (B)(2)(e)(ii) of this section,
the services shall be deemed employment if the contract of service
contemplates that substantially all of the services are to be
performed personally by the individual and that the individual
does not have a substantial investment in facilities used in
connection with the performance of the services other than in
facilities for transportation, and the services are not in the
nature of a single transaction that is not a part of a continuing
relationship with the person for whom the services are performed.
(f) An individual's entire service performed within or both
within and without the state if:
(i) The service is localized in this state.
(ii) The service is not localized in any state, but some of
the service is performed in this state and either the base of
operations, or if there is no base of operations then the place
from which such service is directed or controlled, is in this
state or the base of operations or place from which such service
is directed or controlled is not in any state in which some part
of the service is performed but the individual's residence is in
this state.
(g) Service not covered under division (B)(2)(f)(ii) of this
section and performed entirely without this state, with respect to
no part of which contributions are required and paid under an
unemployment compensation law of any other state, the Virgin
Islands, Canada, or of the United States, if the individual
performing such service is a resident of this state and the
director approves the election of the employer for whom such
services are performed; or, if the individual is not a resident of
this state but the place from which the service is directed or
controlled is in this state, the entire services of such
individual shall be deemed to be employment subject to this
chapter, provided service is deemed to be localized within this
state if the service is performed entirely within this state or if
the service is performed both within and without this state but
the service performed without this state is incidental to the
individual's service within the state, for example, is temporary
or transitory in nature or consists of isolated transactions;
(h) Service of an individual who is a citizen of the United
States, performed outside the United States except in Canada after
December 31, 1971, or the Virgin Islands, after December 31, 1971,
and before the first day of January of the year following that in
which the United States secretary of labor approves the Virgin
Islands law for the first time, in the employ of an American
employer, other than service which is "employment" under divisions
(B)(2)(f) and (g) of this section or similar provisions of another
state's law, if:
(i) The employer's principal place of business in the United
States is located in this state;
(ii) The employer has no place of business in the United
States, but the employer is an individual who is a resident of
this state; or the employer is a corporation which is organized
under the laws of this state, or the employer is a partnership or
a trust and the number of partners or trustees who are residents
of this state is greater than the number who are residents of any
other state; or
(iii) None of the criteria of divisions (B)(2)(f)(i) and (ii)
of this section is met but the employer has elected coverage in
this state or the employer having failed to elect coverage in any
state, the individual has filed a claim for benefits, based on
such service, under this chapter.
(i) For the purposes of division (B)(2)(h) of this section,
the term "American employer" means an employer who is an
individual who is a resident of the United States; or a
partnership, if two-thirds or more of the partners are residents
of the United States; or a trust, if all of the trustees are
residents of the United States; or a corporation organized under
the laws of the United States or of any state, provided the term
"United States" includes the states, the District of Columbia, the
Commonwealth of Puerto Rico, and the Virgin Islands.
(j) Notwithstanding any other provisions of divisions (B)(1)
and (2) of this section, service, except for domestic service in a
private home not covered under division (A)(1)(c) of this section,
with respect to which a tax is required to be paid under any
federal law imposing a tax against which credit may be taken for
contributions required to be paid into a state unemployment fund,
or service, except for domestic service in a private home not
covered under division (A)(1)(c) of this section, which, as a
condition for full tax credit against the tax imposed by the
"Federal Unemployment Tax Act," 84 Stat. 713, 26 U.S.C.A. 3301 to
3311, is required to be covered under this chapter.
(k) Construction services performed by any individual under a
construction contract, as defined in section 4141.39 of the
Revised Code, if the director determines that the employer for
whom services are performed has the right to direct or control the
performance of the services and that the individuals who perform
the services receive remuneration for the services performed. The
director shall presume that the employer for whom services are
performed has the right to direct or control the performance of
the services if ten or more of the following criteria apply:
(i) The employer directs or controls the manner or method by
which instructions are given to the individual performing
services;
(ii) The employer requires particular training for the
individual performing services;
(iii) Services performed by the individual are integrated
into the regular functioning of the employer;
(iv) The employer requires that services be provided by a
particular individual;
(v) The employer hires, supervises, or pays the wages of the
individual performing services;
(vi) A continuing relationship between the employer and the
individual performing services exists which contemplates
continuing or recurring work, even if not full-time work;
(vii) The employer requires the individual to perform
services during established hours;
(viii) The employer requires that the individual performing
services be devoted on a full-time basis to the business of the
employer;
(ix) The employer requires the individual to perform services
on the employer's premises;
(x) The employer requires the individual performing services
to follow the order of work established by the employer;
(xi) The employer requires the individual performing services
to make oral or written reports of progress;
(xii) The employer makes payment to the individual for
services on a regular basis, such as hourly, weekly, or monthly;
(xiii) The employer pays expenses for the individual
performing services;
(xiv) The employer furnishes the tools and materials for use
by the individual to perform services;
(xv) The individual performing services has not invested in
the facilities used to perform services;
(xvi) The individual performing services does not realize a
profit or suffer a loss as a result of the performance of the
services;
(xvii) The individual performing services is not performing
services for more than two employers simultaneously;
(xviii) The individual performing services does not make the
services available to the general public;
(xix) The employer has a right to discharge the individual
performing services;
(xx) The individual performing services has the right to end
the individual's relationship with the employer without incurring
liability pursuant to an employment contract or agreement.
(l) Service performed by an individual in the employ of an
Indian tribe as defined by section 4(e) of the "Indian
Self-Determination and Education Assistance Act," 88 Stat. 2204
(1975), 25 U.S.C.A. 450b(e), including any subdivision,
subsidiary, or business enterprise wholly owned by an Indian tribe
provided that the service is excluded from employment as defined
in the "Federal Unemployment Tax Act," 53 Stat. 183, (1939), 26
U.S.C.A. 3301 and 3306(c)(7) and is not excluded under division
(B)(3) of this section.
(3) "Employment" does not include the following services if
they are found not subject to the "Federal Unemployment Tax Act,"
84 Stat. 713 (1970), 26 U.S.C.A. 3301 to 3311, and if the services
are not required to be included under division (B)(2)(j) of this
section:
(a) Service performed after December 31, 1977, in
agricultural labor, except as provided in division (A)(1)(d) of
this section;
(b) Domestic service performed after December 31, 1977, in a
private home, local college club, or local chapter of a college
fraternity or sorority except as provided in division (A)(1)(c) of
this section;
(c) Service performed after December 31, 1977, for this state
or a political subdivision as described in division (B)(2)(a) of
this section when performed:
(i) As a publicly elected official;
(ii) As a member of a legislative body, or a member of the
judiciary;
(iii) As a military member of the Ohio national guard;
(iv) As an employee, not in the classified service as defined
in section 124.11 of the Revised Code, serving on a temporary
basis in case of fire, storm, snow, earthquake, flood, or similar
emergency;
(v) In a position which, under or pursuant to law, is
designated as a major nontenured policymaking or advisory
position, not in the classified service of the state, or a
policymaking or advisory position the performance of the duties of
which ordinarily does not require more than eight hours per week.
(d) In the employ of any governmental unit or instrumentality
of the United States;
(e) Service performed after December 31, 1971:
(i) Service in the employ of an educational institution or
institution of higher education, including those operated by the
state or a political subdivision, if such service is performed by
a student who is enrolled and is regularly attending classes at
the educational institution or institution of higher education; or
(ii) By an individual who is enrolled at a nonprofit or
public educational institution which normally maintains a regular
faculty and curriculum and normally has a regularly organized body
of students in attendance at the place where its educational
activities are carried on as a student in a full-time program,
taken for credit at the institution, which combines academic
instruction with work experience, if the service is an integral
part of the program, and the institution has so certified to the
employer, provided that this subdivision shall not apply to
service performed in a program established for or on behalf of an
employer or group of employers;.
(f) Service performed by an individual in the employ of the
individual's son, daughter, or spouse and service performed by a
child under the age of eighteen in the employ of the child's
father or mother;
(g) Service performed for one or more principals by an
individual who is compensated on a commission basis, who in the
performance of the work is master of the individual's own time and
efforts, and whose remuneration is wholly dependent on the amount
of effort the individual chooses to expend, and which service is
not subject to the "Federal Unemployment Tax Act," 53 Stat. 183
(1939), 26 U.S.C.A. 3301 to 3311. Service performed after December
31, 1971:
(i) By an individual for an employer as an insurance agent or
as an insurance solicitor, if all this service is performed for
remuneration solely by way of commission;
(ii) As a home worker performing work, according to
specifications furnished by the employer for whom the services are
performed, on materials or goods furnished by such employer which
are required to be returned to the employer or to a person
designated for that purpose.
(h) Service performed after December 31, 1971:
(i) In the employ of a church or convention or association of
churches, or in an organization which is operated primarily for
religious purposes and which is operated, supervised, controlled,
or principally supported by a church or convention or association
of churches;
(ii) By a duly ordained, commissioned, or licensed minister
of a church in the exercise of the individual's ministry or by a
member of a religious order in the exercise of duties required by
such order; or
(iii) In a facility conducted for the purpose of carrying out
a program of rehabilitation for individuals whose earning capacity
is impaired by age or physical or mental deficiency or injury, or
providing remunerative work for individuals who because of their
impaired physical or mental capacity cannot be readily absorbed in
the competitive labor market, by an individual receiving such
rehabilitation or remunerative work;.
(i) Service performed after June 30, 1939, with respect to
which unemployment compensation is payable under the "Railroad
Unemployment Insurance Act," 52 Stat. 1094 (1938), 45 U.S.C. 351;
(j) Service performed by an individual in the employ of any
organization exempt from income tax under section 501 of the
"Internal Revenue Code of 1954," if the remuneration for such
service does not exceed fifty dollars in any calendar quarter, or
if such service is in connection with the collection of dues or
premiums for a fraternal beneficial society, order, or association
and is performed away from the home office or is ritualistic
service in connection with any such society, order, or
association;
(k) Casual labor not in the course of an employer's trade or
business; incidental service performed by an officer, appraiser,
or member of a finance committee of a bank, building and loan
association, savings and loan association, or savings association
when the remuneration for such incidental service exclusive of the
amount paid or allotted for directors' fees does not exceed sixty
dollars per calendar quarter is casual labor;
(l) Service performed in the employ of a voluntary employees'
beneficial association providing for the payment of life,
sickness, accident, or other benefits to the members of such
association or their dependents or their designated beneficiaries,
if admission to a membership in such association is limited to
individuals who are officers or employees of a municipal or public
corporation, of a political subdivision of the state, or of the
United States and no part of the net earnings of such association
inures, other than through such payments, to the benefit of any
private shareholder or individual;
(m) Service performed by an individual in the employ of a
foreign government, including service as a consular or other
officer or employee or of a nondiplomatic representative;
(n) Service performed in the employ of an instrumentality
wholly owned by a foreign government if the service is of a
character similar to that performed in foreign countries by
employees of the United States or of an instrumentality thereof
and if the director finds that the secretary of state of the
United States has certified to the secretary of the treasury of
the United States that the foreign government, with respect to
whose instrumentality exemption is claimed, grants an equivalent
exemption with respect to similar service performed in the foreign
country by employees of the United States and of instrumentalities
thereof;
(o) Service with respect to which unemployment compensation
is payable under an unemployment compensation system established
by an act of congress;
(p) Service performed as a student nurse in the employ of a
hospital or a nurses' training school by an individual who is
enrolled and is regularly attending classes in a nurses' training
school chartered or approved pursuant to state law, and service
performed as an intern in the employ of a hospital by an
individual who has completed a four years' course in a medical
school chartered or approved pursuant to state law;
(q) Service performed by an individual under the age of
eighteen in the delivery or distribution of newspapers or shopping
news, not including delivery or distribution to any point for
subsequent delivery or distribution;
(r) Service performed in the employ of the United States or
an instrumentality of the United States immune under the
Constitution of the United States from the contributions imposed
by this chapter, except that to the extent that congress permits
states to require any instrumentalities of the United States to
make payments into an unemployment fund under a state unemployment
compensation act, this chapter shall be applicable to such
instrumentalities and to services performed for such
instrumentalities in the same manner, to the same extent, and on
the same terms as to all other employers, individuals, and
services, provided that if this state is not certified for any
year by the proper agency of the United States under section 3304
of the "Internal Revenue Code of 1954," the payments required of
such instrumentalities with respect to such year shall be refunded
by the director from the fund in the same manner and within the
same period as is provided in division (E) of section 4141.09 of
the Revised Code with respect to contributions erroneously
collected;
(s) Service performed by an individual as a member of a band
or orchestra, provided such service does not represent the
principal occupation of such individual, and which service is not
subject to or required to be covered for full tax credit against
the tax imposed by the "Federal Unemployment Tax Act," 53 Stat.
183 (1939), 26 U.S.C.A. 3301 to 3311.
(t) Service performed in the employ of a day camp whose
camping season does not exceed twelve weeks in any calendar year,
and which service is not subject to the "Federal Unemployment Tax
Act," 53 Stat. 183 (1939), 26 U.S.C.A. 3301 to 3311. Service
performed after December 31, 1971:
(i) In the employ of a hospital, if the service is performed
by a patient of the hospital, as defined in division (W) of this
section;
(ii) For a prison or other correctional institution by an
inmate of the prison or correctional institution;
(iii) Service performed after December 31, 1977, by an inmate
of a custodial institution operated by the state, a political
subdivision, or a nonprofit organization.
(u) Service that is performed by a nonresident alien
individual for the period the individual temporarily is present in
the United States as a nonimmigrant under division (F), (J), (M),
or (Q) of section 101(a)(15) of the "Immigration and Nationality
Act," 66 Stat. 163, 8 U.S.C.A. 1101, as amended, that is excluded
under section 3306(c)(19) of the "Federal Unemployment Tax Act,"
53 Stat. 183 (1939), 26 U.S.C.A. 3301 to 3311.
(v) Notwithstanding any other provisions of division (B)(3)
of this section, services that are excluded under divisions
(B)(3)(g), (j), (k), and (l) of this section shall not be excluded
from employment when performed for a nonprofit organization, as
defined in division (X) of this section, or for this state or its
instrumentalities, or for a political subdivision or its
instrumentalities or for Indian tribes;
(w) Service that is performed by an individual working as an
election official or election worker if the amount of remuneration
received by the individual during the calendar year for services
as an election official or election worker is less than one
thousand dollars;
(x) Service performed for an elementary or secondary school
that is operated primarily for religious purposes, that is
described in subsection 501(c)(3) and exempt from federal income
taxation under subsection 501(a) of the Internal Revenue Code, 26
U.S.C.A. 501;
(y) Service performed by a person committed to a penal
institution.
(z) Service performed for an Indian tribe as described in
division (B)(2)(l) of this section when performed in any of the
following manners:
(i) As a publicly elected official;
(ii) As a member of an Indian tribal council;
(iii) As a member of a legislative or judiciary body;
(iv) In a position which, pursuant to Indian tribal law, is
designated as a major nontenured policymaking or advisory
position, or a policymaking or advisory position where the
performance of the duties ordinarily does not require more than
eight hours of time per week;
(v) As an employee serving on a temporary basis in the case
of a fire, storm, snow, earthquake, flood, or similar emergency.
(aa) Service performed after December 31, 1971, for a
nonprofit organization, this state or its instrumentalities, a
political subdivision or its instrumentalities, or an Indian tribe
as part of an unemployment work-relief or work-training program
assisted or financed in whole or in part by any federal agency or
an agency of a state or political subdivision, thereof, by an
individual receiving the work-relief or work-training.
(bb) Participation in a learn to earn program as defined in
section 4141.293 of the Revised Code.
(4) If the services performed during one half or more of any
pay period by an employee for the person employing that employee
constitute employment, all the services of such employee for such
period shall be deemed to be employment; but if the services
performed during more than one half of any such pay period by an
employee for the person employing that employee do not constitute
employment, then none of the services of such employee for such
period shall be deemed to be employment. As used in division
(B)(4) of this section, "pay period" means a period, of not more
than thirty-one consecutive days, for which payment of
remuneration is ordinarily made to the employee by the person
employing that employee. Division (B)(4) of this section does not
apply to services performed in a pay period by an employee for the
person employing that employee, if any of such service is excepted
by division (B)(3)(o) of this section.
(C) "Benefits" means money payments payable to an individual
who has established benefit rights, as provided in this chapter,
for loss of remuneration due to the individual's unemployment.
(D) "Benefit rights" means the weekly benefit amount and the
maximum benefit amount that may become payable to an individual
within the individual's benefit year as determined by the
director.
(E) "Claim for benefits" means a claim for waiting period or
benefits for a designated week.
(F) "Additional claim" means the first claim for benefits
filed following any separation from employment during a benefit
year; "continued claim" means any claim other than the first claim
for benefits and other than an additional claim.
(G)(1) "Wages" means remuneration paid to an employee by each
of the employee's employers with respect to employment; except
that wages shall not include that part of remuneration paid during
any calendar year to an individual by an employer or such
employer's predecessor in interest in the same business or
enterprise, which in any calendar year is in excess of eight
thousand two hundred fifty dollars on and after January 1, 1992;
eight thousand five hundred dollars on and after January 1, 1993;
eight thousand seven hundred fifty dollars on and after January 1,
1994; and nine thousand dollars on and after January 1, 1995.
Remuneration in excess of such amounts shall be deemed wages
subject to contribution to the same extent that such remuneration
is defined as wages under the "Federal Unemployment Tax Act," 84
Stat. 714 (1970), 26 U.S.C.A. 3301 to 3311, as amended. The
remuneration paid an employee by an employer with respect to
employment in another state, upon which contributions were
required and paid by such employer under the unemployment
compensation act of such other state, shall be included as a part
of remuneration in computing the amount specified in this
division.
(2) Notwithstanding division (G)(1) of this section, if, as
of the computation date for any calendar year, the director
determines that the level of the unemployment compensation fund is
sixty per cent or more below the minimum safe level as defined in
section 4141.25 of the Revised Code, then, effective the first day
of January of the following calendar year, wages subject to this
chapter shall not include that part of remuneration paid during
any calendar year to an individual by an employer or such
employer's predecessor in interest in the same business or
enterprise which is in excess of nine thousand dollars. The
increase in the dollar amount of wages subject to this chapter
under this division shall remain in effect from the date of the
director's determination pursuant to division (G)(2) of this
section and thereafter notwithstanding the fact that the level in
the fund may subsequently become less than sixty per cent below
the minimum safe level.
(H)(1) "Remuneration" means all compensation for personal
services, including commissions and bonuses and the cash value of
all compensation in any medium other than cash, except that in the
case of agricultural or domestic service, "remuneration" includes
only cash remuneration. Gratuities customarily received by an
individual in the course of the individual's employment from
persons other than the individual's employer and which are
accounted for by such individual to the individual's employer are
taxable wages.
The reasonable cash value of compensation paid in any medium
other than cash shall be estimated and determined in accordance
with rules prescribed by the director, provided that
"remuneration" does not include:
(a) Payments as provided in divisions (b)(2) to (b)(16) of
section 3306 of the "Federal Unemployment Tax Act," 84 Stat. 713,
26 U.S.C.A. 3301 to 3311, as amended;
(b) The payment by an employer, without deduction from the
remuneration of the individual in the employer's employ, of the
tax imposed upon an individual in the employer's employ under
section 3101 of the "Internal Revenue Code of 1954," with respect
to services performed after October 1, 1941.
(2) "Cash remuneration" means all remuneration paid in cash,
including commissions and bonuses, but not including the cash
value of all compensation in any medium other than cash.
(I) "Interested party" means the director and any party to
whom notice of a determination of an application for benefit
rights or a claim for benefits is required to be given under
section 4141.28 of the Revised Code.
(J) "Annual payroll" means the total amount of wages subject
to contributions during a twelve-month period ending with the last
day of the second calendar quarter of any calendar year.
(K) "Average annual payroll" means the average of the last
three annual payrolls of an employer, provided that if, as of any
computation date, the employer has had less than three annual
payrolls in such three-year period, such average shall be based on
the annual payrolls which the employer has had as of such date.
(L)(1) "Contributions" means the money payments to the state
unemployment compensation fund required of employers by section
4141.25 of the Revised Code and of the state and any of its
political subdivisions electing to pay contributions under section
4141.242 of the Revised Code. Employers paying contributions shall
be described as "contributory employers."
(2) "Payments in lieu of contributions" means the money
payments to the state unemployment compensation fund required of
reimbursing employers under sections 4141.241 and 4141.242 of the
Revised Code.
(M) An individual is "totally unemployed" in any week during
which the individual performs no services and with respect to such
week no remuneration is payable to the individual.
(N) An individual is "partially unemployed" in any week if,
due to involuntary loss of work, the total remuneration payable to
the individual for such week is less than the individual's weekly
benefit amount.
(O) "Week" means the calendar week ending at midnight
Saturday unless an equivalent week of seven consecutive calendar
days is prescribed by the director.
(1) "Qualifying week" means any calendar week in an
individual's base period with respect to which the individual
earns or is paid remuneration in employment subject to this
chapter. A calendar week with respect to which an individual earns
remuneration but for which payment was not made within the base
period, when necessary to qualify for benefit rights, may be
considered to be a qualifying week. The number of qualifying weeks
which may be established in a calendar quarter shall not exceed
the number of calendar weeks in the quarter.
(2) "Average weekly wage" means the amount obtained by
dividing an individual's total remuneration for all qualifying
weeks during the base period by the number of such qualifying
weeks, provided that if the computation results in an amount that
is not a multiple of one dollar, such amount shall be rounded to
the next lower multiple of one dollar.
(P) "Weekly benefit amount" means the amount of benefits an
individual would be entitled to receive for one week of total
unemployment.
(Q)(1) "Base period" means the first four of the last five
completed calendar quarters immediately preceding the first day of
an individual's benefit year, except as provided in division
(Q)(2) of this section.
(2) If an individual does not have sufficient qualifying
weeks and wages in the base period to qualify for benefit rights,
the individual's base period shall be the four most recently
completed calendar quarters preceding the first day of the
individual's benefit year. Such base period shall be known as the
"alternate base period." If information as to weeks and wages for
the most recent quarter of the alternate base period is not
available to the director from the regular quarterly reports of
wage information, which are systematically accessible, the
director may, consistent with the provisions of section 4141.28 of
the Revised Code, base the determination of eligibility for
benefits on the affidavit of the claimant with respect to weeks
and wages for that calendar quarter. The claimant shall furnish
payroll documentation, where available, in support of the
affidavit. The determination based upon the alternate base period
as it relates to the claimant's benefit rights, shall be amended
when the quarterly report of wage information from the employer is
timely received and that information causes a change in the
determination. As provided in division (B) of section 4141.28 of
the Revised Code, any benefits paid and charged to an employer's
account, based upon a claimant's affidavit, shall be adjusted
effective as of the beginning of the claimant's benefit year. No
calendar quarter in a base period or alternate base period shall
be used to establish a subsequent benefit year.
(3) The "base period" of a combined wage claim, as described
in division (H) of section 4141.43 of the Revised Code, shall be
the base period prescribed by the law of the state in which the
claim is allowed.
(4) For purposes of determining the weeks that comprise a
completed calendar quarter under this division, only those weeks
ending at midnight Saturday within the calendar quarter shall be
utilized.
(R)(1) "Benefit year" with respect to an individual means the
fifty-two week period beginning with the first day of that week
with respect to which the individual first files a valid
application for determination of benefit rights, and thereafter
the fifty-two week period beginning with the first day of that
week with respect to which the individual next files a valid
application for determination of benefit rights after the
termination of the individual's last preceding benefit year,
except that the application shall not be considered valid unless
the individual has had employment in six weeks that is subject to
this chapter or the unemployment compensation act of another
state, or the United States, and has, since the beginning of the
individual's previous benefit year, in the employment earned three
times the average weekly wage determined for the previous benefit
year. The "benefit year" of a combined wage claim, as described in
division (H) of section 4141.43 of the Revised Code, shall be the
benefit year prescribed by the law of the state in which the claim
is allowed. Any application for determination of benefit rights
made in accordance with section 4141.28 of the Revised Code is
valid if the individual filing such application is unemployed, has
been employed by an employer or employers subject to this chapter
in at least twenty qualifying weeks within the individual's base
period, and has earned or been paid remuneration at an average
weekly wage of not less than twenty-seven and one-half per cent of
the statewide average weekly wage for such weeks. For purposes of
determining whether an individual has had sufficient employment
since the beginning of the individual's previous benefit year to
file a valid application, "employment" means the performance of
services for which remuneration is payable.
(2) Effective for benefit years beginning on and after
December 26, 2004, any application for determination of benefit
rights made in accordance with section 4141.28 of the Revised Code
is valid if the individual satisfies the criteria described in
division (R)(1) of this section, and if the reason for the
individual's separation from employment is not disqualifying
pursuant to division (D)(2) of section 4141.29 or section 4141.291
of the Revised Code. A disqualification imposed pursuant to
division (D)(2) of section 4141.29 or section 4141.291 of the
Revised Code must be removed as provided in those sections as a
requirement of establishing a valid application for benefit years
beginning on and after December 26, 2004.
(3) The statewide average weekly wage shall be calculated by
the director once a year based on the twelve-month period ending
the thirtieth day of June, as set forth in division (B)(3) of
section 4141.30 of the Revised Code, rounded down to the nearest
dollar. Increases or decreases in the amount of remuneration
required to have been earned or paid in order for individuals to
have filed valid applications shall become effective on Sunday of
the calendar week in which the first day of January occurs that
follows the twelve-month period ending the thirtieth day of June
upon which the calculation of the statewide average weekly wage
was based.
(4) As used in this division, an individual is "unemployed"
if, with respect to the calendar week in which such application is
filed, the individual is "partially unemployed" or "totally
unemployed" as defined in this section or if, prior to filing the
application, the individual was separated from the individual's
most recent work for any reason which terminated the individual's
employee-employer relationship, or was laid off indefinitely or
for a definite period of seven or more days.
(S) "Calendar quarter" means the period of three consecutive
calendar months ending on the thirty-first day of March, the
thirtieth day of June, the thirtieth day of September, and the
thirty-first day of December, or the equivalent thereof as the
director prescribes by rule.
(T) "Computation date" means the first day of the third
calendar quarter of any calendar year.
(U) "Contribution period" means the calendar year beginning
on the first day of January of any year.
(V) "Agricultural labor," for the purpose of this division,
means any service performed prior to January 1, 1972, which was
agricultural labor as defined in this division prior to that date,
and service performed after December 31, 1971:
(1) On a farm, in the employ of any person, in connection
with cultivating the soil, or in connection with raising or
harvesting any agricultural or horticultural commodity, including
the raising, shearing, feeding, caring for, training, and
management of livestock, bees, poultry, and fur-bearing animals
and wildlife;
(2) In the employ of the owner or tenant or other operator of
a farm in connection with the operation, management, conservation,
improvement, or maintenance of such farm and its tools and
equipment, or in salvaging timber or clearing land of brush and
other debris left by hurricane, if the major part of such service
is performed on a farm;
(3) In connection with the production or harvesting of any
commodity defined as an agricultural commodity in section 15 (g)
of the "Agricultural Marketing Act," 46 Stat. 1550 (1931), 12
U.S.C. 1141j, as amended, or in connection with the ginning of
cotton, or in connection with the operation or maintenance of
ditches, canals, reservoirs, or waterways, not owned or operated
for profit, used exclusively for supplying and storing water for
farming purposes;
(4) In the employ of the operator of a farm in handling,
planting, drying, packing, packaging, processing, freezing,
grading, storing, or delivering to storage or to market or to a
carrier for transportation to market, in its unmanufactured state,
any agricultural or horticultural commodity, but only if the
operator produced more than one half of the commodity with respect
to which such service is performed;
(5) In the employ of a group of operators of farms, or a
cooperative organization of which the operators are members, in
the performance of service described in division (V)(4) of this
section, but only if the operators produced more than one-half of
the commodity with respect to which the service is performed;
(6) Divisions (V)(4) and (5) of this section shall not be
deemed to be applicable with respect to service performed:
(a) In connection with commercial canning or commercial
freezing or in connection with any agricultural or horticultural
commodity after its delivery to a terminal market for distribution
for consumption; or
(b) On a farm operated for profit if the service is not in
the course of the employer's trade or business.
As used in division (V) of this section, "farm" includes
stock, dairy, poultry, fruit, fur-bearing animal, and truck farms,
plantations, ranches, nurseries, ranges, greenhouses, or other
similar structures used primarily for the raising of agricultural
or horticultural commodities and orchards.
(W) "Hospital" means an institution which has been registered
or licensed by the Ohio department of health as a hospital.
(X) "Nonprofit organization" means an organization, or group
of organizations, described in section 501(c)(3) of the "Internal
Revenue Code of 1954," and exempt from income tax under section
501(a) of that code.
(Y) "Institution of higher education" means a public or
nonprofit educational institution, including an educational
institution operated by an Indian tribe, which:
(1) Admits as regular students only individuals having a
certificate of graduation from a high school, or the recognized
equivalent;
(2) Is legally authorized in this state or by the Indian
tribe to provide a program of education beyond high school; and
(3) Provides an educational program for which it awards a
bachelor's or higher degree, or provides a program which is
acceptable for full credit toward such a degree, a program of
post-graduate or post-doctoral studies, or a program of training
to prepare students for gainful employment in a recognized
occupation.
For the purposes of this division, all colleges and
universities in this state are institutions of higher education.
(Z) For the purposes of this chapter, "states" includes the
District of Columbia, the Commonwealth of Puerto Rico, and the
Virgin Islands.
(AA) "Alien" means, for the purposes of division (A)(1)(d) of
this section, an individual who is an alien admitted to the United
States to perform service in agricultural labor pursuant to
sections 214 (c) and 101 (a)(15)(H) of the "Immigration and
Nationality Act," 66 Stat. 163, 8 U.S.C.A. 1101.
(BB)(1) "Crew leader" means an individual who furnishes
individuals to perform agricultural labor for any other employer
or farm operator, and:
(a) Pays, either on the individual's own behalf or on behalf
of the other employer or farm operator, the individuals so
furnished by the individual for the service in agricultural labor
performed by them;
(b) Has not entered into a written agreement with the other
employer or farm operator under which the agricultural worker is
designated as in the employ of the other employer or farm
operator.
(2) For the purposes of this chapter, any individual who is a
member of a crew furnished by a crew leader to perform service in
agricultural labor for any other employer or farm operator shall
be treated as an employee of the crew leader if:
(a) The crew leader holds a valid certificate of registration
under the "Farm Labor Contractor Registration Act of 1963," 90
Stat. 2668, 7 U.S.C. 2041; or
(b) Substantially all the members of the crew operate or
maintain tractors, mechanized harvesting or crop-dusting
equipment, or any other mechanized equipment, which is provided by
the crew leader; and
(c) If the individual is not in the employment of the other
employer or farm operator within the meaning of division (B)(1) of
this section.
(3) For the purposes of this division, any individual who is
furnished by a crew leader to perform service in agricultural
labor for any other employer or farm operator and who is not
treated as in the employment of the crew leader under division
(BB)(2) of this section shall be treated as the employee of the
other employer or farm operator and not of the crew leader. The
other employer or farm operator shall be treated as having paid
cash remuneration to the individual in an amount equal to the
amount of cash remuneration paid to the individual by the crew
leader, either on the crew leader's own behalf or on behalf of the
other employer or farm operator, for the service in agricultural
labor performed for the other employer or farm operator.
(CC) "Educational institution" means an institution other
than an institution of higher education as defined in division (Y)
of this section, including an educational institution operated by
an Indian tribe, which:
(1) Offers participants, trainees, or students an organized
course of study or training designed to transfer to them
knowledge, skills, information, doctrines, attitudes, or abilities
from, by, or under the guidance of an instructor or teacher; and
(2) Is approved, chartered, or issued a permit to operate as
a school by the state board of education, other government agency,
or Indian tribe that is authorized within the state to approve,
charter, or issue a permit for the operation of a school.
For the purposes of this division, the courses of study or
training which the institution offers may be academic, technical,
trade, or preparation for gainful employment in a recognized
occupation.
(DD) "Cost savings day" means any unpaid day off from work in
which employees continue to accrue employee benefits which have a
determinable value including, but not limited to, vacation,
pension contribution, sick time, and life and health insurance.
Sec. 4141.29. Each eligible individual shall receive
benefits as compensation for loss of remuneration due to
involuntary total or partial unemployment in the amounts and
subject to the conditions stipulated in this chapter.
(A) No individual is entitled to a waiting period or benefits
for any week unless the individual:
(1) Has filed a valid application for determination of
benefit rights in accordance with section 4141.28 of the Revised
Code;
(2) Has made a claim for benefits in accordance with section
4141.28 of the Revised Code;
(3) Has registered at an employment office or other
registration place maintained or designated by the director of job
and family services. Registration shall be made in accordance with
the time limits, frequency, and manner prescribed by the director.
(4)(a)(i) Is able to work and available for suitable work
and, except as provided in division (A)(4)(a)(ii) of this section,
is actively seeking suitable work either in a locality in which
the individual has earned wages subject to this chapter during the
individual's base period, or if the individual leaves that
locality, then in a locality where suitable work normally is
performed.
(ii) The director may waive the requirement that a claimant
be actively seeking work when the director finds that the
individual has been laid off and the employer who laid the
individual off has notified the director within ten days after the
layoff, that work is expected to be available for the individual
within a specified number of days not to exceed forty-five
calendar days following the last day the individual worked. In the
event the individual is not recalled within the specified period,
this waiver shall cease to be operative with respect to that
layoff.
(b) The individual shall be instructed as to the efforts that
the individual must make in the search for suitable work, except
where the active search for work requirement has been waived under
division (A)(4)(a) of this section, and shall keep a record of
where and when the individual has sought work in complying with
those instructions and, upon request, shall produce that record
for examination by the director.
(c) An individual who is attending a training course approved
by the director meets the requirement of this division, if
attendance was recommended by the director and the individual is
regularly attending the course and is making satisfactory
progress. An individual also meets the requirements of this
division if the individual is participating and advancing in a
training program, as defined in division (P) of section 5709.61 of
the Revised Code, and if an enterprise, defined in division (B) of
section 5709.61 of the Revised Code, is paying all or part of the
cost of the individual's participation in the training program
with the intention of hiring the individual for employment as a
new employee, as defined in division (L) of section 5709.61 of the
Revised Code, for at least ninety days after the individual's
completion of the training program.
(d) An individual who becomes unemployed while attending a
regularly established school and whose base period qualifying
weeks were earned in whole or in part while attending that school,
meets the availability and active search for work requirements of
division (A)(4)(a) of this section if the individual regularly
attends the school during weeks with respect to which the
individual claims unemployment benefits and makes self available
on any shift of hours for suitable employment with the
individual's most recent employer or any other employer in the
individual's base period, or for any other suitable employment to
which the individual is directed, under this chapter.
(e) The director shall adopt any rules that the director
deems necessary for the administration of division (A)(4) of this
section.
(f) Notwithstanding any other provisions of this section, no
otherwise eligible individual shall be denied benefits for any
week because the individual is in training approved under section
236(a)(1) of the "Trade Act of 1974," 88 Stat. 1978, 19 U.S.C.A.
2296, nor shall that individual be denied benefits by reason of
leaving work to enter such training, provided the work left is not
suitable employment, or because of the application to any week in
training of provisions in this chapter, or any applicable federal
unemployment compensation law, relating to availability for work,
active search for work, or refusal to accept work.
For the purposes of division (A)(4)(f) of this section,
"suitable employment" means with respect to an individual, work of
a substantially equal or higher skill level than the individual's
past adversely affected employment, as defined for the purposes of
the "Trade Act of 1974," 88 Stat. 1978, 19 U.S.C.A. 2101, and
wages for such work at not less than eighty per cent of the
individual's average weekly wage as determined for the purposes of
that federal act.
(5) Is unable to obtain suitable work. An individual who is
provided temporary work assignments by the individual's employer
under agreed terms and conditions of employment, and who is
required pursuant to those terms and conditions to inquire with
the individual's employer for available work assignments upon the
conclusion of each work assignment, is not considered unable to
obtain suitable employment if suitable work assignments are
available with the employer but the individual fails to contact
the employer to inquire about work assignments.
(6) Participates in reemployment services, such as job search
assistance services, if the individual has been determined to be
likely to exhaust benefits under this chapter, including
compensation payable pursuant to 5 U.S.C.A. Chapter 85, other than
extended compensation, and needs reemployment services pursuant to
the profiling system established by the director under division
(K) of this section, unless the director determines that:
(a) The individual has completed such services; or
(b) There is justifiable cause for the claimant's failure to
participate in such services.
(B) An individual suffering total or partial unemployment is
eligible for benefits for unemployment occurring subsequent to a
waiting period of one week and no benefits shall be payable during
this required waiting period. Not more than one week of waiting
period shall be required of any individual in any benefit year in
order to establish the individual's eligibility for total or
partial unemployment benefits.
(C) The waiting period for total or partial unemployment
shall commence on the first day of the first week with respect to
which the individual first files a claim for benefits at an
employment office or other place of registration maintained or
designated by the director or on the first day of the first week
with respect to which the individual has otherwise filed a claim
for benefits in accordance with the rules of the department of job
and family services, provided such claim is allowed by the
director.
(D) Notwithstanding division (A) of this section, no
individual may serve a waiting period or be paid benefits under
the following conditions:
(1) For any week with respect to which the director finds
that:
(a) The individual's unemployment was due to a labor dispute
other than a lockout at any factory, establishment, or other
premises located in this or any other state and owned or operated
by the employer by which the individual is or was last employed;
and for so long as the individual's unemployment is due to such
labor dispute. No individual shall be disqualified under this
provision if either of the following applies:
(i) The individual's employment was with such employer at any
factory, establishment, or premises located in this state, owned
or operated by such employer, other than the factory,
establishment, or premises at which the labor dispute exists, if
it is shown that the individual is not financing, participating
in, or directly interested in such labor dispute;
(ii) The individual's employment was with an employer not
involved in the labor dispute but whose place of business was
located within the same premises as the employer engaged in the
dispute, unless the individual's employer is a wholly owned
subsidiary of the employer engaged in the dispute, or unless the
individual actively participates in or voluntarily stops work
because of such dispute. If it is established that the claimant
was laid off for an indefinite period and not recalled to work
prior to the dispute, or was separated by the employer prior to
the dispute for reasons other than the labor dispute, or that the
individual obtained a bona fide job with another employer while
the dispute was still in progress, such labor dispute shall not
render the employee ineligible for benefits.
(b) The individual has been given a disciplinary layoff for
misconduct in connection with the individual's work.
(2) For the duration of the individual's unemployment if the
director finds that:
(a) The individual quit work without just cause or has been
discharged for just cause in connection with the individual's
work, provided division (D)(2) of this section does not apply to
the separation of a person under any of the following
circumstances:
(i) Separation from employment for the purpose of entering
the armed forces of the United States if the individual is
inducted into the armed forces within one of the following
periods:
(I) Thirty days after separation;
(II) One hundred eighty days after separation if the
individual's date of induction is delayed solely at the discretion
of the armed forces.
(ii) Separation from employment pursuant to a
labor-management contract or agreement, or pursuant to an
established employer plan, program, or policy, which permits the
employee, because of lack of work, to accept a separation from
employment;
(iii) The individual has left employment to accept a recall
from a prior employer or, except as provided in division
(D)(2)(a)(iv) of this section, to accept other employment as
provided under section 4141.291 of the Revised Code, or left or
was separated from employment that was concurrent employment at
the time of the most recent separation or within six weeks prior
to the most recent separation where the remuneration, hours, or
other conditions of such concurrent employment were substantially
less favorable than the individual's most recent employment and
where such employment, if offered as new work, would be considered
not suitable under the provisions of divisions (E) and (F) of this
section. Any benefits that would otherwise be chargeable to the
account of the employer from whom an individual has left
employment or was separated from employment that was concurrent
employment under conditions described in division (D)(2)(a)(iii)
of this section, shall instead be charged to the mutualized
account created by division (B) of section 4141.25 of the Revised
Code, except that any benefits chargeable to the account of a
reimbursing employer under division (D)(2)(a)(iii) of this section
shall be charged to the account of the reimbursing employer and
not to the mutualized account, except as provided in division
(D)(2) of section 4141.24 of the Revised Code.
(iv) When an individual has been issued a definite layoff
date by the individual's employer and before the layoff date, the
individual quits to accept other employment, the provisions of
division (D)(2)(a)(iii) of this section apply and no
disqualification shall be imposed under division (D) of this
section. However, if the individual fails to meet the employment
and earnings requirements of division (A)(2) of section 4141.291
of the Revised Code, then the individual, pursuant to division
(A)(5) of this section, shall be ineligible for benefits for any
week of unemployment that occurs prior to the layoff date.
(b) The individual has refused without good cause to accept
an offer of suitable work when made by an employer either in
person or to the individual's last known address, or has refused
or failed to investigate a referral to suitable work when directed
to do so by a local employment office of this state or another
state, provided that this division shall not cause a
disqualification for a waiting week or benefits under the
following circumstances:
(i) When work is offered by the individual's employer and the
individual is not required to accept the offer pursuant to the
terms of the labor-management contract or agreement; or
(ii) When the individual is attending a training course
pursuant to division (A)(4) of this section except, in the event
of a refusal to accept an offer of suitable work or a refusal or
failure to investigate a referral, benefits thereafter paid to
such individual shall not be charged to the account of any
employer and, except as provided in division (B)(1)(b) of section
4141.241 of the Revised Code, shall be charged to the mutualized
account as provided in division (B) of section 4141.25 of the
Revised Code.
(c) Such individual quit work to marry or because of marital,
parental, filial, or other domestic obligations.
(d) The individual became unemployed by reason of commitment
to any correctional institution.
(e) The individual became unemployed because of dishonesty in
connection with the individual's most recent or any base period
work. Remuneration earned in such work shall be excluded from the
individual's total base period remuneration and qualifying weeks
that otherwise would be credited to the individual for such work
in the individual's base period shall not be credited for the
purpose of determining the total benefits to which the individual
is eligible and the weekly benefit amount to be paid under section
4141.30 of the Revised Code. Such excluded remuneration and
noncredited qualifying weeks shall be excluded from the
calculation of the maximum amount to be charged, under division
(D) of section 4141.24 and section 4141.33 of the Revised Code,
against the accounts of the individual's base period employers. In
addition, no benefits shall thereafter be paid to the individual
based upon such excluded remuneration or noncredited qualifying
weeks.
For purposes of division (D)(2)(e) of this section,
"dishonesty" means the commission of substantive theft, fraud, or
deceitful acts.
(E) No individual otherwise qualified to receive benefits
shall lose the right to benefits by reason of a refusal to accept
new work if:
(1) As a condition of being so employed the individual would
be required to join a company union, or to resign from or refrain
from joining any bona fide labor organization, or would be denied
the right to retain membership in and observe the lawful rules of
any such organization.
(2) The position offered is vacant due directly to a strike,
lockout, or other labor dispute.
(3) The work is at an unreasonable distance from the
individual's residence, having regard to the character of the work
the individual has been accustomed to do, and travel to the place
of work involves expenses substantially greater than that required
for the individual's former work, unless the expense is provided
for.
(4) The remuneration, hours, or other conditions of the work
offered are substantially less favorable to the individual than
those prevailing for similar work in the locality.
(F) Subject to the special exceptions contained in division
(A)(4)(f) of this section and section 4141.301 of the Revised
Code, in determining whether any work is suitable for a claimant
in the administration of this chapter, the director, in addition
to the determination required under division (E) of this section,
shall consider the degree of risk to the claimant's health,
safety, and morals, the individual's physical fitness for the
work, the individual's prior training and experience, the length
of the individual's unemployment, the distance of the available
work from the individual's residence, and the individual's
prospects for obtaining local work.
(G) The "duration of unemployment" as used in this section
means the full period of unemployment next ensuing after a
separation from any base period or subsequent work and until an
individual has become reemployed in employment subject to this
chapter, or the unemployment compensation act of another state, or
of the United States, and until such individual has worked six
weeks and for those weeks has earned or been paid remuneration
equal to six times an average weekly wage of not less than:
eighty-five dollars and ten cents per week beginning on June 26,
1990; and beginning on and after January 1, 1992, twenty-seven and
one-half per cent of the statewide average weekly wage as computed
each first day of January under division (B)(3) of section 4141.30
of the Revised Code, rounded down to the nearest dollar, except
for purposes of division (D)(2)(c) of this section, such term
means the full period of unemployment next ensuing after a
separation from such work and until such individual has become
reemployed subject to the terms set forth above, and has earned
wages equal to one-half of the individual's average weekly wage or
sixty dollars, whichever is less.
(H) If a claimant is disqualified under division (D)(2)(a),
(c), or (d) of this section or found to be qualified under the
exceptions provided in division (D)(2)(a)(i), (iii), or (iv) of
this section or division (A)(2) of section 4141.291 of the Revised
Code, then benefits that may become payable to such claimant,
which are chargeable to the account of the employer from whom the
individual was separated under such conditions, shall be charged
to the mutualized account provided in section 4141.25 of the
Revised Code, provided that no charge shall be made to the
mutualized account for benefits chargeable to a reimbursing
employer, except as provided in division (D)(2) of section 4141.24
of the Revised Code. In the case of a reimbursing employer, the
director shall refund or credit to the account of the reimbursing
employer any over-paid benefits that are recovered under division
(B) of section 4141.35 of the Revised Code. Amounts chargeable to
other states, the United States, or Canada that are subject to
agreements and arrangements that are established pursuant to
section 4141.43 of the Revised Code shall be credited or
reimbursed according to the agreements and arrangements to which
the chargeable amounts are subject.
(I)(1) Benefits based on service in employment as provided in
divisions (B)(2)(a) and (b) of section 4141.01 of the Revised Code
shall be payable in the same amount, on the same terms, and
subject to the same conditions as benefits payable on the basis of
other service subject to this chapter; except that after December
31, 1977:
(a) Benefits based on service in an instructional, research,
or principal administrative capacity in an institution of higher
education, as defined in division (Y) of section 4141.01 of the
Revised Code; or for an educational institution as defined in
division (CC) of section 4141.01 of the Revised Code, shall not be
paid to any individual for any week of unemployment that begins
during the period between two successive academic years or terms,
or during a similar period between two regular but not successive
terms or during a period of paid sabbatical leave provided for in
the individual's contract, if the individual performs such
services in the first of those academic years or terms and has a
contract or a reasonable assurance that the individual will
perform services in any such capacity for any such institution in
the second of those academic years or terms.
(b) Benefits based on service for an educational institution
or an institution of higher education in other than an
instructional, research, or principal administrative capacity,
shall not be paid to any individual for any week of unemployment
which begins during the period between two successive academic
years or terms of the employing educational institution or
institution of higher education, provided the individual performed
those services for the educational institution or institution of
higher education during the first such academic year or term and,
there is a reasonable assurance that such individual will perform
those services for any educational institution or institution of
higher education in the second of such academic years or terms.
If compensation is denied to any individual for any week
under division (I)(1)(b) of this section and the individual was
not offered an opportunity to perform those services for an
institution of higher education or for an educational institution
for the second of such academic years or terms, the individual is
entitled to a retroactive payment of compensation for each week
for which the individual timely filed a claim for compensation and
for which compensation was denied solely by reason of division
(I)(1)(b) of this section. An application for retroactive benefits
shall be timely filed if received by the director or the
director's deputy within or prior to the end of the fourth full
calendar week after the end of the period for which benefits were
denied because of reasonable assurance of employment. The
provision for the payment of retroactive benefits under division
(I)(1)(b) of this section is applicable to weeks of unemployment
beginning on and after November 18, 1983. The provisions under
division (I)(1)(b) of this section shall be retroactive to
September 5, 1982, only if, as a condition for full tax credit
against the tax imposed by the "Federal Unemployment Tax Act," 53
Stat. 183 (1939), 26 U.S.C.A. 3301 to 3311, the United States
secretary of labor determines that retroactivity is required by
federal law.
(c) With respect to weeks of unemployment beginning after
December 31, 1977, benefits shall be denied to any individual for
any week which commences during an established and customary
vacation period or holiday recess, if the individual performs any
services described in divisions (I)(1)(a) and (b) of this section
in the period immediately before the vacation period or holiday
recess, and there is a reasonable assurance that the individual
will perform any such services in the period immediately following
the vacation period or holiday recess.
(d) With respect to any services described in division
(I)(1)(a), (b), or (c) of this section, benefits payable on the
basis of services in any such capacity shall be denied as
specified in division (I)(1)(a), (b), or (c) of this section to
any individual who performs such services in an educational
institution or institution of higher education while in the employ
of an educational service agency. For this purpose, the term
"educational service agency" means a governmental agency or
governmental entity that is established and operated exclusively
for the purpose of providing services to one or more educational
institutions or one or more institutions of higher education.
(e) Any individual employed by a public school district or a
county board of developmental disabilities shall be notified by
the thirtieth day of April each year if the individual is not to
be reemployed the following academic year.
(f) Any individual employed by a school district shall be
notified by the first day of June each year if the individual is
not to be reemployed the following academic year.
(2) No disqualification will be imposed, between academic
years or terms or during a vacation period or holiday recess under
this division, unless the director or the director's deputy has
received a statement in writing from the educational institution
or institution of higher education that the claimant has a
contract for, or a reasonable assurance of, reemployment for the
ensuing academic year or term.
(3) If an individual has employment with an educational
institution or an institution of higher education and employment
with a noneducational employer, during the base period of the
individual's benefit year, then the individual may become eligible
for benefits during the between-term, or vacation or holiday
recess, disqualification period, based on employment performed for
the noneducational employer, provided that the employment is
sufficient to qualify the individual for benefit rights separately
from the benefit rights based on school employment. The weekly
benefit amount and maximum benefits payable during a
disqualification period shall be computed based solely on the
nonschool employment.
(J) Benefits shall not be paid on the basis of employment
performed by an alien, unless the alien had been lawfully admitted
to the United States for permanent residence at the time the
services were performed, was lawfully present for purposes of
performing the services, or was otherwise permanently residing in
the United States under color of law at the time the services were
performed, under section 212(d)(5) of the "Immigration and
Nationality Act," 66 Stat. 163, 8 U.S.C.A. 1101:
(1) Any data or information required of individuals applying
for benefits to determine whether benefits are not payable to them
because of their alien status shall be uniformly required from all
applicants for benefits.
(2) In the case of an individual whose application for
benefits would otherwise be approved, no determination that
benefits to the individual are not payable because of the
individual's alien status shall be made except upon a
preponderance of the evidence that the individual had not, in
fact, been lawfully admitted to the United States.
(K) The director shall establish and utilize a system of
profiling all new claimants under this chapter that:
(1) Identifies which claimants will be likely to exhaust
regular compensation and will need job search assistance services
to make a successful transition to new employment;
(2) Refers claimants identified pursuant to division (K)(1)
of this section to reemployment services, such as job search
assistance services, available under any state or federal law;
(3) Collects follow-up information relating to the services
received by such claimants and the employment outcomes for such
claimant's subsequent to receiving such services and utilizes such
information in making identifications pursuant to division (K)(1)
of this section; and
(4) Meets such other requirements as the United States
secretary of labor determines are appropriate.
Sec. 4141.293. (A) As used in this section, "learn to earn
program" means any program established by the department of job
and family services that offers a structured, supervised training
opportunity to an eligible unemployment compensation claimant with
a designated worksite training provider.
(B) Participation in a learn to earn program is voluntary.
(C) If a learn to earn program participant is otherwise
eligible for unemployment compensation benefits, the participant
shall continue to receive unemployment compensation benefits
pursuant to this chapter during participation in the program.
(D) A participant in a learn to earn program shall be
registered at an employment office or other registration place
maintained or designated by the director of job and family
services according to the procedure set forth in division (A)(3)
of section 4141.29 of the Revised Code.
(E) A learn to earn program participant may participate in a
learn to earn program for a period not to exceed twenty-four hours
a week for a maximum of six weeks.
Sec. 4301.20. This chapter and Chapter 4303. of the Revised
Code do not prevent the following:
(A) The storage of intoxicating liquor in bonded warehouses,
established in accordance with the acts of congress and under the
regulation of the United States, located in this state, or the
transportation of intoxicating liquor to or from bonded warehouses
of the United States wherever located;
(B) A bona fide resident of this state who is the owner of a
warehouse receipt from obtaining or transporting to the resident's
residence for the resident's own consumption and not for resale
spirituous liquor stored in a government bonded warehouse in this
state or in another state prior to December 1933, subject to such
terms as are prescribed by the division of liquor control;
(C) The manufacture of cider from fruit for the purpose of
making vinegar, and nonintoxicating cider and fruit juices for use
and sale;
(D) A licensed physician or dentist from administering or
dispensing intoxicating liquor or alcohol to a patient in good
faith in the actual course of the practice of the physician's or
dentist's profession;
(E) The sale of alcohol to physicians, dentists, druggists,
veterinary surgeons, manufacturers, hospitals, infirmaries, or
medical or educational institutions using the alcohol for
medicinal, mechanical, chemical, or scientific purposes;
(F) The sale, gift, or keeping for sale by druggists and
others of any of the medicinal preparations manufactured in
accordance with the formulas prescribed by the United States
Pharmacopoeia and National Formulary, patent or proprietary
preparations, and other bona fide medicinal and technical
preparations, which contain no more alcohol than is necessary to
hold the medicinal agents in solution and to preserve the same,
which are manufactured and sold as medicine and not as beverages,
are unfit for use for beverage purposes, and the sale of which
does not require the payment of a United States liquor dealer's
tax;
(G) The manufacture and sale of tinctures or of toilet,
medicinal, and antiseptic preparations and solutions not intended
for internal human use nor to be sold as beverages, and which are
unfit for beverage purposes, if upon the outside of each bottle,
box, or package of which there is printed in the English language,
conspicuously and legibly, the quantity by volume of alcohol in
the preparation or solution;
(H) The manufacture and keeping for sale of the food products
known as flavoring extracts when manufactured and sold for
cooking, culinary, or flavoring purposes, and which are unfit for
use for beverage purposes;
(I) The lawful sale of wood alcohol or of ethyl alcohol for
external use when combined with other substances as to make it
unfit for internal use;
(J) The manufacture, sale, and transport of ethanol or ethyl
alcohol for use as fuel. As used in this division, "ethanol" has
the same meaning as in section 5733.46 of the Revised Code.
(K) The purchase and importation into this state or the
purchase at wholesale from A or B permit holders in this state of
beer and intoxicating liquor for use in manufacturing processes of
nonbeverage food products under terms prescribed by the division,
provided that the terms prescribed by the division shall not
increase the cost of the beer or intoxicating liquor to any
person, firm, or corporation purchasing and importing it into this
state or purchasing it from an A or B permit holder for that use;
(L) Any resident of this state or any member of the armed
forces of the United States, who has attained the age of
twenty-one years, from bringing into this state, for personal use
and not for resale, not more than one liter of spirituous liquor,
four and one-half liters of wine, or two hundred eighty-eight
ounces of beer in any thirty-day period, and the same is free of
any tax consent fee when the resident or member of the armed
forces physically possesses and accompanies the spirituous liquor,
wine, or beer on returning from a foreign country, another state,
or an insular possession of the United States;
(M) Persons, at least twenty-one years of age, who collect
ceramic commemorative bottles containing spirituous liquor that
have unbroken federal tax stamps on them from selling or trading
the bottles to other collectors. The bottles shall originally have
been purchased at retail from the division, legally imported under
division (L) of this section, or legally imported pursuant to a
supplier registration issued by the division. The sales shall be
for the purpose of exchanging a ceramic commemorative bottle
between private collectors and shall not be for the purpose of
selling the spirituous liquor for personal consumption. The sale
or exchange authorized by this division shall not occur on the
premises of any permit holder, shall not be made in connection
with the business of any permit holder, and shall not be made in
connection with any mercantile business.
(N) The sale of beer or intoxicating liquor without a liquor
permit at a private residence, not more than five times per
calendar year at a residence address, at an event that has the
following characteristics:
(1) The event is for a charitable, benevolent, or political
purpose, but shall not include any event the proceeds of which are
for the profit or gain of any individual;
(2) The event has in attendance not more than fifty people;
(3) The event shall be for a period not to exceed twelve
hours;
(4) The sale of beer and intoxicating liquor at the event
shall not take place between two-thirty a.m. and five-thirty a.m.;
(5) No person under twenty-one years of age shall purchase or
consume beer or intoxicating liquor at the event and no beer or
intoxicating liquor shall be sold to any person under twenty-one
years of age at the event; and
(6) No person at the event shall sell or furnish beer or
intoxicating liquor to an intoxicated person.
(O) The possession or consumption of beer or intoxicating
liquor by a person who is under twenty-one years of age and who is
a student at an accredited college or university, provided that
both of the following apply:
(1) The person is required to taste and expectorate the beer
or intoxicating liquor for a culinary, food service, or
hospitality course.
(2) The person is under the direct supervision of the
instructor of the culinary, food service, or hospitality course.
Sec. 5104.01. As used in this chapter:
(A) "Administrator" means the person responsible for the
daily operation of a center or type A home. The administrator and
the owner may be the same person.
(B) "Approved child day camp" means a child day camp approved
pursuant to section 5104.22 of the Revised Code.
(C) "Authorized provider" means a person authorized by a
county director of job and family services to operate a certified
type B family day-care home.
(D) "Border state child care provider" means a child care
provider that is located in a state bordering Ohio and that is
licensed, certified, or otherwise approved by that state to
provide child care.
(E) "Career pathways model" means an alternative pathway to
meeting the requirements for to be a child-care staff member or
administrator that uses one does both of the following:
(1) Uses a framework approved by the director of job and
family services to integrate the pathways of document formal
education, training, experience, and specialized credentials, and
certifications, and that allows;
(2) Allows the child-care staff member or administrator to
achieve a designation as an early childhood professional level
one, two, three, four, five, or six.
(F) "Caretaker parent" means the father or mother of a child
whose presence in the home is needed as the caretaker of the
child, a person who has legal custody of a child and whose
presence in the home is needed as the caretaker of the child, a
guardian of a child whose presence in the home is needed as the
caretaker of the child, and any other person who stands in loco
parentis with respect to the child and whose presence in the home
is needed as the caretaker of the child.
(G) "Certified type B family day-care home" and "certified
type B home" mean a type B family day-care home that is certified
by the director of the county department of job and family
services pursuant to section 5104.11 of the Revised Code to
receive public funds for providing child care pursuant to this
chapter and any rules adopted under it.
(H) "Chartered nonpublic school" means a school that meets
standards for nonpublic schools prescribed by the state board of
education for nonpublic schools pursuant to section 3301.07 of the
Revised Code.
(I) "Child" includes an infant, toddler, preschool
preschool-age child, or
school school-age child.
(J) "Child care block grant act" means the "Child Care and
Development Block Grant Act of 1990," established in section 5082
of the "Omnibus Budget Reconciliation Act of 1990," 104 Stat.
1388-236 (1990), 42 U.S.C. 9858, as amended.
(K) "Child day camp" means a program in which only school
school-age children attend or participate, that operates for no
more than seven hours per day, that operates only during one or
more public school district's regular vacation periods or for no
more than fifteen weeks during the summer, and that operates
outdoor activities for each child who attends or participates in
the program for a minimum of fifty per cent of each day that
children attend or participate in the program, except for any day
when hazardous weather conditions prevent the program from
operating outdoor activities for a minimum of fifty per cent of
that day. For purposes of this division, the maximum seven hours
of operation time does not include transportation time from a
child's home to a child day camp and from a child day camp to a
child's home.
(L) "Child care" means administering to the needs of infants,
toddlers, preschool preschool-age children, and school school-age
children outside of school hours by persons other than their
parents or guardians, custodians, or relatives by blood, marriage,
or adoption for any part of the twenty-four-hour day in a place or
residence other than a child's own home.
(M) "Child day-care center" and "center" mean any place in
which child care or publicly funded child care is provided for
thirteen or more children at one time or any place that is not the
permanent residence of the licensee or administrator in which
child care or publicly funded child care is provided for seven to
twelve children at one time. In counting children for the purposes
of this division, any children under six years of age who are
related to a licensee, administrator, or employee and who are on
the premises of the center shall be counted. "Child day-care
center" and "center" do not include any of the following:
(1) A place located in and operated by a hospital, as defined
in section 3727.01 of the Revised Code, in which the needs of
children are administered to, if all the children whose needs are
being administered to are monitored under the on-site supervision
of a physician licensed under Chapter 4731. of the Revised Code or
a registered nurse licensed under Chapter 4723. of the Revised
Code, and the services are provided only for children who, in the
opinion of the child's parent, guardian, or custodian, are
exhibiting symptoms of a communicable disease or other illness or
are injured;
(3) A place that provides child care, but not publicly funded
child care, if all of the following apply:
(a) An organized religious body provides the child care;
(b) A parent, custodian, or guardian of at least one child
receiving child care is on the premises and readily accessible at
all times;
(c) The child care is not provided for more than thirty days
a year;
(d) The child care is provided only for preschool
preschool-age and school school-age children.
(N) "Child care resource and referral service organization"
means a community-based nonprofit organization that provides child
care resource and referral services but not child care.
(O) "Child care resource and referral services" means all of
the following services:
(1) Maintenance of a uniform data base of all child care
providers in the community that are in compliance with this
chapter, including current occupancy and vacancy data;
(2) Provision of individualized consumer education to
families seeking child care;
(3) Provision of timely referrals of available child care
providers to families seeking child care;
(4) Recruitment of child care providers;
(5) Assistance in the development, conduct, and dissemination
of training for child care providers and provision of technical
assistance to current and potential child care providers,
employers, and the community;
(6) Collection and analysis of data on the supply of and
demand for child care in the community;
(7) Technical assistance concerning locally, state, and
federally funded child care and early childhood education
programs;
(8) Stimulation of employer involvement in making child care
more affordable, more available, safer, and of higher quality for
their employees and for the community;
(9) Provision of written educational materials to caretaker
parents and informational resources to child care providers;
(10) Coordination of services among child care resource and
referral service organizations to assist in developing and
maintaining a statewide system of child care resource and referral
services if required by the department of job and family services;
(11) Cooperation with the county department of job and family
services in encouraging the establishment of parent cooperative
child care centers and parent cooperative type A family day-care
homes.
(P) "Child-care staff member" means an employee of a child
day-care center or type A family day-care home who is primarily
responsible for the care and supervision of children. The
administrator may be a part-time child-care staff member when not
involved in other duties.
(Q) "Drop-in child day-care center," "drop-in center,"
"drop-in type A family day-care home," and "drop-in type A home"
mean a center or type A home that provides child care or publicly
funded child care for children on a temporary, irregular basis.
(R) "Employee" means a person who either:
(1) Receives compensation for duties performed in a child
day-care center or type A family day-care home;
(2) Is assigned specific working hours or duties in a child
day-care center or type A family day-care home.
(S) "Employer" means a person, firm, institution,
organization, or agency that operates a child day-care center or
type A family day-care home subject to licensure under this
chapter.
(T) "Federal poverty line" means the official poverty
guideline as revised annually in accordance with section 673(2) of
the "Omnibus Budget Reconciliation Act of 1981," 95 Stat. 511, 42
U.S.C. 9902, as amended, for a family size equal to the size of
the family of the person whose income is being determined.
(U) "Head start program" means a comprehensive child
development program that receives funds distributed under the
"Head Start Act," 95 Stat. 499 (1981), 42 U.S.C.A. 9831, as
amended, and is licensed as a child day-care center.
(V) "Income" means gross income, as defined in section
5107.10 of the Revised Code, less any amounts required by federal
statutes or regulations to be disregarded.
(W) "Indicator checklist" means an inspection tool, used in
conjunction with an instrument-based program monitoring
information system, that contains selected licensing requirements
that are statistically reliable indicators or predictors of a
child day-care center or type A family day-care home's compliance
with licensing requirements.
(X) "Infant" means a child who is less than eighteen months
of age.
(Y) "In-home aide" means a person who does not reside with
the child but provides care in the child's home and is certified
by a county director of job and family services pursuant to
section 5104.12 of the Revised Code to provide publicly funded
child care to a child in a child's own home pursuant to this
chapter and any rules adopted under it.
(Z) "Instrument-based program monitoring information system"
means a method to assess compliance with licensing requirements
for child day-care centers and type A family day-care homes in
which each licensing requirement is assigned a weight indicative
of the relative importance of the requirement to the health,
growth, and safety of the children that is used to develop an
indicator checklist.
(AA) "License capacity" means the maximum number in each age
category of children who may be cared for in a child day-care
center or type A family day-care home at one time as determined by
the director of job and family services considering building
occupancy limits established by the department of commerce, amount
of available indoor floor space and outdoor play space, and amount
of available play equipment, materials, and supplies. For the
purposes of a provisional license issued under this chapter, the
director shall also consider the number of available child-care
staff members when determining "license capacity" for the
provisional license.
(BB) "Licensed child care program" means any of the
following:
(1) A child day-care center licensed by the department of job
and family services pursuant to this chapter;
(2) A type A family day-care home licensed by the department
of job and family services pursuant to this chapter;
(3) A type B family day-care home certified by a county
department of job and family services pursuant to this chapter;
(4) A licensed preschool program or licensed school child
program.
(CC) "Licensed preschool program" or "licensed school child
program" means a preschool program or school child program, as
defined in section 3301.52 of the Revised Code, that is licensed
by the department of education pursuant to sections 3301.52 to
3301.59 of the Revised Code.
(CC)(DD) "Licensee" means the owner of a child day-care
center or type A family day-care home that is licensed pursuant to
this chapter and who is responsible for ensuring its compliance
with this chapter and rules adopted pursuant to this chapter.
(DD)(EE) "Operate a child day camp" means to operate,
establish, manage, conduct, or maintain a child day camp.
(EE)(FF) "Owner" includes a person, as defined in section
1.59 of the Revised Code, or government entity.
(FF)(GG) "Parent cooperative child day-care center," "parent
cooperative center," "parent cooperative type A family day-care
home," and "parent cooperative type A home" mean a corporation or
association organized for providing educational services to the
children of members of the corporation or association, without
gain to the corporation or association as an entity, in which the
services of the corporation or association are provided only to
children of the members of the corporation or association,
ownership and control of the corporation or association rests
solely with the members of the corporation or association, and at
least one parent-member of the corporation or association is on
the premises of the center or type A home during its hours of
operation.
(GG)(HH) "Part-time child day-care center," "part-time
center," "part-time type A family day-care home," and "part-time
type A home" mean a center or type A home that provides child care
or publicly funded child care for no more than four hours a day
for any child.
(HH)(II) "Place of worship" means a building where activities
of an organized religious group are conducted and includes the
grounds and any other buildings on the grounds used for such
activities.
(II)(JJ) "Preschool Preschool-age child" means a child who is
three years old or older but is not a school school-age child.
(JJ)(KK) "Protective child care" means publicly funded child
care for the direct care and protection of a child to whom either
of the following applies:
(1) A case plan prepared and maintained for the child
pursuant to section 2151.412 of the Revised Code indicates a need
for protective care and the child resides with a parent,
stepparent, guardian, or another person who stands in loco
parentis as defined in rules adopted under section 5104.38 of the
Revised Code;
(2) The child and the child's caretaker either temporarily
reside in a facility providing emergency shelter for homeless
families or are determined by the county department of job and
family services to be homeless, and are otherwise ineligible for
publicly funded child care.
(KK)(LL) "Publicly funded child care" means administering to
the needs of infants, toddlers, preschool preschool-age children,
and school school-age children under age thirteen during any part
of the twenty-four-hour day by persons other than their caretaker
parents for remuneration wholly or in part with federal or state
funds, including funds available under the child care block grant
act, Title IV-A, and Title XX, distributed by the department of
job and family services.
(LL)(MM) "Religious activities" means any of the following:
worship or other religious services; religious instruction; Sunday
school classes or other religious classes conducted during or
prior to worship or other religious services; youth or adult
fellowship activities; choir or other musical group practices or
programs; meals; festivals; or meetings conducted by an organized
religious group.
(MM)(NN) "School School-age child" means a child who is
enrolled in or is eligible to be enrolled in a grade of
kindergarten or above but is less than fifteen years old.
(NN)(OO) "School child day-care center," "school School-age
child care center," "school child type A family day-care home,"
and "school school-age child type A family home" mean a center or
type A home that provides child care for school school-age
children only and that does either or both of the following:
(1) Operates only during that part of the day that
immediately precedes or follows the public school day of the
school district in which the center or type A home is located;
(2) Operates only when the public schools in the school
district in which the center or type A home is located are not
open for instruction with pupils in attendance.
(OO)(PP) "Serious risk noncompliance" means a licensure or
certification rule violation that leads to a great risk of harm
to, or death of, a child, and is observable, not inferable.
(PP)(QQ) "State median income" means the state median income
calculated by the department of development pursuant to division
(A)(1)(g) of section 5709.61 of the Revised Code.
(QQ)(RR) "Title IV-A" means Title IV-A of the "Social
Security Act," 110 Stat. 2113 (1996), 42 U.S.C. 601, as amended.
(RR)(SS) "Title XX" means Title XX of the "Social Security
Act," 88 Stat. 2337 (1974), 42 U.S.C. 1397, as amended.
(SS)(TT) "Toddler" means a child who is at least eighteen
months of age but less than three years of age.
(TT)(UU) "Type A family day-care home" and "type A home" mean
a permanent residence of the administrator in which child care or
publicly funded child care is provided for seven to twelve
children at one time or a permanent residence of the administrator
in which child care is provided for four to twelve children at one
time if four or more children at one time are under two years of
age. In counting children for the purposes of this division, any
children under six years of age who are related to a licensee,
administrator, or employee and who are on the premises of the type
A home shall be counted. "Type A family day-care home" and "type A
home" do not include any child day camp.
(UU)(VV) "Type B family day-care home" and "type B home" mean
a permanent residence of the provider in which child care is
provided for one to six children at one time and in which no more
than three children are under two years of age at one time. In
counting children for the purposes of this division, any children
under six years of age who are related to the provider and who are
on the premises of the type B home shall be counted. "Type B
family day-care home" and "type B home" do not include any child
day camp.
Sec. 5104.011. (A) The director of job and family services
shall adopt rules pursuant to Chapter 119. of the Revised Code
governing the operation of child day-care centers, including, but
not limited to, parent cooperative centers, part-time centers,
drop-in centers, and school school-age child care centers, which
rules shall reflect the various forms of child care and the needs
of children receiving child care or publicly funded child care and
shall include specific rules for school school-age child care
centers that are developed in consultation with the department of
education. The rules shall not require an existing school facility
that is in compliance with applicable building codes to undergo an
additional building code inspection or to have structural
modifications. The rules shall include the following:
(1) Submission of a site plan and descriptive plan of
operation to demonstrate how the center proposes to meet the
requirements of this chapter and rules adopted pursuant to this
chapter for the initial license application;
(2) Standards for ensuring that the physical surroundings of
the center are safe and sanitary including, but not limited to,
the physical environment, the physical plant, and the equipment of
the center;
(3) Standards for the supervision, care, and discipline of
children receiving child care or publicly funded child care in the
center;
(4) Standards for a program of activities, and for play
equipment, materials, and supplies, to enhance the development of
each child; however, any educational curricula, philosophies, and
methodologies that are developmentally appropriate and that
enhance the social, emotional, intellectual, and physical
development of each child shall be permissible. As used in this
division, "program" does not include instruction in religious or
moral doctrines, beliefs, or values that is conducted at child
day-care centers owned and operated by churches and does include
methods of disciplining children at child day-care centers.
(5) Admissions policies and procedures, health care policies
and procedures, including, but not limited to, procedures for the
isolation of children with communicable diseases, first aid and
emergency procedures, procedures for discipline and supervision of
children, standards for the provision of nutritious meals and
snacks, and procedures for screening children and employees, that
may include any necessary physical examinations and immunizations;
(6) Methods for encouraging parental participation in the
center and methods for ensuring that the rights of children,
parents, and employees are protected and that responsibilities of
parents and employees are met;
(7) Procedures for ensuring the safety and adequate
supervision of children traveling off the premises of the center
while under the care of a center employee;
(8) Procedures for record keeping, organization, and
administration;
(9) Procedures for issuing, denying, and revoking a license
that are not otherwise provided for in Chapter 119. of the Revised
Code;
(10) Inspection procedures;
(11) Procedures and standards for setting initial license
application fees;
(12) Procedures for receiving, recording, and responding to
complaints about centers;
(13) Procedures for enforcing section 5104.04 of the Revised
Code;
(14) A standard requiring the inclusion, on and after July 1,
1987, of a current department of job and family services toll-free
telephone number on each center provisional license or license
which any person may use to report a suspected violation by the
center of this chapter or rules adopted pursuant to this chapter;
(15) Requirements for the training of administrators and
child-care staff members in first aid, in prevention, recognition,
and management of communicable diseases, and in child abuse
recognition and prevention. Training requirements for child
day-care centers adopted under this division shall be consistent
with divisions (B)(6) and (C)(1) of this section.
(16) Standards providing for the special needs of children
who are handicapped or who require treatment for health conditions
while the child is receiving child care or publicly funded child
care in the center;
(17) A procedure for reporting of injuries of children that
occur at the center;
(18) Any other procedures and standards necessary to carry
out this chapter.
(B)(1) The child day-care center shall have, for each child
for whom the center is licensed, at least thirty-five square feet
of usable indoor floor space wall-to-wall regularly available for
the child care operation exclusive of any parts of the structure
in which the care of children is prohibited by law or by rules
adopted by the board of building standards. The minimum of
thirty-five square feet of usable indoor floor space shall not
include hallways, kitchens, storage areas, or any other areas that
are not available for the care of children, as determined by the
director, in meeting the space requirement of this division, and
bathrooms shall be counted in determining square footage only if
they are used exclusively by children enrolled in the center,
except that the exclusion of hallways, kitchens, storage areas,
bathrooms not used exclusively by children enrolled in the center,
and any other areas not available for the care of children from
the minimum of thirty-five square feet of usable indoor floor
space shall not apply to:
(a) Centers licensed prior to or on September 1, 1986, that
continue under licensure after that date;
(b) Centers licensed prior to or on September 1, 1986, that
are issued a new license after that date solely due to a change of
ownership of the center.
(2) The child day-care center shall have on the site a safe
outdoor play space which is enclosed by a fence or otherwise
protected from traffic or other hazards. The play space shall
contain not less than sixty square feet per child using such space
at any one time, and shall provide an opportunity for supervised
outdoor play each day in suitable weather. The director may exempt
a center from the requirement of this division, if an outdoor play
space is not available and if all of the following are met:
(a) The center provides an indoor recreation area that has
not less than sixty square feet per child using the space at any
one time, that has a minimum of one thousand four hundred forty
square feet of space, and that is separate from the indoor space
required under division (B)(1) of this section.
(b) The director has determined that there is regularly
available and scheduled for use a conveniently accessible and safe
park, playground, or similar outdoor play area for play or
recreation.
(c) The children are closely supervised during play and while
traveling to and from the area.
The director also shall exempt from the requirement of this
division a child day-care center that was licensed prior to
September 1, 1986, if the center received approval from the
director prior to September 1, 1986, to use a park, playground, or
similar area, not connected with the center, for play or
recreation in lieu of the outdoor space requirements of this
section and if the children are closely supervised both during
play and while traveling to and from the area and except if the
director determines upon investigation and inspection pursuant to
section 5104.04 of the Revised Code and rules adopted pursuant to
that section that the park, playground, or similar area, as well
as access to and from the area, is unsafe for the children.
(3) The child day-care center shall have at least two
responsible adults available on the premises at all times when
seven or more children are in the center. The center shall
organize the children in the center in small groups, shall provide
child-care staff to give continuity of care and supervision to the
children on a day-by-day basis, and shall ensure that no child is
left alone or unsupervised. Except as otherwise provided in
division (E) of this section, the maximum number of children per
child-care staff member and maximum group size, by age category of
children, are as follows:
|
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Maximum Number of |
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Children Per |
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Maximum |
|
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Age Category |
|
Child-Care |
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Group |
|
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of Children |
|
Staff Member |
|
Size |
|
|
(a) Infants: |
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(i) Less than twelve |
|
|
|
|
|
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months old |
|
5:1, or |
|
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|
|
|
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12:2 if two |
|
|
|
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|
|
child-care |
|
|
|
|
|
|
staff members |
|
|
|
|
|
|
are in the room |
|
12 |
|
|
(ii) At least twelve |
|
|
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|
|
|
months old, but |
|
|
|
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|
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less than eighteen |
|
|
|
|
|
|
months old |
|
6:1 |
|
12 |
|
|
(b) Toddlers: |
|
|
|
|
|
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(i) At least eighteen |
|
|
|
|
|
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months old, but |
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|
|
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less than thirty |
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|
|
|
|
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months old |
|
7:1 |
|
14 |
|
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(ii) At least thirty months |
|
|
|
|
|
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old, but less than |
|
|
|
|
|
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three years old |
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8:1 |
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16 |
|
|
(c) Preschool Preschool-age |
|
|
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children: |
|
|
|
|
|
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(i) Three years old |
|
12:1 |
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24 |
|
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(ii) Four years old and |
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five years old who |
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are not school |
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children |
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14:1 |
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28 |
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(d) School School-age children: |
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(i) A child who is |
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enrolled in or is
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eligible to be |
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enrolled in a grade
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of kindergarten |
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or above, but |
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is less than
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eleven years old |
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18:1 |
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36 |
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(ii) Eleven through fourteen |
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years old |
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20:1 |
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40 |
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Except as otherwise provided in division (E) of this section,
the maximum number of children per child-care staff member and
maximum group size requirements of the younger age group shall
apply when age groups are combined.
(4)(a) The child day-care center administrator shall show the
director both of the following:
(i) Evidence of at least high school graduation or
certification of high school equivalency by the state board of
education or the appropriate agency of another state;
(ii) Evidence of having completed at least two years of
training in an accredited college, university, or technical
college, including courses in child development or early childhood
education, at least two years of experience in supervising and
giving daily care to children attending an organized group
program, or the equivalent based on a designation as an "early
childhood professional level three" under the career pathways
model of the quality-rating program established under section
5104.30 of the Revised Code.
(b) In addition to the requirements of division (B)(4)(a) of
this section and except as provided in division (B)(4)(c) of this
section, any administrator employed or designated as such prior to
the effective date of this section, as amended, shall show
evidence of at least one of the following within six years after
the date of employment or designation:
(i) Two years of experience working as a child-care staff
member in a center and at least four courses in child development
or early childhood education from an accredited college,
university, or technical college, except that a person who has two
years of experience working as a child-care staff member in a
particular center and who has been promoted to or designated as
administrator of that center shall have one year from the time the
person was promoted to or designated as administrator to complete
the required four courses;
(ii) Two years of training, including at least four courses
in child development or early childhood education from an
accredited college, university, or technical college;
(iii) A child development associate credential issued by the
national child development associate credentialing commission;
(iv) An associate or higher degree in child development or
early childhood education from an accredited college, technical
college, or university, or a license designated for teaching in an
associate teaching position in a preschool setting issued by the
state board of education.
(c) For the purposes of division (B)(4)(b) of this section,
any administrator employed or designated as such prior to the
effective date of this section, as amended, may also show evidence
of an administrator's credential as approved by the department of
job and family services in lieu of, or in addition to, the
evidence required under division (B)(4)(b) of this section. The
evidence of an administrator's credential must be shown to the
director not later than one year after the date of employment or
designation.
(d) In addition to the requirements of division (B)(4)(a) of
this section, any administrator employed or designated as such on
or after the effective date of this section, as amended, shall
show evidence of at least one of the following not later than one
year after the date of employment or designation:
(i) Two years of experience working as a child-care staff
member in a center and at least four courses in child development
or early childhood education from an accredited college,
university, or technical college, except that a person who has two
years of experience working as a child-care staff member in a
particular center and who has been promoted to or designated as
administrator of that center shall have one year from the time the
person was promoted to or designated as administrator to complete
the required four courses;
(ii) Two years of training, including at least four courses
in child development or early childhood education from an
accredited college, university, or technical college;
(iii) A child development associate credential issued by the
national child development associate credentialing commission;
(iv) An associate or higher degree in child development or
early childhood education from an accredited college, technical
college, or university, or a license designated for teaching in an
associate teaching position in a preschool setting issued by the
state board of education;
(v) An administrator's credential as approved by the
department of job and family services.
(5) All child-care staff members of a child day-care center
shall be at least eighteen years of age, and shall furnish the
director evidence of at least high school graduation or
certification of high school equivalency by the state board of
education or the appropriate agency of another state or evidence
of completion of a training program approved by the department of
job and family services or state board of education, except as
follows:
(a) A child-care staff member may be less than eighteen years
of age if the staff member is either of the following:
(i) A graduate of a two-year vocational child-care training
program approved by the state board of education;
(ii) A student enrolled in the second year of a vocational
child-care training program approved by the state board of
education which leads to high school graduation, provided that the
student performs the student's duties in the child day-care center
under the continuous supervision of an experienced child-care
staff member, receives periodic supervision from the vocational
child-care training program teacher-coordinator in the student's
high school, and meets all other requirements of this chapter and
rules adopted pursuant to this chapter.
(b) A child-care staff member shall be exempt from the
educational requirements of this division if the staff member:
(i) Prior to January 1, 1972, was employed or designated by a
child day-care center and has been continuously employed since
either by the same child day-care center employer or at the same
child day-care center;
(ii) Is a student enrolled in the second year of a vocational
child-care training program approved by the state board of
education which leads to high school graduation, provided that the
student performs the student's duties in the child day-care center
under the continuous supervision of an experienced child-care
staff member, receives periodic supervision from the vocational
child-care training program teacher-coordinator in the student's
high school, and meets all other requirements of this chapter and
rules adopted pursuant to this chapter;
(iii) Is receiving or has completed the final year of
instruction at home as authorized under section 3321.04 of the
Revised Code or has graduated from a nonchartered, nonpublic
school in Ohio.
(6) Every child care staff member of a child day-care center
annually shall complete fifteen hours of inservice training in
child development or early childhood education, child abuse
recognition and prevention, first aid, and in prevention,
recognition, and management of communicable diseases, until a
total of forty-five hours of training has been completed, unless
the staff member furnishes one of the following to the director:
(a) Evidence of an associate or higher degree in child
development or early childhood education from an accredited
college, university, or technical college;
(b) A license designated for teaching in an associate
teaching position in a preschool setting issued by the state board
of education;
(c) Evidence of a child development associate credential;
(d) Evidence of a preprimary credential from the American
Montessori society or the association Montessori internationale.
For the purposes of division (B)(6) of this section, "hour" means
sixty minutes.
(C)(1) Each child day-care center shall have on the center
premises and readily available at all times at least one
child-care staff member who has completed a course in first aid,
one staff member who has completed a course in prevention,
recognition, and management of communicable diseases which is
approved by the state department of health, and a staff member who
has completed a course in child abuse recognition and prevention
training which is approved by the department of job and family
services.
(2) The administrator of each child day-care center shall
maintain enrollment, health, and attendance records for all
children attending the center and health and employment records
for all center employees. The records shall be confidential,
except that they shall be disclosed by the administrator to the
director upon request for the purpose of administering and
enforcing this chapter and rules adopted pursuant to this chapter.
Neither the center nor the licensee, administrator, or employees
of the center shall be civilly or criminally liable in damages or
otherwise for records disclosed to the director by the
administrator pursuant to this division. It shall be a defense to
any civil or criminal charge based upon records disclosed by the
administrator to the director that the records were disclosed
pursuant to this division.
(3)(a) Any parent who is the residential parent and legal
custodian of a child enrolled in a child day-care center and any
custodian or guardian of such a child shall be permitted unlimited
access to the center during its hours of operation for the
purposes of contacting their children, evaluating the care
provided by the center, evaluating the premises of the center, or
for other purposes approved by the director. A parent of a child
enrolled in a child day-care center who is not the child's
residential parent shall be permitted unlimited access to the
center during its hours of operation for those purposes under the
same terms and conditions under which the residential parent of
that child is permitted access to the center for those purposes.
However, the access of the parent who is not the residential
parent is subject to any agreement between the parents and, to the
extent described in division (C)(3)(b) of this section, is subject
to any terms and conditions limiting the right of access of the
parent who is not the residential parent, as described in division
(I) of section 3109.051 of the Revised Code, that are contained in
a parenting time order or decree issued under that section,
section 3109.12 of the Revised Code, or any other provision of the
Revised Code.
(b) If a parent who is the residential parent of a child has
presented the administrator or the administrator's designee with a
copy of a parenting time order that limits the terms and
conditions under which the parent who is not the residential
parent is to have access to the center, as described in division
(I) of section 3109.051 of the Revised Code, the parent who is not
the residential parent shall be provided access to the center only
to the extent authorized in the order. If the residential parent
has presented such an order, the parent who is not the residential
parent shall be permitted access to the center only in accordance
with the most recent order that has been presented to the
administrator or the administrator's designee by the residential
parent or the parent who is not the residential parent.
(c) Upon entering the premises pursuant to division (C)(3)(a)
or (b) of this section, the parent who is the residential parent
and legal custodian, the parent who is not the residential parent,
or the custodian or guardian shall notify the administrator or the
administrator's designee of the parent's, custodian's, or
guardian's presence.
(D) The director of job and family services, in addition to
the rules adopted under division (A) of this section, shall adopt
rules establishing minimum requirements for child day-care
centers. The rules shall include, but not be limited to, the
requirements set forth in divisions (B) and (C) of this section
and sections 5104.031, 5104.032, and 5104.033 of the Revised Code.
Except as provided in section 5104.07 of the Revised Code, the
rules shall not change the square footage requirements of division
(B)(1) or (2) of this section; the maximum number of children per
child-care staff member and maximum group size requirements of
division (B)(3) of this section; the educational and experience
requirements of division (B)(4) of this section 5104.031 of the
Revised Code; the age, educational, and experience requirements of
division (B)(5) of this section 5104.032 of the Revised Code; the
number and type of inservice training hours required under
division (B)(6) of this section 5104.033 of the Revised Code;
however, the rules shall provide procedures for determining
compliance with those requirements.
(E)(1) When age groups are combined, the maximum number of
children per child-care staff member shall be determined by the
age of the youngest child in the group, except that when no more
than one child thirty months of age or older receives services in
a group in which all the other children are in the next older age
group, the maximum number of children per child-care staff member
and maximum group size requirements of the older age group
established under division (B)(3) of this section shall apply.
(2) The maximum number of toddlers or preschool preschool-age
children per child-care staff member in a room where children are
napping shall be twice the maximum number of children per
child-care staff member established under division (B)(3) of this
section if all the following criteria are met:
(a) At least one child-care staff member is present in the
room.
(b) Sufficient child-care staff members are on the child
day-care center premises to meet the maximum number of children
per child-care staff member requirements established under
division (B)(3) of this section.
(c) Naptime preparations are complete and all napping
children are resting or sleeping on cots.
(d) The maximum number established under division (E)(2) of
this section is in effect for no more than two hours during a
twenty-four-hour day.
(F) The director of job and family services shall adopt rules
pursuant to Chapter 119. of the Revised Code governing the
operation of type A family day-care homes, including, but not
limited to, parent cooperative type A homes, part-time type A
homes, drop-in type A homes, and school school-age child type A
homes, which shall reflect the various forms of child care and the
needs of children receiving child care. The rules shall include
the following:
(1) Submission of a site plan and descriptive plan of
operation to demonstrate how the type A home proposes to meet the
requirements of this chapter and rules adopted pursuant to this
chapter for the initial license application;
(2) Standards for ensuring that the physical surroundings of
the type A home are safe and sanitary, including, but not limited
to, the physical environment, the physical plant, and the
equipment of the type A home;
(3) Standards for the supervision, care, and discipline of
children receiving child care or publicly funded child care in the
type A home;
(4) Standards for a program of activities, and for play
equipment, materials, and supplies, to enhance the development of
each child; however, any educational curricula, philosophies, and
methodologies that are developmentally appropriate and that
enhance the social, emotional, intellectual, and physical
development of each child shall be permissible;
(5) Admissions policies and procedures, health care policies
and procedures, including, but not limited to, procedures for the
isolation of children with communicable diseases, first aid and
emergency procedures, procedures for discipline and supervision of
children, standards for the provision of nutritious meals and
snacks, and procedures for screening children and employees,
including, but not limited to, any necessary physical examinations
and immunizations;
(6) Methods for encouraging parental participation in the
type A home and methods for ensuring that the rights of children,
parents, and employees are protected and that the responsibilities
of parents and employees are met;
(7) Procedures for ensuring the safety and adequate
supervision of children traveling off the premises of the type A
home while under the care of a type A home employee;
(8) Procedures for record keeping, organization, and
administration;
(9) Procedures for issuing, denying, and revoking a license
that are not otherwise provided for in Chapter 119. of the Revised
Code;
(10) Inspection procedures;
(11) Procedures and standards for setting initial license
application fees;
(12) Procedures for receiving, recording, and responding to
complaints about type A homes;
(13) Procedures for enforcing section 5104.04 of the Revised
Code;
(14) A standard requiring the inclusion, on or after July 1,
1987, of a current department of job and family services toll-free
telephone number on each type A home provisional license or
license which any person may use to report a suspected violation
by the type A home of this chapter or rules adopted pursuant to
this chapter;
(15) Requirements for the training of administrators and
child-care staff members in first aid, in prevention, recognition,
and management of communicable diseases, and in child abuse
recognition and prevention;
(16) Standards providing for the special needs of children
who are handicapped or who require treatment for health conditions
while the child is receiving child care or publicly funded child
care in the type A home;
(17) Standards for the maximum number of children per
child-care staff member;
(18) Requirements for the amount of usable indoor floor space
for each child;
(19) Requirements for safe outdoor play space;
(20) Qualifications and training requirements for
administrators and for child-care staff members;
(21) Procedures for granting a parent who is the residential
parent and legal custodian, or a custodian or guardian access to
the type A home during its hours of operation;
(22) Standards for the preparation and distribution of a
roster of parents, custodians, and guardians;
(23) Any other procedures and standards necessary to carry
out this chapter.
(G) The director of job and family services shall adopt rules
pursuant to Chapter 119. of the Revised Code governing the
certification of type B family day-care homes.
(1) The rules shall include all of the following:
(a) Procedures, standards, and other necessary provisions for
granting limited certification to type B family day-care homes
that are operated by the following adult providers:
(i) Persons who provide child care for eligible children who
are great-grandchildren, grandchildren, nieces, nephews, or
siblings of the provider or for eligible children whose caretaker
parent is a grandchild, child, niece, nephew, or sibling of the
provider;
(ii) Persons who provide child care for eligible children all
of whom are the children of the same caretaker parent;
(b) Procedures for the director to ensure, that type B homes
that receive a limited certification provide child care to
children in a safe and sanitary manner;
(c) Requirements for the type B home to notify parents with
children in the type B home that the type B home is also certified
as a foster home under section 5103.03 of the Revised Code.
With regard to providers who apply for limited certification,
a provider shall be granted a provisional limited certification on
signing a declaration under oath attesting that the provider meets
the standards for limited certification. Such provisional limited
certifications shall remain in effect for no more than sixty
calendar days and shall entitle the provider to offer publicly
funded child care during the provisional period. Except as
otherwise provided in division (G)(1) of this section, section
5104.013 or 5104.09 of the Revised Code, or division (A)(2) of
section 5104.11 of the Revised Code, prior to the expiration of
the provisional limited certificate, a county department of job
and family services shall inspect the home and shall grant limited
certification to the provider if the provider meets the
requirements of this division. Limited certificates remain valid
for two years unless earlier revoked. Except as otherwise provided
in division (G)(1) of this section, providers operating under
limited certification shall be inspected annually.
If a provider is a person described in division (G)(1)(a)(i)
of this section or a person described in division (G)(1)(a)(ii) of
this section who is a friend of the caretaker parent, the provider
and the caretaker parent may verify in writing to the county
department of job and family services that minimum health and
safety requirements are being met in the home. Except as otherwise
provided in section 5104.013 or 5104.09 or in division (A)(2) of
section 5104.11 of the Revised Code, if such verification is
provided, the county shall waive any inspection required by this
chapter and grant limited certification to the provider.
(2) The rules shall provide for safeguarding the health,
safety, and welfare of children receiving child care or publicly
funded child care in a certified type B home and shall include the
following:
(a) Standards for ensuring that the type B home and the
physical surroundings of the type B home are safe and sanitary,
including, but not limited to, physical environment, physical
plant, and equipment;
(b) Standards for the supervision, care, and discipline of
children receiving child care or publicly funded child care in the
home;
(c) Standards for a program of activities, and for play
equipment, materials, and supplies to enhance the development of
each child; however, any educational curricula, philosophies, and
methodologies that are developmentally appropriate and that
enhance the social, emotional, intellectual, and physical
development of each child shall be permissible;
(d) Admission policies and procedures, health care, first aid
and emergency procedures, procedures for the care of sick
children, procedures for discipline and supervision of children,
nutritional standards, and procedures for screening children and
authorized providers, including, but not limited to, any necessary
physical examinations and immunizations;
(e) Methods of encouraging parental participation and
ensuring that the rights of children, parents, and authorized
providers are protected and the responsibilities of parents and
authorized providers are met;
(f) Standards for the safe transport of children when under
the care of authorized providers;
(g) Procedures for issuing, renewing, denying, refusing to
renew, or revoking certificates;
(h) Procedures for the inspection of type B homes that
require, at a minimum, that each type B home be inspected prior to
certification to ensure that the home is safe and sanitary;
(i) Procedures for record keeping and evaluation;
(j) Procedures for receiving, recording, and responding to
complaints;
(k) Standards providing for the special needs of children who
are handicapped or who receive treatment for health conditions
while the child is receiving child care or publicly funded child
care in the type B home;
(l) Requirements for the amount of usable indoor floor space
for each child;
(m) Requirements for safe outdoor play space;
(n) Qualification and training requirements for authorized
providers;
(o) Procedures for granting a parent who is the residential
parent and legal custodian, or a custodian or guardian access to
the type B home during its hours of operation;
(p) Requirements for the type B home to notify parents with
children in the type B home that the type B home is also certified
as a foster home under section 5103.03 of the Revised Code;
(q) Any other procedures and standards necessary to carry out
this chapter.
(H) The director shall adopt rules pursuant to Chapter 119.
of the Revised Code governing the certification of in-home aides.
The rules shall include procedures, standards, and other necessary
provisions for granting limited certification to in-home aides who
provide child care for eligible children who are
great-grandchildren, grandchildren, nieces, nephews, or siblings
of the in-home aide or for eligible children whose caretaker
parent is a grandchild, child, niece, nephew, or sibling of the
in-home aide. The rules shall require, and shall include
procedures for the director to ensure, that in-home aides that
receive a limited certification provide child care to children in
a safe and sanitary manner. The rules shall provide for
safeguarding the health, safety, and welfare of children receiving
publicly funded child care in their own home and shall include the
following:
(1) Standards for ensuring that the child's home and the
physical surroundings of the child's home are safe and sanitary,
including, but not limited to, physical environment, physical
plant, and equipment;
(2) Standards for the supervision, care, and discipline of
children receiving publicly funded child care in their own home;
(3) Standards for a program of activities, and for play
equipment, materials, and supplies to enhance the development of
each child; however, any educational curricula, philosophies, and
methodologies that are developmentally appropriate and that
enhance the social, emotional, intellectual, and physical
development of each child shall be permissible;
(4) Health care, first aid, and emergency procedures,
procedures for the care of sick children, procedures for
discipline and supervision of children, nutritional standards, and
procedures for screening children and in-home aides, including,
but not limited to, any necessary physical examinations and
immunizations;
(5) Methods of encouraging parental participation and
ensuring that the rights of children, parents, and in-home aides
are protected and the responsibilities of parents and in-home
aides are met;
(6) Standards for the safe transport of children when under
the care of in-home aides;
(7) Procedures for issuing, renewing, denying, refusing to
renew, or revoking certificates;
(8) Procedures for inspection of homes of children receiving
publicly funded child care in their own homes;
(9) Procedures for record keeping and evaluation;
(10) Procedures for receiving, recording, and responding to
complaints;
(11) Qualifications and training requirements for in-home
aides;
(12) Standards providing for the special needs of children
who are handicapped or who receive treatment for health conditions
while the child is receiving publicly funded child care in the
child's own home;
(13) Any other procedures and standards necessary to carry
out this chapter.
(I) To the extent that any rules adopted for the purposes of
this section require a health care professional to perform a
physical examination, the rules shall include as a health care
professional a physician assistant, a clinical nurse specialist, a
certified nurse practitioner, or a certified nurse-midwife.
(J)(1) The director of job and family services shall do all
of the following:
(a) Provide or make available in either paper or electronic
form to each licensee notice of proposed rules governing the
licensure of child day-care centers and type A homes;
(b) Give public notice of hearings regarding the rules to
each licensee at least thirty days prior to the date of the public
hearing, in accordance with section 119.03 of the Revised Code;
(c) At least thirty days before the effective date of a rule,
provide, in either paper or electronic form, a copy of the adopted
rule to each licensee.
(2) The director shall do all of the following:
(a) Send to each county director of job and family services a
notice of proposed rules governing the certification of type B
family homes and in-home aides that includes an internet web site
address where the proposed rules can be viewed;
(b) Give public notice of hearings regarding the proposed
rules not less than thirty days in advance;
(c) Provide to each county director of job and family
services an electronic copy of each adopted rule at least
forty-five days prior to the rule's effective date.
(3) The county director of job and family services shall
provide or make available in either paper or electronic form to
each authorized provider and in-home aide copies of proposed rules
and shall give public notice of hearings regarding the rules to
each authorized provider and in-home aide at least thirty days
prior to the date of the public hearing, in accordance with
section 119.03 of the Revised Code. At least thirty days before
the effective date of a rule, the county director of job and
family services shall provide, in either paper or electronic form,
copies of the adopted rule to each authorized provider and in-home
aide.
(4) Additional copies of proposed and adopted rules shall be
made available by the director of job and family services to the
public on request at no charge.
(5) The director of job and family services may adopt rules
pursuant to Chapter 119. of the Revised Code for imposing
sanctions on persons and entities that are licensed or certified
under this chapter. Sanctions may be imposed only for an action or
omission that constitutes a serious risk noncompliance. The
sanctions imposed shall be based on the scope and severity of the
violations.
The director shall make a dispute resolution process
available for the implementation of sanctions. The process may
include an opportunity for appeal pursuant to Chapter 119. of the
Revised Code.
(6) The director of job and family services shall adopt rules
pursuant to Chapter 119. of the Revised Code that establish
standards for the training of individuals whom any county
department of job and family services employs, with whom any
county department of job and family services contracts, or with
whom the director of job and family services contracts, to inspect
or investigate type B family day-care homes pursuant to section
5104.11 of the Revised Code. The department shall provide training
in accordance with those standards for individuals in the
categories described in this division.
(K) The director of job and family services shall review all
rules adopted pursuant to this chapter at least once every seven
years.
(L) Notwithstanding any provision of the Revised Code, the
director of job and family services shall not regulate in any way
under this chapter or rules adopted pursuant to this chapter,
instruction in religious or moral doctrines, beliefs, or values.
Sec. 5104.02. (A) The director of job and family services is
responsible for the licensing of child day-care centers and type A
family day-care homes. Each entity operating a head start program
shall meet the criteria for, and be licensed as, a child day-care
center. The director is responsible for the enforcement of this
chapter and of rules promulgated pursuant to this chapter.
No person, firm, organization, institution, or agency shall
operate, establish, manage, conduct, or maintain a child day-care
center or type A family day-care home without a license issued
under section 5104.03 of the Revised Code. The current license
shall be posted in a conspicuous place in the center or type A
home that is accessible to parents, custodians, or guardians and
employees of the center or type A home at all times when the
center or type A home is in operation.
(B) A person, firm, institution, organization, or agency
operating any of the following programs is exempt from the
requirements of this chapter:
(1) A program of child care that operates for two or less
consecutive weeks;
(2) Child care in places of worship during religious
activities during which children are cared for while at least one
parent, guardian, or custodian of each child is participating in
such activities and is readily available;
(3) Religious activities which do not provide child care;
(4) Supervised training, instruction, or activities of
children in specific areas, including, but not limited to: art;
drama; dance; music; gymnastics, swimming, or another athletic
skill or sport; computers; or an educational subject conducted on
an organized or periodic basis no more than one day a week and for
no more than six hours duration;
(5) Programs in which the director determines that at least
one parent, custodian, or guardian of each child is on the
premises of the facility offering child care and is readily
accessible at all times, except that child care provided on the
premises at which a parent, custodian, or guardian is employed
more than two and one-half hours a day shall be licensed in
accordance with division (A) of this section;
(6)(a) Programs that provide child care funded and regulated
or operated and regulated by state departments other than the
department of job and family services or the state board of
education when the director of job and family services has
determined that the rules governing the program are equivalent to
or exceed the rules promulgated pursuant to this chapter.
Notwithstanding any exemption from regulation under this
chapter, each state department shall submit to the director of job
and family services a copy of the rules that govern programs that
provide child care and are regulated or operated and regulated by
the department. Annually, each state department shall submit to
the director a report for each such program it regulates or
operates and regulates that includes the following information:
(i) The site location of the program;
(ii) The maximum number of infants, toddlers, preschool
preschool-age children, or school school-age children served by
the program at one time;
(iii) The number of adults providing child care for the
number of infants, toddlers, preschool preschool-age children, or
school school-age children;
(iv) Any changes in the rules made subsequent to the time
when the rules were initially submitted to the director.
The director shall maintain a record of the child care
information submitted by other state departments and shall provide
this information upon request to the general assembly or the
public.
(b) Child care programs conducted by boards of education or
by chartered nonpublic schools that are conducted in school
buildings and that provide child care to school school-age
children only shall be exempt from meeting or exceeding rules
promulgated pursuant to this chapter.
(7) Any preschool program or school child program, except a
head start program, that is subject to licensure by the department
of education under sections 3301.52 to 3301.59 of the Revised
Code.
(8) Any program providing child care that meets all of the
following requirements and, on October 20, 1987, was being
operated by a nonpublic school that holds a charter issued by the
state board of education for kindergarten only:
(a) The nonpublic school has given the notice to the state
board and the director of job and family services required by
Section 4 of Substitute House Bill No. 253 of the 117th general
assembly;
(b) The nonpublic school continues to be chartered by the
state board for kindergarten, or receives and continues to hold a
charter from the state board for kindergarten through grade five;
(c) The program is conducted in a school building;
(d) The program is operated in accordance with rules
promulgated by the state board under sections 3301.52 to 3301.57
of the Revised Code.
(9) A youth development program operated outside of school
hours by a community-based center to which all of the following
apply:
(a) The children enrolled in the program are under nineteen
years of age and enrolled in or eligible to be enrolled in a grade
of kindergarten or above.
(b) The program provides informal child care and at least two
of the following supervised activities: educational, recreational,
culturally enriching, social, and personal development activities.
(c) The program is eligible for participation in the child
and adult care food program as an outside-school-hours care center
pursuant to standards established under section 3313.813 of the
Revised Code.
(d) The community-based center operating the program is
exempt from federal income taxation pursuant to 26 U.S.C. 501(a)
and (c)(3).
Sec. 5104.031. (A) A child day-care center administrator
shall show the director of job and family services both of the
following:
(1) Evidence of at least high school graduation or
certification of high school equivalency by the state board of
education or the appropriate agency of another state;
(2) Evidence of having at least one of the following:
(a) An associate, bachelor's, master's, doctoral, or other
postgraduate degree in child development or early childhood
education, or in a related field approved by the director, from an
accredited college, university, or technical college;
(b) A license designated as appropriate for teaching in an
associate teaching position in a preschool setting issued by the
state board of education pursuant to section 3319.22 of the
Revised Code;
(c) Designation under the career pathways model as an early
childhood professional level three;
(d) Two years of experience working as a child-care staff
member in a licensed child care program, designation under the
career pathways model as an early childhood professional level
one, and, not later than one year after being named as
administrator, designation under the career pathways model as an
early childhood professional level two;
(e) Two years of experience working as a child-care staff
member in a licensed child care program and, except as provided in
division (B) of this section, at least four courses in child
development or early childhood education from an accredited
college, university, or technical college;
(f) Two years of experience working as a child-care staff
member in a licensed child care program and a child development
associate credential issued by the council for professional
recognition;
(g) Two years of training, including at least four courses in
child development or early childhood education from an accredited
college, university, or technical college;
(h) An infant and toddler or early childhood credential from
a program accredited by the Montessori accreditation council for
teacher education.
(B) A person who has two years of experience working as a
child-care staff member in a child day-care center and is promoted
to or designated as administrator of that center shall have one
year from the date of the promotion or designation to complete the
courses required by division (A)(1)(e) of this section.
Sec. 5104.032. (A) All child-care staff members of a child
day-care center shall be at least eighteen years of age, and shall
furnish the director of job and family services evidence of at
least high school graduation or certification of high school
equivalency by the state board of education or the appropriate
agency of another state or evidence of completion of a training
program approved by the department of job and family services or
state board of education, except as follows:
(B) A child-care staff member may be less than eighteen years
of age if the staff member is either of the following:
(1) A graduate of a two-year vocational child-care training
program approved by the state board of education;
(2) A student enrolled in the second year of a vocational
child-care training program approved by the state board of
education which leads to high school graduation, provided that the
student performs the student's duties in the child day-care center
under the continuous supervision of an experienced child-care
staff member, receives periodic supervision from the vocational
child-care training program teacher-coordinator in the student's
high school, and meets all other requirements of this chapter and
rules adopted pursuant to this chapter.
(C) A child-care staff member shall be exempt from the
educational requirements of division (A) of this section if the
staff member:
(1) Prior to January 1, 1972, was employed or designated by a
child day-care center and has been continuously employed since
either by the same child day-care center employer or at the same
child day-care center;
(2) Is a student enrolled in the second year of a vocational
child-care training program approved by the state board of
education which leads to high school graduation, provided that the
student performs the student's duties in the child day-care center
under the continuous supervision of an experienced child-care
staff member, receives periodic supervision from the vocational
child-care training program teacher-coordinator in the student's
high school, and meets all other requirements of this chapter and
rules adopted pursuant to this chapter;
(3) Is receiving or has completed the final year of
instruction at home as authorized under section 3321.04 of the
Revised Code or has graduated from a nonchartered, nonpublic
school in Ohio.
Sec. 5104.033. (A) Except as provided in division (B) of
this section, each child-care staff member of a child day-care
center annually shall complete fifteen hours of inservice training
that includes the following subjects until the staff member has
completed a total of forty-five hours of training:
(1) Child development or early childhood education;
(2) Child abuse recognition and prevention;
(4) Prevention, recognition, and management of communicable
diseases.
(B) A child-care staff member is exempt from the inservice
training requirements established by division (A) of this section
if the staff member furnishes one of the following to the director
of job and family services:
(1) Evidence of an associate or higher degree in child
development or early childhood education from an accredited
college, university, or technical college;
(2) A license designated for teaching in an associate
teaching position in a preschool setting issued by the state board
of education;
(3) Evidence of a child development associate credential;
(4) Evidence of an infant and toddler or early childhood
credential from a program accredited by the Montessori
accreditation council for teacher education.
(C) For purposes of this section, each hour of inservice
training shall consist of sixty minutes of training.
Sec. 5104.21. (A) The department of job and family services
shall register child day camps and enforce this section and
section 5104.22 of the Revised Code and the rules adopted pursuant
to those sections. No person, firm, organization, institution, or
agency shall operate a child day camp without annually registering
with the department.
(B) A person, firm, institution, organization, or agency
operating any of the following programs is exempt from the
provisions of this section and section 5104.22 of the Revised
Code:
(1) A child day camp that operates for two or less
consecutive weeks and for no more than a total of two weeks during
each calendar year;
(2) Supervised training, instruction, or activities of
children that is conducted on an organized or periodic basis no
more than one day a week and for no more than six hours' duration
and that is conducted in specific areas, including, but not
limited to, art; drama; dance; music; gymnastics, swimming, or
another athletic skill or sport; computers; or an educational
subject;
(3) Programs in which the department determines that at least
one parent, custodian, or guardian of each child attending or
participating in the child day camp is on the child day camp
activity site and is readily accessible at all times, except that
a child day camp on the premises of a parent's, custodian's, or
guardian's place of employment shall be registered in accordance
with division (A) of this section;
(4) Child day camps funded and regulated or operated and
regulated by any state department, other than the department of
job and family services, when the department of job and family
services has determined that the rules governing the child day
camp are equivalent to or exceed the rules adopted pursuant to
this section and section 5104.22 of the Revised Code.
(C) A person, firm, organization, institution, or agency
operating a child day camp that is exempt under division (B) of
this section from registering under division (A) of this section
may elect to register itself under division (A) of this section.
All requirements of this section and the rules adopted pursuant to
this section shall apply to any exempt child day camp that so
elects to register.
(D) The director of job and family services shall adopt
pursuant to Chapter 119. of the Revised Code rules prescribing the
registration form and establishing the procedure for the child day
camps to register. The form shall not be longer than one
typewritten page and shall state both of the following:
(1) That the child day camp administrator or the
administrator's representative agrees to provide the parents of
each school school-age child who attends or participates in that
child day camp with the telephone number of the county department
of health and the public children services agency of the county in
which the child day camp is located;
(2) That the child day camp administrator or the
administrator's representative agrees to permit a public children
services agency or the county department of health to review or
inspect the child day camp if a complaint is made to that
department or any other state department or public children
services agency against that child day camp.
(E) The department may charge a fee to register a child day
camp. The fee for each child day camp shall be twenty-five
dollars. No organization that operates, or owner of, child day
camps shall pay a fee that exceeds two hundred fifty dollars for
all of its child day camps.
(F) If a child day camp that is required to register under
this section fails to register with the department in accordance
with this section or the rules adopted pursuant to it or if a
child day camp that files a registration form under this section
knowingly provides false or misleading information on the
registration form, the department shall require the child day camp
to register or register correctly and to pay a registration fee
that equals three times the registration fee as set forth in
division (E) of this section.
(G) A child day camp administrator or the administrator's
representative shall provide the parents of each school school-age
child who attends or participates in that child day camp with the
telephone numbers of the county department of health and the
county public children services agency of the county in which the
child day camp is located and a statement that the parents may use
these telephone numbers to contact or otherwise contact the
departments or agency to make a complaint regarding the child day
camp.
Sec. 5104.30. (A) The department of job and family services
is hereby designated as the state agency responsible for
administration and coordination of federal and state funding for
publicly funded child care in this state. Publicly funded child
care shall be provided to the following:
(1) Recipients of transitional child care as provided under
section 5104.34 of the Revised Code;
(2) Participants in the Ohio works first program established
under Chapter 5107. of the Revised Code;
(3) Individuals who would be participating in the Ohio works
first program if not for a sanction under section 5107.16 of the
Revised Code and who continue to participate in a work activity,
developmental activity, or alternative work activity pursuant to
an assignment under section 5107.42 of the Revised Code;
(4) A family receiving publicly funded child care on October
1, 1997, until the family's income reaches one hundred fifty per
cent of the federal poverty line;
(5) Subject to available funds, other individuals determined
eligible in accordance with rules adopted under section 5104.38 of
the Revised Code.
The department shall apply to the United States department of
health and human services for authority to operate a coordinated
program for publicly funded child care, if the director of job and
family services determines that the application is necessary. For
purposes of this section, the department of job and family
services may enter into agreements with other state agencies that
are involved in regulation or funding of child care. The
department shall consider the special needs of migrant workers
when it administers and coordinates publicly funded child care and
shall develop appropriate procedures for accommodating the needs
of migrant workers for publicly funded child care.
(B) The department of job and family services shall
distribute state and federal funds for publicly funded child care,
including appropriations of state funds for publicly funded child
care and appropriations of federal funds available under the child
care block grant act, Title IV-A, and Title XX. The department may
use any state funds appropriated for publicly funded child care as
the state share required to match any federal funds appropriated
for publicly funded child care.
(C) In the use of federal funds available under the child
care block grant act, all of the following apply:
(1) The department may use the federal funds to hire staff to
prepare any rules required under this chapter and to administer
and coordinate federal and state funding for publicly funded child
care.
(2) Not more than five per cent of the aggregate amount of
the federal funds received for a fiscal year may be expended for
administrative costs.
(3) The department shall allocate and use at least four per
cent of the federal funds for the following:
(a) Activities designed to provide comprehensive consumer
education to parents and the public;
(b) Activities that increase parental choice;
(c) Activities, including child care resource and referral
services, designed to improve the quality, and increase the
supply, of child care;
(d) Establishing a voluntary child day-care center
quality-rating program tiered quality rating and improvement
system in which participation in the program may allow a child
day-care center providers to be eligible for grants, technical
assistance, training, or other assistance and become eligible for
unrestricted monetary awards for maintaining a quality rating.
(4) The department shall ensure that the federal funds will
be used only to supplement, and will not be used to supplant,
federal, state, and local funds available on the effective date of
the child care block grant act for publicly funded child care and
related programs. If authorized by rules adopted by the department
pursuant to section 5104.42 of the Revised Code, county
departments of job and family services may purchase child care
from funds obtained through any other means.
(D) The department shall encourage the development of
suitable child care throughout the state, especially in areas with
high concentrations of recipients of public assistance and
families with low incomes. The department shall encourage the
development of suitable child care designed to accommodate the
special needs of migrant workers. On request, the department,
through its employees or contracts with state or community child
care resource and referral service organizations, shall provide
consultation to groups and individuals interested in developing
child care. The department of job and family services may enter
into interagency agreements with the department of education, the
board of regents, the department of development, and other state
agencies and entities whenever the cooperative efforts of the
other state agencies and entities are necessary for the department
of job and family services to fulfill its duties and
responsibilities under this chapter.
The department shall develop and maintain a registry of
persons providing child care. The director shall adopt rules
pursuant to Chapter 119. of the Revised Code establishing
procedures and requirements for the registry's administration.
(E)(1) The director shall adopt rules in accordance with
Chapter 119. of the Revised Code establishing both of the
following:
(a) Reimbursement ceilings for providers of publicly funded
child care not later than the first day of July in each
odd-numbered year;
(b) A procedure for reimbursing and paying providers of
publicly funded child care.
(2) In establishing reimbursement ceilings under division
(E)(1)(a) of this section, the director shall do all of the
following:
(a) Use the information obtained under division (B)(3) of
section 5104.04 of the Revised Code;
(b) Establish an enhanced reimbursement ceiling for providers
who provide child care for caretaker parents who work
nontraditional hours;
(c) For a type B family day-care home provider that has
received limited certification pursuant to rules adopted under
division (G)(1) of section 5104.011 of the Revised Code, establish
a reimbursement ceiling that is the following:
(i) If the provider is a person described in division
(G)(1)(a)(i) of section 5104.011 of the Revised Code, seventy-five
per cent of the reimbursement ceiling that applies to a type B
family day-care home certified by the same county department of
job and family services pursuant to section 5104.11 of the Revised
Code;
(ii) If the provider is a person described in division
(G)(1)(a)(ii) of section 5104.011 of the Revised Code, sixty per
cent of the reimbursement ceiling that applies to a type B family
day-care home certified by the same county department pursuant to
section 5104.11 of the Revised Code.
(d) With regard to the voluntary child day-care center
quality-rating program tiered quality rating and improvement
system established pursuant to division (C)(3)(d) of this section,
do both of the following:
(i) Establish enhanced reimbursement ceilings for child
day-care centers providers that participate in the program system
and maintain quality ratings under the program system;
(ii) Weigh In the case of child day-care providers that have
been given access to the system by the department, weigh any
reduction in reimbursement ceilings more heavily against child
day-care centers those providers that do not participate in the
program system or do not maintain quality ratings under the
program system.
(3) In establishing reimbursement ceilings under division
(E)(1)(a) of this section, the director may establish different
reimbursement ceilings based on any of the following:
(a) Geographic location of the provider;
(b) Type of care provided;
(c) Age of the child served;
(d) Special needs of the child served;
(e) Whether the expanded hours of service are provided;
(f) Whether weekend service is provided;
(g) Whether the provider has exceeded the minimum
requirements of state statutes and rules governing child care;
(h) Any other factors the director considers appropriate.
(F) The director shall adopt rules in accordance with Chapter
119. of the Revised Code to implement the voluntary child day-care
center quality-rating program tiered quality rating and
improvement system described in division (C)(3)(d) of this
section.
Sec. 5104.31. (A) Publicly funded child care may be provided
only by the following:
(1) A child day-care center or type A family day-care home,
including a parent cooperative child day-care center or parent
cooperative type A family day-care home, licensed by the
department of job and family services pursuant to section 5104.03
of the Revised Code;
(2) A type B family day-care home certified by the county
department of job and family services pursuant to section 5104.11
of the Revised Code;
(3) A type B family day-care home that has received a limited
certification pursuant to rules adopted under division (G)(1) of
section 5104.011 of the Revised Code;
(4) An in-home aide who has been certified by the county
department of job and family services pursuant to section 5104.12
of the Revised Code;
(5) A child day camp approved pursuant to section 5104.22 of
the Revised Code;
(6) A licensed preschool program;
(7) A licensed school child program;
(8) A border state child care provider, except that a border
state child care provider may provide publicly funded child care
only to an individual who resides in an Ohio county that borders
the state in which the provider is located.
(B) Publicly funded child day-care may be provided in a
child's own home only by an in-home aide.
(C) Beginning July 1, 2020, publicly funded child care may be
provided only by a provider that is rated through the tiered
quality rating and improvement system established pursuant to
section 5104.30 of the Revised Code.
Sec. 5104.34. (A)(1) Each county department of job and
family services shall implement procedures for making
determinations of eligibility for publicly funded child care.
Under those procedures, the eligibility determination for each
applicant shall be made no later than thirty calendar days from
the date the county department receives a completed application
for publicly funded child care. Each applicant shall be notified
promptly of the results of the eligibility determination. An
applicant aggrieved by a decision or delay in making an
eligibility determination may appeal the decision or delay to the
department of job and family services in accordance with section
5101.35 of the Revised Code. The due process rights of applicants
shall be protected.
To the extent permitted by federal law, the county department
may make all determinations of eligibility for publicly funded
child care, may contract with child care providers or child care
resource and referral service organizations for the providers or
resource and referral service organizations to make all or any
part of the determinations, and may contract with child care
providers or child care resource and referral service
organizations for the providers or resource and referral service
organizations to collect specified information for use by the
county department in making determinations. If a county department
contracts with a child care provider or a child care resource and
referral service organization for eligibility determinations or
for the collection of information, the contract shall require the
provider or resource and referral service organization to make
each eligibility determination no later than thirty calendar days
from the date the provider or resource and referral organization
receives a completed application that is the basis of the
determination and to collect and transmit all necessary
information to the county department within a period of time that
enables the county department to make each eligibility
determination no later than thirty days after the filing of the
application that is the basis of the determination.
The county department may station employees of the department
in various locations throughout the county to collect information
relevant to applications for publicly funded child care and to
make eligibility determinations. The county department, child care
provider, and child care resource and referral service
organization shall make each determination of eligibility for
publicly funded child care no later than thirty days after the
filing of the application that is the basis of the determination,
shall make each determination in accordance with any relevant
rules adopted pursuant to section 5104.38 of the Revised Code, and
shall notify promptly each applicant for publicly funded child
care of the results of the determination of the applicant's
eligibility.
The director of job and family services shall adopt rules in
accordance with Chapter 119. of the Revised Code for monitoring
the eligibility determination process. In accordance with those
rules, the state department shall monitor eligibility
determinations made by county departments of job and family
services and shall direct any entity that is not in compliance
with this division or any rule adopted under this division to
implement corrective action specified by the department.
(2) All eligibility determinations for publicly funded child
care shall be made in accordance with rules adopted pursuant to
division (A) of section 5104.38 of the Revised Code and, if a
county department of job and family services specifies, pursuant
to rules adopted under division (B) of that section, a maximum
amount of income a family may have to be eligible for publicly
funded child care, the income maximum specified by the county
department. Publicly funded child care may be provided only to
eligible infants, toddlers, preschool preschool-age children, and
school school-age children under age thirteen. For an applicant to
be eligible for publicly funded child care, the caretaker parent
must be employed or participating in a program of education or
training for an amount of time reasonably related to the time that
the parent's children are receiving publicly funded child care.
This restriction does not apply to families whose children are
eligible for protective child care.
Subject to available funds, a county department of job and
family services shall allow a family to receive publicly funded
child care unless the family's income exceeds the maximum income
eligibility limit. Initial and continued eligibility for publicly
funded child care is subject to available funds unless the family
is receiving child care pursuant to division (A)(1), (2), (3), or
(4) of section 5104.30 of the Revised Code. If the county
department must limit eligibility due to lack of available funds,
it shall give first priority for publicly funded child care to an
assistance group whose income is not more than the maximum income
eligibility limit that received transitional child care in the
previous month but is no longer eligible because the twelve-month
period has expired. Such an assistance group shall continue to
receive priority for publicly funded child care until its income
exceeds the maximum income eligibility limit.
(3) An assistance group that ceases to participate in the
Ohio works first program established under Chapter 5107. of the
Revised Code is eligible for transitional child care at any time
during the immediately following twelve-month period that both of
the following apply:
(a) The assistance group requires child care due to
employment;
(b) The assistance group's income is not more than one
hundred fifty per cent of the federal poverty line.
An assistance group ineligible to participate in the Ohio
works first program pursuant to section 5101.83 or section 5107.16
of the Revised Code is not eligible for transitional child care.
(B) To the extent permitted by federal law, a county
department of job and family services may require a caretaker
parent determined to be eligible for publicly funded child care to
pay a fee according to the schedule of fees established in rules
adopted under section 5104.38 of the Revised Code. Each county
department shall make protective child care services available to
children without regard to the income or assets of the caretaker
parent of the child.
(C) A caretaker parent receiving publicly funded child care
shall report to the entity that determined eligibility any changes
in status with respect to employment or participation in a program
of education or training not later than ten calendar days after
the change occurs.
(D) If a county department of job and family services
determines that available resources are not sufficient to provide
publicly funded child care to all eligible families who request
it, the county department may establish a waiting list. A county
department may establish separate waiting lists within the waiting
list based on income. When resources become available to provide
publicly funded child care to families on the waiting list, a
county department that establishes a waiting list shall assess the
needs of the next family scheduled to receive publicly funded
child care. If the assessment demonstrates that the family
continues to need and is eligible for publicly funded child care,
the county department shall offer it to the family. If the county
department determines that the family is no longer eligible or no
longer needs publicly funded child care, the county department
shall remove the family from the waiting list.
(E) A caretaker parent shall not receive full-time publicly
funded child care from more than one child care provider per child
during any period.
(F) As used in this section, "maximum income eligibility
limit" means the amount of income specified in rules adopted under
division (A) of section 5104.38 of the Revised Code or, if a
county department of job and family services specifies a higher
amount pursuant to rules adopted under division (B) of that
section, the amount the county department specifies.
Sec. 5104.38. In addition to any other rules adopted under
this chapter, the director of job and family services shall adopt
rules in accordance with Chapter 119. of the Revised Code
governing financial and administrative requirements for publicly
funded child care and establishing all of the following:
(A) Procedures and criteria to be used in making
determinations of eligibility for publicly funded child care that
give priority to children of families with lower incomes and
procedures and criteria for eligibility for publicly funded
protective child care. The rules shall specify the maximum amount
of income a family may have for initial and continued eligibility.
The maximum amount shall not exceed two hundred per cent of the
federal poverty line. The rules may specify exceptions to the
eligibility requirements in the case of a family that previously
received publicly funded child care and is seeking to have the
child care reinstated after the family's eligibility was
terminated.
(B) Procedures under which a county department of job and
family services may, if the department, under division (A) of this
section, specifies a maximum amount of income a family may have
for eligibility for publicly funded child care that is less than
the maximum amount specified in that division, specify a maximum
amount of income a family residing in the county the county
department serves may have for initial and continued eligibility
for publicly funded child care that is higher than the amount
specified by the department but does not exceed the maximum amount
specified in division (A) of this section;
(C) A schedule of fees requiring all eligible caretaker
parents to pay a fee for publicly funded child care according to
income and family size, which shall be uniform for all types of
publicly funded child care, except as authorized by rule, and, to
the extent permitted by federal law, shall permit the use of state
and federal funds to pay the customary deposits and other advance
payments that a provider charges all children who receive child
care from that provider. The schedule of fees may not provide for
a caretaker parent to pay a fee that exceeds ten per cent of the
parent's family income.
(D) A formula for determining the amount of state and federal
funds appropriated for publicly funded child care that may be
allocated to a county department to use for administrative
purposes;
(E) Procedures to be followed by the department and county
departments in recruiting individuals and groups to become
providers of child care;
(F) Procedures to be followed in establishing state or local
programs designed to assist individuals who are eligible for
publicly funded child care in identifying the resources available
to them and to refer the individuals to appropriate sources to
obtain child care;
(G) Procedures to deal with fraud and abuse committed by
either recipients or providers of publicly funded child care;
(H) Procedures for establishing a child care grant or loan
program in accordance with the child care block grant act;
(I) Standards and procedures for applicants to apply for
grants and loans, and for the department to make grants and loans;
(J) A definition of "person who stands in loco parentis" for
the purposes of division (JJ)(KK)(1) of section 5104.01 of the
Revised Code;
(K) Procedures for a county department of job and family
services to follow in making eligibility determinations and
redeterminations for publicly funded child care available through
telephone, computer, and other means at locations other than the
county department;
(L) If the director establishes a different reimbursement
ceiling under division (E)(3)(d) of section 5104.30 of the Revised
Code, standards and procedures for determining the amount of the
higher payment that is to be issued to a child care provider based
on the special needs of the child being served;
(M) To the extent permitted by federal law, procedures for
paying for up to thirty days of child care for a child whose
caretaker parent is seeking employment, taking part in employment
orientation activities, or taking part in activities in
anticipation of enrolling in or attending an education or training
program or activity, if the employment or the education or
training program or activity is expected to begin within the
thirty-day period;
(N) Any other rules necessary to carry out sections 5104.30
to 5104.43 of the Revised Code.
Sec. 5123.022. It is hereby declared to be the policy of this
state that employment services for individuals with developmental
disabilities be directed at placement whenever possible of each
individual in a position in the community in which the individual
is integrated with the employer's other workers who are not
developmentally disabled. The departments of developmental
disabilities, education, job and family services, and mental
health; the rehabilitation services commission; and each other
state agency that provides employment services to individuals with
developmental disabilities shall implement this policy and ensure
that it is followed whenever employment services are provided to
individuals with developmental disabilities.
The department of developmental disabilities shall coordinate
the actions taken by state agencies to comply with the state's
policy. Agencies shall collaborate within their divisions and with
each other to ensure that state programs, policies, procedures,
and funding support competitive and integrated employment of
individuals with developmental disabilities. State agencies shall
share information with the department, and the department shall
track progress toward full implementation of the policy. The
department, in coordination with any task force established by the
governor, shall compile data and annually submit to the governor a
report on implementation of the policy.
The department and state agencies may adopt rules to
implement the policy.
The policy articulated in this section is intended to promote
the right of each individual with a developmental disability to
informed choice; however, nothing in this section requires any
employer to give preference in hiring to an individual because the
individual has a disability.
Sec. 5126.0222. As used in this section, "specialized
services" has the same meaning as in section 5123.081 of the
Revised Code.
Notwithstanding any provision of the Revised Code to the
contrary, including applicable provisions of sections 102.03,
102.04, 2921.42, and 2921.43 of the Revised Code, an employee of a
county board of developmental disabilities also may be a member of
the governing board of a political subdivision, including the
board of education of a school district, or an agency that does
not provide specialized services. The county board may contract
with such a governing board even though the governing board
includes an individual who is an employee of the county board.
That member of the governing board may not vote on any matter
before the governing board concerning a contract with the county
board or participate in any discussion or debate regarding such a
contract.
Sec. 5709.83. (A) Except as otherwise provided in division
(B) or (C) of this section, prior to taking formal action to adopt
or enter into any instrument granting a tax exemption under
section 725.02, 1728.06, 5709.40, 5709.41, 5709.62, 5709.63,
5709.632, 5709.73, 5709.78, 5709.84, or 5709.88 of the Revised
Code or formally approving an agreement under section 3735.671 of
the Revised Code, or prior to forwarding an application for a tax
exemption for residential property under section 3735.67 of the
Revised Code to the county auditor, the legislative authority of
the political subdivision or housing officer shall notify the
board of education of each city, local, exempted village, or joint
vocational school district in which the proposed tax-exempted
property is located. The notice shall include a copy of the
instrument or application. The notice shall be delivered not later
than fourteen days prior to the day the legislative authority
takes formal action to adopt or enter into the instrument, or not
later than fourteen days prior to the day the housing officer
forwards the application to the county auditor. If the board of
education comments on the instrument or application to the
legislative authority or housing officer, the legislative
authority or housing officer shall consider the comments. If the
board of education of the city, local, exempted village, or joint
vocational school district so requests, the legislative authority
or the housing officer shall meet in person with a representative
designated by the board of education to discuss the terms of the
instrument or application.
(B) The notice otherwise required to be provided to boards of
education under division (A) of this section is not required if
the board has adopted a resolution waiving its right to receive
such notices, and that resolution remains in effect. If a board of
education adopts such a resolution, the board shall cause a copy
of the resolution to be certified to the legislative authority. If
the board of education rescinds such a resolution, it shall
certify notice of the rescission to the legislative authority. A
board of education may adopt such a resolution with respect to any
one or more counties, townships, or municipal corporations
situated in whole or in part within the school district.
(C) If a legislative authority is required to provide notice
to a city, local, or exempted village school district of its
intent to grant such an exemption as required by section 5709.40,
5709.41, 5709.73, or 5709.78 of the Revised Code, the legislative
authority, before adopting a resolution or ordinance under that
section, shall notify the board of education of each joint
vocational school district in which the property to be exempted is
located using the same time requirements for the notice that
applies to notices to city, local, and exempted village school
districts. The notice shall be delivered not later than forty-five
days before the day the legislative authority adopts a resolution
or ordinance under any of those sections. The content of the
notice and procedures for responding to the notice are the same as
required in division (A) of this section.
Sec. 5751.20. (A) As used in sections 5751.20 to 5751.22 of
the Revised Code:
(1) "School district," "joint vocational school district,"
"local taxing unit," "recognized valuation," "fixed-rate levy,"
and "fixed-sum levy" have the same meanings as used in section
5727.84 of the Revised Code.
(2) "State education aid" for a school district means the
following:
(a) For fiscal years prior to fiscal year 2010, the sum of
state aid amounts computed for the district under the following
provisions, as they existed for the applicable fiscal year:
division (A) of section 3317.022 of the Revised Code, including
the amounts calculated under sections 3317.029 and 3317.0217 of
the Revised Code; divisions (C)(1), (C)(4), (D), (E), and (F) of
section 3317.022; divisions (B), (C), and (D) of section 3317.023;
divisions (L) and (N) of section 3317.024; section 3317.0216; and
any unit payments for gifted student services paid under sections
3317.05, 3317.052, and 3317.053 of the Revised Code; except that,
for fiscal years 2008 and 2009, the amount computed for the
district under Section 269.20.80 of H.B. 119 of the 127th general
assembly and as that section subsequently may be amended shall be
substituted for the amount computed under division (D) of section
3317.022 of the Revised Code, and the amount computed under
Section 269.30.80 of H.B. 119 of the 127th general assembly and as
that section subsequently may be amended shall be included.
(b) For fiscal years 2010 and 2011, the sum of the amounts
computed under former sections 3306.052, 3306.12, 3306.13,
3306.19, 3306.191, and 3306.192 of the Revised Code;
(c) For fiscal years 2012 and 2013, the amount sum of the
amounts paid in accordance with the section under Sections
267.30.50, 267.30.53, and 267.30.56 of H.B. 153 of the 129th
general assembly entitled "FUNDING FOR CITY, EXEMPTED VILLAGE, AND
LOCAL SCHOOL DISTRICTS."
(3) "State education aid" for a joint vocational school
district means the following:
(a) For fiscal years prior to fiscal year 2010, the sum of
the state aid computed for the district under division (N) of
section 3317.024 and section 3317.16 of the Revised Code, except
that, for fiscal years 2008 and 2009, the amount computed under
Section 269.30.80 of H.B. 119 of the 127th general assembly and as
that section subsequently may be amended shall be included.
(b) For fiscal years 2010 and 2011, the amount paid in
accordance with the section Section 265.30.50 of H.B. 1 of the
128th general assembly entitled "FUNDING FOR JOINT VOCATIONAL
SCHOOL DISTRICTS."
(c) For fiscal years 2012 and 2013, the amount paid in
accordance with the section Section 267.30.60 of H.B. 153 of the
129th general assembly entitled "FUNDING FOR JOINT VOCATIONAL
SCHOOL DISTRICTS."
(4) "State education aid offset" means the amount determined
for each school district or joint vocational school district under
division (A)(1) of section 5751.21 of the Revised Code.
(5) "Machinery and equipment property tax value loss" means
the amount determined under division (C)(1) of this section.
(6) "Inventory property tax value loss" means the amount
determined under division (C)(2) of this section.
(7) "Furniture and fixtures property tax value loss" means
the amount determined under division (C)(3) of this section.
(8) "Machinery and equipment fixed-rate levy loss" means the
amount determined under division (D)(1) of this section.
(9) "Inventory fixed-rate levy loss" means the amount
determined under division (D)(2) of this section.
(10) "Furniture and fixtures fixed-rate levy loss" means the
amount determined under division (D)(3) of this section.
(11) "Total fixed-rate levy loss" means the sum of the
machinery and equipment fixed-rate levy loss, the inventory
fixed-rate levy loss, the furniture and fixtures fixed-rate levy
loss, and the telephone company fixed-rate levy loss.
(12) "Fixed-sum levy loss" means the amount determined under
division (E) of this section.
(13) "Machinery and equipment" means personal property
subject to the assessment rate specified in division (F) of
section 5711.22 of the Revised Code.
(14) "Inventory" means personal property subject to the
assessment rate specified in division (E) of section 5711.22 of
the Revised Code.
(15) "Furniture and fixtures" means personal property subject
to the assessment rate specified in division (G) of section
5711.22 of the Revised Code.
(16) "Qualifying levies" are levies in effect for tax year
2004 or applicable to tax year 2005 or approved at an election
conducted before September 1, 2005. For the purpose of determining
the rate of a qualifying levy authorized by section 5705.212 or
5705.213 of the Revised Code, the rate shall be the rate that
would be in effect for tax year 2010.
(17) "Telephone property" means tangible personal property of
a telephone, telegraph, or interexchange telecommunications
company subject to an assessment rate specified in section
5727.111 of the Revised Code in tax year 2004.
(18) "Telephone property tax value loss" means the amount
determined under division (C)(4) of this section.
(19) "Telephone property fixed-rate levy loss" means the
amount determined under division (D)(4) of this section.
(20) "Taxes charged and payable" means taxes charged and
payable after the reduction required by section 319.301 of the
Revised Code but before the reductions required by sections
319.302 and 323.152 of the Revised Code.
(21) "Median estate tax collections" means, in the case of a
municipal corporation to which revenue from the taxes levied in
Chapter 5731. of the Revised Code was distributed in each of
calendar years 2006, 2007, 2008, and 2009, the median of those
distributions. In the case of a municipal corporation to which no
distributions were made in one or more of those years, "median
estate tax collections" means zero.
(22) "Total resources," in the case of a school district,
means the sum of the amounts in divisions (A)(22)(a) to (h) of
this section less any reduction required under division (A)(32) of
this section.
(a) The state education aid for fiscal year 2010;
(b) The sum of the payments received by the school district
in fiscal year 2010 for current expense levy losses pursuant to
division (C)(2) of section 5727.85 and divisions (C)(8) and (9) of
section 5751.21 of the Revised Code, excluding the portion of such
payments attributable to levies for joint vocational school
district purposes;
(c) The sum of fixed-sum levy loss payments received by the
school district in fiscal year 2010 pursuant to division (E)(1) of
section 5727.85 and division (E)(1) of section 5751.21 of the
Revised Code for fixed-sum levies imposed for a purpose other than
paying debt charges;
(d) Fifty per cent of the school district's taxes charged and
payable against all property on the tax list of real and public
utility property for current expense purposes for tax year 2008,
including taxes charged and payable from emergency levies imposed
under section 5709.194 of the Revised Code and excluding taxes
levied for joint vocational school district purposes;
(e) Fifty per cent of the school district's taxes charged and
payable against all property on the tax list of real and public
utility property for current expenses for tax year 2009, including
taxes charged and payable from emergency levies and excluding
taxes levied for joint vocational school district purposes;
(f) The school district's taxes charged and payable against
all property on the general tax list of personal property for
current expenses for tax year 2009, including taxes charged and
payable from emergency levies;
(g) The amount certified for fiscal year 2010 under division
(A)(2) of section 3317.08 of the Revised Code;
(h) Distributions received during calendar year 2009 from
taxes levied under section 718.09 of the Revised Code.
(23) "Total resources," in the case of a joint vocational
school district, means the sum of amounts in divisions (A)(23)(a)
to (g) of this section less any reduction required under division
(A)(32) of this section.
(a) The state education aid for fiscal year 2010;
(b) The sum of the payments received by the joint vocational
school district in fiscal year 2010 for current expense levy
losses pursuant to division (C)(2) of section 5727.85 and
divisions (C)(8) and (9) of section 5751.21 of the Revised Code;
(c) Fifty per cent of the joint vocational school district's
taxes charged and payable against all property on the tax list of
real and public utility property for current expense purposes for
tax year 2008;
(d) Fifty per cent of the joint vocational school district's
taxes charged and payable against all property on the tax list of
real and public utility property for current expenses for tax year
2009;
(e) Fifty per cent of a city, local, or exempted village
school district's taxes charged and payable against all property
on the tax list of real and public utility property for current
expenses of the joint vocational school district for tax year
2008;
(f) Fifty per cent of a city, local, or exempted village
school district's taxes charged and payable against all property
on the tax list of real and public utility property for current
expenses of the joint vocational school district for tax year
2009;
(g) The joint vocational school district's taxes charged and
payable against all property on the general tax list of personal
property for current expenses for tax year 2009.
(24) "Total resources," in the case of county mental health
and disability related functions, means the sum of the amounts in
divisions (A)(24)(a) and (b) of this section less any reduction
required under division (A)(32) of this section.
(a) The sum of the payments received by the county for mental
health and developmental disability related functions in calendar
year 2010 under division (A)(1) of section 5727.86 and division
divisions (A)(1) and (2) of section 5751.22 of the Revised Code as
they existed at that time;
(b) With respect to taxes levied by the county for mental
health and developmental disability related purposes, the taxes
charged and payable for such purposes against all property on the
tax list of real and public utility property for tax year 2009.
(25) "Total resources," in the case of county senior services
related functions, means the sum of the amounts in divisions
(A)(25)(a) and (b) of this section less any reduction required
under division (A)(32) of this section.
(a) The sum of the payments received by the county for senior
services related functions in calendar year 2010 under division
(A)(1) of section 5727.86 and divisions (A)(1) and (2) of section
5751.22 of the Revised Code as they existed at that time;
(b) With respect to taxes levied by the county for senior
services related purposes, the taxes charged and payable for such
purposes against all property on the tax list of real and public
utility property for tax year 2009.
(26) "Total resources," in the case of county children's
services related functions, means the sum of the amounts in
divisions (A)(26)(a) and (b) of this section less any reduction
required under division (A)(32) of this section.
(a) The sum of the payments received by the county for
children's services related functions in calendar year 2010 under
division (A)(1) of section 5727.86 and divisions (A)(1) and (2) of
section 5751.22 of the Revised Code as they existed at that time;
(b) With respect to taxes levied by the county for children's
services related purposes, the taxes charged and payable for such
purposes against all property on the tax list of real and public
utility property for tax year 2009.
(27) "Total resources," in the case of county public health
related functions, means the sum of the amounts in divisions
(A)(27)(a) and (b) of this section less any reduction required
under division (A)(32) of this section.
(a) The sum of the payments received by the county for public
health related functions in calendar year 2010 under division
(A)(1) of section 5727.86 and divisions (A)(1) and (2) of section
5751.22 of the Revised Code as they existed at that time;
(b) With respect to taxes levied by the county for public
health related purposes, the taxes charged and payable for such
purposes against all property on the tax list of real and public
utility property for tax year 2009.
(28) "Total resources," in the case of all county functions
not included in divisions (A)(24) to (27) of this section, means
the sum of the amounts in divisions (A)(28)(a) to (d) of this
section less any reduction required under division (A)(32) of this
section.
(a) The sum of the payments received by the county for all
other purposes in calendar year 2010 under division (A)(1) of
section 5727.86 and divisions (A)(1) and (2) of section 5751.22 of
the Revised Code as they existed at that time;
(b) The county's percentage share of county undivided local
government fund allocations as certified to the tax commissioner
for calendar year 2010 by the county auditor under division (J) of
section 5747.51 of the Revised Code or division (F) of section
5747.53 of the Revised Code multiplied by the total amount
actually distributed in calendar year 2010 from the county
undivided local government fund;
(c) With respect to taxes levied by the county for all other
purposes, the taxes charged and payable for such purposes against
all property on the tax list of real and public utility property
for tax year 2009, excluding taxes charged and payable for the
purpose of paying debt charges;
(d) The sum of the amounts distributed to the county in
calendar year 2010 for the taxes levied pursuant to sections
5739.021 and 5741.021 of the Revised Code.
(29) "Total resources," in the case of a municipal
corporation, means the sum of the amounts in divisions (A)(29)(a)
to (g) of this section less any reduction required under division
(A)(32) of this section.
(a) The sum of the payments received by the municipal
corporation in calendar year 2010 under division (A)(1) of section
5727.86 and divisions (A)(1) and (2) of section 5751.22 of the
Revised Code as they existed at that time;
(b) The municipal corporation's percentage share of county
undivided local government fund allocations as certified to the
tax commissioner for calendar year 2010 by the county auditor
under division (J) of section 5747.51 of the Revised Code or
division (F) of section 5747.53 of the Revised Code multiplied by
the total amount actually distributed in calendar year 2010 from
the county undivided local government fund;
(c) The sum of the amounts distributed to the municipal
corporation in calendar year 2010 pursuant to section 5747.50 of
the Revised Code;
(d) With respect to taxes levied by the municipal
corporation, the taxes charged and payable against all property on
the tax list of real and public utility property for current
expenses, defined in division (A)(33) of this section, for tax
year 2009;
(e) The amount of admissions tax collected by the municipal
corporation in calendar year 2008, or if such information has not
yet been reported to the tax commissioner, in the most recent year
before 2008 for which the municipal corporation has reported data
to the commissioner;
(f) The amount of income taxes collected by the municipal
corporation in calendar year 2008, or if such information has not
yet been reported to the tax commissioner, in the most recent year
before 2008 for which the municipal corporation has reported data
to the commissioner;
(g) The municipal corporation's median estate tax
collections.
(30) "Total resources," in the case of a township, means the
sum of the amounts in divisions (A)(30)(a) to (c) of this section
less any reduction required under division (A)(32) of this
section.
(a) The sum of the payments received by the township in
calendar year 2010 pursuant to division (A)(1) of section 5727.86
of the Revised Code and divisions (A)(1) and (2) of section
5751.22 of the Revised Code as they existed at that time,
excluding payments received for debt purposes;
(b) The township's percentage share of county undivided local
government fund allocations as certified to the tax commissioner
for calendar year 2010 by the county auditor under division (J) of
section 5747.51 of the Revised Code or division (F) of section
5747.53 of the Revised Code multiplied by the total amount
actually distributed in calendar year 2010 from the county
undivided local government fund;
(c) With respect to taxes levied by the township, the taxes
charged and payable against all property on the tax list of real
and public utility property for tax year 2009 excluding taxes
charged and payable for the purpose of paying debt charges.
(31) "Total resources," in the case of a local taxing unit
that is not a county, municipal corporation, or township, means
the sum of the amounts in divisions (A)(31)(a) to (e) of this
section less any reduction required under division (A)(32) of this
section.
(a) The sum of the payments received by the local taxing unit
in calendar year 2010 pursuant to division (A)(1) of section
5727.86 of the Revised Code and divisions (A)(1) and (2) of
section 5751.22 of the Revised Code as they existed at that time;
(b) The local taxing unit's percentage share of county
undivided local government fund allocations as certified to the
tax commissioner for calendar year 2010 by the county auditor
under division (J) of section 5747.51 of the Revised Code or
division (F) of section 5747.53 of the Revised Code multiplied by
the total amount actually distributed in calendar year 2010 from
the county undivided local government fund;
(c) With respect to taxes levied by the local taxing unit,
the taxes charged and payable against all property on the tax list
of real and public utility property for tax year 2009 excluding
taxes charged and payable for the purpose of paying debt charges;
(d) The amount received from the tax commissioner during
calendar year 2010 for sales or use taxes authorized under
sections 5739.023 and 5741.022 of the Revised Code;
(e) For institutions of higher education receiving tax
revenue from a local levy, as identified in section 3358.02 of the
Revised Code, the final state share of instruction allocation for
fiscal year 2010 as calculated by the board of regents and
reported to the state controlling board.
(32) If a fixed-rate levy that is a qualifying levy is not
imposed in any year after tax year 2010, "total resources" used to
compute payments to be made under division (C)(12) of section
5751.21 or division (A)(1)(b) or (c) of section 5751.22 of the
Revised Code in the tax years following the last year the levy is
imposed shall be reduced by the amount of payments attributable to
the fixed-rate levy loss of that levy as would be computed under
division (C)(2) of section 5727.85, division (A)(1) of section
5727.85, divisions (C)(8) and (9) of section 5751.21, or division
(A)(1) of section 5751.22 of the Revised Code.
(33) "Municipal current expense property tax levies" means
all property tax levies of a municipality, except those with the
following levy names: airport resurfacing; bond or any levy name
including the word "bond"; capital improvement or any levy name
including the word "capital"; debt or any levy name including the
word "debt"; equipment or any levy name including the word
"equipment," unless the levy is for combined operating and
equipment; employee termination fund; fire pension or any levy
containing the word "pension," including police pensions;
fireman's fund or any practically similar name; sinking fund; road
improvements or any levy containing the word "road"; fire truck or
apparatus; flood or any levy containing the word "flood";
conservancy district; county health; note retirement; sewage, or
any levy containing the words "sewage" or "sewer"; park
improvement; parkland acquisition; storm drain; street or any levy
name containing the word "street"; lighting, or any levy name
containing the word "lighting"; and water.
(34) "Current expense TPP allocation" means, in the case of a
school district or joint vocational school district, the sum of
the payments received by the school district in fiscal year 2011
pursuant to divisions (C)(10) and (11) of section 5751.21 of the
Revised Code to the extent paid for current expense levies. In the
case of a municipal corporation, "current expense TPP allocation"
means the sum of the payments received by the municipal
corporation in calendar year 2010 pursuant to divisions (A)(1) and
(2) of section 5751.22 of the Revised Code to the extent paid for
municipal current expense property tax levies as defined in
division (A)(33) of this section. If a fixed-rate levy that is a
qualifying levy is not imposed in any year after tax year 2010,
"current expense TPP allocation" used to compute payments to be
made under division (C)(12) of section 5751.21 or division
(A)(1)(b) or (c) of section 5751.22 of the Revised Code in the tax
years following the last year the levy is imposed shall be reduced
by the amount of payments attributable to the fixed-rate levy loss
of that levy as would be computed under divisions (C)(10) and (11)
of section 5751.21 or division (A)(1) of section 5751.22 of the
Revised Code.
(35) "TPP allocation" means the sum of payments received by a
local taxing unit in calendar year 2010 pursuant to divisions
(A)(1) and (2) of section 5751.22 of the Revised Code. If a
fixed-rate levy that is a qualifying levy is not imposed in any
year after tax year 2010, "TPP allocation" used to compute
payments to be made under division (A)(1)(b) or (c) of section
5751.22 of the Revised Code in the tax years following the last
year the levy is imposed shall be reduced by the amount of payment
attributable to the fixed-rate levy loss of that levy as would be
computed under division (A)(1) of that section.
(36) "Total TPP allocation" means, in the case of a school
district or joint vocational school district, the sum of the
amounts received in fiscal year 2011 pursuant to divisions (C)(10)
and (11) and (D) of section 5751.21 of the Revised Code. In the
case of a local taxing unit, "total TPP allocation" means the sum
of payments received by the unit in calendar year 2010 pursuant to
divisions (A)(1), (2), and (3) of section 5751.22 of the Revised
Code. If a fixed-rate levy that is a qualifying levy is not
imposed in any year after tax year 2010, "total TPP allocation"
used to compute payments to be made under division (C)(12) of
section 5751.21 or division (A)(1)(b) or (c) of section 5751.22 of
the Revised Code in the tax years following the last year the levy
is imposed shall be reduced by the amount of payments attributable
to the fixed-rate levy loss of that levy as would be computed
under divisions (C)(10) and (11) of section 5751.21 or division
(A)(1) of section 5751.22 of the Revised Code.
(37) "Non-current expense TPP allocation" means the
difference of total TPP allocation minus the sum of current
expense TPP allocation and the portion of total TPP allocation
constituting reimbursement for debt levies, pursuant to division
(D) of section 5751.21 of the Revised Code in the case of a school
district or joint vocational school district and pursuant to
division (A)(3) of section 5751.22 of the Revised Code in the case
of a municipal corporation.
(38) "Threshold per cent" means, in the case of a school
district or joint vocational school district, two per cent for
fiscal year 2012 and four per cent for fiscal years 2013 and
thereafter. In the case of a local taxing unit, "threshold per
cent" means two per cent for tax year 2011, four per cent for tax
year 2012, and six per cent for tax years 2013 and thereafter.
(B) The commercial activities tax receipts fund is hereby
created in the state treasury and shall consist of money arising
from the tax imposed under this chapter. Eighty-five
one-hundredths of one per cent of the money credited to that fund
shall be credited to the tax reform system implementation fund,
which is hereby created in the state treasury, and shall be used
to defray the costs incurred by the department of taxation in
administering the tax imposed by this chapter and in implementing
tax reform measures. The remainder in the commercial activities
tax receipts fund shall be credited for each fiscal year in the
following percentages to the general revenue fund, to the school
district tangible property tax replacement fund, which is hereby
created in the state treasury for the purpose of making the
payments described in section 5751.21 of the Revised Code, and to
the local government tangible property tax replacement fund, which
is hereby created in the state treasury for the purpose of making
the payments described in section 5751.22 of the Revised Code, in
the following percentages:
Fiscal year |
General Revenue Fund |
School District Tangible Property Tax Replacement Fund |
Local Government Tangible Property Tax Replacement Fund |
|
|
2006 |
67.7% |
22.6% |
9.7% |
|
|
2007 |
0% |
70.0% |
30.0% |
|
|
2008 |
0% |
70.0% |
30.0% |
|
|
2009 |
0% |
70.0% |
30.0% |
|
|
2010 |
0% |
70.0% |
30.0% |
|
|
2011 |
0% |
70.0% |
30.0% |
|
|
2012 |
25.0% |
52.5% |
22.5% |
|
|
2013 and thereafter |
50.0% |
35.0% |
15.0% |
|
|
(C) Not later than September 15, 2005, the tax commissioner
shall determine for each school district, joint vocational school
district, and local taxing unit its machinery and equipment,
inventory property, furniture and fixtures property, and telephone
property tax value losses, which are the applicable amounts
described in divisions (C)(1), (2), (3), and (4) of this section,
except as provided in division (C)(5) of this section:
(1) Machinery and equipment property tax value loss is the
taxable value of machinery and equipment property as reported by
taxpayers for tax year 2004 multiplied by:
(a) For tax year 2006, thirty-three and eight-tenths per
cent;
(b) For tax year 2007, sixty-one and three-tenths per cent;
(c) For tax year 2008, eighty-three per cent;
(d) For tax year 2009 and thereafter, one hundred per cent.
(2) Inventory property tax value loss is the taxable value of
inventory property as reported by taxpayers for tax year 2004
multiplied by:
(a) For tax year 2006, a fraction, the numerator of which is
five and three-fourths and the denominator of which is
twenty-three;
(b) For tax year 2007, a fraction, the numerator of which is
nine and one-half and the denominator of which is twenty-three;
(c) For tax year 2008, a fraction, the numerator of which is
thirteen and one-fourth and the denominator of which is
twenty-three;
(d) For tax year 2009 and thereafter a fraction, the
numerator of which is seventeen and the denominator of which is
twenty-three.
(3) Furniture and fixtures property tax value loss is the
taxable value of furniture and fixture property as reported by
taxpayers for tax year 2004 multiplied by:
(a) For tax year 2006, twenty-five per cent;
(b) For tax year 2007, fifty per cent;
(c) For tax year 2008, seventy-five per cent;
(d) For tax year 2009 and thereafter, one hundred per cent.
The taxable value of property reported by taxpayers used in
divisions (C)(1), (2), and (3) of this section shall be such
values as determined to be final by the tax commissioner as of
August 31, 2005. Such determinations shall be final except for any
correction of a clerical error that was made prior to August 31,
2005, by the tax commissioner.
(4) Telephone property tax value loss is the taxable value of
telephone property as taxpayers would have reported that property
for tax year 2004 if the assessment rate for all telephone
property for that year were twenty-five per cent, multiplied by:
(a) For tax year 2006, zero per cent;
(b) For tax year 2007, zero per cent;
(c) For tax year 2008, zero per cent;
(d) For tax year 2009, sixty per cent;
(e) For tax year 2010, eighty per cent;
(f) For tax year 2011 and thereafter, one hundred per cent.
(5) Division (C)(5) of this section applies to any school
district, joint vocational school district, or local taxing unit
in a county in which is located a facility currently or formerly
devoted to the enrichment or commercialization of uranium or
uranium products, and for which the total taxable value of
property listed on the general tax list of personal property for
any tax year from tax year 2001 to tax year 2004 was fifty per
cent or less of the taxable value of such property listed on the
general tax list of personal property for the next preceding tax
year.
In computing the fixed-rate levy losses under divisions
(D)(1), (2), and (3) of this section for any school district,
joint vocational school district, or local taxing unit to which
division (C)(5) of this section applies, the taxable value of such
property as listed on the general tax list of personal property
for tax year 2000 shall be substituted for the taxable value of
such property as reported by taxpayers for tax year 2004, in the
taxing district containing the uranium facility, if the taxable
value listed for tax year 2000 is greater than the taxable value
reported by taxpayers for tax year 2004. For the purpose of making
the computations under divisions (D)(1), (2), and (3) of this
section, the tax year 2000 valuation is to be allocated to
machinery and equipment, inventory, and furniture and fixtures
property in the same proportions as the tax year 2004 values. For
the purpose of the calculations in division (A) of section 5751.21
of the Revised Code, the tax year 2004 taxable values shall be
used.
To facilitate the calculations required under division (C) of
this section, the county auditor, upon request from the tax
commissioner, shall provide by August 1, 2005, the values of
machinery and equipment, inventory, and furniture and fixtures for
all single-county personal property taxpayers for tax year 2004.
(D) Not later than September 15, 2005, the tax commissioner
shall determine for each tax year from 2006 through 2009 for each
school district, joint vocational school district, and local
taxing unit its machinery and equipment, inventory, and furniture
and fixtures fixed-rate levy losses, and for each tax year from
2006 through 2011 its telephone property fixed-rate levy loss.
Except as provided in division (F) of this section, such losses
are the applicable amounts described in divisions (D)(1), (2),
(3), and (4) of this section:
(1) The machinery and equipment fixed-rate levy loss is the
machinery and equipment property tax value loss multiplied by the
sum of the tax rates of fixed-rate qualifying levies.
(2) The inventory fixed-rate loss is the inventory property
tax value loss multiplied by the sum of the tax rates of
fixed-rate qualifying levies.
(3) The furniture and fixtures fixed-rate levy loss is the
furniture and fixture property tax value loss multiplied by the
sum of the tax rates of fixed-rate qualifying levies.
(4) The telephone property fixed-rate levy loss is the
telephone property tax value loss multiplied by the sum of the tax
rates of fixed-rate qualifying levies.
(E) Not later than September 15, 2005, the tax commissioner
shall determine for each school district, joint vocational school
district, and local taxing unit its fixed-sum levy loss. The
fixed-sum levy loss is the amount obtained by subtracting the
amount described in division (E)(2) of this section from the
amount described in division (E)(1) of this section:
(1) The sum of the machinery and equipment property tax value
loss, the inventory property tax value loss, and the furniture and
fixtures property tax value loss, and, for 2008 through 2010, the
telephone property tax value loss of the district or unit
multiplied by the sum of the fixed-sum tax rates of qualifying
levies. For 2006 through 2010, this computation shall include all
qualifying levies remaining in effect for the current tax year and
any school district levies imposed under section 5705.194 or
5705.213 of the Revised Code that are qualifying levies not
remaining in effect for the current year. For 2011 through 2017 in
the case of school district levies imposed under section 5705.194
or 5705.213 of the Revised Code and for all years after 2010 in
the case of other fixed-sum levies, this computation shall include
only qualifying levies remaining in effect for the current year.
For purposes of this computation, a qualifying school district
levy imposed under section 5705.194 or 5705.213 of the Revised
Code remains in effect in a year after 2010 only if, for that
year, the board of education levies a school district levy imposed
under section 5705.194, 5705.199, 5705.213, or 5705.219 of the
Revised Code for an annual sum at least equal to the annual sum
levied by the board in tax year 2004 less the amount of the
payment certified under this division for 2006.
(2) The total taxable value in tax year 2004 less the sum of
the machinery and equipment, inventory, furniture and fixtures,
and telephone property tax value losses in each school district,
joint vocational school district, and local taxing unit multiplied
by one-half of one mill per dollar.
(3) For the calculations in divisions (E)(1) and (2) of this
section, the tax value losses are those that would be calculated
for tax year 2009 under divisions (C)(1), (2), and (3) of this
section and for tax year 2011 under division (C)(4) of this
section.
(4) To facilitate the calculation under divisions (D) and (E)
of this section, not later than September 1, 2005, any school
district, joint vocational school district, or local taxing unit
that has a qualifying levy that was approved at an election
conducted during 2005 before September 1, 2005, shall certify to
the tax commissioner a copy of the county auditor's certificate of
estimated property tax millage for such levy as required under
division (B) of section 5705.03 of the Revised Code, which is the
rate that shall be used in the calculations under such divisions.
If the amount determined under division (E) of this section
for any school district, joint vocational school district, or
local taxing unit is greater than zero, that amount shall equal
the reimbursement to be paid pursuant to division (E) of section
5751.21 or division (A)(3) of section 5751.22 of the Revised Code,
and the one-half of one mill that is subtracted under division
(E)(2) of this section shall be apportioned among all contributing
fixed-sum levies in the proportion that each levy bears to the sum
of all fixed-sum levies within each school district, joint
vocational school district, or local taxing unit.
(F) If a school district levies a tax under section 5705.219
of the Revised Code, the fixed-rate levy loss for qualifying
levies, to the extent repealed under that section, shall equal the
sum of the following amounts in lieu of the amounts computed for
such levies under division (D) of this section:
(1) The sum of the rates of qualifying levies to the extent
so repealed multiplied by the sum of the machinery and equipment,
inventory, and furniture and fixtures tax value losses for 2009 as
determined under that division;
(2) The sum of the rates of qualifying levies to the extent
so repealed multiplied by the telephone property tax value loss
for 2011 as determined under that division.
The fixed-rate levy losses for qualifying levies to the
extent not repealed under section 5705.219 of the Revised Code
shall be as determined under division (D) of this section. The
revised fixed-rate levy losses determined under this division and
division (D) of this section first apply in the year following the
first year the district levies the tax under section 5705.219 of
the Revised Code.
(G) Not later than October 1, 2005, the tax commissioner
shall certify to the department of education for every school
district and joint vocational school district the machinery and
equipment, inventory, furniture and fixtures, and telephone
property tax value losses determined under division (C) of this
section, the machinery and equipment, inventory, furniture and
fixtures, and telephone fixed-rate levy losses determined under
division (D) of this section, and the fixed-sum levy losses
calculated under division (E) of this section. The calculations
under divisions (D) and (E) of this section shall separately
display the levy loss for each levy eligible for reimbursement.
(H) Not later than October 1, 2005, the tax commissioner
shall certify the amount of the fixed-sum levy losses to the
county auditor of each county in which a school district, joint
vocational school district, or local taxing unit with a fixed-sum
levy loss reimbursement has territory.
(I) Not later than the twenty-eighth day of February each
year beginning in 2011 and ending in 2014, the tax commissioner
shall certify to the department of education for each school
district first levying a tax under section 5705.219 of the Revised
Code in the preceding year the revised fixed-rate levy losses
determined under divisions (D) and (F) of this section.
Sec. 6301.01. As used in this chapter:
(A) "Local area" means any of the following:
(1) A municipal corporation that is authorized to administer
and enforce the "Workforce Investment Act of 1998," 112 Stat. 936,
29 U.S.C.A. 2801, as amended, under this chapter and is not
joining in partnership with any other political subdivisions in
order to do so;
(3) A consortium of any of the following political
subdivisions:
(a) A group of two or more counties in the state;
(b) One or more counties and one municipal corporation in the
state;
(c) One or more counties with or without one municipal
corporation in the state and one or more counties with or without
one municipal corporation in another state, on the condition that
those in another state share a labor market area with those in the
state.
"Local area" does not mean a region for purposes of
determinations concerning administrative incentives.
(B) "Municipal corporation" means a municipal corporation
that is eligible for automatic or temporary designation as a local
workforce investment area pursuant to section 116(a)(2) or (3) of
the "Workforce Investment Act of 1998," 112 Stat. 936, 29 U.S.C.A.
2831(a)(2) or (3), but that does not request that the governor
grant such automatic or temporary designation, and that instead
elects to administer and enforce workforce development activities
pursuant to this chapter.
(C) "County" means a county that is eligible to be designated
as a local workforce investment area pursuant to the "Workforce
Investment Act of 1998," 112 Stat. 936, 29 U.S.C.A. 2801, as
amended, but that does not request such designation, and instead
elects to administer and enforce workforce development activities
pursuant to this chapter.
(D) "Workforce development agency" means the entity given
responsibility for workforce development activities that is
designated by the board of county commissioners in accordance with
section 330.04 of the Revised Code, the chief elected official of
a municipal corporation in accordance with section 763.05 of the
Revised Code, or the chief elected officials of a local area
defined in division (A)(3) of this section.
(E) "Workforce development activity" means a program, grant,
or other function, the primary goal of which is to do one or more
of the following:
(1) Help individuals maximize their employment opportunities;
(2) Help employers gain access to skilled workers;
(3) Help employers retain skilled workers;
(4) Help develop or enhance the skills of incumbent workers;
(5) Improve the quality of the state's workforce;
(6) Enhance the productivity and competitiveness of the
state's economy.
(F) "Chief elected officials," when used in reference to a
local area, means the board of county commissioners of the county
or of each county in the local area or, if the county has adopted
a charter under Section 3 of Article X, Ohio Constitution, the
chief governing body of that county, and the chief elected
official of the municipal corporation, if the local area includes
a municipal corporation, except that when the local area is the
type defined in division (A)(1) of this section, "chief elected
officials" means the chief elected official of the municipal
corporation.
(G) "State board" means the state workforce policy board
established by section 6301.04 of the Revised Code.
(H) "Local board" means a local workforce policy board
created pursuant to section 6301.06 of the Revised Code.
Sec. 6301.02. The director of job and family services shall
administer the "Workforce Investment Act of 1998," 112 Stat. 936,
29 U.S.C.A. 2801, as amended, the "Wagner-Peyser Act," 48 Stat.
113 (1933), 29 U.S.C.A. 49, as amended, and the funds received
pursuant to those acts. In administering those acts and funds
received pursuant to those acts, the director shall establish and
administer assist the state workforce policy board in establishing
and administering a workforce development system that is designed
to provide leadership, support, and oversight to locally designed
workforce development and family services systems and that
provides the maximum amount of flexibility and authority to
counties and municipal corporations, as permitted under the
"Workforce Investment Act of 1998," 112 Stat. 936, 29 U.S.C.A.
2801, as amended. The director shall conduct investigations and
hold hearings as necessary for the administration of this chapter.
To the extent permitted by state and federal law, the
director may adopt rules pursuant to Chapter 119. of the Revised
Code to establish any program or pilot program for the purposes of
providing workforce development activities or family services to
individuals who do not meet eligibility criteria for those
activities or services under applicable federal law. Prior to the
initiation of any program of that nature, the director of budget
and management shall certify to the governor that sufficient funds
are available to administer a program of that nature. The state
board shall have final approval of any such program.
Unless otherwise prohibited by state or federal law, every
state agency, board, or commission shall provide to the state
board and the director all information and assistance requested by
the state board and the director in furtherance of workforce
development activities.
Sec. 6301.03. (A) In administering the "Workforce Investment
Act of 1998," 112 Stat. 936, 29 U.S.C.A. 2801, as amended, the
"Wagner-Peyser Act," 48 Stat. 113 (1933), 29 U.S.C.A. 49, as
amended, the funds received pursuant to those acts, and the
workforce development system, the director of job and family
services may, at the direction of the state board, make
allocations and payment of funds for the local administration of
the workforce development activities established under this
chapter. Pursuant to the "Workforce Investment Act of 1998," 112
Stat. 936, 29 U.S.C.A. 2801, as amended, the governor shall
reserve not more than fifteen per cent of the amounts allocated to
the state under Title I of that act for adults, dislocated
workers, and youth for statewide activities, and not more than
twenty-five per cent of funds allocated for dislocated workers
under Title I of that act for statewide rapid response activities.
(B) The director shall allocate to local areas all funds
required to be allocated to local areas pursuant to the "Workforce
Investment Act of 1998," 112 Stat. 936, 29 U.S.C.A. 2801, as
amended. The director shall make allocations only with funds
available. Local areas, as defined by either section 101 of the
"Workforce Investment Act of 1998," 112 Stat. 936, 29 U.S.C.A.
2801, as amended, or section 6301.01 of the Revised Code, and
subrecipients of a local area shall establish a workforce
development fund and the entity receiving funds shall deposit all
funds received under this section into the workforce development
fund. All expenditures for activities funded under this section
shall be made from the workforce development fund, including
reimbursements to a county public assistance fund for expenditures
made for activities funded under this section.
(C) The use of funds, reporting requirements, and other
administrative and operational requirements governing the use of
funds received by the director pursuant to this section shall be
governed by internal management rules adopted by the director and
approved by the state board pursuant to section 111.15 of the
Revised Code.
(D) To the extent permitted by state or federal law, the
state board, director, local areas, counties, and municipal
corporations authorized to administer workforce development
activities may assess a fee for specialized services requested by
an employer. The director shall adopt rules pursuant to Chapter
119. of the Revised Code governing the nature and amount of those
types of fees.
Sec. 6301.04. The governor shall establish a state workforce
policy board and appoint members to the board, who serve at the
governor's pleasure, to perform duties under the "Workforce
Investment Act of 1998," 112 Stat. 936, 29 U.S.C.A. 2801, as
amended, as authorized by the governor. The board is not subject
to sections 101.82 to 101.87 of the Revised Code. The director of
job and family services may All state agencies engaged in
workforce development activities shall assist the board in the
performance of its duties.
(A)(1) The governor shall designate nine members of the board
to be voting members. All other members shall be ex officio,
nonvoting members.
(2) The governor shall choose the voting members in a way
that a majority of the voting board members represent business
interests.
(B) The board shall have the power and authority to do all of
the following:
(1) Provide oversight and policy direction to ensure that the
state workforce development activities are aligned and serving the
needs of the state's employers, incumbent workers, and job
seekers;
(2) Adopt rules necessary to administer state workforce
development activities;
(3) Adopt rules necessary for the auditing and monitoring of
subrecipients of the workforce development system grant funds;
(4) Designate local workforce investment areas in accordance
with 29 U.S.C. 2831;
(5) Develop a unified budget for all state and federal
workforce funds;
(6) Establish a statewide employment and data collection
system;
(7) Develop statewide performance measures for workforce
development and investment;
(8) Develop a state workforce development plan;
(9) Prepare the annual report to the United States secretary
of labor, pursuant to section 136(d) of the "Workforce Investment
Act of 1998," 112 Stat. 936, 29 U.S.C. 2871, as amended;
(10) Carry out any additional functions, duties, or
responsibilities assigned to the board by the governor.
Sec. 6301.07. (A) For purposes of this section, "performance
character" means the career-essential relational attributes that
build trust with others, including respect, honesty, integrity,
task-excellence, responsibility, and resilience.
(B) Every local workforce policy board, under the direction
and approval of the state workforce policy board and with the
agreement of the chief elected officials of the local area, and
after holding public hearings that allow public comment and
testimony, shall prepare a workforce development plan. The plan
shall accomplish all of the following:
(1) Identify the workforce investment needs of businesses in
the local area, identify projected employment opportunities, and
identify the job skills and performance character necessary to
obtain and succeed in those opportunities;
(2) Identify the local area's workforce development needs for
youth, dislocated workers, adults, displaced homemakers, incumbent
workers, and any other group of workers identified by the local
workforce policy board;
(3) Determine the distribution of workforce development
resources and funding to be distributed for each workforce
development activity to meet the identified needs, utilizing the
funds allocated pursuant to the "Workforce Investment Act of
1998," 112 Stat. 936, 29 U.S.C.A. 2801, as amended;
(4) Give priority to youth receiving independent living
services pursuant to sections 2151.81 to 2151.84 of the Revised
Code when determining distribution of workforce development
resources and workforce development activity funding;
(5) Review the minimum curriculum required by the state
workforce policy board for certifying training providers and
identify any additional curriculum requirements to include in
contracts between the training providers and the chief elected
officials of the local area;
(6) Establish performance standards for service providers
that reflect local workforce development needs;
(7) Describe any other information the chief elected
officials of the local area require.
(B)(C) A local workforce policy board may provide policy
guidance and recommendations to the chief elected officials of a
local area for any workforce development activities.
(C)(D) Nothing in this section prohibits the chief elected
officials of a local area from assigning, through a partnership
agreement, any duties in addition to the duties under this section
to a local workforce policy board, except that a local workforce
policy board cannot contract with itself for the direct provision
of services in its local area. A local workforce policy board may
consult with the chief elected officials of its local area and
make recommendations regarding the workforce development
activities provided in its local area at any time.
Sec. 6301.08. Every local area shall participate in a
one-stop system for workforce development activities. Each board
of county commissioners and the chief elected official of a
municipal corporation shall ensure that at least one physical
location delivery method is available in the local area, either
through a physical location, or by electronic means approved by
the state board, for the provision of workforce development
activities.
A one-stop system may be operated by a private entity or a
public agency, including a workforce development agency, any
existing facility or organization that is established to
administer workforce development activities in the local area, and
a county family services agency.
A one-stop system shall include representatives of all the
partners required under the "Workforce Investment Act of 1998,"
112 Stat. 936, 29 U.S.C.A. 2801, as amended. Additionally, at
least one representative from a county department of job and
family services shall staff a one-stop system to represent all of
the county family services agencies within the local area.
Sec. 6301.10. Beginning January 1, 2001 2013, and each
calendar
quarter year thereafter, the director of job and family
services state board, with the assistance of all state agencies
engaged in workforce development activities, shall prepare a
report concerning the state of Ohio's workforce. The
director
state board shall distribute the report to the president and
minority leader of the senate, the speaker and minority leader of
the house of representatives, the state workforce policy board,
the governor's office of Appalachian Ohio, the commission on
Hispanic-Latino affairs, and the commission on African-American
males.
Section 101.02. That existing sections 124.38, 3301.04,
3301.079, 3301.0710, 3301.0712, 3301.0714, 3301.0715, 3301.0723,
3301.52, 3301.53, 3301.58, 3301.90, 3301.922, 3302.03, 3302.032,
3302.042, 3302.12, 3302.20, 3302.21, 3302.25, 3310.03, 3310.08,
3310.15, 3313.37, 3313.41, 3313.411, 3313.608, 3313.609,
3313.6013, 3313.674, 3313.813, 3313.816, 3313.842, 3313.843,
3313.845, 3313.978, 3314.015, 3314.016, 3314.02, 3314.029,
3314.03, 3314.06, 3314.08, 3314.17, 3314.18, 3314.35, 3314.36,
3317.01, 3317.11, 3318.034, 3318.36, 3318.37, 3318.371, 3318.70,
3319.02, 3319.06, 3319.11, 3319.111, 3319.112, 3319.58, 3321.01,
3323.011, 3323.052, 3323.19, 3326.03, 3326.04, 3326.10, 3326.11,
3326.17, 3326.21, 3328.15, 3328.24, 3333.0411, 4139.01, 4139.03,
4139.04, 4139.05, 4141.01, 4141.29, 4301.20, 5104.01, 5104.011,
5104.02, 5104.21, 5104.30, 5104.31, 5104.34, 5104.38, 5709.83,
5751.20, 6301.01, 6301.02, 6301.03, 6301.04, 6301.07, 6301.08, and
6301.10 of the Revised Code are hereby repealed.
Section 105.01. That section 3319.19 of the Revised Code is
hereby repealed.
Section 120.01. That sections 109.57, 2151.011, 2919.227,
2923.124, 2923.126, 2923.1212, 2950.11, 2950.13, 3109.051,
3701.63, 3737.22, 3742.01, 3797.06, 4511.81, 5101.29, 5103.03,
5104.01, 5104.011, 5104.012, 5104.013, 5104.015, 5104.022,
5104.03, 5104.04, 5104.041, 5104.052, 5104.053, 5104.054, 5104.06,
5104.08, 5104.09, 5104.13, 5104.30, 5104.31, 5104.32, 5104.35,
5104.36, 5104.38, 5107.60, and 5153.175 be amended, sections
5104.011 (5104.015), 5104.015 (5104.25), 5104.031 (5104.035),
5104.032 (5104.036), and 5104.033 (5104.037) be amended for the
purpose of adopting new section numbers as indicated in
parentheses, and new sections 5104.032 and 5104.033 and sections
5104.016, 5104.017, 5104.018, 5104.019, 5104.0110, 5104.0111,
5104.0112, 5104.034, 5104.038, 5104.039, and 5104.14 of the
Revised Code be enacted to read as follows:
Sec. 109.57. (A)(1) The superintendent of the bureau of
criminal identification and investigation shall procure from
wherever procurable and file for record photographs, pictures,
descriptions, fingerprints, measurements, and other information
that may be pertinent of all persons who have been convicted of
committing within this state a felony, any crime constituting a
misdemeanor on the first offense and a felony on subsequent
offenses, or any misdemeanor described in division (A)(1)(a),
(A)(8)(a), or (A)(10)(a) of section 109.572 of the Revised Code,
of all children under eighteen years of age who have been
adjudicated delinquent children for committing within this state
an act that would be a felony or an offense of violence if
committed by an adult or who have been convicted of or pleaded
guilty to committing within this state a felony or an offense of
violence, and of all well-known and habitual criminals. The person
in charge of any county, multicounty, municipal, municipal-county,
or multicounty-municipal jail or workhouse, community-based
correctional facility, halfway house, alternative residential
facility, or state correctional institution and the person in
charge of any state institution having custody of a person
suspected of having committed a felony, any crime constituting a
misdemeanor on the first offense and a felony on subsequent
offenses, or any misdemeanor described in division (A)(1)(a),
(A)(8)(a), or (A)(10)(a) of section 109.572 of the Revised Code or
having custody of a child under eighteen years of age with respect
to whom there is probable cause to believe that the child may have
committed an act that would be a felony or an offense of violence
if committed by an adult shall furnish such material to the
superintendent of the bureau. Fingerprints, photographs, or other
descriptive information of a child who is under eighteen years of
age, has not been arrested or otherwise taken into custody for
committing an act that would be a felony or an offense of violence
who is not in any other category of child specified in this
division, if committed by an adult, has not been adjudicated a
delinquent child for committing an act that would be a felony or
an offense of violence if committed by an adult, has not been
convicted of or pleaded guilty to committing a felony or an
offense of violence, and is not a child with respect to whom there
is probable cause to believe that the child may have committed an
act that would be a felony or an offense of violence if committed
by an adult shall not be procured by the superintendent or
furnished by any person in charge of any county, multicounty,
municipal, municipal-county, or multicounty-municipal jail or
workhouse, community-based correctional facility, halfway house,
alternative residential facility, or state correctional
institution, except as authorized in section 2151.313 of the
Revised Code.
(2) Every clerk of a court of record in this state, other
than the supreme court or a court of appeals, shall send to the
superintendent of the bureau a weekly report containing a summary
of each case involving a felony, involving any crime constituting
a misdemeanor on the first offense and a felony on subsequent
offenses, involving a misdemeanor described in division (A)(1)(a),
(A)(8)(a), or (A)(10)(a) of section 109.572 of the Revised Code,
or involving an adjudication in a case in which a child under
eighteen years of age was alleged to be a delinquent child for
committing an act that would be a felony or an offense of violence
if committed by an adult. The clerk of the court of common pleas
shall include in the report and summary the clerk sends under this
division all information described in divisions (A)(2)(a) to (f)
of this section regarding a case before the court of appeals that
is served by that clerk. The summary shall be written on the
standard forms furnished by the superintendent pursuant to
division (B) of this section and shall include the following
information:
(a) The incident tracking number contained on the standard
forms furnished by the superintendent pursuant to division (B) of
this section;
(b) The style and number of the case;
(c) The date of arrest, offense, summons, or arraignment;
(d) The date that the person was convicted of or pleaded
guilty to the offense, adjudicated a delinquent child for
committing the act that would be a felony or an offense of
violence if committed by an adult, found not guilty of the
offense, or found not to be a delinquent child for committing an
act that would be a felony or an offense of violence if committed
by an adult, the date of an entry dismissing the charge, an entry
declaring a mistrial of the offense in which the person is
discharged, an entry finding that the person or child is not
competent to stand trial, or an entry of a nolle prosequi, or the
date of any other determination that constitutes final resolution
of the case;
(e) A statement of the original charge with the section of
the Revised Code that was alleged to be violated;
(f) If the person or child was convicted, pleaded guilty, or
was adjudicated a delinquent child, the sentence or terms of
probation imposed or any other disposition of the offender or the
delinquent child.
If the offense involved the disarming of a law enforcement
officer or an attempt to disarm a law enforcement officer, the
clerk shall clearly state that fact in the summary, and the
superintendent shall ensure that a clear statement of that fact is
placed in the bureau's records.
(3) The superintendent shall cooperate with and assist
sheriffs, chiefs of police, and other law enforcement officers in
the establishment of a complete system of criminal identification
and in obtaining fingerprints and other means of identification of
all persons arrested on a charge of a felony, any crime
constituting a misdemeanor on the first offense and a felony on
subsequent offenses, or a misdemeanor described in division
(A)(1)(a), (A)(8)(a), or (A)(10)(a) of section 109.572 of the
Revised Code and of all children under eighteen years of age
arrested or otherwise taken into custody for committing an act
that would be a felony or an offense of violence if committed by
an adult. The superintendent also shall file for record the
fingerprint impressions of all persons confined in a county,
multicounty, municipal, municipal-county, or multicounty-municipal
jail or workhouse, community-based correctional facility, halfway
house, alternative residential facility, or state correctional
institution for the violation of state laws and of all children
under eighteen years of age who are confined in a county,
multicounty, municipal, municipal-county, or multicounty-municipal
jail or workhouse, community-based correctional facility, halfway
house, alternative residential facility, or state correctional
institution or in any facility for delinquent children for
committing an act that would be a felony or an offense of violence
if committed by an adult, and any other information that the
superintendent may receive from law enforcement officials of the
state and its political subdivisions.
(4) The superintendent shall carry out Chapter 2950. of the
Revised Code with respect to the registration of persons who are
convicted of or plead guilty to a sexually oriented offense or a
child-victim oriented offense and with respect to all other duties
imposed on the bureau under that chapter.
(5) The bureau shall perform centralized recordkeeping
functions for criminal history records and services in this state
for purposes of the national crime prevention and privacy compact
set forth in section 109.571 of the Revised Code and is the
criminal history record repository as defined in that section for
purposes of that compact. The superintendent or the
superintendent's designee is the compact officer for purposes of
that compact and shall carry out the responsibilities of the
compact officer specified in that compact.
(B) The superintendent shall prepare and furnish to every
county, multicounty, municipal, municipal-county, or
multicounty-municipal jail or workhouse, community-based
correctional facility, halfway house, alternative residential
facility, or state correctional institution and to every clerk of
a court in this state specified in division (A)(2) of this section
standard forms for reporting the information required under
division (A) of this section. The standard forms that the
superintendent prepares pursuant to this division may be in a
tangible format, in an electronic format, or in both tangible
formats and electronic formats.
(C)(1) The superintendent may operate a center for
electronic, automated, or other data processing for the storage
and retrieval of information, data, and statistics pertaining to
criminals and to children under eighteen years of age who are
adjudicated delinquent children for committing an act that would
be a felony or an offense of violence if committed by an adult,
criminal activity, crime prevention, law enforcement, and criminal
justice, and may establish and operate a statewide communications
network to be known as the Ohio law enforcement gateway to gather
and disseminate information, data, and statistics for the use of
law enforcement agencies and for other uses specified in this
division. The superintendent may gather, store, retrieve, and
disseminate information, data, and statistics that pertain to
children who are under eighteen years of age and that are gathered
pursuant to sections 109.57 to 109.61 of the Revised Code together
with information, data, and statistics that pertain to adults and
that are gathered pursuant to those sections.
(2) The superintendent or the superintendent's designee shall
gather information of the nature described in division (C)(1) of
this section that pertains to the offense and delinquency history
of a person who has been convicted of, pleaded guilty to, or been
adjudicated a delinquent child for committing a sexually oriented
offense or a child-victim oriented offense for inclusion in the
state registry of sex offenders and child-victim offenders
maintained pursuant to division (A)(1) of section 2950.13 of the
Revised Code and in the internet database operated pursuant to
division (A)(13) of that section and for possible inclusion in the
internet database operated pursuant to division (A)(11) of that
section.
(3) In addition to any other authorized use of information,
data, and statistics of the nature described in division (C)(1) of
this section, the superintendent or the superintendent's designee
may provide and exchange the information, data, and statistics
pursuant to the national crime prevention and privacy compact as
described in division (A)(5) of this section.
(4) The attorney general may adopt rules under Chapter 119.
of the Revised Code establishing guidelines for the operation of
and participation in the Ohio law enforcement gateway. The rules
may include criteria for granting and restricting access to
information gathered and disseminated through the Ohio law
enforcement gateway. The attorney general shall permit the state
medical board and board of nursing to access and view, but not
alter, information gathered and disseminated through the Ohio law
enforcement gateway.
The attorney general may appoint a steering committee to
advise the attorney general in the operation of the Ohio law
enforcement gateway that is comprised of persons who are
representatives of the criminal justice agencies in this state
that use the Ohio law enforcement gateway and is chaired by the
superintendent or the superintendent's designee.
(D)(1) The following are not public records under section
149.43 of the Revised Code:
(a) Information and materials furnished to the superintendent
pursuant to division (A) of this section;
(b) Information, data, and statistics gathered or
disseminated through the Ohio law enforcement gateway pursuant to
division (C)(1) of this section;
(c) Information and materials furnished to any board or
person under division (F) or (G) of this section.
(2) The superintendent or the superintendent's designee shall
gather and retain information so furnished under division (A) of
this section that pertains to the offense and delinquency history
of a person who has been convicted of, pleaded guilty to, or been
adjudicated a delinquent child for committing a sexually oriented
offense or a child-victim oriented offense for the purposes
described in division (C)(2) of this section.
(E) The attorney general shall adopt rules, in accordance
with Chapter 119. of the Revised Code, setting forth the procedure
by which a person may receive or release information gathered by
the superintendent pursuant to division (A) of this section. A
reasonable fee may be charged for this service. If a temporary
employment service submits a request for a determination of
whether a person the service plans to refer to an employment
position has been convicted of or pleaded guilty to an offense
listed in division (A)(1), (3), (4), (5), or (6) of section
109.572 of the Revised Code, the request shall be treated as a
single request and only one fee shall be charged.
(F)(1) As used in division (F)(2) of this section, "head
start agency" means an entity in this state that has been approved
to be an agency for purposes of subchapter II of the "Community
Economic Development Act," 95 Stat. 489 (1981), 42 U.S.C.A. 9831,
as amended.
(2)(a) In addition to or in conjunction with any request that
is required to be made under section 109.572, 2151.86, 3301.32,
3301.541, division (C) of section 3310.58, or section 3319.39,
3319.391, 3327.10, 3701.881, 5104.012, 5104.013, 5123.081,
5126.28, 5126.281, or 5153.111 of the Revised Code or that is made
under section 3314.41, 3319.392, 3326.25, or 3328.20 of the
Revised Code, the board of education of any school district; the
director of developmental disabilities; any county board of
developmental disabilities; any entity under contract with a
county board of developmental disabilities; the chief
administrator of any chartered nonpublic school; the chief
administrator of a registered private provider that is not also a
chartered nonpublic school; the chief administrator of any home
health agency; the chief administrator of or person operating any
child day-care center, type A family day-care home, or type B
family day-care home licensed or certified under Chapter 5104. of
the Revised Code; the administrator of any type C family day-care
home certified pursuant to Section 1 of Sub. H.B. 62 of the 121st
general assembly or Section 5 of Am. Sub. S.B. 160 of the 121st
general assembly; the chief administrator of any head start
agency; the executive director of a public children services
agency; a private company described in section 3314.41, 3319.392,
3326.25, or 3328.20 of the Revised Code; or an employer described
in division (J)(2) of section 3327.10 of the Revised Code may
request that the superintendent of the bureau investigate and
determine, with respect to any individual who has applied for
employment in any position after October 2, 1989, or any
individual wishing to apply for employment with a board of
education may request, with regard to the individual, whether the
bureau has any information gathered under division (A) of this
section that pertains to that individual. On receipt of the
request, the superintendent shall determine whether that
information exists and, upon request of the person, board, or
entity requesting information, also shall request from the federal
bureau of investigation any criminal records it has pertaining to
that individual. The superintendent or the superintendent's
designee also may request criminal history records from other
states or the federal government pursuant to the national crime
prevention and privacy compact set forth in section 109.571 of the
Revised Code. Within thirty days of the date that the
superintendent receives a request, the superintendent shall send
to the board, entity, or person a report of any information that
the superintendent determines exists, including information
contained in records that have been sealed under section 2953.32
of the Revised Code, and, within thirty days of its receipt, shall
send the board, entity, or person a report of any information
received from the federal bureau of investigation, other than
information the dissemination of which is prohibited by federal
law.
(b) When a board of education or a registered private
provider is required to receive information under this section as
a prerequisite to employment of an individual pursuant to division
(C) of section 3310.58 or section 3319.39 of the Revised Code, it
may accept a certified copy of records that were issued by the
bureau of criminal identification and investigation and that are
presented by an individual applying for employment with the
district in lieu of requesting that information itself. In such a
case, the board shall accept the certified copy issued by the
bureau in order to make a photocopy of it for that individual's
employment application documents and shall return the certified
copy to the individual. In a case of that nature, a district or
provider only shall accept a certified copy of records of that
nature within one year after the date of their issuance by the
bureau.
(c) Notwithstanding division (F)(2)(a) of this section, in
the case of a request under section 3319.39, 3319.391, or 3327.10
of the Revised Code only for criminal records maintained by the
federal bureau of investigation, the superintendent shall not
determine whether any information gathered under division (A) of
this section exists on the person for whom the request is made.
(3) The state board of education may request, with respect to
any individual who has applied for employment after October 2,
1989, in any position with the state board or the department of
education, any information that a school district board of
education is authorized to request under division (F)(2) of this
section, and the superintendent of the bureau shall proceed as if
the request has been received from a school district board of
education under division (F)(2) of this section.
(4) When the superintendent of the bureau receives a request
for information under section 3319.291 of the Revised Code, the
superintendent shall proceed as if the request has been received
from a school district board of education and shall comply with
divisions (F)(2)(a) and (c) of this section.
(5) When a recipient of a classroom reading improvement grant
paid under section 3301.86 of the Revised Code requests, with
respect to any individual who applies to participate in providing
any program or service funded in whole or in part by the grant,
the information that a school district board of education is
authorized to request under division (F)(2)(a) of this section,
the superintendent of the bureau shall proceed as if the request
has been received from a school district board of education under
division (F)(2)(a) of this section.
(G) In addition to or in conjunction with any request that is
required to be made under section 3701.881, 3712.09, 3721.121,
5119.693, or 5119.85 of the Revised Code with respect to an
individual who has applied for employment in a position that
involves providing direct care to an older adult or adult
resident, the chief administrator of a home health agency, hospice
care program, home licensed under Chapter 3721. of the Revised
Code, adult day-care program operated pursuant to rules adopted
under section 3721.04 of the Revised Code, adult foster home, or
adult care facility may request that the superintendent of the
bureau investigate and determine, with respect to any individual
who has applied after January 27, 1997, for employment in a
position that does not involve providing direct care to an older
adult or adult resident, whether the bureau has any information
gathered under division (A) of this section that pertains to that
individual.
In addition to or in conjunction with any request that is
required to be made under section 173.27 of the Revised Code with
respect to an individual who has applied for employment in a
position that involves providing ombudsperson services to
residents of long-term care facilities or recipients of
community-based long-term care services, the state long-term care
ombudsperson, ombudsperson's designee, or director of health may
request that the superintendent investigate and determine, with
respect to any individual who has applied for employment in a
position that does not involve providing such ombudsperson
services, whether the bureau has any information gathered under
division (A) of this section that pertains to that applicant.
In addition to or in conjunction with any request that is
required to be made under section 173.394 of the Revised Code with
respect to an individual who has applied for employment in a
position that involves providing direct care to an individual, the
chief administrator of a community-based long-term care agency may
request that the superintendent investigate and determine, with
respect to any individual who has applied for employment in a
position that does not involve providing direct care, whether the
bureau has any information gathered under division (A) of this
section that pertains to that applicant.
On receipt of a request under this division, the
superintendent shall determine whether that information exists
and, on request of the individual requesting information, shall
also request from the federal bureau of investigation any criminal
records it has pertaining to the applicant. The superintendent or
the superintendent's designee also may request criminal history
records from other states or the federal government pursuant to
the national crime prevention and privacy compact set forth in
section 109.571 of the Revised Code. Within thirty days of the
date a request is received, the superintendent shall send to the
requester a report of any information determined to exist,
including information contained in records that have been sealed
under section 2953.32 of the Revised Code, and, within thirty days
of its receipt, shall send the requester a report of any
information received from the federal bureau of investigation,
other than information the dissemination of which is prohibited by
federal law.
(H) Information obtained by a government entity or person
under this section is confidential and shall not be released or
disseminated.
(I) The superintendent may charge a reasonable fee for
providing information or criminal records under division (F)(2) or
(G) of this section.
(J) As used in this section:
(1) "Sexually oriented offense" and "child-victim oriented
offense" have the same meanings as in section 2950.01 of the
Revised Code.
(2) "Registered private provider" means a nonpublic school or
entity registered with the superintendent of public instruction
under section 3310.41 of the Revised Code to participate in the
autism scholarship program or section 3310.58 of the Revised Code
to participate in the Jon Peterson special needs scholarship
program.
Sec. 2151.011. (A) As used in the Revised Code:
(1) "Juvenile court" means whichever of the following is
applicable that has jurisdiction under this chapter and Chapter
2152. of the Revised Code:
(a) The division of the court of common pleas specified in
section 2101.022 or 2301.03 of the Revised Code as having
jurisdiction under this chapter and Chapter 2152. of the Revised
Code or as being the juvenile division or the juvenile division
combined with one or more other divisions;
(b) The juvenile court of Cuyahoga county or Hamilton county
that is separately and independently created by section 2151.08 or
Chapter 2153. of the Revised Code and that has jurisdiction under
this chapter and Chapter 2152. of the Revised Code;
(c) If division (A)(1)(a) or (b) of this section does not
apply, the probate division of the court of common pleas.
(2) "Juvenile judge" means a judge of a court having
jurisdiction under this chapter.
(3) "Private child placing agency" means any association, as
defined in section 5103.02 of the Revised Code, that is certified
under section 5103.03 of the Revised Code to accept temporary,
permanent, or legal custody of children and place the children for
either foster care or adoption.
(4) "Private noncustodial agency" means any person,
organization, association, or society certified by the department
of job and family services that does not accept temporary or
permanent legal custody of children, that is privately operated in
this state, and that does one or more of the following:
(a) Receives and cares for children for two or more
consecutive weeks;
(b) Participates in the placement of children in certified
foster homes;
(c) Provides adoption services in conjunction with a public
children services agency or private child placing agency.
(B) As used in this chapter:
(1) "Adequate parental care" means the provision by a child's
parent or parents, guardian, or custodian of adequate food,
clothing, and shelter to ensure the child's health and physical
safety and the provision by a child's parent or parents of
specialized services warranted by the child's physical or mental
needs.
(2) "Adult" means an individual who is eighteen years of age
or older.
(3) "Agreement for temporary custody" means a voluntary
agreement authorized by section 5103.15 of the Revised Code that
transfers the temporary custody of a child to a public children
services agency or a private child placing agency.
(4) "Alternative response" means the public children services
agency's response to a report of child abuse or neglect that
engages the family in a comprehensive evaluation of child safety,
risk of subsequent harm, and family strengths and needs and that
does not include a determination as to whether child abuse or
neglect occurred.
(5) "Certified foster home" means a foster home, as defined
in section 5103.02 of the Revised Code, certified under section
5103.03 of the Revised Code.
(6) "Child" means a person who is under eighteen years of
age, except that the juvenile court has jurisdiction over any
person who is adjudicated an unruly child prior to attaining
eighteen years of age until the person attains twenty-one years of
age, and, for purposes of that jurisdiction related to that
adjudication, a person who is so adjudicated an unruly child shall
be deemed a "child" until the person attains twenty-one years of
age.
(7) "Child day camp," "child care," "child day-care center,"
"part-time child day-care center," "type A family day-care home,"
"certified licensed type B family day-care home," "type B family
day-care home," "administrator of a child day-care center,"
"administrator of a type A family day-care home," and "in-home
aide,"
and "authorized provider" have the same meanings as in
section 5104.01 of the Revised Code.
(8) "Child care provider" means an individual who is a
child-care staff member or administrator of a child day-care
center, a type A family day-care home, or a type B family day-care
home, or an in-home aide or an individual who is licensed, is
regulated, is approved, operates under the direction of, or
otherwise is certified by the department of job and family
services, department of developmental disabilities, or the early
childhood programs of the department of education.
(9) "Chronic truant" has the same meaning as in section
2152.02 of the Revised Code.
(10) "Commit" means to vest custody as ordered by the court.
(11) "Counseling" includes both of the following:
(a) General counseling services performed by a public
children services agency or shelter for victims of domestic
violence to assist a child, a child's parents, and a child's
siblings in alleviating identified problems that may cause or have
caused the child to be an abused, neglected, or dependent child.
(b) Psychiatric or psychological therapeutic counseling
services provided to correct or alleviate any mental or emotional
illness or disorder and performed by a licensed psychiatrist,
licensed psychologist, or a person licensed under Chapter 4757. of
the Revised Code to engage in social work or professional
counseling.
(12) "Custodian" means a person who has legal custody of a
child or a public children services agency or private child
placing agency that has permanent, temporary, or legal custody of
a child.
(13) "Delinquent child" has the same meaning as in section
2152.02 of the Revised Code.
(14) "Detention" means the temporary care of children pending
court adjudication or disposition, or execution of a court order,
in a public or private facility designed to physically restrict
the movement and activities of children.
(15) "Developmental disability" has the same meaning as in
section 5123.01 of the Revised Code.
(16) "Differential response approach" means an approach that
a public children services agency may use to respond to accepted
reports of child abuse or neglect with either an alternative
response or a traditional response.
(17) "Foster caregiver" has the same meaning as in section
5103.02 of the Revised Code.
(18) "Guardian" means a person, association, or corporation
that is granted authority by a probate court pursuant to Chapter
2111. of the Revised Code to exercise parental rights over a child
to the extent provided in the court's order and subject to the
residual parental rights of the child's parents.
(19) "Habitual truant" means any child of compulsory school
age who is absent without legitimate excuse for absence from the
public school the child is supposed to attend for five or more
consecutive school days, seven or more school days in one school
month, or twelve or more school days in a school year.
(20) "Juvenile traffic offender" has the same meaning as in
section 2152.02 of the Revised Code.
(21) "Legal custody" means a legal status that vests in the
custodian the right to have physical care and control of the child
and to determine where and with whom the child shall live, and the
right and duty to protect, train, and discipline the child and to
provide the child with food, shelter, education, and medical care,
all subject to any residual parental rights, privileges, and
responsibilities. An individual granted legal custody shall
exercise the rights and responsibilities personally unless
otherwise authorized by any section of the Revised Code or by the
court.
(22) A "legitimate excuse for absence from the public school
the child is supposed to attend" includes, but is not limited to,
any of the following:
(a) The fact that the child in question has enrolled in and
is attending another public or nonpublic school in this or another
state;
(b) The fact that the child in question is excused from
attendance at school for any of the reasons specified in section
3321.04 of the Revised Code;
(c) The fact that the child in question has received an age
and schooling certificate in accordance with section 3331.01 of
the Revised Code.
(23) "Mental illness" and "mentally ill person subject to
hospitalization by court order" have the same meanings as in
section 5122.01 of the Revised Code.
(24) "Mental injury" means any behavioral, cognitive,
emotional, or mental disorder in a child caused by an act or
omission that is described in section 2919.22 of the Revised Code
and is committed by the parent or other person responsible for the
child's care.
(25) "Mentally retarded person" has the same meaning as in
section 5123.01 of the Revised Code.
(26) "Nonsecure care, supervision, or training" means care,
supervision, or training of a child in a facility that does not
confine or prevent movement of the child within the facility or
from the facility.
(27) "Of compulsory school age" has the same meaning as in
section 3321.01 of the Revised Code.
(28) "Organization" means any institution, public,
semipublic, or private, and any private association, society, or
agency located or operating in the state, incorporated or
unincorporated, having among its functions the furnishing of
protective services or care for children, or the placement of
children in certified foster homes or elsewhere.
(29) "Out-of-home care" means detention facilities, shelter
facilities, certified children's crisis care facilities, certified
foster homes, placement in a prospective adoptive home prior to
the issuance of a final decree of adoption, organizations,
certified organizations, child day-care centers, type A family
day-care homes, type B family day-care homes, child care provided
by type B family day-care home providers and by in-home aides,
group home providers, group homes, institutions, state
institutions, residential facilities, residential care facilities,
residential camps, day camps, public schools, chartered nonpublic
schools, educational service centers, hospitals, and medical
clinics that are responsible for the care, physical custody, or
control of children.
(30) "Out-of-home care child abuse" means any of the
following when committed by a person responsible for the care of a
child in out-of-home care:
(a) Engaging in sexual activity with a child in the person's
care;
(b) Denial to a child, as a means of punishment, of proper or
necessary subsistence, education, medical care, or other care
necessary for a child's health;
(c) Use of restraint procedures on a child that cause injury
or pain;
(d) Administration of prescription drugs or psychotropic
medication to the child without the written approval and ongoing
supervision of a licensed physician;
(e) Commission of any act, other than by accidental means,
that results in any injury to or death of the child in out-of-home
care or commission of any act by accidental means that results in
an injury to or death of a child in out-of-home care and that is
at variance with the history given of the injury or death.
(31) "Out-of-home care child neglect" means any of the
following when committed by a person responsible for the care of a
child in out-of-home care:
(a) Failure to provide reasonable supervision according to
the standards of care appropriate to the age, mental and physical
condition, or other special needs of the child;
(b) Failure to provide reasonable supervision according to
the standards of care appropriate to the age, mental and physical
condition, or other special needs of the child, that results in
sexual or physical abuse of the child by any person;
(c) Failure to develop a process for all of the following:
(i) Administration of prescription drugs or psychotropic
drugs for the child;
(ii) Assuring that the instructions of the licensed physician
who prescribed a drug for the child are followed;
(iii) Reporting to the licensed physician who prescribed the
drug all unfavorable or dangerous side effects from the use of the
drug.
(d) Failure to provide proper or necessary subsistence,
education, medical care, or other individualized care necessary
for the health or well-being of the child;
(e) Confinement of the child to a locked room without
monitoring by staff;
(f) Failure to provide ongoing security for all prescription
and nonprescription medication;
(g) Isolation of a child for a period of time when there is
substantial risk that the isolation, if continued, will impair or
retard the mental health or physical well-being of the child.
(32) "Permanent custody" means a legal status that vests in a
public children services agency or a private child placing agency,
all parental rights, duties, and obligations, including the right
to consent to adoption, and divests the natural parents or
adoptive parents of all parental rights, privileges, and
obligations, including all residual rights and obligations.
(33) "Permanent surrender" means the act of the parents or,
if a child has only one parent, of the parent of a child, by a
voluntary agreement authorized by section 5103.15 of the Revised
Code, to transfer the permanent custody of the child to a public
children services agency or a private child placing agency.
(34) "Person" means an individual, association, corporation,
or partnership and the state or any of its political subdivisions,
departments, or agencies.
(35) "Person responsible for a child's care in out-of-home
care" means any of the following:
(a) Any foster caregiver, in-home aide, or provider;
(b) Any administrator, employee, or agent of any of the
following: a public or private detention facility; shelter
facility; certified children's crisis care facility; organization;
certified organization; child day-care center; type A family
day-care home; certified licensed type B family day-care home;
group home; institution; state institution; residential facility;
residential care facility; residential camp; day camp; school
district; community school; chartered nonpublic school;
educational service center; hospital; or medical clinic;
(c) Any person who supervises or coaches children as part of
an extracurricular activity sponsored by a school district, public
school, or chartered nonpublic school;
(d) Any other person who performs a similar function with
respect to, or has a similar relationship to, children.
(36) "Physically impaired" means having one or more of the
following conditions that substantially limit one or more of an
individual's major life activities, including self-care, receptive
and expressive language, learning, mobility, and self-direction:
(a) A substantial impairment of vision, speech, or hearing;
(b) A congenital orthopedic impairment;
(c) An orthopedic impairment caused by disease, rheumatic
fever or any other similar chronic or acute health problem, or
amputation or another similar cause.
(37) "Placement for adoption" means the arrangement by a
public children services agency or a private child placing agency
with a person for the care and adoption by that person of a child
of whom the agency has permanent custody.
(38) "Placement in foster care" means the arrangement by a
public children services agency or a private child placing agency
for the out-of-home care of a child of whom the agency has
temporary custody or permanent custody.
(39) "Planned permanent living arrangement" means an order of
a juvenile court pursuant to which both of the following apply:
(a) The court gives legal custody of a child to a public
children services agency or a private child placing agency without
the termination of parental rights.
(b) The order permits the agency to make an appropriate
placement of the child and to enter into a written agreement with
a foster care provider or with another person or agency with whom
the child is placed.
(40) "Practice of social work" and "practice of professional
counseling" have the same meanings as in section 4757.01 of the
Revised Code.
(41) "Sanction, service, or condition" means a sanction,
service, or condition created by court order following an
adjudication that a child is an unruly child that is described in
division (A)(4) of section 2152.19 of the Revised Code.
(42) "Protective supervision" means an order of disposition
pursuant to which the court permits an abused, neglected,
dependent, or unruly child to remain in the custody of the child's
parents, guardian, or custodian and stay in the child's home,
subject to any conditions and limitations upon the child, the
child's parents, guardian, or custodian, or any other person that
the court prescribes, including supervision as directed by the
court for the protection of the child.
(43) "Psychiatrist" has the same meaning as in section
5122.01 of the Revised Code.
(44) "Psychologist" has the same meaning as in section
4732.01 of the Revised Code.
(45) "Residential camp" means a program in which the care,
physical custody, or control of children is accepted overnight for
recreational or recreational and educational purposes.
(46) "Residential care facility" means an institution,
residence, or facility that is licensed by the department of
mental health under section 5119.22 of the Revised Code and that
provides care for a child.
(47) "Residential facility" means a home or facility that is
licensed by the department of developmental disabilities under
section 5123.19 of the Revised Code and in which a child with a
developmental disability resides.
(48) "Residual parental rights, privileges, and
responsibilities" means those rights, privileges, and
responsibilities remaining with the natural parent after the
transfer of legal custody of the child, including, but not
necessarily limited to, the privilege of reasonable visitation,
consent to adoption, the privilege to determine the child's
religious affiliation, and the responsibility for support.
(49) "School day" means the school day established by the
state board of education pursuant to section 3313.48 of the
Revised Code.
(50) "School month" and "school year" have the same meanings
as in section 3313.62 of the Revised Code.
(51) "Secure correctional facility" means a facility under
the direction of the department of youth services that is designed
to physically restrict the movement and activities of children and
used for the placement of children after adjudication and
disposition.
(52) "Sexual activity" has the same meaning as in section
2907.01 of the Revised Code.
(53) "Shelter" means the temporary care of children in
physically unrestricted facilities pending court adjudication or
disposition.
(54) "Shelter for victims of domestic violence" has the same
meaning as in section 3113.33 of the Revised Code.
(55) "Temporary custody" means legal custody of a child who
is removed from the child's home, which custody may be terminated
at any time at the discretion of the court or, if the legal
custody is granted in an agreement for temporary custody, by the
person who executed the agreement.
(56) "Traditional response" means a public children services
agency's response to a report of child abuse or neglect that
encourages engagement of the family in a comprehensive evaluation
of the child's current and future safety needs and a fact-finding
process to determine whether child abuse or neglect occurred and
the circumstances surrounding the alleged harm or risk of harm.
(C) For the purposes of this chapter, a child shall be
presumed abandoned when the parents of the child have failed to
visit or maintain contact with the child for more than ninety
days, regardless of whether the parents resume contact with the
child after that period of ninety days.
Sec. 2919.227. (A)(1) No child care center licensee shall
accept a child into that center without first providing to the
parent, guardian, custodian, or other person responsible for the
care of that child the following information, if the parent,
guardian, custodian, or other person responsible for the care of
the child requests the information:
(a) The types of injuries to children, as reported in
accordance with rules adopted under section 5104.011 5104.015 of
the Revised Code, that occurred at the center on or after April 1,
2003, or the date that is two years before the date the
information is requested, whichever date is more recent;
(b) The number of each type of injury to children that
occurred at the center during that period.
(2) If a death described in division (A)(2)(a) or (A)(2)(b)
of this section occurred during the fifteen-year period
immediately preceding the date that the parent, guardian,
custodian, or other person responsible for the care of a child
seeks to enroll that child, no child care center licensee shall
accept that child into that center without first providing to the
parent, guardian, custodian, or other person responsible for the
care of that child a notice that states that the death occurred.
(a) A child died while under the care of the center or while
receiving child care from the owner, provider, or administrator of
the center;
(b) A child died as a result of injuries suffered while under
the care of the center or while receiving child care from the
owner, provider, or administrator of the center.
(3) Each child care center licensee shall keep on file at the
center a copy of the information provided under this division for
at least three years after providing the information.
(B)(1) No child care center licensee shall fail to provide
notice in accordance with division (B)(3) of this section to the
persons and entities specified in division (B)(2) of this section
if a child who is under the care of the center or is receiving
child care from the owner, provider, or administrator of the
center dies while under the care of the center or while receiving
child care from the owner, provider, or administrator or dies as a
result of injuries suffered while under the care of the center or
while receiving child care from the owner, provider, or
administrator.
(2) A child care center licensee shall provide the notice
required under division (B)(1) of this section to all of the
following:
(a) The parent, guardian, custodian, or other person
responsible for the care of each child who, at the time of the
death for which notice is required, is receiving or is enrolled to
receive child care from the center;
(b) The public children services agency of the county in
which the center is located or the child care was given;
(c) A municipal or county peace officer in the county in
which the child resides or in which the center is located or the
child care was given;
(d) The child fatality review board appointed under section
307.621 of the Revised Code that serves the county in which the
center is located or the child care was given.
(3) A child care center licensee shall provide the notice
required by division (B)(1) of this section not later than
forty-eight hours after the child dies. The notice shall state
that the death occurred.
(C) Whoever violates division (A) or (B) of this section is
guilty of failure of a child care center to disclose the death or
serious injury of a child, a misdemeanor of the fourth degree.
Sec. 2923.124. As used in sections 2923.124 to 2923.1213 of
the Revised Code:
(A) "Application form" means the application form prescribed
pursuant to division (A)(1) of section 109.731 of the Revised Code
and includes a copy of that form.
(B) "Competency certification" and "competency certificate"
mean a document of the type described in division (B)(3) of
section 2923.125 of the Revised Code.
(C) "Detention facility" has the same meaning as in section
2921.01 of the Revised Code.
(D) "Licensee" means a person to whom a license to carry a
concealed handgun has been issued under section 2923.125 of the
Revised Code and, except when the context clearly indicates
otherwise, includes a person to whom a temporary emergency license
to carry a concealed handgun has been issued under section
2923.1213 of the Revised Code.
(E) "License fee" or "license renewal fee" means the fee for
a license to carry a concealed handgun or the fee to renew that
license that is prescribed pursuant to division (C) of section
109.731 of the Revised Code and that is to be paid by an applicant
for a license of that type.
(F) "Peace officer" has the same meaning as in section
2935.01 of the Revised Code.
(G) "State correctional institution" has the same meaning as
in section 2967.01 of the Revised Code.
(H) "Valid license" means a license or temporary emergency
license to carry a concealed handgun that has been issued under
section 2923.125 or 2923.1213 of the Revised Code, that is
currently valid, that is not under a suspension under division
(A)(1) of section 2923.128 or under section 2923.1213 of the
Revised Code, and that has not been revoked under division (B)(1)
of section 2923.128 or under section 2923.1213 of the Revised
Code.
(I) "Civil protection order" means a protection order issued,
or consent agreement approved, under section 2903.214 or 3113.31
of the Revised Code.
(J) "Temporary protection order" means a protection order
issued under section 2903.213 or 2919.26 of the Revised Code.
(K) "Protection order issued by a court of another state" has
the same meaning as in section 2919.27 of the Revised Code.
(L) "Child day-care center," "type A family day-care home"
and "type B family day-care home" have the same meanings as in
section 5104.01 of the Revised Code.
(M) "Type C family day-care home" means a family day-care
home authorized to provide child care by Sub. H.B. 62 of the 121st
general assembly, as amended by Am. Sub. S.B. 160 of the 121st
general assembly and Sub. H.B. 407 of the 123rd general assembly.
(N) "Foreign air transportation," "interstate air
transportation," and "intrastate air transportation" have the same
meanings as in 49 U.S.C. 40102, as now or hereafter amended.
(O)(N) "Commercial motor vehicle" has the same meaning as in
division (A) of section 4506.25 of the Revised Code.
(P)(O) "Motor carrier enforcement unit" has the same meaning
as in section 2923.16 of the Revised Code.
Sec. 2923.126. (A) A license to carry a concealed handgun
that is issued under section 2923.125 of the Revised Code on or
after March 14, 2007, shall expire five years after the date of
issuance, and a license that is so issued prior to March 14, 2007,
shall expire four years after the date of issuance. A licensee who
has been issued a license under that section shall be granted a
grace period of thirty days after the licensee's license expires
during which the licensee's license remains valid. Except as
provided in divisions (B) and (C) of this section, a licensee who
has been issued a license under section 2923.125 or 2923.1213 of
the Revised Code may carry a concealed handgun anywhere in this
state if the licensee also carries a valid license and valid
identification when the licensee is in actual possession of a
concealed handgun. The licensee shall give notice of any change in
the licensee's residence address to the sheriff who issued the
license within forty-five days after that change.
If a licensee is the driver or an occupant of a motor vehicle
that is stopped as the result of a traffic stop or a stop for
another law enforcement purpose and if the licensee is
transporting or has a loaded handgun in the motor vehicle at that
time, the licensee shall promptly inform any law enforcement
officer who approaches the vehicle while stopped that the licensee
has been issued a license or temporary emergency license to carry
a concealed handgun and that the licensee currently possesses or
has a loaded handgun; the licensee shall not knowingly disregard
or fail to comply with lawful orders of a law enforcement officer
given while the motor vehicle is stopped, knowingly fail to remain
in the motor vehicle while stopped, or knowingly fail to keep the
licensee's hands in plain sight after any law enforcement officer
begins approaching the licensee while stopped and before the
officer leaves, unless directed otherwise by a law enforcement
officer; and the licensee shall not knowingly remove, attempt to
remove, grasp, or hold the loaded handgun or knowingly have
contact with the loaded handgun by touching it with the licensee's
hands or fingers, in any manner in violation of division (E) of
section 2923.16 of the Revised Code, after any law enforcement
officer begins approaching the licensee while stopped and before
the officer leaves. Additionally, if a licensee is the driver or
an occupant of a commercial motor vehicle that is stopped by an
employee of the motor carrier enforcement unit for the purposes
defined in section 5503.04 of the Revised Code and if the licensee
is transporting or has a loaded handgun in the commercial motor
vehicle at that time, the licensee shall promptly inform the
employee of the unit who approaches the vehicle while stopped that
the licensee has been issued a license or temporary emergency
license to carry a concealed handgun and that the licensee
currently possesses or has a loaded handgun.
If a licensee is stopped for a law enforcement purpose and if
the licensee is carrying a concealed handgun at the time the
officer approaches, the licensee shall promptly inform any law
enforcement officer who approaches the licensee while stopped that
the licensee has been issued a license or temporary emergency
license to carry a concealed handgun and that the licensee
currently is carrying a concealed handgun; the licensee shall not
knowingly disregard or fail to comply with lawful orders of a law
enforcement officer given while the licensee is stopped or
knowingly fail to keep the licensee's hands in plain sight after
any law enforcement officer begins approaching the licensee while
stopped and before the officer leaves, unless directed otherwise
by a law enforcement officer; and the licensee shall not knowingly
remove, attempt to remove, grasp, or hold the loaded handgun or
knowingly have contact with the loaded handgun by touching it with
the licensee's hands or fingers, in any manner in violation of
division (B) of section 2923.12 of the Revised Code, after any law
enforcement officer begins approaching the licensee while stopped
and before the officer leaves.
(B) A valid license issued under section 2923.125 or
2923.1213 of the Revised Code does not authorize the licensee to
carry a concealed handgun in any manner prohibited under division
(B) of section 2923.12 of the Revised Code or in any manner
prohibited under section 2923.16 of the Revised Code. A valid
license does not authorize the licensee to carry a concealed
handgun into any of the following places:
(1) A police station, sheriff's office, or state highway
patrol station, premises controlled by the bureau of criminal
identification and investigation, a state correctional
institution, jail, workhouse, or other detention facility, an
airport passenger terminal, or an institution that is maintained,
operated, managed, and governed pursuant to division (A) of
section 5119.02 of the Revised Code or division (A)(1) of section
5123.03 of the Revised Code;
(2) A school safety zone if the licensee's carrying the
concealed handgun is in violation of section 2923.122 of the
Revised Code;
(3) A courthouse or another building or structure in which a
courtroom is located, in violation of section 2923.123 of the
Revised Code;
(4) Any premises or open air arena for which a D permit has
been issued under Chapter 4303. of the Revised Code if the
licensee's carrying the concealed handgun is in violation of
section 2923.121 of the Revised Code;
(5) Any premises owned or leased by any public or private
college, university, or other institution of higher education,
unless the handgun is in a locked motor vehicle or the licensee is
in the immediate process of placing the handgun in a locked motor
vehicle;
(6) Any church, synagogue, mosque, or other place of worship,
unless the church, synagogue, mosque, or other place of worship
posts or permits otherwise;
(7) A child day-care center, a type A family day-care home,
or a type B family day-care home, or a type C family day-care
home, except that this division does not prohibit a licensee who
resides in a type A family day-care home, or a type B family
day-care home, or a type C family day-care home from carrying a
concealed handgun at any time in any part of the home that is not
dedicated or used for day-care purposes, or from carrying a
concealed handgun in a part of the home that is dedicated or used
for day-care purposes at any time during which no children, other
than children of that licensee, are in the home;
(8) An aircraft that is in, or intended for operation in,
foreign air transportation, interstate air transportation,
intrastate air transportation, or the transportation of mail by
aircraft;
(9) Any building that is a government facility of this state
or a political subdivision of this state and that is not a
building that is used primarily as a shelter, restroom, parking
facility for motor vehicles, or rest facility and is not a
courthouse or other building or structure in which a courtroom is
located that is subject to division (B)(3) of this section;
(10) A place in which federal law prohibits the carrying of
handguns.
(C)(1) Nothing in this section shall negate or restrict a
rule, policy, or practice of a private employer that is not a
private college, university, or other institution of higher
education concerning or prohibiting the presence of firearms on
the private employer's premises or property, including motor
vehicles owned by the private employer. Nothing in this section
shall require a private employer of that nature to adopt a rule,
policy, or practice concerning or prohibiting the presence of
firearms on the private employer's premises or property, including
motor vehicles owned by the private employer.
(2)(a) A private employer shall be immune from liability in a
civil action for any injury, death, or loss to person or property
that allegedly was caused by or related to a licensee bringing a
handgun onto the premises or property of the private employer,
including motor vehicles owned by the private employer, unless the
private employer acted with malicious purpose. A private employer
is immune from liability in a civil action for any injury, death,
or loss to person or property that allegedly was caused by or
related to the private employer's decision to permit a licensee to
bring, or prohibit a licensee from bringing, a handgun onto the
premises or property of the private employer. As used in this
division, "private employer" includes a private college,
university, or other institution of higher education.
(b) A political subdivision shall be immune from liability in
a civil action, to the extent and in the manner provided in
Chapter 2744. of the Revised Code, for any injury, death, or loss
to person or property that allegedly was caused by or related to a
licensee bringing a handgun onto any premises or property owned,
leased, or otherwise under the control of the political
subdivision. As used in this division, "political subdivision" has
the same meaning as in section 2744.01 of the Revised Code.
(3)(a) Except as provided in division (C)(3)(b) of this
section, the owner or person in control of private land or
premises, and a private person or entity leasing land or premises
owned by the state, the United States, or a political subdivision
of the state or the United States, may post a sign in a
conspicuous location on that land or on those premises prohibiting
persons from carrying firearms or concealed firearms on or onto
that land or those premises. Except as otherwise provided in this
division, a person who knowingly violates a posted prohibition of
that nature is guilty of criminal trespass in violation of
division (A)(4) of section 2911.21 of the Revised Code and is
guilty of a misdemeanor of the fourth degree. If a person
knowingly violates a posted prohibition of that nature and the
posted land or premises primarily was a parking lot or other
parking facility, the person is not guilty of criminal trespass in
violation of division (A)(4) of section 2911.21 of the Revised
Code and instead is subject only to a civil cause of action for
trespass based on the violation.
(b) A landlord may not prohibit or restrict a tenant who is a
licensee and who on or after the effective date of this amendment
September 9, 2008, enters into a rental agreement with the
landlord for the use of residential premises, and the tenant's
guest while the tenant is present, from lawfully carrying or
possessing a handgun on those residential premises.
(c) As used in division (C)(3) of this section:
(i) "Residential premises" has the same meaning as in section
5321.01 of the Revised Code, except "residential premises" does
not include a dwelling unit that is owned or operated by a college
or university.
(ii) "Landlord," "tenant," and "rental agreement" have the
same meanings as in section 5321.01 of the Revised Code.
(D) A person who holds a license to carry a concealed handgun
that was issued pursuant to the law of another state that is
recognized by the attorney general pursuant to a reciprocity
agreement entered into pursuant to section 109.69 of the Revised
Code has the same right to carry a concealed handgun in this state
as a person who was issued a license to carry a concealed handgun
under section 2923.125 of the Revised Code and is subject to the
same restrictions that apply to a person who carries a license
issued under that section.
(E) A peace officer has the same right to carry a concealed
handgun in this state as a person who was issued a license to
carry a concealed handgun under section 2923.125 of the Revised
Code. For purposes of reciprocity with other states, a peace
officer shall be considered to be a licensee in this state.
(F)(1) A qualified retired peace officer who possesses a
retired peace officer identification card issued pursuant to
division (F)(2) of this section and a valid firearms
requalification certification issued pursuant to division (F)(3)
of this section has the same right to carry a concealed handgun in
this state as a person who was issued a license to carry a
concealed handgun under section 2923.125 of the Revised Code and
is subject to the same restrictions that apply to a person who
carries a license issued under that section. For purposes of
reciprocity with other states, a qualified retired peace officer
who possesses a retired peace officer identification card issued
pursuant to division (F)(2) of this section and a valid firearms
requalification certification issued pursuant to division (F)(3)
of this section shall be considered to be a licensee in this
state.
(2)(a) Each public agency of this state or of a political
subdivision of this state that is served by one or more peace
officers shall issue a retired peace officer identification card
to any person who retired from service as a peace officer with
that agency, if the issuance is in accordance with the agency's
policies and procedures and if the person, with respect to the
person's service with that agency, satisfies all of the following:
(i) The person retired in good standing from service as a
peace officer with the public agency, and the retirement was not
for reasons of mental instability.
(ii) Before retiring from service as a peace officer with
that agency, the person was authorized to engage in or supervise
the prevention, detection, investigation, or prosecution of, or
the incarceration of any person for, any violation of law and the
person had statutory powers of arrest.
(iii) At the time of the person's retirement as a peace
officer with that agency, the person was trained and qualified to
carry firearms in the performance of the peace officer's duties.
(iv) Before retiring from service as a peace officer with
that agency, the person was regularly employed as a peace officer
for an aggregate of fifteen years or more, or, in the alternative,
the person retired from service as a peace officer with that
agency, after completing any applicable probationary period of
that service, due to a service-connected disability, as determined
by the agency.
(b) A retired peace officer identification card issued to a
person under division (F)(2)(a) of this section shall identify the
person by name, contain a photograph of the person, identify the
public agency of this state or of the political subdivision of
this state from which the person retired as a peace officer and
that is issuing the identification card, and specify that the
person retired in good standing from service as a peace officer
with the issuing public agency and satisfies the criteria set
forth in divisions (F)(2)(a)(i) to (iv) of this section. In
addition to the required content specified in this division, a
retired peace officer identification card issued to a person under
division (F)(2)(a) of this section may include the firearms
requalification certification described in division (F)(3) of this
section, and if the identification card includes that
certification, the identification card shall serve as the firearms
requalification certification for the retired peace officer. If
the issuing public agency issues credentials to active law
enforcement officers who serve the agency, the agency may comply
with division (F)(2)(a) of this section by issuing the same
credentials to persons who retired from service as a peace officer
with the agency and who satisfy the criteria set forth in
divisions (F)(2)(a)(i) to (iv) of this section, provided that the
credentials so issued to retired peace officers are stamped with
the word "RETIRED."
(c) A public agency of this state or of a political
subdivision of this state may charge persons who retired from
service as a peace officer with the agency a reasonable fee for
issuing to the person a retired peace officer identification card
pursuant to division (F)(2)(a) of this section.
(3) If a person retired from service as a peace officer with
a public agency of this state or of a political subdivision of
this state and the person satisfies the criteria set forth in
divisions (F)(2)(a)(i) to (iv) of this section, the public agency
may provide the retired peace officer with the opportunity to
attend a firearms requalification program that is approved for
purposes of firearms requalification required under section
109.801 of the Revised Code. The retired peace officer may be
required to pay the cost of the course.
If a retired peace officer who satisfies the criteria set
forth in divisions (F)(2)(a)(i) to (iv) of this section attends a
firearms requalification program that is approved for purposes of
firearms requalification required under section 109.801 of the
Revised Code, the retired peace officer's successful completion of
the firearms requalification program requalifies the retired peace
officer for purposes of division (F) of this section for five
years from the date on which the program was successfully
completed, and the requalification is valid during that five-year
period. If a retired peace officer who satisfies the criteria set
forth in divisions (F)(2)(a)(i) to (iv) of this section
satisfactorily completes such a firearms requalification program,
the retired peace officer shall be issued a firearms
requalification certification that identifies the retired peace
officer by name, identifies the entity that taught the program,
specifies that the retired peace officer successfully completed
the program, specifies the date on which the course was
successfully completed, and specifies that the requalification is
valid for five years from that date of successful completion. The
firearms requalification certification for a retired peace officer
may be included in the retired peace officer identification card
issued to the retired peace officer under division (F)(2) of this
section.
A retired peace officer who attends a firearms
requalification program that is approved for purposes of firearms
requalification required under section 109.801 of the Revised Code
may be required to pay the cost of the program.
(G) As used in this section:
(1) "Qualified retired peace officer" means a person who
satisfies all of the following:
(a) The person satisfies the criteria set forth in divisions
(F)(2)(a)(i) to (v) of this section.
(b) The person is not under the influence of alcohol or
another intoxicating or hallucinatory drug or substance.
(c) The person is not prohibited by federal law from
receiving firearms.
(2) "Retired peace officer identification card" means an
identification card that is issued pursuant to division (F)(2) of
this section to a person who is a retired peace officer.
(3) "Government facility of this state or a political
subdivision of this state" means any of the following:
(a) A building or part of a building that is owned or leased
by the government of this state or a political subdivision of this
state and where employees of the government of this state or the
political subdivision regularly are present for the purpose of
performing their official duties as employees of the state or
political subdivision;
(b) The office of a deputy registrar serving pursuant to
Chapter 4503. of the Revised Code that is used to perform deputy
registrar functions.
Sec. 2923.1212. (A) The following persons, boards, and
entities, or designees, shall post in the following locations a
sign that contains a statement in substantially the following
form: "Unless otherwise authorized by law, pursuant to the Ohio
Revised Code, no person shall knowingly possess, have under the
person's control, convey, or attempt to convey a deadly weapon or
dangerous ordnance onto these premises.":
(1) The director of public safety or the person or board
charged with the erection, maintenance, or repair of police
stations, municipal jails, and the municipal courthouse and
courtrooms in a conspicuous location at all police stations,
municipal jails, and municipal courthouses and courtrooms;
(2) The sheriff or sheriff's designee who has charge of the
sheriff's office in a conspicuous location in that office;
(3) The superintendent of the state highway patrol or the
superintendent's designee in a conspicuous location at all state
highway patrol stations;
(4) Each sheriff, chief of police, or person in charge of
every county, multicounty, municipal, municipal-county, or
multicounty-municipal jail or workhouse, community-based
correctional facility, halfway house, alternative residential
facility, or other local or state correctional institution or
detention facility within the state, or that person's designee, in
a conspicuous location at that facility under that person's
charge;
(5) The board of trustees of a regional airport authority,
chief administrative officer of an airport facility, or other
person in charge of an airport facility in a conspicuous location
at each airport facility under that person's control;
(6) The officer or officer's designee who has charge of a
courthouse or the building or structure in which a courtroom is
located in a conspicuous location in that building or structure;
(7) The superintendent of the bureau of criminal
identification and investigation or the superintendent's designee
in a conspicuous location in all premises controlled by that
bureau;
(8) The owner, administrator, or operator of a child day-care
center, a type A family day-care home, or a type B family day-care
home, or a type C family day-care home;
(9) The officer of this state or of a political subdivision
of this state, or the officer's designee, who has charge of a
building that is a government facility of this state or the
political subdivision of this state, as defined in section
2923.126 of the Revised Code, and that is not a building that is
used primarily as a shelter, restroom, parking facility for motor
vehicles, or rest facility and is not a courthouse or other
building or structure in which a courtroom is located that is
subject to division (B)(3) of that section.
(B) The following boards, bodies, and persons, or designees,
shall post in the following locations a sign that contains a
statement in substantially the following form: "Unless otherwise
authorized by law, pursuant to Ohio Revised Code section 2923.122,
no person shall knowingly possess, have under the person's
control, convey, or attempt to convey a deadly weapon or dangerous
ordnance into a school safety zone.":
(1) A board of education of a city, local, exempted village,
or joint vocational school district or that board's designee in a
conspicuous location in each building and on each parcel of real
property owned or controlled by the board;
(2) A governing body of a school for which the state board of
education prescribes minimum standards under section 3301.07 of
the Revised Code or that body's designee in a conspicuous location
in each building and on each parcel of real property owned or
controlled by the school;
(3) The principal or chief administrative officer of a
nonpublic school in a conspicuous location on property owned or
controlled by that nonpublic school.
Sec. 2950.11. (A) Regardless of when the sexually oriented
offense or child-victim oriented offense was committed, if a
person is convicted of, pleads guilty to, has been convicted of,
or has pleaded guilty to a sexually oriented offense or a
child-victim oriented offense or a person is or has been
adjudicated a delinquent child for committing a sexually oriented
offense or a child-victim oriented offense and is classified a
juvenile offender registrant or is an out-of-state juvenile
offender registrant based on that adjudication, and if the
offender or delinquent child is in any category specified in
division (F)(1)(a), (b), or (c) of this section, the sheriff with
whom the offender or delinquent child has most recently registered
under section 2950.04, 2950.041, or 2950.05 of the Revised Code
and the sheriff to whom the offender or delinquent child most
recently sent a notice of intent to reside under section 2950.04
or 2950.041 of the Revised Code, within the period of time
specified in division (C) of this section, shall provide a written
notice containing the information set forth in division (B) of
this section to all of the persons described in divisions (A)(1)
to (10) of this section. If the sheriff has sent a notice to the
persons described in those divisions as a result of receiving a
notice of intent to reside and if the offender or delinquent child
registers a residence address that is the same residence address
described in the notice of intent to reside, the sheriff is not
required to send an additional notice when the offender or
delinquent child registers. The sheriff shall provide the notice
to all of the following persons:
(1)(a) Any occupant of each residential unit that is located
within one thousand feet of the offender's or delinquent child's
residential premises, that is located within the county served by
the sheriff, and that is not located in a multi-unit building.
Division (D)(3) of this section applies regarding notices required
under this division.
(b) If the offender or delinquent child resides in a
multi-unit building, any occupant of each residential unit that is
located in that multi-unit building and that shares a common
hallway with the offender or delinquent child. For purposes of
this division, an occupant's unit shares a common hallway with the
offender or delinquent child if the entrance door into the
occupant's unit is located on the same floor and opens into the
same hallway as the entrance door to the unit the offender or
delinquent child occupies. Division (D)(3) of this section applies
regarding notices required under this division.
(c) The building manager, or the person the building owner or
condominium unit owners association authorizes to exercise
management and control, of each multi-unit building that is
located within one thousand feet of the offender's or delinquent
child's residential premises, including a multi-unit building in
which the offender or delinquent child resides, and that is
located within the county served by the sheriff. In addition to
notifying the building manager or the person authorized to
exercise management and control in the multi-unit building under
this division, the sheriff shall post a copy of the notice
prominently in each common entryway in the building and any other
location in the building the sheriff determines appropriate. The
manager or person exercising management and control of the
building shall permit the sheriff to post copies of the notice
under this division as the sheriff determines appropriate. In lieu
of posting copies of the notice as described in this division, a
sheriff may provide notice to all occupants of the multi-unit
building by mail or personal contact; if the sheriff so notifies
all the occupants, the sheriff is not required to post copies of
the notice in the common entryways to the building. Division
(D)(3) of this section applies regarding notices required under
this division.
(d) All additional persons who are within any category of
neighbors of the offender or delinquent child that the attorney
general by rule adopted under section 2950.13 of the Revised Code
requires to be provided the notice and who reside within the
county served by the sheriff;
(2) The executive director of the public children services
agency that has jurisdiction within the specified geographical
notification area and that is located within the county served by
the sheriff;
(3)(a) The superintendent of each board of education of a
school district that has schools within the specified geographical
notification area and that is located within the county served by
the sheriff;
(b) The principal of the school within the specified
geographical notification area and within the county served by the
sheriff that the delinquent child attends;
(c) If the delinquent child attends a school outside of the
specified geographical notification area or outside of the school
district where the delinquent child resides, the superintendent of
the board of education of a school district that governs the
school that the delinquent child attends and the principal of the
school that the delinquent child attends.
(4)(a) The appointing or hiring officer of each chartered
nonpublic school located within the specified geographical
notification area and within the county served by the sheriff or
of each other school located within the specified geographical
notification area and within the county served by the sheriff and
that is not operated by a board of education described in division
(A)(3) of this section;
(b) Regardless of the location of the school, the appointing
or hiring officer of a chartered nonpublic school that the
delinquent child attends.
(5) The director, head teacher, elementary principal, or site
administrator of each preschool program governed by Chapter 3301.
of the Revised Code that is located within the specified
geographical notification area and within the county served by the
sheriff;
(6) The administrator of each child day-care center or type A
family day-care home that is located within the specified
geographical notification area and within the county served by the
sheriff, and the provider of each
certified holder of a license to
operate a type B family day-care home that is located within the
specified geographical notification area and within the county
served by the sheriff. As used in this division, "child day-care
center," "type A family day-care home," and "certified type B
family day-care home" have the same meanings as in section 5104.01
of the Revised Code.
(7) The president or other chief administrative officer of
each institution of higher education, as defined in section
2907.03 of the Revised Code, that is located within the specified
geographical notification area and within the county served by the
sheriff, and the chief law enforcement officer of the state
university law enforcement agency or campus police department
established under section 3345.04 or 1713.50 of the Revised Code,
if any, that serves that institution;
(8) The sheriff of each county that includes any portion of
the specified geographical notification area;
(9) If the offender or delinquent child resides within the
county served by the sheriff, the chief of police, marshal, or
other chief law enforcement officer of the municipal corporation
in which the offender or delinquent child resides or, if the
offender or delinquent child resides in an unincorporated area,
the constable or chief of the police department or police district
police force of the township in which the offender or delinquent
child resides;
(10) Volunteer organizations in which contact with minors or
other vulnerable individuals might occur or any organization,
company, or individual who requests notification as provided in
division (J) of this section.
(B) The notice required under division (A) of this section
shall include all of the following information regarding the
subject offender or delinquent child:
(1) The offender's or delinquent child's name;
(2) The address or addresses of the offender's or public
registry-qualified juvenile offender registrant's residence,
school, institution of higher education, or place of employment,
as applicable, or the residence address or addresses of a
delinquent child who is not a public registry-qualified juvenile
offender registrant;
(3) The sexually oriented offense or child-victim oriented
offense of which the offender was convicted, to which the offender
pleaded guilty, or for which the child was adjudicated a
delinquent child;
(4) A statement that identifies the category specified in
division (F)(1)(a), (b), or (c) of this section that includes the
offender or delinquent child and that subjects the offender or
delinquent child to this section;
(5) The offender's or delinquent child's photograph.
(C) If a sheriff with whom an offender or delinquent child
registers under section 2950.04, 2950.041, or 2950.05 of the
Revised Code or to whom the offender or delinquent child most
recently sent a notice of intent to reside under section 2950.04
or 2950.041 of the Revised Code is required by division (A) of
this section to provide notices regarding an offender or
delinquent child and if, pursuant to that requirement, the sheriff
provides a notice to a sheriff of one or more other counties in
accordance with division (A)(8) of this section, the sheriff of
each of the other counties who is provided notice under division
(A)(8) of this section shall provide the notices described in
divisions (A)(1) to (7) and (A)(9) and (10) of this section to
each person or entity identified within those divisions that is
located within the specified geographical notification area and
within the county served by the sheriff in question.
(D)(1) A sheriff required by division (A) or (C) of this
section to provide notices regarding an offender or delinquent
child shall provide the notice to the neighbors that are described
in division (A)(1) of this section and the notices to law
enforcement personnel that are described in divisions (A)(8) and
(9) of this section as soon as practicable, but no later than five
days after the offender sends the notice of intent to reside to
the sheriff and again no later than five days after the offender
or delinquent child registers with the sheriff or, if the sheriff
is required by division (C) of this section to provide the
notices, no later than five days after the sheriff is provided the
notice described in division (A)(8) of this section.
A sheriff required by division (A) or (C) of this section to
provide notices regarding an offender or delinquent child shall
provide the notices to all other specified persons that are
described in divisions (A)(2) to (7) and (A)(10) of this section
as soon as practicable, but not later than seven days after the
offender or delinquent child registers with the sheriff or, if the
sheriff is required by division (C) of this section to provide the
notices, no later than five days after the sheriff is provided the
notice described in division (A)(8) of this section.
(2) If an offender or delinquent child in relation to whom
division (A) of this section applies verifies the offender's or
delinquent child's current residence, school, institution of
higher education, or place of employment address, as applicable,
with a sheriff pursuant to section 2950.06 of the Revised Code,
the sheriff may provide a written notice containing the
information set forth in division (B) of this section to the
persons identified in divisions (A)(1) to (10) of this section. If
a sheriff provides a notice pursuant to this division to the
sheriff of one or more other counties in accordance with division
(A)(8) of this section, the sheriff of each of the other counties
who is provided the notice under division (A)(8) of this section
may provide, but is not required to provide, a written notice
containing the information set forth in division (B) of this
section to the persons identified in divisions (A)(1) to (7) and
(A)(9) and (10) of this section.
(3) A sheriff may provide notice under division (A)(1)(a) or
(b) of this section, and may provide notice under division
(A)(1)(c) of this section to a building manager or person
authorized to exercise management and control of a building, by
mail, by personal contact, or by leaving the notice at or under
the entry door to a residential unit. For purposes of divisions
(A)(1)(a) and (b) of this section, and the portion of division
(A)(1)(c) of this section relating to the provision of notice to
occupants of a multi-unit building by mail or personal contact,
the provision of one written notice per unit is deemed as
providing notice to all occupants of that unit.
(E) All information that a sheriff possesses regarding an
offender or delinquent child who is in a category specified in
division (F)(1)(a), (b), or (c) of this section that is described
in division (B) of this section and that must be provided in a
notice required under division (A) or (C) of this section or that
may be provided in a notice authorized under division (D)(2) of
this section is a public record that is open to inspection under
section 149.43 of the Revised Code.
The sheriff shall not cause to be publicly disseminated by
means of the internet any of the information described in this
division that is provided by a delinquent child unless that child
is in a category specified in division (F)(1)(a), (b), or (c) of
this section.
(F)(1) Except as provided in division (F)(2) of this section,
the duties to provide the notices described in divisions (A) and
(C) of this section apply regarding any offender or delinquent
child who is in any of the following categories:
(a) The offender is a tier III sex offender/child-victim
offender, or the delinquent child is a public registry-qualified
juvenile offender registrant, and a juvenile court has not removed
pursuant to section 2950.15 of the Revised Code the delinquent
child's duty to comply with sections 2950.04, 2950.041, 2950.05,
and 2950.06 of the Revised Code.
(b) The delinquent child is a tier III sex
offender/child-victim offender who is not a public-registry
qualified public registry-qualified juvenile offender registrant,
the delinquent child was subjected to this section prior to the
effective date of this amendment January 1, 2008, as a sexual
predator, habitual sex offender, child-victim predator, or
habitual child-victim offender, as those terms were defined in
section 2950.01 of the Revised Code as it existed prior to the
effective date of this amendment January 1, 2008, and a juvenile
court has not removed pursuant to section 2152.84 or 2152.85 of
the Revised Code the delinquent child's duty to comply with
sections 2950.04, 2950.041, 2950.05, and 2950.06 of the Revised
Code.
(c) The delinquent child is a tier III sex
offender/child-victim offender who is not a public
registry-qualified juvenile offender registrant, the delinquent
child was classified a juvenile offender registrant on or after
the effective date of this amendment January 1, 2008, the court
has imposed a requirement under section 2152.82, 2152.83, or
2152.84 of the Revised Code subjecting the delinquent child to
this section, and a juvenile court has not removed pursuant to
section 2152.84 or 2152.85 of the Revised Code the delinquent
child's duty to comply with sections 2950.04, 2950.041, 2950.05,
and 2950.06 of the Revised Code.
(2) The notification provisions of this section do not apply
to a person described in division (F)(1)(a), (b), or (c) of this
section if a court finds at a hearing after considering the
factors described in this division that the person would not be
subject to the notification provisions of this section that were
in the version of this section that existed immediately prior to
the effective date of this amendment January 1, 2008. In making
the determination of whether a person would have been subject to
the notification provisions under prior law as described in this
division, the court shall consider the following factors:
(a) The offender's or delinquent child's age;
(b) The offender's or delinquent child's prior criminal or
delinquency record regarding all offenses, including, but not
limited to, all sexual offenses;
(c) The age of the victim of the sexually oriented offense
for which sentence is to be imposed or the order of disposition is
to be made;
(d) Whether the sexually oriented offense for which sentence
is to be imposed or the order of disposition is to be made
involved multiple victims;
(e) Whether the offender or delinquent child used drugs or
alcohol to impair the victim of the sexually oriented offense or
to prevent the victim from resisting;
(f) If the offender or delinquent child previously has been
convicted of or pleaded guilty to, or been adjudicated a
delinquent child for committing an act that if committed by an
adult would be, a criminal offense, whether the offender or
delinquent child completed any sentence or dispositional order
imposed for the prior offense or act and, if the prior offense or
act was a sex offense or a sexually oriented offense, whether the
offender or delinquent child participated in available programs
for sexual offenders;
(g) Any mental illness or mental disability of the offender
or delinquent child;
(h) The nature of the offender's or delinquent child's sexual
conduct, sexual contact, or interaction in a sexual context with
the victim of the sexually oriented offense and whether the sexual
conduct, sexual contact, or interaction in a sexual context was
part of a demonstrated pattern of abuse;
(i) Whether the offender or delinquent child, during the
commission of the sexually oriented offense for which sentence is
to be imposed or the order of disposition is to be made, displayed
cruelty or made one or more threats of cruelty;
(j) Whether the offender or delinquent child would have been
a habitual sex offender or a habitual child victim offender under
the definitions of those terms set forth in section 2950.01 of the
Revised Code as that section existed prior to the effective date
of this amendment January 1, 2008;
(k) Any additional behavioral characteristics that contribute
to the offender's or delinquent child's conduct.
(G)(1) The department of job and family services shall
compile, maintain, and update in January and July of each year, a
list of all agencies, centers, or homes of a type described in
division (A)(2) or (6) of this section that contains the name of
each agency, center, or home of that type, the county in which it
is located, its address and telephone number, and the name of an
administrative officer or employee of the agency, center, or home.
(2) The department of education shall compile, maintain, and
update in January and July of each year, a list of all boards of
education, schools, or programs of a type described in division
(A)(3), (4), or (5) of this section that contains the name of each
board of education, school, or program of that type, the county in
which it is located, its address and telephone number, the name of
the superintendent of the board or of an administrative officer or
employee of the school or program, and, in relation to a board of
education, the county or counties in which each of its schools is
located and the address of each such school.
(3) The Ohio board of regents shall compile, maintain, and
update in January and July of each year, a list of all
institutions of a type described in division (A)(7) of this
section that contains the name of each such institution, the
county in which it is located, its address and telephone number,
and the name of its president or other chief administrative
officer.
(4) A sheriff required by division (A) or (C) of this
section, or authorized by division (D)(2) of this section, to
provide notices regarding an offender or delinquent child, or a
designee of a sheriff of that type, may request the department of
job and family services, department of education, or Ohio board of
regents, by telephone, in person, or by mail, to provide the
sheriff or designee with the names, addresses, and telephone
numbers of the appropriate persons and entities to whom the
notices described in divisions (A)(2) to (7) of this section are
to be provided. Upon receipt of a request, the department or board
shall provide the requesting sheriff or designee with the names,
addresses, and telephone numbers of the appropriate persons and
entities to whom those notices are to be provided.
(H)(1) Upon the motion of the offender or the prosecuting
attorney of the county in which the offender was convicted of or
pleaded guilty to the sexually oriented offense or child-victim
oriented offense for which the offender is subject to community
notification under this section, or upon the motion of the
sentencing judge or that judge's successor in office, the judge
may schedule a hearing to determine whether the interests of
justice would be served by suspending the community notification
requirement under this section in relation to the offender. The
judge may dismiss the motion without a hearing but may not issue
an order suspending the community notification requirement without
a hearing. At the hearing, all parties are entitled to be heard,
and the judge shall consider all of the factors set forth in
division (K) of this section. If, at the conclusion of the
hearing, the judge finds that the offender has proven by clear and
convincing evidence that the offender is unlikely to commit in the
future a sexually oriented offense or a child-victim oriented
offense and if the judge finds that suspending the community
notification requirement is in the interests of justice, the judge
may suspend the application of this section in relation to the
offender. The order shall contain both of these findings.
The judge promptly shall serve a copy of the order upon the
sheriff with whom the offender most recently registered under
section 2950.04, 2950.041, or 2950.05 of the Revised Code and upon
the bureau of criminal identification and investigation.
An order suspending the community notification requirement
does not suspend or otherwise alter an offender's duties to comply
with sections 2950.04, 2950.041, 2950.05, and 2950.06 of the
Revised Code and does not suspend the victim notification
requirement under section 2950.10 of the Revised Code.
(2) A prosecuting attorney, a sentencing judge or that
judge's successor in office, and an offender who is subject to the
community notification requirement under this section may
initially make a motion under division (H)(1) of this section upon
the expiration of twenty years after the offender's duty to comply
with division (A)(2), (3), or (4) of section 2950.04, division
(A)(2), (3), or (4) of section 2950.041 and sections 2950.05 and
2950.06 of the Revised Code begins in relation to the offense for
which the offender is subject to community notification. After the
initial making of a motion under division (H)(1) of this section,
thereafter, the prosecutor, judge, and offender may make a
subsequent motion under that division upon the expiration of five
years after the judge has entered an order denying the initial
motion or the most recent motion made under that division.
(3) The offender and the prosecuting attorney have the right
to appeal an order approving or denying a motion made under
division (H)(1) of this section.
(4) Divisions (H)(1) to (3) of this section do not apply to
any of the following types of offender:
(a) A person who is convicted of or pleads guilty to a
violent sex offense or designated homicide, assault, or kidnapping
offense and who, in relation to that offense, is adjudicated a
sexually violent predator;
(b) A person who is convicted of or pleads guilty to a
sexually oriented offense that is a violation of division
(A)(1)(b) of section 2907.02 of the Revised Code committed on or
after January 2, 2007, and either who is sentenced under section
2971.03 of the Revised Code or upon whom a sentence of life
without parole is imposed under division (B) of section 2907.02 of
the Revised Code;
(c) A person who is convicted of or pleads guilty to a
sexually oriented offense that is attempted rape committed on or
after January 2, 2007, and who also is convicted of or pleads
guilty to a specification of the type described in section
2941.1418, 2941.1419, or 2941.1420 of the Revised Code;
(d) A person who is convicted of or pleads guilty to an
offense described in division (B)(3)(a), (b), (c), or (d) of
section 2971.03 of the Revised Code and who is sentenced for that
offense pursuant to that division;
(e) An offender who is in a category specified in division
(F)(1)(a), (b), or (c) of this section and who, subsequent to
being subjected to community notification, has pleaded guilty to
or been convicted of a sexually oriented offense or child-victim
oriented offense.
(I) If a person is convicted of, pleads guilty to, has been
convicted of, or has pleaded guilty to a sexually oriented offense
or a child-victim oriented offense or a person is or has been
adjudicated a delinquent child for committing a sexually oriented
offense or a child-victim oriented offense and is classified a
juvenile offender registrant or is an out-of-state juvenile
offender registrant based on that adjudication, and if the
offender or delinquent child is not in any category specified in
division (F)(1)(a), (b), or (c) of this section, the sheriff with
whom the offender or delinquent child has most recently registered
under section 2950.04, 2950.041, or 2950.05 of the Revised Code
and the sheriff to whom the offender or delinquent child most
recently sent a notice of intent to reside under section 2950.04
or 2950.041 of the Revised Code, within the period of time
specified in division (D) of this section, shall provide a written
notice containing the information set forth in division (B) of
this section to the executive director of the public children
services agency that has jurisdiction within the specified
geographical notification area and that is located within the
county served by the sheriff.
(J) Each sheriff shall allow a volunteer organization or
other organization, company, or individual who wishes to receive
the notice described in division (A)(10) of this section regarding
a specific offender or delinquent child or notice regarding all
offenders and delinquent children who are located in the specified
geographical notification area to notify the sheriff by electronic
mail or through the sheriff's web site of this election. The
sheriff shall promptly inform the bureau of criminal
identification and investigation of these requests in accordance
with the forwarding procedures adopted by the attorney general
pursuant to section 2950.13 of the Revised Code.
(K) In making a determination under division (H)(1) of this
section as to whether to suspend the community notification
requirement under this section for an offender, the judge shall
consider all relevant factors, including, but not limited to, all
of the following:
(2) The offender's prior criminal or delinquency record
regarding all offenses, including, but not limited to, all
sexually oriented offenses or child-victim oriented offenses;
(3) The age of the victim of the sexually oriented offense or
child-victim oriented offense the offender committed;
(4) Whether the sexually oriented offense or child-victim
oriented offense the offender committed involved multiple victims;
(5) Whether the offender used drugs or alcohol to impair the
victim of the sexually oriented offense or child-victim oriented
offense the offender committed or to prevent the victim from
resisting;
(6) If the offender previously has been convicted of, pleaded
guilty to, or been adjudicated a delinquent child for committing
an act that if committed by an adult would be a criminal offense,
whether the offender completed any sentence or dispositional order
imposed for the prior offense or act and, if the prior offense or
act was a sexually oriented offense or a child-victim oriented
offense, whether the offender or delinquent child participated in
available programs for sex offenders or child-victim offenders;
(7) Any mental illness or mental disability of the offender;
(8) The nature of the offender's sexual conduct, sexual
contact, or interaction in a sexual context with the victim of the
sexually oriented offense the offender committed or the nature of
the offender's interaction in a sexual context with the victim of
the child-victim oriented offense the offender committed,
whichever is applicable, and whether the sexual conduct, sexual
contact, or interaction in a sexual context was part of a
demonstrated pattern of abuse;
(9) Whether the offender, during the commission of the
sexually oriented offense or child-victim oriented offense the
offender committed, displayed cruelty or made one or more threats
of cruelty;
(10) Any additional behavioral characteristics that
contribute to the offender's conduct.
(L) As used in this section, "specified geographical
notification area" means the geographic area or areas within which
the attorney general, by rule adopted under section 2950.13 of the
Revised Code, requires the notice described in division (B) of
this section to be given to the persons identified in divisions
(A)(2) to (8) of this section.
Sec. 2950.13. (A) The attorney general shall do all of the
following:
(1) No later than July 1, 1997, establish and maintain a
state registry of sex offenders and child-victim offenders that is
housed at the bureau of criminal identification and investigation
and that contains all of the registration, change of residence,
school, institution of higher education, or place of employment
address, and verification information the bureau receives pursuant
to sections 2950.04, 2950.041, 2950.05, and 2950.06 of the Revised
Code regarding each person who is convicted of, pleads guilty to,
has been convicted of, or has pleaded guilty to a sexually
oriented offense or a child-victim oriented offense and each
person who is or has been adjudicated a delinquent child for
committing a sexually oriented offense or a child-victim oriented
offense and is classified a juvenile offender registrant or is an
out-of-state juvenile offender registrant based on that
adjudication, all of the information the bureau receives pursuant
to section 2950.14 of the Revised Code, and any notice of an order
terminating or modifying an offender's or delinquent child's duty
to comply with sections 2950.04, 2950.041, 2950.05, and 2950.06 of
the Revised Code the bureau receives pursuant to section 2152.84,
2152.85, or 2950.15 of the Revised Code. For a person who was
convicted of or pleaded guilty to the sexually oriented offense or
child-victim related offense, the registry also shall indicate
whether the person was convicted of or pleaded guilty to the
offense in a criminal prosecution or in a serious youthful
offender case. The registry shall not be open to inspection by the
public or by any person other than a person identified in division
(A) of section 2950.08 of the Revised Code. In addition to the
information and material previously identified in this division,
the registry shall include all of the following regarding each
person who is listed in the registry:
(a) A citation for, and the name of, all sexually oriented
offenses or child-victim oriented offenses of which the person was
convicted, to which the person pleaded guilty, or for which the
person was adjudicated a delinquent child and that resulted in a
registration duty, and the date on which those offenses were
committed;
(b) The text of the sexually oriented offenses or
child-victim oriented offenses identified in division (A)(1)(a) of
this section as those offenses existed at the time the person was
convicted of, pleaded guilty to, or was adjudicated a delinquent
child for committing those offenses, or a link to a database that
sets forth the text of those offenses;
(c) A statement as to whether the person is a tier I sex
offender/child-victim offender, a tier II sex
offender/child-victim offender, or a tier III sex
offender/child-victim offender for the sexually oriented offenses
or child-victim oriented offenses identified in division (A)(1)(a)
of this section;
(d) The community supervision status of the person,
including, but not limited to, whether the person is serving a
community control sanction and the nature of any such sanction,
whether the person is under supervised release and the nature of
the release, or regarding a juvenile, whether the juvenile is
under any type of release authorized under Chapter 2152. or 5139.
of the Revised Code and the nature of any such release;
(e) The offense and delinquency history of the person, as
determined from information gathered or provided under sections
109.57 and 2950.14 of the Revised Code;
(f) The bureau of criminal identification and investigation
tracking number assigned to the person if one has been so
assigned, the federal bureau of investigation number assigned to
the person if one has been assigned and the bureau of criminal
identification and investigation is aware of the number, and any
other state identification number assigned to the person of which
the bureau is aware;
(g) Fingerprints and palmprints of the person;
(h) A DNA specimen, as defined in section 109.573 of the
Revised Code, from the person;
(i) Whether the person has any outstanding arrest warrants;
(j) Whether the person is in compliance with the person's
duties under this chapter.
(2) In consultation with local law enforcement
representatives and no later than July 1, 1997, adopt rules that
contain guidelines necessary for the implementation of this
chapter;
(3) In consultation with local law enforcement
representatives, adopt rules for the implementation and
administration of the provisions contained in section 2950.11 of
the Revised Code that pertain to the notification of neighbors of
an offender or a delinquent child who has committed a sexually
oriented offense or a child-victim oriented offense and and is in
a category specified in division (F)(1) of that section and rules
that prescribe a manner in which victims of a sexually oriented
offense or a child-victim oriented offense committed by an
offender or a delinquent child who is in a category specified in
division (B)(1) of section 2950.10 of the Revised Code may make a
request that specifies that the victim would like to be provided
the notices described in divisions (A)(1) and (2) of section
2950.10 of the Revised Code;
(4) In consultation with local law enforcement
representatives and through the bureau of criminal identification
and investigation, prescribe the forms to be used by judges and
officials pursuant to section 2950.03 or 2950.032 of the Revised
Code to advise offenders and delinquent children of their duties
of filing a notice of intent to reside, registration, notification
of a change of residence, school, institution of higher education,
or place of employment address and registration of the new,
school, institution of higher education, or place of employment
address, as applicable, and address verification under sections
2950.04, 2950.041, 2950.05, and 2950.06 of the Revised Code, and
prescribe the forms to be used by sheriffs relative to those
duties of filing a notice of intent to reside, registration,
change of residence, school, institution of higher education, or
place of employment address notification, and address
verification;
(5) Make copies of the forms prescribed under division (A)(4)
of this section available to judges, officials, and sheriffs;
(6) Through the bureau of criminal identification and
investigation, provide the notifications, the information and
materials, and the documents that the bureau is required to
provide to appropriate law enforcement officials and to the
federal bureau of investigation pursuant to sections 2950.04,
2950.041, 2950.05, and 2950.06 of the Revised Code;
(7) Through the bureau of criminal identification and
investigation, maintain the verification forms returned under the
address verification mechanism set forth in section 2950.06 of the
Revised Code;
(8) In consultation with representatives of the officials,
judges, and sheriffs, adopt procedures for officials, judges, and
sheriffs to use to forward information, photographs, and
fingerprints to the bureau of criminal identification and
investigation pursuant to the requirements of sections 2950.03,
2950.04, 2950.041, 2950.05, 2950.06, and 2950.11 of the Revised
Code;
(9) In consultation with the director of education, the
director of job and family services, and the director of
rehabilitation and correction, adopt rules that contain guidelines
to be followed by boards of education of a school district,
chartered nonpublic schools or other schools not operated by a
board of education, preschool programs, child day-care centers,
type A family day-care homes,
certified licensed type B family
day-care homes, and institutions of higher education regarding the
proper use and administration of information received pursuant to
section 2950.11 of the Revised Code relative to an offender or
delinquent child who has committed a sexually oriented offense or
a child-victim oriented offense and is in a category specified in
division (F)(1) of that section;
(10) In consultation with local law enforcement
representatives and no later than July 1, 1997, adopt rules that
designate a geographic area or areas within which the notice
described in division (B) of section 2950.11 of the Revised Code
must be given to the persons identified in divisions (A)(2) to (8)
and (A)(10) of that section;
(11) Through the bureau of criminal identification and
investigation, not later than January 1, 2004, establish and
operate on the internet a sex offender and child-victim offender
database that contains information for every offender who has
committed a sexually oriented offense or a child-victim oriented
offense and registers in any county in this state pursuant to
section 2950.04 or 2950.041 of the Revised Code and for every
delinquent child who has committed a sexually oriented offense, is
a public registry-qualified juvenile offender registrant, and
registers in any county in this state pursuant to either such
section. The bureau shall not include on the database the identity
of any offender's or public registry-qualified juvenile offender
registrant's victim, any offender's or public registry-qualified
juvenile offender registrant's social security number, the name of
any school or institution of higher education attended by any
offender or public registry-qualified juvenile offender
registrant, the name of the place of employment of any offender or
public registry-qualified juvenile offender registrant, any
tracking or identification number described in division (A)(1)(f)
of this section, or any information described in division (C)(7)
of section 2950.04 or 2950.041 of the Revised Code. The bureau
shall provide on the database, for each offender and each public
registry-qualified juvenile offender registrant, at least the
information specified in divisions (A)(11)(a) to (h) of this
section. Otherwise, the bureau shall determine the information to
be provided on the database for each offender and public
registry-qualified juvenile offender registrant and shall obtain
that information from the information contained in the state
registry of sex offenders and child-victim offenders described in
division (A)(1) of this section, which information, while in the
possession of the sheriff who provided it, is a public record open
for inspection as described in section 2950.081 of the Revised
Code. The database is a public record open for inspection under
section 149.43 of the Revised Code, and it shall be searchable by
offender or public registry-qualified juvenile offender registrant
name, by county, by zip code, and by school district. The database
shall provide a link to the web site of each sheriff who has
established and operates on the internet a sex offender and
child-victim offender database that contains information for
offenders and public registry-qualified juvenile offender
registrants who register in that county pursuant to section
2950.04 or 2950.041 of the Revised Code, with the link being a
direct link to the sex offender and child-victim offender database
for the sheriff. The bureau shall provide on the database, for
each offender and public registry-qualified juvenile offender
registrant, at least the following information:
(a) The information described in divisions (A)(1)(a), (b),
(c), and (d) of this section relative to the offender or public
registry-qualified juvenile offender registrant;
(b) The address of the offender's or public
registry-qualified juvenile offender registrant's school,
institution of higher education, or place of employment provided
in a registration form;
(c) The information described in division (C)(6) of section
2950.04 or 2950.041 of the Revised Code;
(d) A chart describing which sexually oriented offenses and
child-victim oriented offenses are included in the definitions of
tier I sex offender/child-victim offender, tier II sex
offender/child-victim offender, and tier III sex
offender/child-victim offender;
(e) Fingerprints and palm prints palmprints of the offender
or public registry-qualified juvenile offender registrant and a
DNA specimen from the offender or public registry-qualified
juvenile offender registrant;
(f) The information set forth in division (B) of section
2950.11 of the Revised Code;
(g) Any outstanding arrest warrants for the offender or
public registry-qualified juvenile offender registrant;
(h) The offender's or public registry-qualified juvenile
offender registrant's compliance status with duties under this
chapter.
(12) Develop software to be used by sheriffs in establishing
on the internet a sex offender and child-victim offender database
for the public dissemination of some or all of the information and
materials described in division (A) of section 2950.081 of the
Revised Code that are public records under that division, that are
not prohibited from inclusion by division (B) of that section, and
that pertain to offenders and public registry-qualified juvenile
offender registrants who register in the sheriff's county pursuant
to section 2950.04 or 2950.041 of the Revised Code and for the
public dissemination of information the sheriff receives pursuant
to section 2950.14 of the Revised Code and, upon the request of
any sheriff, provide technical guidance to the requesting sheriff
in establishing on the internet such a database;
(13) Through the bureau of criminal identification and
investigation, not later than January 1, 2004, establish and
operate on the internet a database that enables local law
enforcement representatives to remotely search by electronic means
the state registry of sex offenders and child-victim offenders
described in division (A)(1) of this section and any information
and materials the bureau receives pursuant to sections 2950.04,
2950.041, 2950.05, 2950.06, and 2950.14 of the Revised Code. The
database shall enable local law enforcement representatives to
obtain detailed information regarding each offender and delinquent
child who is included in the registry, including, but not limited
to the offender's or delinquent child's name, aliases, residence
address, name and address of any place of employment, school,
institution of higher education, if applicable, license plate
number of each vehicle identified in division (C)(5) of section
2950.04 or 2950.041 of the Revised Code to the extent applicable,
victim preference if available, date of most recent release from
confinement if applicable, fingerprints, and palmprints, all of
the information and material described in
division divisions
(A)(1)(a) to (h) of this section regarding the offender or
delinquent child, and other identification parameters the bureau
considers appropriate. The database is not a public record open
for inspection under section 149.43 of the Revised Code and shall
be available only to law enforcement representatives as described
in this division. Information obtained by local law enforcement
representatives through use of this database is not open to
inspection by the public or by any person other than a person
identified in division (A) of section 2950.08 of the Revised Code.
(14) Through the bureau of criminal identification and
investigation, maintain a list of requests for notice about a
specified offender or delinquent child or specified geographical
notification area made pursuant to division (J) of section 2950.11
of the Revised Code and, when an offender or delinquent child
changes residence to another county, forward any requests for
information about that specific offender or delinquent child to
the appropriate sheriff;
(15) Through the bureau of criminal identification and
investigation, establish and operate a system for the immediate
notification by electronic means of the appropriate officials in
other states specified in this division each time an offender or
delinquent child registers a residence, school, institution of
higher education, or place of employment address under section
2950.04 or 2950.041 of the revised Revised Code or provides a
notice of a change of address or registers a new address under
division (A) or (B) of section 2950.05 of the Revised Code. The
immediate notification by electronic means shall be provided to
the appropriate officials in each state in which the offender or
delinquent child is required to register a residence, school,
institution of higher education, or place of employment address.
The notification shall contain the offender's or delinquent
child's name and all of the information the bureau receives from
the sheriff with whom the offender or delinquent child registered
the address or provided the notice of change of address or
registered the new address.
(B) The attorney general in consultation with local law
enforcement representatives, may adopt rules that establish one or
more categories of neighbors of an offender or delinquent child
who, in addition to the occupants of residential premises and
other persons specified in division (A)(1) of section 2950.11 of
the Revised Code, must be given the notice described in division
(B) of that section.
(C) No person, other than a local law enforcement
representative, shall knowingly do any of the following:
(1) Gain or attempt to gain access to the database
established and operated by the attorney general, through the
bureau of criminal identification and investigation, pursuant to
division (A)(13) of this section.
(2) Permit any person to inspect any information obtained
through use of the database described in division (C)(1) of this
section, other than as permitted under that division.
(D) As used in this section, "local law enforcement
representatives" means representatives of the sheriffs of this
state, representatives of the municipal chiefs of police and
marshals of this state, and representatives of the township
constables and chiefs of police of the township police departments
or police district police forces of this state.
Sec. 3109.051. (A) If a divorce, dissolution, legal
separation, or annulment proceeding involves a child and if the
court has not issued a shared parenting decree, the court shall
consider any mediation report filed pursuant to section 3109.052
of the Revised Code and, in accordance with division (C) of this
section, shall make a just and reasonable order or decree
permitting each parent who is not the residential parent to have
parenting time with the child at the time and under the conditions
that the court directs, unless the court determines that it would
not be in the best interest of the child to permit that parent to
have parenting time with the child and includes in the journal its
findings of fact and conclusions of law. Whenever possible, the
order or decree permitting the parenting time shall ensure the
opportunity for both parents to have frequent and continuing
contact with the child, unless frequent and continuing contact by
either parent with the child would not be in the best interest of
the child. The court shall include in its final decree a specific
schedule of parenting time for that parent. Except as provided in
division (E)(6) of section 3113.31 of the Revised Code, if the
court, pursuant to this section, grants parenting time to a parent
or companionship or visitation rights to any other person with
respect to any child, it shall not require the public children
services agency to provide supervision of or other services
related to that parent's exercise of parenting time or that
person's exercise of companionship or visitation rights with
respect to the child. This section does not limit the power of a
juvenile court pursuant to Chapter 2151. of the Revised Code to
issue orders with respect to children who are alleged to be
abused, neglected, or dependent children or to make dispositions
of children who are adjudicated abused, neglected, or dependent
children or of a common pleas court to issue orders pursuant to
section 3113.31 of the Revised Code.
(B)(1) In a divorce, dissolution of marriage, legal
separation, annulment, or child support proceeding that involves a
child, the court may grant reasonable companionship or visitation
rights to any grandparent, any person related to the child by
consanguinity or affinity, or any other person other than a
parent, if all of the following apply:
(a) The grandparent, relative, or other person files a motion
with the court seeking companionship or visitation rights.
(b) The court determines that the grandparent, relative, or
other person has an interest in the welfare of the child.
(c) The court determines that the granting of the
companionship or visitation rights is in the best interest of the
child.
(2) A motion may be filed under division (B)(1) of this
section during the pendency of the divorce, dissolution of
marriage, legal separation, annulment, or child support proceeding
or, if a motion was not filed at that time or was filed at that
time and the circumstances in the case have changed, at any time
after a decree or final order is issued in the case.
(C) When determining whether to grant parenting time rights
to a parent pursuant to this section or section 3109.12 of the
Revised Code or to grant companionship or visitation rights to a
grandparent, relative, or other person pursuant to this section or
section 3109.11 or 3109.12 of the Revised Code, when establishing
a specific parenting time or visitation schedule, and when
determining other parenting time matters under this section or
section 3109.12 of the Revised Code or visitation matters under
this section or section 3109.11 or 3109.12 of the Revised Code,
the court shall consider any mediation report that is filed
pursuant to section 3109.052 of the Revised Code and shall
consider all other relevant factors, including, but not limited
to, all of the factors listed in division (D) of this section. In
considering the factors listed in division (D) of this section for
purposes of determining whether to grant parenting time or
visitation rights, establishing a specific parenting time or
visitation schedule, determining other parenting time matters
under this section or section 3109.12 of the Revised Code or
visitation matters under this section or under section 3109.11 or
3109.12 of the Revised Code, and resolving any issues related to
the making of any determination with respect to parenting time or
visitation rights or the establishment of any specific parenting
time or visitation schedule, the court, in its discretion, may
interview in chambers any or all involved children regarding their
wishes and concerns. If the court interviews any child concerning
the child's wishes and concerns regarding those parenting time or
visitation matters, the interview shall be conducted in chambers,
and no person other than the child, the child's attorney, the
judge, any necessary court personnel, and, in the judge's
discretion, the attorney of each parent shall be permitted to be
present in the chambers during the interview. No person shall
obtain or attempt to obtain from a child a written or recorded
statement or affidavit setting forth the wishes and concerns of
the child regarding those parenting time or visitation matters. A
court, in considering the factors listed in division (D) of this
section for purposes of determining whether to grant any parenting
time or visitation rights, establishing a parenting time or
visitation schedule, determining other parenting time matters
under this section or section 3109.12 of the Revised Code or
visitation matters under this section or under section 3109.11 or
3109.12 of the Revised Code, or resolving any issues related to
the making of any determination with respect to parenting time or
visitation rights or the establishment of any specific parenting
time or visitation schedule, shall not accept or consider a
written or recorded statement or affidavit that purports to set
forth the child's wishes or concerns regarding those parenting
time or visitation matters.
(D) In determining whether to grant parenting time to a
parent pursuant to this section or section 3109.12 of the Revised
Code or companionship or visitation rights to a grandparent,
relative, or other person pursuant to this section or section
3109.11 or 3109.12 of the Revised Code, in establishing a specific
parenting time or visitation schedule, and in determining other
parenting time matters under this section or section 3109.12 of
the Revised Code or visitation matters under this section or
section 3109.11 or 3109.12 of the Revised Code, the court shall
consider all of the following factors:
(1) The prior interaction and interrelationships of the child
with the child's parents, siblings, and other persons related by
consanguinity or affinity, and with the person who requested
companionship or visitation if that person is not a parent,
sibling, or relative of the child;
(2) The geographical location of the residence of each parent
and the distance between those residences, and if the person is
not a parent, the geographical location of that person's residence
and the distance between that person's residence and the child's
residence;
(3) The child's and parents' available time, including, but
not limited to, each parent's employment schedule, the child's
school schedule, and the child's and the parents' holiday and
vacation schedule;
(4) The age of the child;
(5) The child's adjustment to home, school, and community;
(6) If the court has interviewed the child in chambers,
pursuant to division (C) of this section, regarding the wishes and
concerns of the child as to parenting time by the parent who is
not the residential parent or companionship or visitation by the
grandparent, relative, or other person who requested companionship
or visitation, as to a specific parenting time or visitation
schedule, or as to other parenting time or visitation matters, the
wishes and concerns of the child, as expressed to the court;
(7) The health and safety of the child;
(8) The amount of time that will be available for the child
to spend with siblings;
(9) The mental and physical health of all parties;
(10) Each parent's willingness to reschedule missed parenting
time and to facilitate the other parent's parenting time rights,
and with respect to a person who requested companionship or
visitation, the willingness of that person to reschedule missed
visitation;
(11) In relation to parenting time, whether either parent
previously has been convicted of or pleaded guilty to any criminal
offense involving any act that resulted in a child being an abused
child or a neglected child; whether either parent, in a case in
which a child has been adjudicated an abused child or a neglected
child, previously has been determined to be the perpetrator of the
abusive or neglectful act that is the basis of the adjudication;
and whether there is reason to believe that either parent has
acted in a manner resulting in a child being an abused child or a
neglected child;
(12) In relation to requested companionship or visitation by
a person other than a parent, whether the person previously has
been convicted of or pleaded guilty to any criminal offense
involving any act that resulted in a child being an abused child
or a neglected child; whether the person, in a case in which a
child has been adjudicated an abused child or a neglected child,
previously has been determined to be the perpetrator of the
abusive or neglectful act that is the basis of the adjudication;
whether either parent previously has been convicted of or pleaded
guilty to a violation of section 2919.25 of the Revised Code
involving a victim who at the time of the commission of the
offense was a member of the family or household that is the
subject of the current proceeding; whether either parent
previously has been convicted of an offense involving a victim who
at the time of the commission of the offense was a member of the
family or household that is the subject of the current proceeding
and caused physical harm to the victim in the commission of the
offense; and whether there is reason to believe that the person
has acted in a manner resulting in a child being an abused child
or a neglected child;
(13) Whether the residential parent or one of the parents
subject to a shared parenting decree has continuously and
willfully denied the other parent's right to parenting time in
accordance with an order of the court;
(14) Whether either parent has established a residence or is
planning to establish a residence outside this state;
(15) In relation to requested companionship or visitation by
a person other than a parent, the wishes and concerns of the
child's parents, as expressed by them to the court;
(16) Any other factor in the best interest of the child.
(E) The remarriage of a residential parent of a child does
not affect the authority of a court under this section to grant
parenting time rights with respect to the child to the parent who
is not the residential parent or to grant reasonable companionship
or visitation rights with respect to the child to any grandparent,
any person related by consanguinity or affinity, or any other
person.
(F)(1) If the court, pursuant to division (A) of this
section, denies parenting time to a parent who is not the
residential parent or denies a motion for reasonable companionship
or visitation rights filed under division (B) of this section and
the parent or movant files a written request for findings of fact
and conclusions of law, the court shall state in writing its
findings of fact and conclusions of law in accordance with Civil
Rule 52.
(2) On or before July 1, 1991, each court of common pleas, by
rule, shall adopt standard parenting time guidelines. A court
shall have discretion to deviate from its standard parenting time
guidelines based upon factors set forth in division (D) of this
section.
(G)(1) If the residential parent intends to move to a
residence other than the residence specified in the parenting time
order or decree of the court, the parent shall file a notice of
intent to relocate with the court that issued the order or decree.
Except as provided in divisions (G)(2), (3), and (4) of this
section, the court shall send a copy of the notice to the parent
who is not the residential parent. Upon receipt of the notice, the
court, on its own motion or the motion of the parent who is not
the residential parent, may schedule a hearing with notice to both
parents to determine whether it is in the best interest of the
child to revise the parenting time schedule for the child.
(2) When a court grants parenting time rights to a parent who
is not the residential parent, the court shall determine whether
that parent has been convicted of or pleaded guilty to a violation
of section 2919.25 of the Revised Code involving a victim who at
the time of the commission of the offense was a member of the
family or household that is the subject of the proceeding, has
been convicted of or pleaded guilty to any other offense involving
a victim who at the time of the commission of the offense was a
member of the family or household that is the subject of the
proceeding and caused physical harm to the victim in the
commission of the offense, or has been determined to be the
perpetrator of the abusive act that is the basis of an
adjudication that a child is an abused child. If the court
determines that that parent has not been so convicted and has not
been determined to be the perpetrator of an abusive act that is
the basis of a child abuse adjudication, the court shall issue an
order stating that a copy of any notice of relocation that is
filed with the court pursuant to division (G)(1) of this section
will be sent to the parent who is given the parenting time rights
in accordance with division (G)(1) of this section.
If the court determines that the parent who is granted the
parenting time rights has been convicted of or pleaded guilty to a
violation of section 2919.25 of the Revised Code involving a
victim who at the time of the commission of the offense was a
member of the family or household that is the subject of the
proceeding, has been convicted of or pleaded guilty to any other
offense involving a victim who at the time of the commission of
the offense was a member of the family or household that is the
subject of the proceeding and caused physical harm to the victim
in the commission of the offense, or has been determined to be the
perpetrator of the abusive act that is the basis of an
adjudication that a child is an abused child, it shall issue an
order stating that that parent will not be given a copy of any
notice of relocation that is filed with the court pursuant to
division (G)(1) of this section unless the court determines that
it is in the best interest of the children to give that parent a
copy of the notice of relocation, issues an order stating that
that parent will be given a copy of any notice of relocation filed
pursuant to division (G)(1) of this section, and issues specific
written findings of fact in support of its determination.
(3) If a court, prior to April 11, 1991, issued an order
granting parenting time rights to a parent who is not the
residential parent and did not require the residential parent in
that order to give the parent who is granted the parenting time
rights notice of any change of address and if the residential
parent files a notice of relocation pursuant to division (G)(1) of
this section, the court shall determine if the parent who is
granted the parenting time rights has been convicted of or pleaded
guilty to a violation of section 2919.25 of the Revised Code
involving a victim who at the time of the commission of the
offense was a member of the family or household that is the
subject of the proceeding, has been convicted of or pleaded guilty
to any other offense involving a victim who at the time of the
commission of the offense was a member of the family or household
that is the subject of the proceeding and caused physical harm to
the victim in the commission of the offense, or has been
determined to be the perpetrator of the abusive act that is the
basis of an adjudication that a child is an abused child. If the
court determines that the parent who is granted the parenting time
rights has not been so convicted and has not been determined to be
the perpetrator of an abusive act that is the basis of a child
abuse adjudication, the court shall issue an order stating that a
copy of any notice of relocation that is filed with the court
pursuant to division (G)(1) of this section will be sent to the
parent who is granted parenting time rights in accordance with
division (G)(1) of this section.
If the court determines that the parent who is granted the
parenting time rights has been convicted of or pleaded guilty to a
violation of section 2919.25 of the Revised Code involving a
victim who at the time of the commission of the offense was a
member of the family or household that is the subject of the
proceeding, has been convicted of or pleaded guilty to any other
offense involving a victim who at the time of the commission of
the offense was a member of the family or household that is the
subject of the proceeding and caused physical harm to the victim
in the commission of the offense, or has been determined to be the
perpetrator of the abusive act that is the basis of an
adjudication that a child is an abused child, it shall issue an
order stating that that parent will not be given a copy of any
notice of relocation that is filed with the court pursuant to
division (G)(1) of this section unless the court determines that
it is in the best interest of the children to give that parent a
copy of the notice of relocation, issues an order stating that
that parent will be given a copy of any notice of relocation filed
pursuant to division (G)(1) of this section, and issues specific
written findings of fact in support of its determination.
(4) If a parent who is granted parenting time rights pursuant
to this section or any other section of the Revised Code is
authorized by an order issued pursuant to this section or any
other court order to receive a copy of any notice of relocation
that is filed pursuant to division (G)(1) of this section or
pursuant to court order, if the residential parent intends to move
to a residence other than the residence address specified in the
parenting time order, and if the residential parent does not want
the parent who is granted the parenting time rights to receive a
copy of the relocation notice because the parent with parenting
time rights has been convicted of or pleaded guilty to a violation
of section 2919.25 of the Revised Code involving a victim who at
the time of the commission of the offense was a member of the
family or household that is the subject of the proceeding, has
been convicted of or pleaded guilty to any other offense involving
a victim who at the time of the commission of the offense was a
member of the family or household that is the subject of the
proceeding and caused physical harm to the victim in the
commission of the offense, or has been determined to be the
perpetrator of the abusive act that is the basis of an
adjudication that a child is an abused child, the residential
parent may file a motion with the court requesting that the parent
who is granted the parenting time rights not receive a copy of any
notice of relocation. Upon the filing of the motion, the court
shall schedule a hearing on the motion and give both parents
notice of the date, time, and location of the hearing. If the
court determines that the parent who is granted the parenting time
rights has been so convicted or has been determined to be the
perpetrator of an abusive act that is the basis of a child abuse
adjudication, the court shall issue an order stating that the
parent who is granted the parenting time rights will not be given
a copy of any notice of relocation that is filed with the court
pursuant to division (G)(1) of this section or that the
residential parent is no longer required to give that parent a
copy of any notice of relocation unless the court determines that
it is in the best interest of the children to give that parent a
copy of the notice of relocation, issues an order stating that
that parent will be given a copy of any notice of relocation filed
pursuant to division (G)(1) of this section, and issues specific
written findings of fact in support of its determination. If it
does not so find, it shall dismiss the motion.
(H)(1) Subject to section 3125.16 and division (F) of section
3319.321 of the Revised Code, a parent of a child who is not the
residential parent of the child is entitled to access, under the
same terms and conditions under which access is provided to the
residential parent, to any record that is related to the child and
to which the residential parent of the child legally is provided
access, unless the court determines that it would not be in the
best interest of the child for the parent who is not the
residential parent to have access to the records under those same
terms and conditions. If the court determines that the parent of a
child who is not the residential parent should not have access to
records related to the child under the same terms and conditions
as provided for the residential parent, the court shall specify
the terms and conditions under which the parent who is not the
residential parent is to have access to those records, shall enter
its written findings of facts and opinion in the journal, and
shall issue an order containing the terms and conditions to both
the residential parent and the parent of the child who is not the
residential parent. The court shall include in every order issued
pursuant to this division notice that any keeper of a record who
knowingly fails to comply with the order or division (H) of this
section is in contempt of court.
(2) Subject to section 3125.16 and division (F) of section
3319.321 of the Revised Code, subsequent to the issuance of an
order under division (H)(1) of this section, the keeper of any
record that is related to a particular child and to which the
residential parent legally is provided access shall permit the
parent of the child who is not the residential parent to have
access to the record under the same terms and conditions under
which access is provided to the residential parent, unless the
residential parent has presented the keeper of the record with a
copy of an order issued under division (H)(1) of this section that
limits the terms and conditions under which the parent who is not
the residential parent is to have access to records pertaining to
the child and the order pertains to the record in question. If the
residential parent presents the keeper of the record with a copy
of that type of order, the keeper of the record shall permit the
parent who is not the residential parent to have access to the
record only in accordance with the most recent order that has been
issued pursuant to division (H)(1) of this section and presented
to the keeper by the residential parent or the parent who is not
the residential parent. Any keeper of any record who knowingly
fails to comply with division (H) of this section or with any
order issued pursuant to division (H)(1) of this section is in
contempt of court.
(3) The prosecuting attorney of any county may file a
complaint with the court of common pleas of that county requesting
the court to issue a protective order preventing the disclosure
pursuant to division (H)(1) or (2) of this section of any
confidential law enforcement investigatory record. The court shall
schedule a hearing on the motion and give notice of the date,
time, and location of the hearing to all parties.
(I) A court that issues a parenting time order or decree
pursuant to this section or section 3109.12 of the Revised Code
shall determine whether the parent granted the right of parenting
time is to be permitted access, in accordance with section
5104.011 5104.039 of the Revised Code, to any child day-care
center that is, or that in the future may be, attended by the
children with whom the right of parenting time is granted. Unless
the court determines that the parent who is not the residential
parent should not have access to the center to the same extent
that the residential parent is granted access to the center, the
parent who is not the residential parent and who is granted
parenting time rights is entitled to access to the center to the
same extent that the residential parent is granted access to the
center. If the court determines that the parent who is not the
residential parent should not have access to the center to the
same extent that the residential parent is granted such access
under division (C) of section 5104.011 5104.039 of the Revised
Code, the court shall specify the terms and conditions under which
the parent who is not the residential parent is to have access to
the center, provided that the access shall not be greater than the
access that is provided to the residential parent under division
(C) of section 5104.011 5104.039 of the Revised Code, the court
shall enter its written findings of fact and opinions in the
journal, and the court shall include the terms and conditions of
access in the parenting time order or decree.
(J)(1) Subject to division (F) of section 3319.321 of the
Revised Code, when a court issues an order or decree allocating
parental rights and responsibilities for the care of a child, the
parent of the child who is not the residential parent of the child
is entitled to access, under the same terms and conditions under
which access is provided to the residential parent, to any student
activity that is related to the child and to which the residential
parent of the child legally is provided access, unless the court
determines that it would not be in the best interest of the child
to grant the parent who is not the residential parent access to
the student activities under those same terms and conditions. If
the court determines that the parent of the child who is not the
residential parent should not have access to any student activity
that is related to the child under the same terms and conditions
as provided for the residential parent, the court shall specify
the terms and conditions under which the parent who is not the
residential parent is to have access to those student activities,
shall enter its written findings of facts and opinion in the
journal, and shall issue an order containing the terms and
conditions to both the residential parent and the parent of the
child who is not the residential parent. The court shall include
in every order issued pursuant to this division notice that any
school official or employee who knowingly fails to comply with the
order or division (J) of this section is in contempt of court.
(2) Subject to division (F) of section 3319.321 of the
Revised Code, subsequent to the issuance of an order under
division (J)(1) of this section, all school officials and
employees shall permit the parent of the child who is not the
residential parent to have access to any student activity under
the same terms and conditions under which access is provided to
the residential parent of the child, unless the residential parent
has presented the school official or employee, the board of
education of the school, or the governing body of the chartered
nonpublic school with a copy of an order issued under division
(J)(1) of this section that limits the terms and conditions under
which the parent who is not the residential parent is to have
access to student activities related to the child and the order
pertains to the student activity in question. If the residential
parent presents the school official or employee, the board of
education of the school, or the governing body of the chartered
nonpublic school with a copy of that type of order, the school
official or employee shall permit the parent who is not the
residential parent to have access to the student activity only in
accordance with the most recent order that has been issued
pursuant to division (J)(1) of this section and presented to the
school official or employee, the board of education of the school,
or the governing body of the chartered nonpublic school by the
residential parent or the parent who is not the residential
parent. Any school official or employee who knowingly fails to
comply with division (J) of this section or with any order issued
pursuant to division (J)(1) of this section is in contempt of
court.
(K) If any person is found in contempt of court for failing
to comply with or interfering with any order or decree granting
parenting time rights issued pursuant to this section or section
3109.12 of the Revised Code or companionship or visitation rights
issued pursuant to this section, section 3109.11 or 3109.12 of the
Revised Code, or any other provision of the Revised Code, the
court that makes the finding, in addition to any other penalty or
remedy imposed, shall assess all court costs arising out of the
contempt proceeding against the person and require the person to
pay any reasonable attorney's fees of any adverse party, as
determined by the court, that arose in relation to the act of
contempt, and may award reasonable compensatory parenting time or
visitation to the person whose right of parenting time or
visitation was affected by the failure or interference if such
compensatory parenting time or visitation is in the best interest
of the child. Any compensatory parenting time or visitation
awarded under this division shall be included in an order issued
by the court and, to the extent possible, shall be governed by the
same terms and conditions as was the parenting time or visitation
that was affected by the failure or interference.
(L) Any parent who requests reasonable parenting time rights
with respect to a child under this section or section 3109.12 of
the Revised Code or any person who requests reasonable
companionship or visitation rights with respect to a child under
this section, section 3109.11 or 3109.12 of the Revised Code, or
any other provision of the Revised Code may file a motion with the
court requesting that it waive all or any part of the costs that
may accrue in the proceedings. If the court determines that the
movant is indigent and that the waiver is in the best interest of
the child, the court, in its discretion, may waive payment of all
or any part of the costs of those proceedings.
(M)(1) A parent who receives an order for active military
service in the uniformed services and who is subject to a
parenting time order may apply to the court for any of the
following temporary orders for the period extending from the date
of the parent's departure to the date of return:
(a) An order delegating all or part of the parent's parenting
time with the child to a relative or to another person who has a
close and substantial relationship with the child if the
delegation is in the child's best interest;
(b) An order that the other parent make the child reasonably
available for parenting time with the parent when the parent is on
leave from active military service;
(c) An order that the other parent facilitate contact,
including telephone and electronic contact, between the parent and
child while the parent is on active military service.
(2)(a) Upon receipt of an order for active military service,
a parent who is subject to a parenting time order and seeks an
order under division (M)(1) of this section shall notify the other
parent who is subject to the parenting time order and apply to the
court as soon as reasonably possible after receipt of the order
for active military service. The application shall include the
date on which the active military service begins.
(b) The court shall schedule a hearing upon receipt of an
application under division (M) of this section and hold the
hearing not later than thirty days after its receipt, except that
the court shall give the case calendar priority and handle the
case expeditiously if exigent circumstances exist in the case. No
hearing shall be required if both parents agree to the terms of
the requested temporary order and the court determines that the
order is in the child's best interest.
(c) In determining whether a delegation under division
(M)(1)(a) of this section is in the child's best interest, the
court shall consider all relevant factors, including the factors
set forth in division (D) of this section.
(d) An order delegating all or part of the parent's parenting
time pursuant to division (M)(1)(a) of this section does not
create standing on behalf of the person to whom parenting time is
delegated to assert visitation or companionship rights independent
of the order.
(3) At the request of a parent who is ordered for active
military service in the uniformed services and who is a subject of
a proceeding pertaining to a parenting time order or pertaining to
a request for companionship rights or visitation with a child, the
court shall permit the parent to participate in the proceeding and
present evidence by electronic means, including communication by
telephone, video, or internet to the extent permitted by rules of
the supreme court of Ohio.
(N) The juvenile court has exclusive jurisdiction to enter
the orders in any case certified to it from another court.
(O) As used in this section:
(1) "Abused child" has the same meaning as in section
2151.031 of the Revised Code, and "neglected child" has the same
meaning as in section 2151.03 of the Revised Code.
(2) "Active military service" and "uniformed services" have
the same meanings as in section 3109.04 of the Revised Code.
(3) "Confidential law enforcement investigatory record" has
the same meaning as in section 149.43 of the Revised Code.
(4) "Parenting time order" means an order establishing the
amount of time that a child spends with the parent who is not the
residential parent or the amount of time that the child is to be
physically located with a parent under a shared parenting order.
(5) "Record" means any record, document, file, or other
material that contains information directly related to a child,
including, but not limited to, any of the following:
(a) Records maintained by public and nonpublic schools;
(b) Records maintained by facilities that provide child care,
as defined in section 5104.01 of the Revised Code, publicly funded
child care, as defined in section 5104.01 of the Revised Code, or
pre-school services operated by or under the supervision of a
school district board of education or a nonpublic school;
(c) Records maintained by hospitals, other facilities, or
persons providing medical or surgical care or treatment for the
child;
(d) Records maintained by agencies, departments,
instrumentalities, or other entities of the state or any political
subdivision of the state, other than a child support enforcement
agency. Access to records maintained by a child support
enforcement agency is governed by section 3125.16 of the Revised
Code.
Sec. 3701.63. (A) As used in this section and section 3701.64
of the Revised Code:
(1) "Child day-care center," "type A family day-care home,"
and "certified licensed type B family day-care home" have the same
meanings as in section 5104.01 of the Revised Code.
(2) "Child care facility" means a child day-care center, a
type A family day-care home, or a certified licensed type B family
day-care home.
(3) "Freestanding birthing center" has the same meaning as in
section 3702.51 of the Revised Code.
(4) "Hospital" means a hospital classified pursuant to rules
adopted under section 3701.07 of the Revised Code as a general
hospital or children's hospital.
(5) "Maternity unit" means any unit or place in a hospital
where women are regularly received and provided care during all or
part of the maternity cycle, except that "maternity unit" does not
include an emergency department or similar place dedicated to
providing emergency health care.
(6) "Parent" means either parent, unless the parents are
separated or divorced or their marriage has been dissolved or
annulled, in which case "parent" means the parent who is the
residential parent and legal custodian of the child. "Parent" also
means a prospective adoptive parent with whom a child is placed.
(7) "Shaken Baby Syndrome baby syndrome" means signs and
symptoms, including, but not limited to, retinal hemorrhages in
one or both eyes, subdural hematoma, or brain swelling, resulting
from the violent shaking or the shaking and impacting of the head
of an infant or small child.
(B) The director of health shall establish the shaken baby
syndrome education program by doing all of the following:
(1) By not later than one year after February 29, 2008,
developing educational materials that present readily
comprehendible information on shaken baby syndrome;
(2) Making available on the department of health web site in
an easily accessible format the educational materials developed
under division (B)(1) of this section;
(3) Beginning in 2009, annually assessing the effectiveness
of the shaken baby syndrome education program by evaluating the
reports received pursuant to section 5101.135 of the Revised Code.
(C) In meeting the requirements under division (B) of this
section, the director shall not develop educational materials that
will impose an administrative or financial burden on any of the
entities or persons listed in section 3701.64 of the Revised Code.
Sec. 3737.22. (A) The fire marshal shall do all of the
following:
(1) Adopt the state fire code under sections 3737.82 to
3737.86 of the Revised Code;
(2) Enforce the state fire code;
(3) Appoint assistant fire marshals who are authorized to
enforce the state fire code;
(4) Conduct investigations into the cause, origin, and
circumstances of fires and explosions, and assist in the
prosecution of persons believed to be guilty of arson or a similar
crime;
(5) Compile statistics concerning loss due to fire and
explosion as the fire marshal considers necessary, and consider
the compatibility of the fire marshal's system of compilation with
the systems of other state and federal agencies and fire marshals
of other states;
(6) Engage in research on the cause and prevention of losses
due to fire and explosion;
(7) Engage in public education and informational activities
which will inform the public of fire safety information;
(8) Operate a fire training academy and forensic laboratory;
(9) Conduct other fire safety and fire fighting training
activities for the public and groups as will further the cause of
fire safety;
(10) Conduct licensing examinations, and issue permits,
licenses, and certificates, as authorized by the Revised Code;
(11) Conduct tests of fire protection systems and devices,
and fire fighting equipment to determine compliance with the state
fire code, unless a building is insured against the hazard of
fire, in which case such tests may be performed by the company
insuring the building;
(12) Establish and collect fees for conducting licensing
examinations and for issuing permits, licenses, and certificates;
(13) Make available for the prosecuting attorney and an
assistant prosecuting attorney from each county of this state, in
accordance with section 3737.331 of the Revised Code, a seminar
program, attendance at which is optional, that is designed to
provide current information, data, training, and techniques
relative to the prosecution of arson cases;
(14) Administer and enforce Chapter 3743. of the Revised
Code;
(15) Develop a uniform standard for the reporting of
information required to be filed under division (E)(4) of section
2921.22 of the Revised Code, and accept the reports of the
information when they are filed.
(B) The fire marshal shall appoint a chief deputy fire
marshal, and shall employ professional and clerical assistants as
the fire marshal considers necessary. The chief deputy shall be a
competent former or current member of a fire agency and possess
five years of recent, progressively more responsible experience in
fire inspection, fire code enforcement, and fire code management.
The chief deputy, with the approval of the director of commerce,
shall temporarily assume the duties of the fire marshal when the
fire marshal is absent or temporarily unable to carry out the
duties of the office. When there is a vacancy in the office of
fire marshal, the chief deputy, with the approval of the director
of commerce, shall temporarily assume the duties of the fire
marshal until a new fire marshal is appointed under section
3737.21 of the Revised Code.
All employees, other than the fire marshal; the chief deputy
fire marshal; the superintendent of the Ohio fire academy; the
grants administrator; the fiscal officer; the executive secretary
to the fire marshal; legal counsel; the pyrotechnics
administrator, the chief of the forensic laboratory; the person
appointed by the fire marshal to serve as administrator over
functions concerning testing, license examinations, and the
issuance of permits and certificates; and the chiefs of the
bureaus of fire prevention, of fire and explosion investigation,
of code enforcement, and of underground storage tanks shall be in
the classified civil service. The fire marshal shall authorize the
chief deputy and other employees under the fire marshal's
supervision to exercise powers granted to the fire marshal by law
as may be necessary to carry out the duties of the fire marshal's
office.
(C) The fire marshal shall create, in and as a part of the
office of fire marshal, a fire and explosion investigation bureau
consisting of a chief of the bureau and additional assistant fire
marshals as the fire marshal determines necessary for the
efficient administration of the bureau. The chief shall be
experienced in the investigation of the cause, origin, and
circumstances of fires, and in administration, including the
supervision of subordinates. The chief, among other duties
delegated to the chief by the fire marshal, shall be responsible,
under the direction of the fire marshal, for the investigation of
the cause, origin, and circumstances of fires and explosions in
the state, and for assistance in the prosecution of persons
believed to be guilty of arson or a similar crime.
(D)(1) The fire marshal shall create, as part of the office
of fire marshal, a bureau of code enforcement consisting of a
chief of the bureau and additional assistant fire marshals as the
fire marshal determines necessary for the efficient administration
of the bureau. The chief shall be qualified, by education or
experience, in fire inspection, fire code development, fire code
enforcement, or any other similar field determined by the fire
marshal, and in administration, including the supervision of
subordinates. The chief is responsible, under the direction of the
fire marshal, for fire inspection, fire code development, fire
code enforcement, and any other duties delegated to the chief by
the fire marshal.
(2) The fire marshal, the chief deputy fire marshal, the
chief of the bureau of code enforcement, or any assistant fire
marshal under the direction of the fire marshal, the chief deputy
fire marshal, or the chief of the bureau of code enforcement may
cause to be conducted the inspection of all buildings, structures,
and other places, the condition of which may be dangerous from a
fire safety standpoint to life or property, or to property
adjacent to the buildings, structures, or other places.
(E) The fire marshal shall create, as a part of the office of
fire marshal, a bureau of fire prevention consisting of a chief of
the bureau and additional assistant fire marshals as the fire
marshal determines necessary for the efficient administration of
the bureau. The chief shall be qualified, by education or
experience, to promote programs for rural and urban fire
prevention and protection. The chief, among other duties delegated
to the chief by the fire marshal, is responsible, under the
direction of the fire marshal, for the promotion of rural and
urban fire prevention and protection through public information
and education programs.
(F) The fire marshal shall cooperate with the director of job
and family services when the director adopts rules under section
5104.052 of the Revised Code regarding fire prevention and fire
safety in certified licensed type B family day-care homes, as
defined in section 5104.01 of the Revised Code, recommend
procedures for inspecting type B homes to determine whether they
are in compliance with those rules, and provide training and
technical assistance to the director and county directors of job
and family services on the procedures for determining compliance
with those rules.
(G) The fire marshal, upon request of a provider of child
care in a type B home that is not certified licensed by the county
director of job and family services, as a precondition of approval
by the state board of education under section 3313.813 of the
Revised Code for receipt of United States department of
agriculture child and adult care food program funds established
under the "National School Lunch Act," 60 Stat. 230 (1946), 42
U.S.C. 1751, as amended, shall inspect the type B home to
determine compliance with rules adopted under section 5104.052 of
the Revised Code regarding fire prevention and fire safety in
certified licensed type B homes. In municipal corporations and in
townships where there is a certified fire safety inspector, the
inspections shall be made by that inspector under the supervision
of the fire marshal, according to rules adopted under section
5104.052 of the Revised Code. In townships outside municipal
corporations where there is no certified fire safety inspector,
inspections shall be made by the fire marshal.
Sec. 3742.01. As used in this chapter:
(A) "Board of health" means the board of health of a city or
general health district or the authority having the duties of a
board of health under section 3709.05 of the Revised Code.
(B) "Child care facility" means each area of any of the
following in which child care, as defined in section 5104.01 of
the Revised Code, is provided to children under six years of age:
(1) A child day-care center, type A family day-care home, or
type B family day-care home as defined in section 5104.01 of the
Revised Code;
(2) A type C family day-care home authorized to provide child
care by Sub. H.B. 62 of the 121st general assembly, as amended by
Am. Sub. S.B. 160 of the 121st general assembly and Sub. H.B. 407
of the 123rd general assembly;
(3) A preschool program or school child program as defined in
section 3301.52 of the Revised Code.
(C) "Clearance examination" means an examination to determine
whether the lead hazards in a residential unit, child care
facility, or school have been sufficiently controlled. A clearance
examination includes a visual assessment, collection, and analysis
of environmental samples.
(D) "Clearance technician" means a person, other than a
licensed lead inspector or licensed lead risk assessor, who
performs a clearance examination.
(E) "Clinical laboratory" means a facility for the
biological, microbiological, serological, chemical,
immunohematological, hematological, biophysical, cytological,
pathological, or other examination of substances derived from the
human body for the purpose of providing information for the
diagnosis, prevention, or treatment of any disease, or in the
assessment or impairment of the health of human beings. "Clinical
laboratory" does not include a facility that only collects or
prepares specimens, or serves as a mailing service, and does not
perform testing.
(F) "Encapsulation" means the coating and sealing of surfaces
with durable surface coating specifically formulated to be
elastic, able to withstand sharp and blunt impacts, long-lasting,
and resilient, while also resistant to cracking, peeling, algae,
fungus, and ultraviolet light, so as to prevent any part of
lead-containing paint from becoming part of house dust or
otherwise accessible to children.
(G) "Enclosure" means the resurfacing or covering of surfaces
with durable materials such as wallboard or paneling, and the
sealing or caulking of edges and joints, so as to prevent or
control chalking, flaking, peeling, scaling, or loose
lead-containing substances from becoming part of house dust or
otherwise accessible to children.
(H) "Environmental lead analytical laboratory" means a
facility that analyzes air, dust, soil, water, paint, film, or
other substances, other than substances derived from the human
body, for the presence and concentration of lead.
(I) "HEPA" means the designation given to a product, device,
or system that has been equipped with a high-efficiency
particulate air filter, which is a filter capable of removing
particles of 0.3 microns or larger from air at 99.97 per cent or
greater efficiency.
(J) "Interim controls" means a set of measures designed to
reduce temporarily human exposure or likely human exposure to lead
hazards. Interim controls include specialized cleaning, repairs,
painting, temporary containment, ongoing lead hazard maintenance
activities, and the establishment and operation of management and
resident education programs.
(K)(1) "Lead abatement" means a measure or set of measures
designed for the single purpose of permanently eliminating lead
hazards. "Lead abatement" includes all of the following:
(a) Removal of lead-based paint and lead-contaminated dust;
(b) Permanent enclosure or encapsulation of lead-based paint;
(c) Replacement of surfaces or fixtures painted with
lead-based paint;
(d) Removal or permanent covering of lead-contaminated soil;
(e) Preparation, cleanup, and disposal activities associated
with lead abatement.
(2) "Lead abatement" does not include any of the following:
(a) Preventive treatments performed pursuant to section
3742.41 of the Revised Code;
(b) Implementation of interim controls;
(c) Activities performed by a property owner on a residential
unit to which both of the following apply:
(i) It is a freestanding single-family home used as the
property owner's private residence.
(ii) No child under six years of age who has lead poisoning
resides in the unit.
(L) "Lead abatement contractor" means any individual who
engages in or intends to engage in lead abatement and employs or
supervises one or more lead abatement workers, including on-site
supervision of lead abatement projects, or prepares
specifications, plans, or documents for a lead abatement project.
(M) "Lead abatement project" means one or more lead abatement
activities that are conducted by a lead abatement contractor and
are reasonably related to each other.
(N) "Lead abatement project designer" means a person who is
responsible for designing lead abatement projects and preparing a
pre-abatement plan for all designed projects.
(O) "Lead abatement worker" means an individual who is
responsible in a nonsupervisory capacity for the performance of
lead abatement.
(P) "Lead-based paint" means any paint or other similar
surface-coating substance containing lead at or in excess of the
level that is hazardous to human health as established by rule of
the public health council under section 3742.50 of the Revised
Code.
(Q) "Lead-contaminated dust" means dust that contains an area
or mass concentration of lead at or in excess of the level that is
hazardous to human health as established by rule of the public
health council under section 3742.50 of the Revised Code.
(R) "Lead-contaminated soil" means soil that contains lead at
or in excess of the level that is hazardous to human health as
established by rule of the public health council under section
3742.50 of the Revised Code.
(S) "Lead hazard" means material that is likely to cause lead
exposure and endanger an individual's health as determined by the
public health council in rules adopted under section 3742.50 of
the Revised Code. "Lead hazard" includes lead-based paint,
lead-contaminated dust, lead-contaminated soil, and
lead-contaminated water pipes.
(T) "Lead inspection" means a surface-by-surface
investigation to determine the presence of lead-based paint. The
inspection shall use a sampling or testing technique approved by
the public health council in rules adopted by the council under
section 3742.03 of the Revised Code. A licensed lead inspector or
laboratory approved under section 3742.09 of the Revised Code
shall certify in writing the precise results of the inspection.
(U) "Lead inspector" means any individual who conducts a lead
inspection, provides professional advice regarding a lead
inspection, or prepares a report explaining the results of a lead
inspection.
(V) "Lead poisoning" means the level of lead in human blood
that is hazardous to human health, as specified in rules adopted
under section 3742.50 of the Revised Code.
(W) "Lead risk assessment" means an on-site investigation to
determine and report the existence, nature, severity, and location
of lead hazards in a residential unit, child care facility, or
school, including information gathering from the unit, facility,
or school's current owner's knowledge regarding the age and
painting history of the unit, facility, or school and occupancy by
children under six years of age, visual inspection, limited wipe
sampling or other environmental sampling techniques, and any other
activity as may be appropriate.
(X) "Lead risk assessor" means a person who is responsible
for developing a written inspection, risk assessment, and analysis
plan; conducting inspections for lead hazards in a residential
unit, child care facility, or school; interpreting results of
inspections and risk assessments; identifying hazard control
strategies to reduce or eliminate lead exposures; and completing a
risk assessment report.
(Y) "Lead-safe renovation" means the supervision or
performance of services for the general improvement of all or part
of an existing structure, including a residential unit, child care
facility, or school, when the services are supervised or performed
by a lead-safe renovator.
(Z) "Lead-safe renovator" means a person who has successfully
completed a training program in lead-safe renovation approved
under section 3742.47 of the Revised Code.
(AA) "Manager" means a person, who may be the same person as
the owner, responsible for the daily operation of a residential
unit, child care facility, or school.
(BB) "Permanent" means an expected design life of at least
twenty years.
(CC) "Replacement" means an activity that entails removing
components such as windows, doors, and trim that have lead hazards
on their surfaces and installing components free of lead hazards.
(DD) "Residential unit" means a dwelling or any part of a
building being used as an individual's private residence.
(EE) "School" means a public or nonpublic school in which
children under six years of age receive education.
Sec. 3797.06. (A) As used in this section, "specified
geographical notification area" means the geographic area or areas
within which the attorney general requires by rule adopted under
section 3797.08 of the Revised Code the notice described in
division (B) of this section to be given to the persons identified
in divisions (A)(1) to (9) of this section. If a court enters a
declaratory judgment against a registrant under section 2721.21 of
the Revised Code, the sheriff with whom the registrant has most
recently registered under section 3797.02 or 3797.03 of the
Revised Code and the sheriff to whom the registrant most recently
sent a notice of intent to reside under section 3797.03 of the
Revised Code shall provide within the period of time specified in
division (C) of this section a written notice containing the
information set forth in division (B) of this section to all of
the persons described in divisions (A)(1) to (9) of this section.
If the sheriff has sent a notice to the persons described in those
divisions as a result of receiving a notice of intent to reside
and if the registrant registers a residence address that is the
same residence address described in the notice of intent to
reside, the sheriff is not required to send an additional notice
when the registrant registers. The sheriff shall provide the
notice to all of the following persons:
(1)(a) Any occupant of each residential unit that is located
within one thousand feet of the registrant's residential premises,
that is located within the county served by the sheriff, and that
is not located in a multi-unit building. Division (D)(3) of this
section applies regarding notices required under this division.
(b) If the registrant resides in a multi-unit building, any
occupant of each residential unit that is located in that
multi-unit building and that shares a common hallway with the
registrant. For purposes of this division, an occupant's unit
shares a common hallway with the registrant if the entrance door
into the occupant's unit is located on the same floor and opens
into the same hallway as the entrance door to the unit the
registrant occupies. Division (D)(3) of this section applies
regarding notices required under this division.
(c) The building manager, or the person the building owner or
condominium unit owners association authorizes to exercise
management and control, of each multi-unit building that is
located within one thousand feet of the registrant's residential
premises, including a multi-unit building in which the registrant
resides, and that is located within the county served by the
sheriff. In addition to notifying the building manager or the
person authorized to exercise management and control in the
multi-unit building under this division, the sheriff shall post a
copy of the notice prominently in each common entryway in the
building and any other location in the building the sheriff
determines appropriate. The manager or person exercising
management and control of the building shall permit the sheriff to
post copies of the notice under this division as the sheriff
determines appropriate. In lieu of posting copies of the notice as
described in this division, a sheriff may provide notice to all
occupants of the multi-unit building by mail or personal contact.
If the sheriff so notifies all the occupants, the sheriff is not
required to post copies of the notice in the common entryways to
the building. Division (D)(3) of this section applies regarding
notices required under this division.
(d) All additional persons who are within any category of
neighbors of the registrant that the attorney general by rule
adopted under section 3797.08 of the Revised Code requires to be
provided the notice and who reside within the county served by the
sheriff.
(2) The executive director of the public children services
agency that has jurisdiction within the specified geographical
notification area and that is located within the county served by
the sheriff;
(3) The superintendent of each board of education of a school
district that has schools within the specified geographical
notification area and that is located within the county served by
the sheriff;
(4) The appointing or hiring officer of each nonpublic school
located within the specified geographical notification area and
within the county served by the sheriff or of each other school
located within the specified geographical notification area and
within the county served by the sheriff and that is not operated
by a board of education described in division (A)(3) of this
section;
(5) The director, head teacher, elementary principal, or site
administrator of each preschool program governed by Chapter 3301.
of the Revised Code that is located within the specified
geographical notification area and within the county served by the
sheriff;
(6) The administrator of each child day-care center or type A
family day-care home that is located within the specified
geographical notification area and within the county served by the
sheriff, and the provider of each certified holder of a license to
operate a type B family day-care home that is located within the
specified geographical notification area and within the county
served by the sheriff. As used in this division, "child day-care
center," "type A family day-care home," and "certified type B
family day-care home" have the same meanings as in section 5104.01
of the Revised Code.
(7) The president or other chief administrative officer of
each institution of higher education, as defined in section
2907.03 of the Revised Code, that is located within the specified
geographical notification area and within the county served by the
sheriff and the chief law enforcement officer of any state
university law enforcement agency or campus police department
established under section 3345.04 or 1713.50 of the Revised Code
that serves that institution;
(8) The sheriff of each county that includes any portion of
the specified geographical notification area;
(9) If the registrant resides within the county served by the
sheriff, the chief of police, marshal, or other chief law
enforcement officer of the municipal corporation in which the
registrant resides or, if the registrant resides in an
unincorporated area, the constable or chief of the police
department or police district police force of the township in
which the registrant resides.
(B) The notice required under division (A) of this section
shall include the registrant's name, residence or employment
address, as applicable, and a statement that the registrant has
been found liable for childhood sexual abuse in a civil action and
is listed on the civil registry established by the attorney
general pursuant to section 3797.08 of the Revised Code.
(C) If a sheriff with whom a registrant registers under
section 3797.02 or 3797.03 of the Revised Code or to whom the
registrant most recently sent a notice of intent to reside under
section 3797.03 of the Revised Code is required by division (A) of
this section to provide notices regarding a registrant and if the
sheriff provides a notice pursuant to that requirement the sheriff
provides a notice to a sheriff of one or more other counties in
accordance with division (A)(8) of this section, the sheriff of
each of the other counties who is provided notice under division
(A)(8) of this section shall provide the notices described in
divisions (A)(1) to (7) and (A)(9) of this section to each person
or entity identified within those divisions that is located within
the specified geographical notification area and within the county
served by the sheriff in question.
(D)(1) A sheriff required by division (A) or (C) of this
section to provide notices regarding a registrant shall provide
the notice to the neighbors that are described in division (A)(1)
of this section and the notices to law enforcement personnel that
are described in divisions (A)(8) and (9) of this section as soon
as practicable, but not later than five days after the registrant
sends the notice of intent to reside to the sheriff, and again not
later than five days after the registrant registers with the
sheriff or, if the sheriff is required by division (C) to provide
the notices, not later than five days after the sheriff is
provided the notice described in division (A)(8) of this section.
A sheriff required by division (A) or (C) of this section to
provide notices regarding a registrant shall provide the notices
to all other specified persons that are described in divisions
(A)(2) to (7) of this section as soon as practicable, but not
later than seven days after the registrant registers with the
sheriff, or, if the sheriff is required by division (C) to provide
the notices, not later than five days after the sheriff is
provided the notice described in division (A)(8) of this section.
(2) If a registrant in relation to whom division (A) of this
section applies verifies the registrant's current residence
address with a sheriff pursuant to section 3797.04 of the Revised
Code, the sheriff may provide a written notice containing the
information set forth in division (B) of this section to the
persons identified in divisions (A)(1) to (9) of this section. If
a sheriff provides a notice pursuant to this division to the
sheriff of one or more other counties in accordance with division
(A)(8) of this section, the sheriff of each of the other counties
who is provided the notice under division (A)(8) of this section
may provide, but is not required to provide, a written notice
containing the information set forth in division (B) of this
section to the persons identified in divisions (A)(1) to (7) and
(A)(9) of this section.
(3) A sheriff may provide notice under division (A)(1)(a) or
(b) of this section, and may provide notice under division
(A)(1)(c) of this section to a building manager or person
authorized to exercise management and control of a building, by
mail, by personal contact, or by leaving the notice at or under
the entry door to a residential unit. For purposes of divisions
(A)(1)(a) and (b) of this section and of the portion of division
(A)(1)(c) of this section relating to the provision of notice to
occupants of a multi-unit building by mail or personal contact,
the provision of one written notice per unit is deemed providing
notice to all occupants of that unit.
(E) All information that a sheriff possesses regarding a
registrant that is described in division (B) of this section and
that must be provided in a notice required under division (A) or
(C) of this section or that may be provided in a notice authorized
under division (D)(2) of this section is a public record that is
open to inspection under section 149.43 of the Revised Code.
(F) A sheriff required by division (A) or (C) of this
section, or authorized by division (D)(2) of this section, to
provide notices regarding a registrant may request the department
of job and family services, department of education, or Ohio board
of regents, by telephone, in registrant, or by mail, to provide
the sheriff with the names, addresses, and telephone numbers of
the appropriate persons and entities to whom the notices described
in divisions (A)(2) to (7) of this section are to be provided.
Upon receipt of a request, the department or board shall provide
the requesting sheriff with the names, addresses, and telephone
numbers of the appropriate persons and entities to whom those
notices are to be provided.
(G)(1) Upon the motion of the registrant or the judge that
entered a declaratory judgment pursuant to section 2721.21 of the
Revised Code or that judge's successor in office, the judge may
schedule a hearing to determine whether the interests of justice
would be served by suspending the community notification
requirement under this section in relation to the registrant. The
judge may dismiss the motion without a hearing but may not issue
an order suspending the community notification requirement without
a hearing. At the hearing, all parties are entitled to be heard.
If, at the conclusion of the hearing, the judge finds that the
registrant has proven by clear and convincing evidence that the
registrant is unlikely to commit childhood sexual abuse in the
future and that suspending the community notification requirement
is in the interests of justice, the judge may issue an order
suspending the application of this section in relation to the
registrant. The order shall contain both of these findings.
The judge promptly shall serve a copy of the order upon the
sheriff with whom the registrant most recently registered a
residence address and the sheriff with whom the registrant most
recently registered an employment address under section 3797.02 of
the Revised Code.
An order suspending the community notification requirement
does not suspend or otherwise alter a registrant's duties to
comply with sections 3797.02, 3797.03, and 3797.04 of the Revised
Code.
(2) A registrant has the right to appeal an order denying a
motion made under division (G)(1) of this section.
Sec. 4511.81. (A) When any child who is in either or both of
the following categories is being transported in a motor vehicle,
other than a taxicab or public safety vehicle as defined in
section 4511.01 of the Revised Code, that is required by the
United States department of transportation to be equipped with
seat belts at the time of manufacture or assembly, the operator of
the motor vehicle shall have the child properly secured in
accordance with the manufacturer's instructions in a child
restraint system that meets federal motor vehicle safety
standards:
(1) A child who is less than four years of age;
(2) A child who weighs less than forty pounds.
(B) When any child who is in either or both of the following
categories is being transported in a motor vehicle, other than a
taxicab, that is owned, leased, or otherwise under the control of
a nursery school or day-care center, the operator of the motor
vehicle shall have the child properly secured in accordance with
the manufacturer's instructions in a child restraint system that
meets federal motor vehicle safety standards:
(1) A child who is less than four years of age;
(2) A child who weighs less than forty pounds.
(C) When any child who is less than eight years of age and
less than four feet nine inches in height, who is not required by
division (A) or (B) of this section to be secured in a child
restraint system, is being transported in a motor vehicle, other
than a taxicab or public safety vehicle as defined in section
4511.01 of the Revised Code or a vehicle that is regulated under
section 5104.011 5104.015 of the Revised Code, that is required by
the United States department of transportation to be equipped with
seat belts at the time of manufacture or assembly, the operator of
the motor vehicle shall have the child properly secured in
accordance with the manufacturer's instructions on a booster seat
that meets federal motor vehicle safety standards.
(D) When any child who is at least eight years of age but not
older than fifteen years of age, and who is not otherwise required
by division (A), (B), or (C) of this section to be secured in a
child restraint system or booster seat, is being transported in a
motor vehicle, other than a taxicab or public safety vehicle as
defined in section 4511.01 of the Revised Code, that is required
by the United States department of transportation to be equipped
with seat belts at the time of manufacture or assembly, the
operator of the motor vehicle shall have the child properly
restrained either in accordance with the manufacturer's
instructions in a child restraint system that meets federal motor
vehicle safety standards or in an occupant restraining device as
defined in section 4513.263 of the Revised Code.
(E) Notwithstanding any provision of law to the contrary, no
law enforcement officer shall cause an operator of a motor vehicle
being operated on any street or highway to stop the motor vehicle
for the sole purpose of determining whether a violation of
division (C) or (D) of this section has been or is being committed
or for the sole purpose of issuing a ticket, citation, or summons
for a violation of division (C) or (D) of this section or causing
the arrest of or commencing a prosecution of a person for a
violation of division (C) or (D) of this section, and absent
another violation of law, a law enforcement officer's view of the
interior or visual inspection of a motor vehicle being operated on
any street or highway may not be used for the purpose of
determining whether a violation of division (C) or (D) of this
section has been or is being committed.
(F) The director of public safety shall adopt such rules as
are necessary to carry out this section.
(G) The failure of an operator of a motor vehicle to secure a
child in a child restraint system, a booster seat, or an occupant
restraining device as required by this section is not negligence
imputable to the child, is not admissible as evidence in any civil
action involving the rights of the child against any other person
allegedly liable for injuries to the child, is not to be used as a
basis for a criminal prosecution of the operator of the motor
vehicle other than a prosecution for a violation of this section,
and is not admissible as evidence in any criminal action involving
the operator of the motor vehicle other than a prosecution for a
violation of this section.
(H) This section does not apply when an emergency exists that
threatens the life of any person operating or occupying a motor
vehicle that is being used to transport a child who otherwise
would be required to be restrained under this section. This
section does not apply to a person operating a motor vehicle who
has an affidavit signed by a physician licensed to practice in
this state under Chapter 4731. of the Revised Code or a
chiropractor licensed to practice in this state under Chapter
4734. of the Revised Code that states that the child who otherwise
would be required to be restrained under this section has a
physical impairment that makes use of a child restraint system,
booster seat, or an occupant restraining device impossible or
impractical, provided that the person operating the vehicle has
safely and appropriately restrained the child in accordance with
any recommendations of the physician or chiropractor as noted on
the affidavit.
(I) There is hereby created in the state treasury the child
highway safety fund, consisting of fines imposed pursuant to
division (K)(1) of this section for violations of divisions (A),
(B), (C), and (D) of this section. The money in the fund shall be
used by the department of health only to defray the cost of
designating hospitals as pediatric trauma centers under section
3727.081 of the Revised Code and to establish and administer a
child highway safety program. The purpose of the program shall be
to educate the public about child restraint systems and booster
seats and the importance of their proper use. The program also
shall include a process for providing child restraint systems and
booster seats to persons who meet the eligibility criteria
established by the department, and a toll-free telephone number
the public may utilize to obtain information about child restraint
systems and booster seats, and their proper use.
(J) The director of health, in accordance with Chapter 119.
of the Revised Code, shall adopt any rules necessary to carry out
this section, including rules establishing the criteria a person
must meet in order to receive a child restraint system or booster
seat under the department's child highway safety program; provided
that rules relating to the verification of pediatric trauma
centers shall not be adopted under this section.
(K) Nothing in this section shall be construed to require any
person to carry with the person the birth certificate of a child
to prove the age of the child, but the production of a valid birth
certificate for a child showing that the child was not of an age
to which this section applies is a defense against any ticket,
citation, or summons issued for violating this section.
(L)(1) Whoever violates division (A), (B), (C), or (D) of
this section shall be punished as follows, provided that the
failure of an operator of a motor vehicle to secure more than one
child in a child restraint system, booster seat, or occupant
restraining device as required by this section that occurred at
the same time, on the same day, and at the same location is deemed
to be a single violation of this section:
(a) Except as otherwise provided in division (L)(1)(b) of
this section, the offender is guilty of a minor misdemeanor and
shall be fined not less than twenty-five dollars nor more than
seventy-five dollars.
(b) If the offender previously has been convicted of or
pleaded guilty to a violation of division (A), (B), (C), or (D) of
this section or of a municipal ordinance that is substantially
similar to any of those divisions, the offender is guilty of a
misdemeanor of the fourth degree.
(2) All fines imposed pursuant to division (L)(1) of this
section shall be forwarded to the treasurer of state for deposit
in the child highway safety fund created by division (I) of this
section.
Sec. 5101.29. When contained in a record held by the
department of job and family services or a county agency, the
following are not public records for purposes of section 149.43 of
the Revised Code:
(A) Names and other identifying information regarding
children enrolled in or attending a child day-care center or home
subject to licensure, certification, or registration under Chapter
5104. of the Revised Code;
(B) Names and other identifying information regarding
children placed with an institution or association certified under
section 5103.03 of the Revised Code;
(C) Names and other identifying information regarding a
person who makes an oral or written complaint regarding an
institution, association, child day-care center, or home subject
to licensure, certification, or registration to the department or
other state or county entity responsible for enforcing Chapter
5103. or 5104. of the Revised Code;
(D)(1) Except as otherwise provided in division (D)(2) of
this section, names, documentation, and other identifying
information regarding a foster caregiver or a prospective foster
caregiver, including the foster caregiver application for
certification under section 5103.03 of the Revised Code and the
home study conducted pursuant to section 5103.0324 of the Revised
Code.
(2) Notwithstanding division (D)(1) of this section, the
following are public records for the purposes of section 149.43 of
the Revised Code, when contained in a record held by the
department of job and family services, a county agency, or other
governmental entity:
(a) All of the following information regarding a currently
certified foster caregiver who has had a foster care certificate
revoked pursuant to Chapter 5103. of the Revised Code or, after
receiving a current or current renewed certificate has been
convicted of, pleaded guilty to, or indicted or otherwise charged
with any offense described in division (C)(1) of section 2151.86
of the Revised Code:
(i) The foster caregiver's name, date of birth, and county of
residence;
(ii) The date of the foster caregiver's certification;
(iii) The date of each placement of a foster child into the
foster caregiver's home;
(iv) If applicable, the date of the removal of a foster child
from the foster caregiver's home and the reason for the foster
child's removal unless release of such information would be
detrimental to the foster child or other children residing in the
foster caregiver's home;
(v) If applicable, the date of the foster care certificate
revocation and all documents related to the revocation unless
otherwise not a public record pursuant to section 149.43 of the
Revised Code.
(b) Nonidentifying foster care statistics including, but not
limited to, the number of foster caregivers and foster care
certificate revocations.
Sec. 5103.03. (A) The director of job and family services
shall adopt rules as necessary for the adequate and competent
management of institutions or associations. The director shall
ensure that foster care home study rules adopted under this
section align any home study content, time period, and process
with any home study content, time period, and process required by
rules adopted under section 3107.033 of the Revised Code.
(B)(1) Except for facilities under the control of the
department of youth services, places of detention for children
established and maintained pursuant to sections 2152.41 to 2152.44
of the Revised Code, and child day-care centers subject to Chapter
5104. of the Revised Code, the department of job and family
services every two years shall pass upon the fitness of every
institution and association that receives, or desires to receive
and care for children, or places children in private homes.
(2) When the department of job and family services is
satisfied as to the care given such children, and that the
requirements of the statutes and rules covering the management of
such institutions and associations are being complied with, it
shall issue to the institution or association a certificate to
that effect. A certificate is valid for two years, unless sooner
revoked by the department. When determining whether an institution
or association meets a particular requirement for certification,
the department may consider the institution or association to have
met the requirement if the institution or association shows to the
department's satisfaction that it has met a comparable requirement
to be accredited by a nationally recognized accreditation
organization.
(3) The department may issue a temporary certificate valid
for less than one year authorizing an institution or association
to operate until minimum requirements have been met.
(4) An institution or association that knowingly makes a
false statement that is included as a part of certification under
this section is guilty of the offense of falsification under
section 2921.13 of the Revised Code and the department shall not
certify that institution or association.
(5) The department shall not issue a certificate to a
prospective foster home or prospective specialized foster home
pursuant to this section if the prospective foster home or
prospective specialized foster home operates as a type A family
day-care home pursuant to Chapter 5104. of the Revised Code. The
department shall not issue a certificate to a prospective
specialized foster home if the prospective specialized foster home
operates a type B family day-care home pursuant to Chapter 5104.
of the Revised Code.
(C) The department may revoke a certificate if it finds that
the institution or association is in violation of law or rule. No
juvenile court shall commit a child to an association or
institution that is required to be certified under this section if
its certificate has been revoked or, if after revocation, the date
of reissue is less than fifteen months prior to the proposed
commitment.
(D) Every two years, on a date specified by the department,
each institution or association desiring certification or
recertification shall submit to the department a report showing
its condition, management, competency to care adequately for the
children who have been or may be committed to it or to whom it
provides care or services, the system of visitation it employs for
children placed in private homes, and other information the
department requires:.
(E) The department shall, not less than once each year, send
a list of certified institutions and associations to each juvenile
court and certified association or institution.
(F) No person shall receive children or receive or solicit
money on behalf of such an institution or association not so
certified or whose certificate has been revoked.
(G)(1) The director may delegate by rule any duties imposed
on it by this section to inspect and approve family foster homes
and specialized foster homes to public children services agencies,
private child placing agencies, or private noncustodial agencies.
(2) The director shall adopt rules that require a foster
caregiver or other individual certified to operate a foster home
under this section to notify the recommending agency that the
foster caregiver or other individual is certified licensed to
operate a type B family day-care home under Chapter 5104. of the
Revised Code.
(H) If the director of job and family services determines
that an institution or association that cares for children is
operating without a certificate, the director may petition the
court of common pleas in the county in which the institution or
association is located for an order enjoining its operation. The
court shall grant injunctive relief upon a showing that the
institution or association is operating without a certificate.
(I) If both of the following are the case, the director of
job and family services may petition the court of common pleas of
any county in which an institution or association that holds a
certificate under this section operates for an order, and the
court may issue an order, preventing the institution or
association from receiving additional children into its care or an
order removing children from its care:
(1) The department has evidence that the life, health, or
safety of one or more children in the care of the institution or
association is at imminent risk.
(2) The department has issued a proposed adjudication order
pursuant to Chapter 119. of the Revised Code to deny renewal of or
revoke the certificate of the institution or association.
Sec. 5104.01. As used in this chapter:
(A) "Administrator" means the person responsible for the
daily operation of a center or, type A home, or type B home. The
administrator and the owner may be the same person.
(B) "Approved child day camp" means a child day camp approved
pursuant to section 5104.22 of the Revised Code.
(C) "Authorized provider" means a person authorized by a
county director of job and family services to operate a certified
type B family day-care home.
(D) "Border state child care provider" means a child care
provider that is located in a state bordering Ohio and that is
licensed, certified, or otherwise approved by that state to
provide child care.
(E)(D) "Career pathways model" means an alternative pathway
to meeting the requirements to be a child-care staff member or
administrator that does both of the following:
(1) Uses a framework approved by the director of job and
family services to document formal education, training,
experience, and specialized credentials and certifications;
(2) Allows the child-care staff member or administrator to
achieve a designation as an early childhood professional level
one, two, three, four, five, or six.
(F)(E) "Caretaker parent" means the father or mother of a
child whose presence in the home is needed as the caretaker of the
child, a person who has legal custody of a child and whose
presence in the home is needed as the caretaker of the child, a
guardian of a child whose presence in the home is needed as the
caretaker of the child, and any other person who stands in loco
parentis with respect to the child and whose presence in the home
is needed as the caretaker of the child.
(G) "Certified type B family day-care home" and "certified
type B home" mean a type B family day-care home that is certified
by the director of the county department of job and family
services pursuant to section 5104.11 of the Revised Code to
receive public funds for providing child care pursuant to this
chapter and any rules adopted under it.
(H)(F) "Chartered nonpublic school" means a school that meets
standards for nonpublic schools prescribed by the state board of
education for nonpublic schools pursuant to section 3301.07 of the
Revised Code.
(I)(G) "Child" includes an infant, toddler, preschool-age
child, or school-age child.
(J)(H) "Child care block grant act" means the "Child Care and
Development Block Grant Act of 1990," established in section 5082
of the "Omnibus Budget Reconciliation Act of 1990," 104 Stat.
1388-236 (1990), 42 U.S.C. 9858, as amended.
(K)(I) "Child day camp" means a program in which only
school-age children attend or participate, that operates for no
more than seven hours per day, that operates only during one or
more public school district's regular vacation periods or for no
more than fifteen weeks during the summer, and that operates
outdoor activities for each child who attends or participates in
the program for a minimum of fifty per cent of each day that
children attend or participate in the program, except for any day
when hazardous weather conditions prevent the program from
operating outdoor activities for a minimum of fifty per cent of
that day. For purposes of this division, the maximum seven hours
of operation time does not include transportation time from a
child's home to a child day camp and from a child day camp to a
child's home.
(L)(J) "Child care" means administering to the needs of
infants, toddlers, preschool-age children, and school-age children
outside of school hours by persons other than their parents or
guardians, custodians, or relatives by blood, marriage, or
adoption for any part of the twenty-four-hour day in a place or
residence other than a child's own home.
(M)(K) "Child day-care center" and "center" mean any place in
which child care or publicly funded child care is provided for
thirteen or more children at one time or any place that is not the
permanent residence of the licensee or administrator in which
child care or publicly funded child care is provided for seven to
twelve children at one time. In counting children for the purposes
of this division, any children under six years of age who are
related to a licensee, administrator, or employee and who are on
the premises of the center shall be counted. "Child day-care
center" and "center" do not include any of the following:
(1) A place located in and operated by a hospital, as defined
in section 3727.01 of the Revised Code, in which the needs of
children are administered to, if all the children whose needs are
being administered to are monitored under the on-site supervision
of a physician licensed under Chapter 4731. of the Revised Code or
a registered nurse licensed under Chapter 4723. of the Revised
Code, and the services are provided only for children who, in the
opinion of the child's parent, guardian, or custodian, are
exhibiting symptoms of a communicable disease or other illness or
are injured;
(3) A place that provides child care, but not publicly funded
child care, if all of the following apply:
(a) An organized religious body provides the child care;
(b) A parent, custodian, or guardian of at least one child
receiving child care is on the premises and readily accessible at
all times;
(c) The child care is not provided for more than thirty days
a year;
(d) The child care is provided only for preschool-age and
school-age children.
(N)(L) "Child care resource and referral service
organization" means a community-based nonprofit organization that
provides child care resource and referral services but not child
care.
(O)(M) "Child care resource and referral services" means all
of the following services:
(1) Maintenance of a uniform data base of all child care
providers in the community that are in compliance with this
chapter, including current occupancy and vacancy data;
(2) Provision of individualized consumer education to
families seeking child care;
(3) Provision of timely referrals of available child care
providers to families seeking child care;
(4) Recruitment of child care providers;
(5) Assistance in the development, conduct, and dissemination
of training for child care providers and provision of technical
assistance to current and potential child care providers,
employers, and the community;
(6) Collection and analysis of data on the supply of and
demand for child care in the community;
(7) Technical assistance concerning locally, state, and
federally funded child care and early childhood education
programs;
(8) Stimulation of employer involvement in making child care
more affordable, more available, safer, and of higher quality for
their employees and for the community;
(9) Provision of written educational materials to caretaker
parents and informational resources to child care providers;
(10) Coordination of services among child care resource and
referral service organizations to assist in developing and
maintaining a statewide system of child care resource and referral
services if required by the department of job and family services;
(11) Cooperation with the county department of job and family
services in encouraging the establishment of parent cooperative
child care centers and parent cooperative type A family day-care
homes.
(P)(N) "Child-care staff member" means an employee of a child
day-care center or type A family day-care home who is primarily
responsible for the care and supervision of children. The
administrator may be a part-time child-care staff member when not
involved in other duties.
(Q)(O) "Drop-in child day-care center," "drop-in center,"
"drop-in type A family day-care home," and "drop-in type A home"
mean a center or type A home that provides child care or publicly
funded child care for children on a temporary, irregular basis.
(R)(P) "Employee" means a person who either:
(1) Receives compensation for duties performed in a child
day-care center or type A family day-care home;
(2) Is assigned specific working hours or duties in a child
day-care center or type A family day-care home.
(S)(Q) "Employer" means a person, firm, institution,
organization, or agency that operates a child day-care center or
type A family day-care home subject to licensure under this
chapter.
(T)(R) "Federal poverty line" means the official poverty
guideline as revised annually in accordance with section 673(2) of
the "Omnibus Budget Reconciliation Act of 1981," 95 Stat. 511, 42
U.S.C. 9902, as amended, for a family size equal to the size of
the family of the person whose income is being determined.
(U)(S) "Head start program" means a comprehensive child
development program that receives funds distributed under the
"Head Start Act," 95 Stat. 499 (1981), 42 U.S.C.A. 9831, as
amended, and is licensed as a child day-care center.
(V)(T) "Income" means gross income, as defined in section
5107.10 of the Revised Code, less any amounts required by federal
statutes or regulations to be disregarded.
(W)(U) "Indicator checklist" means an inspection tool, used
in conjunction with an instrument-based program monitoring
information system, that contains selected licensing requirements
that are statistically reliable indicators or predictors of a
child day-care center or center's type A family day-care home's,
or licensed type B family day-care home's compliance with
licensing requirements.
(X)(V) "Infant" means a child who is less than eighteen
months of age.
(Y)(W) "In-home aide" means a person who does not reside with
the child but provides care in the child's home and is certified
by a county director of job and family services pursuant to
section 5104.12 of the Revised Code to provide publicly funded
child care to a child in a child's own home pursuant to this
chapter and any rules adopted under it.
(Z)(X) "Instrument-based program monitoring information
system" means a method to assess compliance with licensing
requirements for child day-care centers and, type A family
day-care homes, and licensed type B family day-care homes in which
each licensing requirement is assigned a weight indicative of the
relative importance of the requirement to the health, growth, and
safety of the children that is used to develop an indicator
checklist.
(AA)(Y) "License capacity" means the maximum number in each
age category of children who may be cared for in a child day-care
center or type A family day-care home at one time as determined by
the director of job and family services considering building
occupancy limits established by the department of commerce, amount
of available indoor floor space and outdoor play space, and amount
of available play equipment, materials, and supplies. For the
purposes of a provisional license issued under this chapter, the
director shall also consider the number of available child-care
staff members when determining "license capacity" for the
provisional license.
(BB)(Z) "Licensed child care program" means any of the
following:
(1) A child day-care center licensed by the department of job
and family services pursuant to this chapter;
(2) A type A family day-care home or type B family day-care
home licensed by the department of job and family services
pursuant to this chapter;
(3) A type B family day-care home certified by a county
department of job and family services pursuant to this chapter;
(4) A licensed preschool program or licensed school child
program.
(CC)(AA) "Licensed preschool program" or "licensed school
child program" means a preschool program or school child program,
as defined in section 3301.52 of the Revised Code, that is
licensed by the department of education pursuant to sections
3301.52 to 3301.59 of the Revised Code.
(DD)(BB) "Licensed type B family day-care home" and "licensed
type B home" mean a type B family day-care home for which there is
a valid license issued by the director of job and family services
pursuant to section 5104.03 of the Revised Code.
(CC) "Licensee" means the owner of a child day-care center
or, type A family day-care home, or type B family day-care home
that is licensed pursuant to this chapter and who is responsible
for ensuring its compliance with this chapter and rules adopted
pursuant to this chapter.
(EE)(DD) "Operate a child day camp" means to operate,
establish, manage, conduct, or maintain a child day camp.
(FF)(EE) "Owner" includes a person, as defined in section
1.59 of the Revised Code, or government entity.
(GG)(FF) "Parent cooperative child day-care center," "parent
cooperative center," "parent cooperative type A family day-care
home," and "parent cooperative type A home" mean a corporation or
association organized for providing educational services to the
children of members of the corporation or association, without
gain to the corporation or association as an entity, in which the
services of the corporation or association are provided only to
children of the members of the corporation or association,
ownership and control of the corporation or association rests
solely with the members of the corporation or association, and at
least one parent-member of the corporation or association is on
the premises of the center or type A home during its hours of
operation.
(HH)(GG) "Part-time child day-care center," "part-time
center," "part-time type A family day-care home," and "part-time
type A home" mean a center or type A home that provides child care
or publicly funded child care for no more than four hours a day
for any child.
(II)(HH) "Place of worship" means a building where activities
of an organized religious group are conducted and includes the
grounds and any other buildings on the grounds used for such
activities.
(JJ)(II) "Preschool-age child" means a child who is three
years old or older but is not a school-age child.
(KK)(JJ) "Protective child care" means publicly funded child
care for the direct care and protection of a child to whom either
of the following applies:
(1) A case plan prepared and maintained for the child
pursuant to section 2151.412 of the Revised Code indicates a need
for protective care and the child resides with a parent,
stepparent, guardian, or another person who stands in loco
parentis as defined in rules adopted under section 5104.38 of the
Revised Code;
(2) The child and the child's caretaker either temporarily
reside in a facility providing emergency shelter for homeless
families or are determined by the county department of job and
family services to be homeless, and are otherwise ineligible for
publicly funded child care.
(LL)(KK) "Publicly funded child care" means administering to
the needs of infants, toddlers, preschool-age children, and
school-age children under age thirteen during any part of the
twenty-four-hour day by persons other than their caretaker parents
for remuneration wholly or in part with federal or state funds,
including funds available under the child care block grant act,
Title IV-A, and Title XX, distributed by the department of job and
family services.
(MM)(LL) "Religious activities" means any of the following:
worship or other religious services; religious instruction; Sunday
school classes or other religious classes conducted during or
prior to worship or other religious services; youth or adult
fellowship activities; choir or other musical group practices or
programs; meals; festivals; or meetings conducted by an organized
religious group.
(NN)(MM) "School-age child" means a child who is enrolled in
or is eligible to be enrolled in a grade of kindergarten or above
but is less than fifteen years old.
(OO)(NN) "School-age child care center" and "school-age child
type A home" mean a center or type A home that provides child care
for school-age children only and that does either or both of the
following:
(1) Operates only during that part of the day that
immediately precedes or follows the public school day of the
school district in which the center or type A home is located;
(2) Operates only when the public schools in the school
district in which the center or type A home is located are not
open for instruction with pupils in attendance.
(PP)(OO) "Serious risk noncompliance" means a licensure or
certification rule violation that leads to a great risk of harm
to, or death of, a child, and is observable, not inferable.
(QQ)(PP) "State median income" means the state median income
calculated by the department of development pursuant to division
(A)(1)(g) of section 5709.61 of the Revised Code.
(RR)(QQ) "Title IV-A" means Title IV-A of the "Social
Security Act," 110 Stat. 2113 (1996), 42 U.S.C. 601, as amended.
(SS)(RR) "Title XX" means Title XX of the "Social Security
Act," 88 Stat. 2337 (1974), 42 U.S.C. 1397, as amended.
(TT)(SS) "Toddler" means a child who is at least eighteen
months of age but less than three years of age.
(UU)(TT) "Type A family day-care home" and "type A home" mean
a permanent residence of the administrator in which child care or
publicly funded child care is provided for seven to twelve
children at one time or a permanent residence of the administrator
in which child care is provided for four to twelve children at one
time if four or more children at one time are under two years of
age. In counting children for the purposes of this division, any
children under six years of age who are related to a licensee,
administrator, or employee and who are on the premises of the type
A home shall be counted. "Type A family day-care home" and "type A
home" do not include any child day camp.
(VV)(UU) "Type B family day-care home" and "type B home" mean
a permanent residence of the provider in which child care is
provided for one to six children at one time and in which no more
than three children are under two years of age at one time. In
counting children for the purposes of this division, any children
under six years of age who are related to the provider and who are
on the premises of the type B home shall be counted. "Type B
family day-care home" and "type B home" do not include any child
day camp.
Sec. 5104.012. (A)(1) At the times specified in this
division, the administrator of a child day-care center or a type A
family day-care home shall request the superintendent of the
bureau of criminal identification and investigation to conduct a
criminal records check with respect to any applicant who has
applied to the center or type A home for employment as a person
responsible for the care, custody, or control of a child.
The administrator shall request a criminal records check
pursuant to this division at the time of the applicant's initial
application for employment and every four years thereafter. When
the administrator requests pursuant to this division a criminal
records check for an applicant at the time of the applicant's
initial application for employment, the administrator shall
request that the superintendent obtain information from the
federal bureau of investigation as a part of the criminal records
check for the applicant, including fingerprint-based checks of
national crime information databases as described in 42 U.S.C.
671, for the person subject to the criminal records check. In all
other cases in which the administrator requests a criminal records
check for an applicant pursuant to this division, the
administrator may request that the superintendent include
information from the federal bureau of investigation in the
criminal records check, including fingerprint-based checks of
national crime information databases as described in 42 U.S.C.
671.
(2) A person required by division (A)(1) of this section to
request a criminal records check shall provide to each applicant a
copy of the form prescribed pursuant to division (C)(1) of section
109.572 of the Revised Code, provide to each applicant a standard
impression sheet to obtain fingerprint impressions prescribed
pursuant to division (C)(2) of section 109.572 of the Revised
Code, obtain the completed form and impression sheet from each
applicant, and forward the completed form and impression sheet to
the superintendent of the bureau of criminal identification and
investigation at the time the person requests a criminal records
check pursuant to division (A)(1) of this section. On and after
August 14, 2008, the administrator of a child day-care center or a
type A family day-care home shall review the results of the
criminal records check before the applicant has sole
responsibility for the care, custody, or control of any child.
(3) An applicant who receives pursuant to division (A)(2) of
this section a copy of the form prescribed pursuant to division
(C)(1) of section 109.572 of the Revised Code and a copy of an
impression sheet prescribed pursuant to division (C)(2) of that
section and who is requested to complete the form and provide a
set of fingerprint impressions shall complete the form or provide
all the information necessary to complete the form and shall
provide the impression sheet with the impressions of the
applicant's fingerprints. If an applicant, upon request, fails to
provide the information necessary to complete the form or fails to
provide impressions of the applicant's fingerprints, the center or
type A home shall not employ that applicant for any position for
which a criminal records check is required by division (A)(1) of
this section.
(B)(1) Except as provided in rules adopted under division (E)
of this section, no child day-care center or type A family
day-care home shall employ or contract with another entity for the
services of a person as a person responsible for the care,
custody, or control of a child if the person previously has been
convicted of or pleaded guilty to any of the violations described
in division (A)(9) of section 109.572 of the Revised Code.
(2) A child day-care center or type A family day-care home
may employ an applicant conditionally until the criminal records
check required by this section is completed and the center or home
receives the results of the criminal records check. If the results
of the criminal records check indicate that, pursuant to division
(B)(1) of this section, the applicant does not qualify for
employment, the center or home shall release the applicant from
employment.
(C)(1) Each child day-care center and type A family day-care
home shall pay to the bureau of criminal identification and
investigation the fee prescribed pursuant to division (C)(3) of
section 109.572 of the Revised Code for each criminal records
check conducted in accordance with that section upon the request
pursuant to division (A)(1) of this section of the administrator
or provider of the center or home.
(2) A child day-care center and type A family day-care home
may charge an applicant a fee for the costs it incurs in obtaining
a criminal records check under this section. A fee charged under
this division shall not exceed the amount of fees the center or
home pays under division (C)(1) of this section. If a fee is
charged under this division, the center or home shall notify the
applicant at the time of the applicant's initial application for
employment of the amount of the fee and that, unless the fee is
paid, the center or type A home will not consider the applicant
for employment.
(D) The report of any criminal records check conducted by the
bureau of criminal identification and investigation in accordance
with section 109.572 of the Revised Code and pursuant to a request
under division (A)(1) of this section is not a public record for
the purposes of section 149.43 of the Revised Code and shall not
be made available to any person other than the applicant who is
the subject of the criminal records check or the applicant's
representative; the center or type A home requesting the criminal
records check or its representative; the department of job and
family services or a county department of job and family services;
and any court, hearing officer, or other necessary individual
involved in a case dealing with the denial of employment to the
applicant.
(E) The director of job and family services shall adopt rules
pursuant to Chapter 119. of the Revised Code to implement this
section, including rules specifying circumstances under which a
center or home may hire a person who has been convicted of an
offense listed in division (B)(1) of this section but who meets
standards in regard to rehabilitation set by the department.
(F) Any person required by division (A)(1) of this section to
request a criminal records check shall inform each person, at the
time of the person's initial application for employment, that the
person is required to provide a set of impressions of the person's
fingerprints and that a criminal records check is required to be
conducted and satisfactorily completed in accordance with section
109.572 of the Revised Code if the person comes under final
consideration for appointment or employment as a precondition to
employment for that position.
(G) As used in this section:
(1) "Applicant" means a person who is under final
consideration for appointment to or employment in a position with
a child day-care center or a type A family day-care home as a
person responsible for the care, custody, or control of a child;
an in-home aide certified pursuant to section 5104.12 of the
Revised Code; or any person who would serve in any position with a
child day-care center or a type A family day-care home as a person
responsible for the care, custody, or control of a child pursuant
to a contract with another entity.
(2) "Criminal records check" has the same meaning as in
section 109.572 of the Revised Code.
Sec. 5104.013. (A)(1) At the times specified in division
(A)(3) of this section, the director of job and family services,
as part of the process of licensure of child day-care centers and,
type A family day-care homes, and licensed type B family day-care
homes shall request the superintendent of the bureau of criminal
identification and investigation to conduct a criminal records
check with respect to the following persons:
(a) Any owner, licensee, or administrator of a child day-care
center;
(b) Any owner, licensee, or administrator of a type A family
day-care home and any person eighteen years of age or older who
resides in a type A family day-care home.;
(2) At the times specified in division (A)(3) of this
section, the director of a county department of job and family
services, as part of the process of certification of type B family
day-care homes, shall request the superintendent of the bureau of
criminal identification and investigation to conduct a criminal
records check with respect to any authorized provider (c) Any
administrator of a
certified licensed type B family day-care home
and any person eighteen years of age or older who resides in a
certified licensed type B family day-care home.
(2) At the time specified in division (A)(3) of this section,
the director of a county department of job and family services, as
part of the process of certification of in-home aides, shall
request the superintendent of the bureau of criminal
identification and investigation to conduct a criminal records
check with respect to any in-home aide.
(3) The director of job and family services shall request a
criminal records check pursuant to division (A)(1) of this section
at the time of the initial application for licensure and every
four years thereafter. The director of a county department of job
and family services shall request a criminal records check
pursuant to division (A)(2) of this section at the time of the
initial application for certification and every four years
thereafter at the time of a certification renewal. When the
director of job and family services or the director of a county
department of job and family services requests pursuant to
division (A)(1) or (2) of this section a criminal records check
for a person at the time of the person's initial application for
licensure or certification, the director shall request that the
superintendent of the bureau of criminal identification and
investigation obtain information from the federal bureau of
investigation as a part of the criminal records check for the
person, including fingerprint-based checks of national crime
information databases as described in 42 U.S.C. 671 for the person
subject to the criminal records check. In all other cases in which
the director of job and family services or the director of a
county department of job and family services requests a criminal
records check for an applicant pursuant to division (A)(1) or (2)
of this section, the director may request that the superintendent
include information from the federal bureau of investigation in
the criminal records check, including fingerprint-based checks of
national crime information databases as described in 42 U.S.C.
671.
(4) The director of job and family services shall review the
results of a criminal records check subsequent to a request made
pursuant to divisions (A)(1) and (3) of this section prior to
approval of a license. The director of a county department of job
and family services shall review the results of a criminal records
check subsequent to a request made pursuant to divisions (A)(2)
and (3) of this section prior to approval of certification.
(B) The director of job and family services or the director
of a county department of job and family services shall provide to
each person for whom a criminal records check is required under
this section a copy of the form prescribed pursuant to division
(C)(1) of section 109.572 of the Revised Code and a standard
impression sheet to obtain fingerprint impressions prescribed
pursuant to division (C)(2) of that section, obtain the completed
form and impression sheet from that person, and forward the
completed form and impression sheet to the superintendent of the
bureau of criminal identification and investigation.
(C) A person who receives pursuant to division (B) of this
section a copy of the form and standard impression sheet described
in that division and who is requested to complete the form and
provide a set of fingerprint impressions shall complete the form
or provide all the information necessary to complete the form and
shall provide the impression sheet with the impressions of the
person's fingerprints. If the person, upon request, fails to
provide the information necessary to complete the form or fails to
provide impressions of the person's fingerprints, the director may
consider the failure as a reason to deny licensure or
certification.
(D) Except as provided in rules adopted under division (G) of
this section, the director of job and family services shall not
grant a license to a child day-care center or, type A family
day-care home and a county director of job and family services
shall not certify a, or type B family day-care home and a county
director of job and family services shall not certify an in-home
aide if a person for whom a criminal records check was required in
connection with the center or home previously has been convicted
of or pleaded guilty to any of the violations described in
division (A)(9) of section 109.572 of the Revised Code.
(E) Each child day-care center, type A family day-care home,
and type B family day-care home shall pay to the bureau of
criminal identification and investigation the fee prescribed
pursuant to division (C)(3) of section 109.572 of the Revised Code
for each criminal records check conducted in accordance with that
section upon a request made pursuant to division (A) of this
section.
(F) The report of any criminal records check conducted by the
bureau of criminal identification and investigation in accordance
with section 109.572 of the Revised Code and pursuant to a request
made under division (A) of this section is not a public record for
the purposes of section 149.43 of the Revised Code and shall not
be made available to any person other than the person who is the
subject of the criminal records check or the person's
representative, the director of job and family services, the
director of a county department of job and family services, the
center, type A home, or type B home involved, and any court,
hearing officer, or other necessary individual involved in a case
dealing with a denial of licensure or certification related to the
criminal records check.
(G) The director of job and family services shall adopt rules
pursuant to in accordance with Chapter 119. of the Revised Code to
implement this section, including rules specifying exceptions to
the prohibition in division (D) of this section for persons who
have been convicted of an offense listed in that division but who
meet standards in regard to rehabilitation set by the department
director.
(H) As used in this section, "criminal records check" has the
same meaning as in section 109.572 of the Revised Code.
Sec. 5104.011 5104.015. (A) The director of job and family
services shall adopt rules pursuant to in accordance with Chapter
119. of the Revised Code governing the operation of child day-care
centers, including, but not limited to, parent cooperative
centers, part-time centers, drop-in centers, and school-age child
care centers, which. The rules shall reflect the various forms of
child care and the needs of children receiving child care or
publicly funded child care and shall include specific rules for
school-age child care centers that are developed in consultation
with the department of education. The rules shall not require an
existing school facility that is in compliance with applicable
building codes to undergo an additional building code inspection
or to have structural modifications. The rules shall include the
following:
(1)(A) Submission of a site plan and descriptive plan of
operation to demonstrate how the center proposes to meet the
requirements of this chapter and rules adopted pursuant to this
chapter for the initial license application;
(2)(B) Standards for ensuring that the physical surroundings
of the center are safe and sanitary including, but not limited to,
the physical environment, the physical plant, and the equipment of
the center;
(3)(C) Standards for the supervision, care, and discipline of
children receiving child care or publicly funded child care in the
center;
(4)(D) Standards for a program of activities, and for play
equipment, materials, and supplies, to enhance the development of
each child; however, any educational curricula, philosophies, and
methodologies that are developmentally appropriate and that
enhance the social, emotional, intellectual, and physical
development of each child shall be permissible. As used in this
division, "program" does not include instruction in religious or
moral doctrines, beliefs, or values that is conducted at child
day-care centers owned and operated by churches and does include
methods of disciplining children at child day-care centers.
(5)(E) Admissions policies and procedures, health care
policies and procedures, including, but not limited to, procedures
for the isolation of children with communicable diseases, first
aid and emergency procedures, procedures for discipline and
supervision of children, standards for the provision of nutritious
meals and snacks, and procedures for screening children and
employees, that may include any necessary physical examinations
and immunizations;
(6)(F) Methods for encouraging parental participation in the
center and methods for ensuring that the rights of children,
parents, and employees are protected and that responsibilities of
parents and employees are met;
(7)(G) Procedures for ensuring the safety and adequate
supervision of children traveling off the premises of the center
while under the care of a center employee;
(8)(H) Procedures for record keeping, organization, and
administration;
(9)(I) Procedures for issuing, denying, and revoking a
license that are not otherwise provided for in Chapter 119. of the
Revised Code;
(10)(J) Inspection procedures;
(11)(K) Procedures and standards for setting initial license
application fees;
(12)(L) Procedures for receiving, recording, and responding
to complaints about centers;
(13)(M) Procedures for enforcing section 5104.04 of the
Revised Code;
(14)(N) A standard requiring the inclusion, on and after July
1, 1987, of a current department of job and family services
toll-free telephone number on each center provisional license or
license which any person may use to report a suspected violation
by the center of this chapter or rules adopted pursuant to this
chapter;
(15)(O) Requirements for the training of administrators and
child-care staff members in first aid, in prevention, recognition,
and management of communicable diseases, and in child abuse
recognition and prevention. Training requirements for child
day-care centers adopted under this division shall be consistent
with divisions (B)(6) and (C)(1) of this section sections 5104.034
and 5104.037 of the Revised Code.
(16)(P) Standards providing for the special needs of children
who are handicapped or who require treatment for health conditions
while the child is receiving child care or publicly funded child
care in the center;
(17)(Q) A procedure for reporting of injuries of children
that occur at the center;
(18)(R) Standards for licensing child day-care centers for
children with short-term illnesses and other temporary medical
conditions;
(S) Any other procedures and standards necessary to carry out
the provisions of this chapter regarding child day-care centers.
(B)(1) The child day-care center shall have, for each child
for whom the center is licensed, at least thirty-five square feet
of usable indoor floor space wall-to-wall regularly available for
the child care operation exclusive of any parts of the structure
in which the care of children is prohibited by law or by rules
adopted by the board of building standards. The minimum of
thirty-five square feet of usable indoor floor space shall not
include hallways, kitchens, storage areas, or any other areas that
are not available for the care of children, as determined by the
director, in meeting the space requirement of this division, and
bathrooms shall be counted in determining square footage only if
they are used exclusively by children enrolled in the center,
except that the exclusion of hallways, kitchens, storage areas,
bathrooms not used exclusively by children enrolled in the center,
and any other areas not available for the care of children from
the minimum of thirty-five square feet of usable indoor floor
space shall not apply to:
(a) Centers licensed prior to or on September 1, 1986, that
continue under licensure after that date;
(b) Centers licensed prior to or on September 1, 1986, that
are issued a new license after that date solely due to a change of
ownership of the center.
(2) The child day-care center shall have on the site a safe
outdoor play space which is enclosed by a fence or otherwise
protected from traffic or other hazards. The play space shall
contain not less than sixty square feet per child using such space
at any one time, and shall provide an opportunity for supervised
outdoor play each day in suitable weather. The director may exempt
a center from the requirement of this division, if an outdoor play
space is not available and if all of the following are met:
(a) The center provides an indoor recreation area that has
not less than sixty square feet per child using the space at any
one time, that has a minimum of one thousand four hundred forty
square feet of space, and that is separate from the indoor space
required under division (B)(1) of this section.
(b) The director has determined that there is regularly
available and scheduled for use a conveniently accessible and safe
park, playground, or similar outdoor play area for play or
recreation.
(c) The children are closely supervised during play and while
traveling to and from the area.
The director also shall exempt from the requirement of this
division a child day-care center that was licensed prior to
September 1, 1986, if the center received approval from the
director prior to September 1, 1986, to use a park, playground, or
similar area, not connected with the center, for play or
recreation in lieu of the outdoor space requirements of this
section and if the children are closely supervised both during
play and while traveling to and from the area and except if the
director determines upon investigation and inspection pursuant to
section 5104.04 of the Revised Code and rules adopted pursuant to
that section that the park, playground, or similar area, as well
as access to and from the area, is unsafe for the children.
(3) The child day-care center shall have at least two
responsible adults available on the premises at all times when
seven or more children are in the center. The center shall
organize the children in the center in small groups, shall provide
child-care staff to give continuity of care and supervision to the
children on a day-by-day basis, and shall ensure that no child is
left alone or unsupervised. Except as otherwise provided in
division (E) of this section, the maximum number of children per
child-care staff member and maximum group size, by age category of
children, are as follows:
|
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Maximum Number of |
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Children Per |
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Maximum |
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Age Category |
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Child-Care |
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Group |
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of Children |
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Staff Member |
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Size |
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(a) Infants: |
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(i) Less than twelve |
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months old |
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5:1, or |
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12:2 if two |
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child-care |
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staff members |
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are in the room |
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12 |
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(ii) At least twelve |
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months old, but |
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less than eighteen |
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months old |
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6:1 |
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12 |
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(b) Toddlers: |
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(i) At least eighteen |
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months old, but |
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less than thirty |
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months old |
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7:1 |
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14 |
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(ii) At least thirty months |
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old, but less than |
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three years old |
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8:1 |
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16 |
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(c) Preschool |
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children: |
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(i) Three years old |
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12:1 |
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24 |
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(ii) Four years old and |
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five years old who |
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are not school |
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children |
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14:1 |
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28 |
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(d) School children: |
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(i) A child who is |
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enrolled in or is
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eligible to be |
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enrolled in a grade
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of kindergarten |
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or above, but |
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is less than
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eleven years old |
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18:1 |
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36 |
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(ii) Eleven through fourteen |
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years old |
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20:1 |
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40 |
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|
Except as otherwise provided in division (E) of this section,
the maximum number of children per child-care staff member and
maximum group size requirements of the younger age group shall
apply when age groups are combined.
(C)(1) Each child day-care center shall have on the center
premises and readily available at all times at least one
child-care staff member who has completed a course in first aid,
one staff member who has completed a course in prevention,
recognition, and management of communicable diseases which is
approved by the state department of health, and a staff member who
has completed a course in child abuse recognition and prevention
training which is approved by the department of job and family
services.
(2) The administrator of each child day-care center shall
maintain enrollment, health, and attendance records for all
children attending the center and health and employment records
for all center employees. The records shall be confidential,
except that they shall be disclosed by the administrator to the
director upon request for the purpose of administering and
enforcing this chapter and rules adopted pursuant to this chapter.
Neither the center nor the licensee, administrator, or employees
of the center shall be civilly or criminally liable in damages or
otherwise for records disclosed to the director by the
administrator pursuant to this division. It shall be a defense to
any civil or criminal charge based upon records disclosed by the
administrator to the director that the records were disclosed
pursuant to this division.
(3)(a) Any parent who is the residential parent and legal
custodian of a child enrolled in a child day-care center and any
custodian or guardian of such a child shall be permitted unlimited
access to the center during its hours of operation for the
purposes of contacting their children, evaluating the care
provided by the center, evaluating the premises of the center, or
for other purposes approved by the director. A parent of a child
enrolled in a child day-care center who is not the child's
residential parent shall be permitted unlimited access to the
center during its hours of operation for those purposes under the
same terms and conditions under which the residential parent of
that child is permitted access to the center for those purposes.
However, the access of the parent who is not the residential
parent is subject to any agreement between the parents and, to the
extent described in division (C)(3)(b) of this section, is subject
to any terms and conditions limiting the right of access of the
parent who is not the residential parent, as described in division
(I) of section 3109.051 of the Revised Code, that are contained in
a parenting time order or decree issued under that section,
section 3109.12 of the Revised Code, or any other provision of the
Revised Code.
(b) If a parent who is the residential parent of a child has
presented the administrator or the administrator's designee with a
copy of a parenting time order that limits the terms and
conditions under which the parent who is not the residential
parent is to have access to the center, as described in division
(I) of section 3109.051 of the Revised Code, the parent who is not
the residential parent shall be provided access to the center only
to the extent authorized in the order. If the residential parent
has presented such an order, the parent who is not the residential
parent shall be permitted access to the center only in accordance
with the most recent order that has been presented to the
administrator or the administrator's designee by the residential
parent or the parent who is not the residential parent.
(c) Upon entering the premises pursuant to division (C)(3)(a)
or (b) of this section, the parent who is the residential parent
and legal custodian, the parent who is not the residential parent,
or the custodian or guardian shall notify the administrator or the
administrator's designee of the parent's, custodian's, or
guardian's presence.
(D) The director of job and family services, in addition to
the rules adopted under division (A) of this section, shall adopt
rules establishing minimum requirements for child day-care
centers. The rules shall include, but not be limited to, the
requirements set forth in divisions (B) and (C) of this section
and sections 5104.031, 5104.032, and 5104.033 of the Revised Code.
Except as provided in section 5104.07 of the Revised Code, the
rules shall not change the square footage requirements of division
(B)(1) or (2) of this section; the maximum number of children per
child-care staff member and maximum group size requirements of
division (B)(3) of this section; the educational and experience
requirements of section 5104.031 of the Revised Code; the age,
educational, and experience requirements of section 5104.032 of
the Revised Code; the number and type of inservice training hours
required under section 5104.033 of the Revised Code; however, the
rules shall provide procedures for determining compliance with
those requirements.
(E)(1) When age groups are combined, the maximum number of
children per child-care staff member shall be determined by the
age of the youngest child in the group, except that when no more
than one child thirty months of age or older receives services in
a group in which all the other children are in the next older age
group, the maximum number of children per child-care staff member
and maximum group size requirements of the older age group
established under division (B)(3) of this section shall apply.
(2) The maximum number of toddlers or preschool children per
child-care staff member in a room where children are napping shall
be twice the maximum number of children per child-care staff
member established under division (B)(3) of this section if all
the following criteria are met:
(a) At least one child-care staff member is present in the
room.
(b) Sufficient child-care staff members are on the child
day-care center premises to meet the maximum number of children
per child-care staff member requirements established under
division (B)(3) of this section.
(c) Naptime preparations are complete and all napping
children are resting or sleeping on cots.
(d) The maximum number established under division (E)(2) of
this section is in effect for no more than two hours during a
twenty-four-hour day.
(F) The director of job and family services shall adopt rules
pursuant to Chapter 119. of the Revised Code governing the
operation of type A family day-care homes, including, but not
limited to, parent cooperative type A homes, part-time type A
homes, drop-in type A homes, and school child type A homes, which
shall reflect the various forms of child care and the needs of
children receiving child care. The rules shall include the
following:
(1) Submission of a site plan and descriptive plan of
operation to demonstrate how the type A home proposes to meet the
requirements of this chapter and rules adopted pursuant to this
chapter for the initial license application;
(2) Standards for ensuring that the physical surroundings of
the type A home are safe and sanitary, including, but not limited
to, the physical environment, the physical plant, and the
equipment of the type A home;
(3) Standards for the supervision, care, and discipline of
children receiving child care or publicly funded child care in the
type A home;
(4) Standards for a program of activities, and for play
equipment, materials, and supplies, to enhance the development of
each child; however, any educational curricula, philosophies, and
methodologies that are developmentally appropriate and that
enhance the social, emotional, intellectual, and physical
development of each child shall be permissible;
(5) Admissions policies and procedures, health care policies
and procedures, including, but not limited to, procedures for the
isolation of children with communicable diseases, first aid and
emergency procedures, procedures for discipline and supervision of
children, standards for the provision of nutritious meals and
snacks, and procedures for screening children and employees,
including, but not limited to, any necessary physical examinations
and immunizations;
(6) Methods for encouraging parental participation in the
type A home and methods for ensuring that the rights of children,
parents, and employees are protected and that the responsibilities
of parents and employees are met;
(7) Procedures for ensuring the safety and adequate
supervision of children traveling off the premises of the type A
home while under the care of a type A home employee;
(8) Procedures for record keeping, organization, and
administration;
(9) Procedures for issuing, denying, and revoking a license
that are not otherwise provided for in Chapter 119. of the Revised
Code;
(10) Inspection procedures;
(11) Procedures and standards for setting initial license
application fees;
(12) Procedures for receiving, recording, and responding to
complaints about type A homes;
(13) Procedures for enforcing section 5104.04 of the Revised
Code;
(14) A standard requiring the inclusion, on or after July 1,
1987, of a current department of job and family services toll-free
telephone number on each type A home provisional license or
license which any person may use to report a suspected violation
by the type A home of this chapter or rules adopted pursuant to
this chapter;
(15) Requirements for the training of administrators and
child-care staff members in first aid, in prevention, recognition,
and management of communicable diseases, and in child abuse
recognition and prevention;
(16) Standards providing for the special needs of children
who are handicapped or who require treatment for health conditions
while the child is receiving child care or publicly funded child
care in the type A home;
(17) Standards for the maximum number of children per
child-care staff member;
(18) Requirements for the amount of usable indoor floor space
for each child;
(19) Requirements for safe outdoor play space;
(20) Qualifications and training requirements for
administrators and for child-care staff members;
(21) Procedures for granting a parent who is the residential
parent and legal custodian, or a custodian or guardian access to
the type A home during its hours of operation;
(22) Standards for the preparation and distribution of a
roster of parents, custodians, and guardians;
(23) Any other procedures and standards necessary to carry
out this chapter.
(G) The director of job and family services shall adopt rules
pursuant to Chapter 119. of the Revised Code governing the
certification of type B family day-care homes.
(1) The rules shall include all of the following:
(a) Procedures, standards, and other necessary provisions for
granting limited certification to type B family day-care homes
that are operated by the following adult providers:
(i) Persons who provide child care for eligible children who
are great-grandchildren, grandchildren, nieces, nephews, or
siblings of the provider or for eligible children whose caretaker
parent is a grandchild, child, niece, nephew, or sibling of the
provider;
(ii) Persons who provide child care for eligible children all
of whom are the children of the same caretaker parent;
(b) Procedures for the director to ensure, that type B homes
that receive a limited certification provide child care to
children in a safe and sanitary manner;
(c) Requirements for the type B home to notify parents with
children in the type B home that the type B home is also certified
as a foster home under section 5103.03 of the Revised Code.
With regard to providers who apply for limited certification,
a provider shall be granted a provisional limited certification on
signing a declaration under oath attesting that the provider meets
the standards for limited certification. Such provisional limited
certifications shall remain in effect for no more than sixty
calendar days and shall entitle the provider to offer publicly
funded child care during the provisional period. Except as
otherwise provided in division (G)(1) of this section, section
5104.013 or 5104.09 of the Revised Code, or division (A)(2) of
section 5104.11 of the Revised Code, prior to the expiration of
the provisional limited certificate, a county department of job
and family services shall inspect the home and shall grant limited
certification to the provider if the provider meets the
requirements of this division. Limited certificates remain valid
for two years unless earlier revoked. Except as otherwise provided
in division (G)(1) of this section, providers operating under
limited certification shall be inspected annually.
If a provider is a person described in division (G)(1)(a)(i)
of this section or a person described in division (G)(1)(a)(ii) of
this section who is a friend of the caretaker parent, the provider
and the caretaker parent may verify in writing to the county
department of job and family services that minimum health and
safety requirements are being met in the home. Except as otherwise
provided in section 5104.013 or 5104.09 or in division (A)(2) of
section 5104.11 of the Revised Code, if such verification is
provided, the county shall waive any inspection required by this
chapter and grant limited certification to the provider.
(2) The rules shall provide for safeguarding the health,
safety, and welfare of children receiving child care or publicly
funded child care in a certified type B home and shall include the
following:
(a) Standards for ensuring that the type B home and the
physical surroundings of the type B home are safe and sanitary,
including, but not limited to, physical environment, physical
plant, and equipment;
(b) Standards for the supervision, care, and discipline of
children receiving child care or publicly funded child care in the
home;
(c) Standards for a program of activities, and for play
equipment, materials, and supplies to enhance the development of
each child; however, any educational curricula, philosophies, and
methodologies that are developmentally appropriate and that
enhance the social, emotional, intellectual, and physical
development of each child shall be permissible;
(d) Admission policies and procedures, health care, first aid
and emergency procedures, procedures for the care of sick
children, procedures for discipline and supervision of children,
nutritional standards, and procedures for screening children and
authorized providers, including, but not limited to, any necessary
physical examinations and immunizations;
(e) Methods of encouraging parental participation and
ensuring that the rights of children, parents, and authorized
providers are protected and the responsibilities of parents and
authorized providers are met;
(f) Standards for the safe transport of children when under
the care of authorized providers;
(g) Procedures for issuing, renewing, denying, refusing to
renew, or revoking certificates;
(h) Procedures for the inspection of type B homes that
require, at a minimum, that each type B home be inspected prior to
certification to ensure that the home is safe and sanitary;
(i) Procedures for record keeping and evaluation;
(j) Procedures for receiving, recording, and responding to
complaints;
(k) Standards providing for the special needs of children who
are handicapped or who receive treatment for health conditions
while the child is receiving child care or publicly funded child
care in the type B home;
(l) Requirements for the amount of usable indoor floor space
for each child;
(m) Requirements for safe outdoor play space;
(n) Qualification and training requirements for authorized
providers;
(o) Procedures for granting a parent who is the residential
parent and legal custodian, or a custodian or guardian access to
the type B home during its hours of operation;
(p) Requirements for the type B home to notify parents with
children in the type B home that the type B home is also certified
as a foster home under section 5103.03 of the Revised Code;
(q) Any other procedures and standards necessary to carry out
this chapter.
(H) The director shall adopt rules pursuant to Chapter 119.
of the Revised Code governing the certification of in-home aides.
The rules shall include procedures, standards, and other necessary
provisions for granting limited certification to in-home aides who
provide child care for eligible children who are
great-grandchildren, grandchildren, nieces, nephews, or siblings
of the in-home aide or for eligible children whose caretaker
parent is a grandchild, child, niece, nephew, or sibling of the
in-home aide. The rules shall require, and shall include
procedures for the director to ensure, that in-home aides that
receive a limited certification provide child care to children in
a safe and sanitary manner. The rules shall provide for
safeguarding the health, safety, and welfare of children receiving
publicly funded child care in their own home and shall include the
following:
(1) Standards for ensuring that the child's home and the
physical surroundings of the child's home are safe and sanitary,
including, but not limited to, physical environment, physical
plant, and equipment;
(2) Standards for the supervision, care, and discipline of
children receiving publicly funded child care in their own home;
(3) Standards for a program of activities, and for play
equipment, materials, and supplies to enhance the development of
each child; however, any educational curricula, philosophies, and
methodologies that are developmentally appropriate and that
enhance the social, emotional, intellectual, and physical
development of each child shall be permissible;
(4) Health care, first aid, and emergency procedures,
procedures for the care of sick children, procedures for
discipline and supervision of children, nutritional standards, and
procedures for screening children and in-home aides, including,
but not limited to, any necessary physical examinations and
immunizations;
(5) Methods of encouraging parental participation and
ensuring that the rights of children, parents, and in-home aides
are protected and the responsibilities of parents and in-home
aides are met;
(6) Standards for the safe transport of children when under
the care of in-home aides;
(7) Procedures for issuing, renewing, denying, refusing to
renew, or revoking certificates;
(8) Procedures for inspection of homes of children receiving
publicly funded child care in their own homes;
(9) Procedures for record keeping and evaluation;
(10) Procedures for receiving, recording, and responding to
complaints;
(11) Qualifications and training requirements for in-home
aides;
(12) Standards providing for the special needs of children
who are handicapped or who receive treatment for health conditions
while the child is receiving publicly funded child care in the
child's own home;
(13) Any other procedures and standards necessary to carry
out this chapter.
(I) To the extent that any rules adopted for the purposes of
this section require a health care professional to perform a
physical examination, the rules shall include as a health care
professional a physician assistant, a clinical nurse specialist, a
certified nurse practitioner, or a certified nurse-midwife.
(J)(1) The director of job and family services shall do all
of the following:
(a) Provide or make available in either paper or electronic
form to each licensee notice of proposed rules governing the
licensure of child day-care centers and type A homes;
(b) Give public notice of hearings regarding the rules to
each licensee at least thirty days prior to the date of the public
hearing, in accordance with section 119.03 of the Revised Code;
(c) At least thirty days before the effective date of a rule,
provide, in either paper or electronic form, a copy of the adopted
rule to each licensee.
(2) The director shall do all of the following:
(a) Send to each county director of job and family services a
notice of proposed rules governing the certification of type B
family homes and in-home aides that includes an internet web site
address where the proposed rules can be viewed;
(b) Give public notice of hearings regarding the proposed
rules not less than thirty days in advance;
(c) Provide to each county director of job and family
services an electronic copy of each adopted rule at least
forty-five days prior to the rule's effective date.
(3) The county director of job and family services shall
provide or make available in either paper or electronic form to
each authorized provider and in-home aide copies of proposed rules
and shall give public notice of hearings regarding the rules to
each authorized provider and in-home aide at least thirty days
prior to the date of the public hearing, in accordance with
section 119.03 of the Revised Code. At least thirty days before
the effective date of a rule, the county director of job and
family services shall provide, in either paper or electronic form,
copies of the adopted rule to each authorized provider and in-home
aide.
(4) Additional copies of proposed and adopted rules shall be
made available by the director of job and family services to the
public on request at no charge.
(5) The director of job and family services may adopt rules
pursuant to Chapter 119. of the Revised Code for imposing
sanctions on persons and entities that are licensed or certified
under this chapter. Sanctions may be imposed only for an action or
omission that constitutes a serious risk noncompliance. The
sanctions imposed shall be based on the scope and severity of the
violations.
The director shall make a dispute resolution process
available for the implementation of sanctions. The process may
include an opportunity for appeal pursuant to Chapter 119. of the
Revised Code.
(6) The director of job and family services shall adopt rules
pursuant to Chapter 119. of the Revised Code that establish
standards for the training of individuals whom any county
department of job and family services employs, with whom any
county department of job and family services contracts, or with
whom the director of job and family services contracts, to inspect
or investigate type B family day-care homes pursuant to section
5104.11 of the Revised Code. The department shall provide training
in accordance with those standards for individuals in the
categories described in this division.
(K) The director of job and family services shall review all
rules adopted pursuant to this chapter at least once every seven
years.
(L) Notwithstanding any provision of the Revised Code, the
director of job and family services shall not regulate in any way
under this chapter or rules adopted pursuant to this chapter,
instruction in religious or moral doctrines, beliefs, or values.
Sec. 5104.016. The director of job and family services, in
addition to the rules adopted under section 5104.015 of the
Revised Code, shall adopt rules establishing minimum requirements
for child day-care centers. The rules shall include the
requirements set forth in sections 5104.032 to 5104.037 of the
Revised Code. Except as provided in section 5104.07 of the Revised
Code, the rules shall not change the square footage requirements
of section 5104.032 of the Revised Code; the maximum number of
children per child-care staff member and maximum group size
requirements of section 5104.033 of the Revised Code; the
educational and experience requirements of section 5104.035 of the
Revised Code; the age, educational, and experience requirements of
section 5104.036 of the Revised Code; the number and type of
inservice training hours required under section 5104.037 of the
Revised Code; however, the rules shall provide procedures for
determining compliance with those requirements.
Sec. 5104.017. The director of job and family services shall
adopt rules pursuant to Chapter 119. of the Revised Code governing
the operation of type A family day-care homes, including parent
cooperative type A homes, part-time type A homes, drop-in type A
homes, and school-age child type A homes. The rules shall reflect
the various forms of child care and the needs of children
receiving child care. The rules shall include the following:
(A) Submission of a site plan and descriptive plan of
operation to demonstrate how the type A home proposes to meet the
requirements of this chapter and rules adopted pursuant to this
chapter for the initial license application;
(B) Standards for ensuring that the physical surroundings of
the type A home are safe and sanitary, including the physical
environment, the physical plant, and the equipment of the type A
home;
(C) Standards for the supervision, care, and discipline of
children receiving child care or publicly funded child care in the
type A home;
(D) Standards for a program of activities, and for play
equipment, materials, and supplies, to enhance the development of
each child; however, any educational curricula, philosophies, and
methodologies that are developmentally appropriate and that
enhance the social, emotional, intellectual, and physical
development of each child shall be permissible;
(E) Admissions policies and procedures, health care policies
and procedures, including procedures for the isolation of children
with communicable diseases, first aid and emergency procedures,
procedures for discipline and supervision of children, standards
for the provision of nutritious meals and snacks, and procedures
for screening children and employees, including any necessary
physical examinations and immunizations;
(F) Methods for encouraging parental participation in the
type A home and methods for ensuring that the rights of children,
parents, and employees are protected and that the responsibilities
of parents and employees are met;
(G) Procedures for ensuring the safety and adequate
supervision of children traveling off the premises of the type A
home while under the care of a type A home employee;
(H) Procedures for record keeping, organization, and
administration;
(I) Procedures for issuing, denying, and revoking a license
that are not otherwise provided for in Chapter 119. of the Revised
Code;
(J) Inspection procedures;
(K) Procedures and standards for setting initial license
application fees;
(L) Procedures for receiving, recording, and responding to
complaints about type A homes;
(M) Procedures for enforcing section 5104.04 of the Revised
Code;
(N) A standard requiring the inclusion of a current
department of job and family services toll-free telephone number
on each type A home license that any person may use to report a
suspected violation by the type A home of this chapter or rules
adopted pursuant to this chapter;
(O) Requirements for the training of administrators and
child-care staff members in first aid, in prevention, recognition,
and management of communicable diseases, and in child abuse
recognition and prevention;
(P) Standards providing for the special needs of children who
are handicapped or who require treatment for health conditions
while the child is receiving child care or publicly funded child
care in the type A home;
(Q) Standards for the maximum number of children per
child-care staff member;
(R) Requirements for the amount of usable indoor floor space
for each child;
(S) Requirements for safe outdoor play space;
(T) Qualifications and training requirements for
administrators and for child-care staff members;
(U) Procedures for granting a parent who is the residential
parent and legal custodian, or a custodian or guardian access to
the type A home during its hours of operation;
(V) Standards for the preparation and distribution of a
roster of parents, custodians, and guardians;
(W) Any other procedures and standards necessary to carry out
the provisions of this chapter regarding type A homes.
Sec. 5104.018. The director of job and family services shall
adopt rules in accordance with Chapter 119. of the Revised Code
governing the licensure of type B family day-care homes. The rules
shall provide for safeguarding the health, safety, and welfare of
children receiving child care or publicly funded child care in a
licensed type B family day-care home and shall include all of the
following:
(A) Requirements for the type B home to notify parents with
children in the type B home that the type B home is certified as a
foster home under section 5103.03 of the Revised Code.
(B) Standards for ensuring that the type B home and the
physical surroundings of the type B home are safe and sanitary,
including physical environment, physical plant, and equipment;
(C) Standards for the supervision, care, and discipline of
children receiving child care or publicly funded child care in the
home;
(D) Standards for a program of activities, and for play
equipment, materials, and supplies to enhance the development of
each child; however, any educational curricula, philosophies, and
methodologies that are developmentally appropriate and that
enhance the social, emotional, intellectual, and physical
development of each child shall be permissible;
(E) Admission policies and procedures, health care, first aid
and emergency procedures, procedures for the care of sick
children, procedures for discipline and supervision of children,
nutritional standards, and procedures for screening children and
administrators, including any necessary physical examinations and
immunizations;
(F) Methods of encouraging parental participation and
ensuring that the rights of children, parents, and administrators
are protected and the responsibilities of parents and
administrators are met;
(G) Standards for the safe transport of children when under
the care of administrators;
(H) Procedures for issuing, denying, or revoking licenses;
(I) Procedures for the inspection of type B homes that
require, at a minimum, that each type B home be inspected prior to
licensure to ensure that the home is safe and sanitary;
(J) Procedures for record keeping and evaluation;
(K) Procedures for receiving, recording, and responding to
complaints;
(L) Standards providing for the special needs of children who
are handicapped or who receive treatment for health conditions
while the child is receiving child care or publicly funded child
care in the type B home;
(M) Requirements for the amount of usable indoor floor space
for each child;
(N) Requirements for safe outdoor play space;
(O) Qualification and training requirements for
administrators;
(P) Procedures for granting a parent who is the residential
parent and legal custodian, or a custodian or guardian access to
the type B home during its hours of operation;
(Q) Requirements for the type B home to notify parents with
children in the type B home that the type B home is certified as a
foster home under section 5103.03 of the Revised Code;
(R) Any other procedures and standards necessary to carry out
the provisions of this chapter regarding licensure of type B
homes.
Sec. 5104.019. The director of job and family services shall
adopt rules in accordance with Chapter 119. of the Revised Code
governing the certification of in-home aides. The rules shall
provide for safeguarding the health, safety, and welfare of
children receiving publicly funded child care in their own home
and shall include the following:
(A) Standards for ensuring that the child's home and the
physical surroundings of the child's home are safe and sanitary,
including physical environment, physical plant, and equipment;
(B) Standards for the supervision, care, and discipline of
children receiving publicly funded child care in their own home;
(C) Standards for a program of activities, and for play
equipment, materials, and supplies to enhance the development of
each child; however, any educational curricula, philosophies, and
methodologies that are developmentally appropriate and that
enhance the social, emotional, intellectual, and physical
development of each child shall be permissible;
(D) Health care, first aid, and emergency procedures,
procedures for the care of sick children, procedures for
discipline and supervision of children, nutritional standards, and
procedures for screening children and in-home aides, including any
necessary physical examinations and immunizations;
(E) Methods of encouraging parental participation and
ensuring that the rights of children, parents, and in-home aides
are protected and the responsibilities of parents and in-home
aides are met;
(F) Standards for the safe transport of children when under
the care of in-home aides;
(G) Procedures for issuing, renewing, denying, refusing to
renew, or revoking certificates;
(H) Procedures for inspection of homes of children receiving
publicly funded child care in their own homes;
(I) Procedures for record keeping and evaluation;
(J) Procedures for receiving, recording, and responding to
complaints;
(K) Qualifications and training requirements for in-home
aides;
(L) Standards providing for the special needs of children who
are handicapped or who receive treatment for health conditions
while the child is receiving publicly funded child care in the
child's own home;
(M) Any other procedures and standards necessary to carry out
the provisions of this chapter regarding certification of in-home
aides.
Sec. 5104.0110. To the extent that any rules adopted for the
purposes of this chapter require a health care professional to
perform a physical examination, the rules shall include as a
health care professional a physician assistant, a clinical nurse
specialist, a certified nurse practitioner, or a certified
nurse-midwife.
Sec. 5104.0111. (A) The director of job and family services
shall do all of the following:
(1) Provide or make available in either paper or electronic
form to each licensee notice of proposed rules governing the
licensure of child day-care centers, type A homes, and type B
homes;
(2) Give public notice of hearings regarding the proposed
rules at least thirty days prior to the date of the public
hearing, in accordance with section 119.03 of the Revised Code;
(3) At least thirty days before the effective date of a rule,
provide, in either paper or electronic form, a copy of the adopted
rule to each licensee;
(4) Send to each county director of job and family services a
notice of proposed rules governing the certification of in-home
aides that includes an internet web site address where the
proposed rules can be viewed;
(5) Provide to each county director of job and family
services an electronic copy of each adopted rule at least
forty-five days prior to the rule's effective date;
(6) Review all rules adopted pursuant to this chapter at
least once every seven years.
(B) The county director of job and family services shall
provide or make available in either paper or electronic form to
each in-home aide copies of proposed rules and shall give public
notice of hearings regarding the rules to each in-home aide at
least thirty days prior to the date of the public hearing, in
accordance with section 119.03 of the Revised Code. At least
thirty days before the effective date of a rule, the county
director of job and family services shall provide, in either paper
or electronic form, copies of the adopted rule to each in-home
aide.
(C) Additional copies of proposed and adopted rules shall be
made available by the director of job and family services to the
public on request at no charge.
(D) The director of job and family services may adopt rules
in accordance with Chapter 119. of the Revised Code for imposing
sanctions on persons and entities that are licensed or certified
under this chapter. Sanctions may be imposed only for an action or
omission that constitutes a serious risk noncompliance. The
sanctions imposed shall be based on the scope and severity of the
violations.
The director shall make a dispute resolution process
available for the implementation of sanctions. The process may
include an opportunity for appeal pursuant to Chapter 119. of the
Revised Code.
(E) The director of job and family services shall adopt rules
in accordance with Chapter 119. of the Revised Code that establish
standards for the training of individuals who inspect or
investigate type B family day-care homes pursuant to section
5104.03 of the Revised Code. The department shall provide training
in accordance with those standards for individuals in the
categories described in this division.
Sec. 5104.0112. Notwithstanding any provision of the Revised
Code, the director of job and family services shall not regulate
in any way under this chapter or rules adopted pursuant to this
chapter, instruction in religious or moral doctrines, beliefs, or
values.
Sec. 5104.022. The department In no case shall the director
of job and family services
shall not issue a license to operate a
prospective type A family day-care home if
that prospective
family day-care the type A home is certified to be as a foster
home or specialized foster home pursuant to Chapter 5103. of the
Revised Code. A county department of job and family services In no
case shall
not certify the director issue a license to operate a
prospective type B family day-care home if that prospective family
day-care the type B home is certified to be as a specialized
foster home pursuant to Chapter 5103. of the Revised Code.
Sec. 5104.03. (A) Any person, firm, organization,
institution, or agency desiring seeking to establish a child
day-care center or, type A family day-care home, or licensed type
B family day-care home shall apply for a license to the director
of job and family services on such form as the director
prescribes. The director shall provide at no charge to each
applicant for licensure a copy of the child care license
requirements in this chapter and a copy of the rules adopted
pursuant to this chapter. The copies may be provided in paper or
electronic form.
Fees shall be set by the director pursuant to section
5104.011 sections 5104.015, 5104.017, and 5104.018 of the Revised
Code and shall be paid at the time of application for a license to
operate a center or, type A home, or type B home. Fees collected
under this section shall be paid into the state treasury to the
credit of the general revenue fund.
(B)(1) Upon filing of the application for a license, the
director shall investigate and inspect the center or, type A home,
or type B home to determine the license capacity for each age
category of children of the center or, type A home, or type B home
and to determine whether the center or, type A home, or type B
home complies with this chapter and rules adopted pursuant to this
chapter. When, after investigation and inspection, the director is
satisfied that this chapter and rules adopted pursuant to it are
complied with, subject to division (G)(H) of this section, a
provisional license shall be issued as soon as practicable in such
form and manner as prescribed by the director. The license shall
be designated as provisional
license and shall be valid for
twelve months from the date of issuance unless revoked.
(2) The director may contract with a government entity or a
private nonprofit entity for the entity to inspect and license
type B family day-care homes pursuant to this section. The
department, government entity, or nonprofit entity shall conduct
the inspection prior to the issuance of a license for the type B
home and, as part of that inspection, ensure that the type B home
is safe and sanitary.
(C)(1) On receipt of an application for licensure as a type B
family day-care home to provide publicly funded child care, the
department shall search the uniform statewide automated child
welfare information system for information concerning any abuse or
neglect report made pursuant to section 2151.421 of the Revised
Code of which the applicant, any other adult residing in the
applicant's home, or a person designated by the applicant to be an
emergency or substitute caregiver for the applicant is the
subject.
(2) The department shall consider any information it
discovers pursuant to division (C)(1) of this section or that is
provided by a public children services agency pursuant to section
5153.175 of the Revised Code. If the department determines that
the information, when viewed within the totality of the
circumstances, reasonably leads to the conclusion that the
applicant may directly or indirectly endanger the health, safety,
or welfare of children, the department shall deny the application
for licensure or revoke the license of a type B family day-care
home.
(D) The director shall investigate and inspect the center or,
type A home, or type B home at least once during operation under
the a license designated as provisional license. If after the
investigation and inspection the director determines that the
requirements of this chapter and rules adopted pursuant to this
chapter are met, subject to division (G)(H) of this section, the
director shall issue a new license to the center or home.
(D) The (E) Each license or provisional license shall state
the name of the licensee, the name of the administrator, the
address of the center or, type A home, or licensed type B home,
and the license capacity for each age category of children. The
license or provisional license shall include thereon, in
accordance with
section 5104.011 sections 5104.015, 5104.017, and
5104.018 of the Revised Code, the toll-free telephone number to be
used by persons suspecting that the center or, type A home, or
licensed type B home has violated a provision of this chapter or
rules adopted pursuant to this chapter. A license or provisional
license is valid only for the licensee, administrator, address,
and license capacity for each age category of children designated
on the license. The license capacity specified on the license or
provisional license is the maximum number of children in each age
category that may be cared for in the center or, type A home, or
licensed type B home at one time.
The center or type A home licensee shall notify the director
when the administrator of the center or home changes. The director
shall amend the current license or provisional license to reflect
a change in an administrator, if the administrator meets the
requirements of Chapter 5104. of the Revised Code this chapter and
rules adopted pursuant to Chapter 5104. of the Revised Code this
chapter, or a change in license capacity for any age category of
children as determined by the director of job and family services.
(E)(F) If the director revokes the license of a center or, a
type A home, or a type B home, the director shall not issue
another license to the owner of the center or, type A home, or
type B home until five years have elapsed from the date the
license is revoked.
If the director denies an application for a license, the
director shall not accept another application from the applicant
until five years have elapsed from the date the application is
denied.
(F)(G) If during the application for licensure process the
director determines that the license of the owner has been
revoked, the investigation of the center or, type A home, or type
B home shall cease. This action does not constitute denial of the
application and may not be appealed under division (G)(H) of this
section.
(G)(H) All actions of the director with respect to licensing
centers or, type A homes, or type B homes, refusal to license, and
revocation of a license shall be in accordance with Chapter 119.
of the Revised Code. Any applicant who is denied a license or any
owner whose license is revoked may appeal in accordance with
section 119.12 of the Revised Code.
(H)(I) In no case shall the director issue a license or
provisional license under this section for a type A home or
center, type A home, or type B home if the director, based on
documentation provided by the appropriate county department of job
and family services, determines that the applicant previously had
been certified as a type B family day-care home when such
certifications were issued by county departments prior to the
effective date of this amendment, that the county department
revoked that certification, that the revocation was based on the
applicant's refusal or inability to comply with the criteria for
certification, and that the refusal or inability resulted in a
risk to the health or safety of children.
(J)(1) Except as provided in division (J)(2) of this section,
an administrator of a type B family day-care home that receives a
license pursuant to this section to provide publicly funded child
care is an independent contractor and is not an employee of the
department of job and family services.
(2) For purposes of Chapter 4141. of the Revised Code,
determinations concerning the employment of an administrator of a
type B family day-care home that receives a license pursuant to
this section shall be determined under Chapter 4141. of the
Revised Code.
Sec. 5104.032. (A) The child day-care center shall have, for
each child for whom the center is licensed, at least thirty-five
square feet of usable indoor floor space wall-to-wall regularly
available for the child care operation exclusive of any parts of
the structure in which the care of children is prohibited by law
or by rules adopted by the board of building standards. The
minimum of thirty-five square feet of usable indoor floor space
shall not include hallways, kitchens, storage areas, or any other
areas that are not available for the care of children, as
determined by the director, in meeting the space requirement of
this division, and bathrooms shall be counted in determining
square footage only if they are used exclusively by children
enrolled in the center, except that the exclusion of hallways,
kitchens, storage areas, bathrooms not used exclusively by
children enrolled in the center, and any other areas not available
for the care of children from the minimum of thirty-five square
feet of usable indoor floor space shall not apply to:
(1) Centers licensed prior to or on September 1, 1986, that
continue under licensure after that date;
(2) Centers licensed prior to or on September 1, 1986, that
are issued a new license after that date solely due to a change of
ownership of the center.
(B) The child day-care center shall have on the site a safe
outdoor play space which is enclosed by a fence or otherwise
protected from traffic or other hazards. The play space shall
contain not less than sixty square feet per child using such space
at any one time, and shall provide an opportunity for supervised
outdoor play each day in suitable weather. The director may exempt
a center from the requirement of this division, if an outdoor play
space is not available and if all of the following are met:
(1) The center provides an indoor recreation area that has
not less than sixty square feet per child using the space at any
one time, that has a minimum of one thousand four hundred forty
square feet of space, and that is separate from the indoor space
required under division (A) of this section.
(2) The director has determined that there is regularly
available and scheduled for use a conveniently accessible and safe
park, playground, or similar outdoor play area for play or
recreation.
(3) The children are closely supervised during play and while
traveling to and from the area.
The director also shall exempt from the requirement of this
division a child day-care center that was licensed prior to
September 1, 1986, if the center received approval from the
director prior to September 1, 1986, to use a park, playground, or
similar area, not connected with the center, for play or
recreation in lieu of the outdoor space requirements of this
section and if the children are closely supervised both during
play and while traveling to and from the area and except if the
director determines upon investigation and inspection pursuant to
section 5104.04 of the Revised Code and rules adopted pursuant to
that section that the park, playground, or similar area, as well
as access to and from the area, is unsafe for the children.
Sec. 5104.033. A child day-care center shall have at least
two responsible adults available on the premises at all times when
seven or more children are in the center. The center shall
organize the children in the center in small groups, shall provide
child-care staff to give continuity of care and supervision to the
children on a day-by-day basis, and shall ensure that no child is
left alone or unsupervised. Except as otherwise provided in
division (B) of this section, the maximum number of children per
child-care staff member and maximum group size, by age category of
children, are as follows:
|
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Maximum Number of |
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Children Per |
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Maximum |
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Age Category |
|
Child-Care |
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Group |
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of Children |
|
Staff Member |
|
Size |
|
|
(a) Infants: |
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(i) Less than twelve |
|
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months old |
|
5:1, or |
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|
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12:2 if two |
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child-care |
|
|
|
|
|
|
staff members |
|
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|
|
|
|
are in the room |
|
12 |
|
|
(ii) At least twelve |
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months old, but |
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less than eighteen |
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months old |
|
6:1 |
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12 |
|
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(b) Toddlers: |
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(i) At least eighteen |
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|
|
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months old, but |
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less than thirty |
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months old |
|
7:1 |
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14 |
|
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(ii) At least thirty months |
|
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|
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old, but less than |
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|
|
|
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three years old |
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8:1 |
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16 |
|
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(c) Preschool-age |
|
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children: |
|
|
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|
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(i) Three years old |
|
12:1 |
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24 |
|
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(ii) Four years old and |
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five years old who |
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are not school |
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children |
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14:1 |
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28 |
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(d) School-age children: |
|
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(i) A child who is |
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enrolled in or is
|
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eligible to be |
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enrolled in a grade
|
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of kindergarten |
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or above, but |
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is less than
|
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eleven years old |
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18:1 |
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36 |
|
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(ii) Eleven through fourteen |
|
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years old |
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20:1 |
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40 |
|
|
Except as otherwise provided in division (B) of this section,
the maximum number of children per child-care staff member and
maximum group size requirements of the younger age group shall
apply when age groups are combined.
(B)(1) When age groups are combined, the maximum number of
children per child-care staff member shall be determined by the
age of the youngest child in the group, except that when no more
than one child thirty months of age or older receives services in
a group in which all the other children are in the next older age
group, the maximum number of children per child-care staff member
and maximum group size requirements of the older age group
established under division (A) of this section shall apply.
(2) The maximum number of toddlers or preschool-age children
per child-care staff member in a room where children are napping
shall be twice the maximum number of children per child-care staff
member established under division (A) of this section if all the
following criteria are met:
(a) At least one child-care staff member is present in the
room.
(b) Sufficient child-care staff members are on the child
day-care center premises to meet the maximum number of children
per child-care staff member requirements established under
division (A) of this section.
(c) Naptime preparations are complete and all napping
children are resting or sleeping on cots.
(d) The maximum number established under division (B)(2) of
this section is in effect for no more than two hours during a
twenty-four-hour day.
Sec. 5104.034. Each child day-care center shall have on the
center premises and readily available at all times at least one
child-care staff member who has completed a course in first aid,
one staff member who has completed a course in prevention,
recognition, and management of communicable diseases which is
approved by the state department of health, and a staff member who
has completed a course in child abuse recognition and prevention
training which is approved by the department of job and family
services.
Sec. 5104.031 5104.035. (A) A child day-care center
administrator shall show the director of job and family services
both of the following:
(1) Evidence of at least high school graduation or
certification of high school equivalency by the state board of
education or the appropriate agency of another state;
(2) Evidence of having at least one of the following:
(a) An associate, bachelor's, master's, doctoral, or other
postgraduate degree in child development or early childhood
education, or in a related field approved by the director, from an
accredited college, university, or technical college;
(b) A license designated as appropriate for teaching in an
associate teaching position in a preschool setting issued by the
state board of education pursuant to section 3319.22 of the
Revised Code;
(c) Designation under the career pathways model as an early
childhood professional level three;
(d) Two years of experience working as a child-care staff
member in a licensed child care program, designation under the
career pathways model as an early childhood professional level
one, and, not later than one year after being named as
administrator, designation under the career pathways model as an
early childhood professional level two;
(e) Two years of experience working as a child-care staff
member in a licensed child care program and, except as provided in
division (B) of this section, at least four courses in child
development or early childhood education from an accredited
college, university, or technical college;
(f) Two years of experience working as a child-care staff
member in a licensed child care program and a child development
associate credential issued by the council for professional
recognition;
(g) Two years of training, including at least four courses in
child development or early childhood education from an accredited
college, university, or technical college;
(h) An infant and toddler or early childhood credential from
a program accredited by the Montessori accreditation council for
teacher education.
(B) A person who has two years of experience working as a
child-care staff member in a child day-care center and is promoted
to or designated as administrator of that center shall have one
year from the date of the promotion or designation to complete the
courses required by division (A)(1)(e) of this section.
Sec. 5104.032 5104.036. (A) All child-care staff members of
a child day-care center shall be at least eighteen years of age,
and shall furnish the director of job and family services evidence
of at least high school graduation or certification of high school
equivalency by the state board of education or the appropriate
agency of another state or evidence of completion of a training
program approved by the department of job and family services or
state board of education, except as follows:
(B) A child-care staff member may be less than eighteen years
of age if the staff member is either of the following:
(1) A graduate of a two-year vocational child-care training
program approved by the state board of education;
(2) A student enrolled in the second year of a vocational
child-care training program approved by the state board of
education which leads to high school graduation, provided that the
student performs the student's duties in the child day-care center
under the continuous supervision of an experienced child-care
staff member, receives periodic supervision from the vocational
child-care training program teacher-coordinator in the student's
high school, and meets all other requirements of this chapter and
rules adopted pursuant to this chapter.
(C) A child-care staff member shall be exempt from the
educational requirements of division (A) of this section if the
staff member:
(1) Prior to January 1, 1972, was employed or designated by a
child day-care center and has been continuously employed since
either by the same child day-care center employer or at the same
child day-care center;
(2) Is a student enrolled in the second year of a vocational
child-care training program approved by the state board of
education which leads to high school graduation, provided that the
student performs the student's duties in the child day-care center
under the continuous supervision of an experienced child-care
staff member, receives periodic supervision from the vocational
child-care training program teacher-coordinator in the student's
high school, and meets all other requirements of this chapter and
rules adopted pursuant to this chapter;
(3) Is receiving or has completed the final year of
instruction at home as authorized under section 3321.04 of the
Revised Code or has graduated from a nonchartered, nonpublic
school in Ohio.
Sec. 5104.033 5104.037. (A) Except as provided in division
(B) of this section, each child-care staff member of a child
day-care center annually shall complete fifteen hours of inservice
training that includes the following subjects until the staff
member has completed a total of forty-five hours of training:
(1) Child development or early childhood education;
(2) Child abuse recognition and prevention;
(4) Prevention, recognition, and management of communicable
diseases.
(B) A child-care staff member is exempt from the inservice
training requirements established by division (A) of this section
if the staff member furnishes one of the following to the director
of job and family services:
(1) Evidence of an associate or higher degree in child
development or early childhood education from an accredited
college, university, or technical college;
(2) A license designated for teaching in an associate
teaching position in a preschool setting issued by the state board
of education;
(3) Evidence of a child development associate credential;
(4) Evidence of an infant and toddler or early childhood
credential from a program accredited by the Montessori
accreditation council for teacher education.
(C) For purposes of this section, each hour of inservice
training shall consist of sixty minutes of training.
Sec. 5104.038. The administrator of each child day-care
center shall maintain enrollment, health, and attendance records
for all children attending the center and health and employment
records for all center employees. The records shall be
confidential, except that they shall be disclosed by the
administrator to the director upon request for the purpose of
administering and enforcing this chapter and rules adopted
pursuant to this chapter. Neither the center nor the licensee,
administrator, or employees of the center shall be civilly or
criminally liable in damages or otherwise for records disclosed to
the director by the administrator pursuant to this division. It
shall be a defense to any civil or criminal charge based upon
records disclosed by the administrator to the director that the
records were disclosed pursuant to this division.
Sec. 5104.039. (A) Any parent who is the residential parent
and legal custodian of a child enrolled in a child day-care center
and any custodian or guardian of such a child shall be permitted
unlimited access to the center during its hours of operation for
the purposes of contacting their children, evaluating the care
provided by the center, evaluating the premises of the center, or
for other purposes approved by the director. A parent of a child
enrolled in a child day-care center who is not the child's
residential parent shall be permitted unlimited access to the
center during its hours of operation for those purposes under the
same terms and conditions under which the residential parent of
that child is permitted access to the center for those purposes.
However, the access of the parent who is not the residential
parent is subject to any agreement between the parents and, to the
extent described in division (B) of this section, is subject to
any terms and conditions limiting the right of access of the
parent who is not the residential parent, as described in division
(I) of section 3109.051 of the Revised Code, that are contained in
a parenting time order or decree issued under that section,
section 3109.12 of the Revised Code, or any other provision of the
Revised Code.
(B) If a parent who is the residential parent of a child has
presented the administrator or the administrator's designee with a
copy of a parenting time order that limits the terms and
conditions under which the parent who is not the residential
parent is to have access to the center, as described in division
(I) of section 3109.051 of the Revised Code, the parent who is not
the residential parent shall be provided access to the center only
to the extent authorized in the order. If the residential parent
has presented such an order, the parent who is not the residential
parent shall be permitted access to the center only in accordance
with the most recent order that has been presented to the
administrator or the administrator's designee by the residential
parent or the parent who is not the residential parent.
(C) Upon entering the premises pursuant to division (A) or
(B) of this section, the parent who is the residential parent and
legal custodian, the parent who is not the residential parent, or
the custodian or guardian shall notify the administrator or the
administrator's designee of the parent's, custodian's, or
guardian's presence.
Sec. 5104.04. (A) The department of job and family services
shall establish procedures to be followed in investigating,
inspecting, and licensing child day-care centers and, type A
family day-care homes, and licensed type B family day-care homes.
(B)(1)(a) The department shall, at least once during every
twelve-month period of operation of a center or, type A home, or
licensed type B home, inspect the center or, type A home, or
licensed type B home. The department shall inspect a part-time
center or part-time type A home at least once during every
twelve-month period of operation. The department shall provide a
written inspection report to the licensee within a reasonable time
after each inspection. The licensee shall display all written
reports of inspections conducted during the current licensing
period its most recent inspection report in a conspicuous place in
the center or, type A home, or licensed type B home.
Inspections may be unannounced. No person, firm,
organization, institution, or agency shall interfere with the
inspection of a center or, type A home, or licensed type B home by
any state or local official engaged in performing duties required
of the state or local official by this chapter or rules adopted
pursuant to this chapter, including inspecting the center or, type
A home, or licensed type B home, reviewing records, or
interviewing licensees, employees, children, or parents.
(b) Upon receipt of any complaint that a center or, type A
home or licensed type B home is out of compliance with the
requirements of this chapter or rules adopted pursuant to this
chapter, the department shall investigate the center or home, and
both of the following apply:
(i) If the complaint alleges that a child suffered physical
harm while receiving child care at the center or home or that the
noncompliance alleged in the complaint involved, resulted in, or
poses a substantial risk of physical harm to a child receiving
child care at the center or home, the department shall inspect the
center or home.
(ii) If division (B)(1)(b)(i) of this section does not apply
regarding the complaint, the department may inspect the center or
home.
(c) Division (B)(1)(b) of this section does not limit,
restrict, or negate any duty of the department to inspect a center
or, type A home, or licensed type B home that otherwise is imposed
under this section, or any authority of the department to inspect
a center or, type A home, or licensed type B home that otherwise
is granted under this section when the department believes the
inspection is necessary and it is permitted under the grant.
(2) If the department implements an instrument-based program
monitoring information system, it may use an indicator checklist
to comply with division (B)(1) of this section.
(3) The department shall contract with a third party by the
first day of October in each even-numbered year to collect
information concerning the amounts charged by the center or home
for providing child care services for use in establishing
reimbursement ceilings and payment pursuant to section 5104.30 of
the Revised Code. The third party shall compile the information
and report the results of the survey to the department not later
than the first day of December in each even-numbered year.
(C) The department may deny an application or revoke a
license of a center or, type A home, or licensed type B home, if
the applicant knowingly makes a false statement on the
application, the center or home does not comply with the
requirements of this chapter or rules adopted pursuant to this
chapter, or the applicant or owner has pleaded guilty to or been
convicted of an offense described in section 5104.09 of the
Revised Code.
(D) If the department finds, after notice and hearing
pursuant to Chapter 119. of the Revised Code, that any applicant,
person, firm, organization, institution, or agency applying for
licensure or licensed under section 5104.03 of the Revised Code is
in violation of any provision of this chapter or rules adopted
pursuant to this chapter, the department may issue an order of
denial to the applicant or an order of revocation to the center
or, type A home, or licensed type B home revoking the license
previously issued by the department. Upon the issuance of such an
order, the person whose application is denied or whose license is
revoked may appeal in accordance with section 119.12 of the
Revised Code.
(E) The surrender of a center or, type A home, or licensed
type B home license to the department or the withdrawal of an
application for licensure by the owner or administrator of the
center or, type A home, or licensed type B home shall not prohibit
the department from instituting any of the actions set forth in
this section.
(F) Whenever the department receives a complaint, is advised,
or otherwise has any reason to believe that a center or type A
home is providing child care without a license issued pursuant to
section 5104.03 and is not exempt from licensing pursuant to
section 5104.02 of the Revised Code, the department shall
investigate the center or type A home and may inspect the areas
children have access to or areas necessary for the care of
children in the center or type A home during suspected hours of
operation to determine whether the center or type A home is
subject to the requirements of this chapter or rules adopted
pursuant to this chapter.
(G) The department, upon determining that the center or type
A home is operating without a license, shall notify the attorney
general, the prosecuting attorney of the county in which the
center or type A home is located, or the city attorney, village
solicitor, or other chief legal officer of the municipal
corporation in which the center or type A home is located, that
the center or type A home is operating without a license. Upon
receipt of the notification, the attorney general, prosecuting
attorney, city attorney, village solicitor, or other chief legal
officer of a municipal corporation shall file a complaint in the
court of common pleas of the county in which the center or type A
home is located requesting that the court grant an order enjoining
the owner from operating the center or type A home in violation of
section 5104.02 of the Revised Code. The court shall grant such
injunctive relief upon a showing that the respondent named in the
complaint is operating a center or type A home and is doing so
without a license.
(H) The department shall prepare an annual report on
inspections conducted under this section. The report shall include
the number of inspections conducted, the number and types of
violations found, and the steps taken to address the violations.
The department shall file the report with the governor, the
president and minority leader of the senate, and the speaker and
minority leader of the house of representatives on or before the
first day of January of each year, beginning in 1999.
Sec. 5104.041. (A) All type A and type B family day-care
homes and licensed type B family day-care homes shall procure and
maintain one of the following:
(1) Liability insurance issued by an insurer authorized to do
business in this state under Chapter 3905. of the Revised Code
insuring the type A or type B family day-care home against
liability arising out of, or in connection with, the operation of
the family day-care home. Liability The insurance procured under
this division shall cover any cause for which the type A or type B
family day-care home would be liable, in the amount of at least
one hundred thousand dollars per occurrence and three hundred
thousand dollars in the aggregate.
(2) A written statement signed by the parent, guardian, or
custodian of each child receiving child care from the type A or
type B family day-care home that states all of the following:
(a) The family day-care home does not carry liability
insurance described in division (A)(1) of this section;
(b) If the licensee of a type A family day-care home or the
provider of a type B family day-care home is not the owner of the
real property where the family day-care home is located, the
liability insurance, if any, of the owner of the real property may
not provide for coverage of any liability arising out of, or in
connection with, the operation of the family day-care home.
(B) If the licensee of a type A family day-care home or the
provider of a type B family day-care home is not the owner of the
real property where the family day-care home is located and the
family day-care home procures liability insurance described in
division (A)(1) of this section, that licensee or provider shall
name the owner of the real property as an additional insured party
on the liability insurance policy if all of the following apply:
(1) The owner of the real property requests the licensee or
provider, in writing, to add the owner of the real property to the
liability insurance policy as an additional insured party.
(2) The addition of the owner of the real property does not
result in cancellation or nonrenewal of the insurance policy
procured by the type A or type B family day-care home.
(3) The owner of the real property pays any additional
premium assessed for coverage of the owner of the real property.
(C) Proof of insurance or written statement required under
division (A) of this section shall be maintained at the type A or
type B family day-care home and made available for review during
inspection or investigation as required under this chapter.
(D) The director of job and family services shall adopt rules
for the enforcement of this section.
Sec. 5104.052. The director of job and family services, in
cooperation with the fire marshal pursuant to section 3737.22 of
the Revised Code, shall promulgate adopt rules regarding fire
prevention and fire safety in certified licensed type B family
day-care homes. In accordance with those rules, the director shall
inspect each type B home that applies to be licensed that is
providing or is to provide publicly funded child care.
Sec. 5104.053. As a precondition of approval by the state
board of education pursuant to section 3313.813 of the Revised
Code for receipt of United States department of agriculture child
and adult care food program funds established under the "National
School Lunch Act," 60 Stat. 230 (1946), 42 U.S.C. 1751, as
amended, the provider of child care in a type B family day-care
home that is not
certified licensed by the county director of
human job and family services shall request an inspection of the
type B home by the fire marshal, who shall inspect the type B home
pursuant to section 3737.22 of the Revised Code to determine that
it is in compliance with rules established pursuant to section
5104.052 of the Revised Code for certified licensed type B homes.
Sec. 5104.054. Any type B family day-care home, whether
certified licensed or not
certified licensed by the county
director of human job and family services, shall be considered to
be a residential use of property for purposes of municipal,
county, and township zoning and shall be a permitted use in all
zoning districts in which residential uses are permitted. No
municipal, county, or township zoning regulations shall require a
conditional use permit or any other special exception
certification for any such type B family day-care home.
Sec. 5104.06. (A) The director of job and family services
shall provide consultation, technical assistance, and training to
child day-care centers and, type A family day-care homes, and type
B family day-care homes to improve programs and facilities
providing child care including, but not limited to,. As part of
these activities, the director shall provide assistance in meeting
the requirements of Chapter 5104. this chapter and rules adopted
pursuant to Chapter 5104. of the Revised Code this chapter and
shall furnish information regarding child abuse identification and
reporting of child abuse.
(B) The director of job and family services shall provide
consultation and technical assistance to county departments of job
and family services to assist the departments with the
implementation of certification of
type B family day-care home
providers and in-home aides.
Sec. 5104.08. (A) There is hereby created in the department
of job and family services a child care advisory council to advise
and assist the department in the administration of this chapter
and in the development of child care. The council shall consist of
twenty-two voting members appointed by the director of job and
family services with the approval of the governor. The director of
job and family services, the director of developmental
disabilities, the director of mental health, the superintendent of
public instruction, the director of health, the director of
commerce, and the state fire marshal shall serve as nonvoting
members of the council.
Six members shall be representatives of child care centers
subject to licensing, the members to represent a variety of
centers, including nonprofit and proprietary, from different
geographical areas of the state. At least three members shall be
parents, guardians, or custodians of children receiving child care
or publicly funded child care in the child's own home, a center, a
type A home, a head start program, a certified licensed type B
home, or a type B home at the time of appointment. Three members
shall be representatives of in-home aides, type A homes,
certified
licensed type B homes, or type B homes or head start programs. At
least six members shall represent county departments of job and
family services. The remaining members shall be representatives of
the teaching, child development, and health professions, and other
individuals interested in the welfare of children. At least six
members of the council shall not be employees or licensees of a
child day-care center, head start program, or type A home, or
providers operating a certified licensed type B home or type B
home, or in-home aides.
Appointments shall be for three-year terms. Vacancies shall
be filled for the unexpired terms. A member of the council is
subject to removal by the director of job and family services for
a willful and flagrant exercise of authority or power that is not
authorized by law, for a refusal or willful neglect to perform any
official duty as a member of the council imposed by law, or for
being guilty of misfeasance, malfeasance, nonfeasance, or gross
neglect of duty as a member of the council.
There shall be two co-chairpersons of the council. One
co-chairperson shall be the director of job and family services or
the director's designee, and one co-chairperson shall be elected
by the members of the council. The council shall meet as often as
is necessary to perform its duties, provided that it shall meet at
least once in each quarter of each calendar year and at the call
of the co-chairpersons. The co-chairpersons or their designee
shall send to each member a written notice of the date, time, and
place of each meeting.
Members of the council shall serve without compensation, but
shall be reimbursed for necessary expenses.
(B) The child care advisory council shall advise the director
on matters affecting the licensing of centers and, type A homes,
and type B homes and the certification of
type B homes and in-home
aides. The council shall make an annual report to the director of
job and family services that addresses the availability,
affordability, accessibility, and quality of child care and that
summarizes the recommendations and plans of action that the
council has proposed to the director during the preceding fiscal
year. The director of job and family services shall provide copies
of the report to the governor, speaker and minority leader of the
house of representatives, and the president and minority leader of
the senate and, on request, shall make copies available to the
public.
(C) The director of job and family services shall adopt rules
pursuant to in accordance with Chapter 119. of the Revised Code to
implement this section.
Sec. 5104.09. (A)(1) Except as provided in rules adopted
pursuant to division (D) of this section, no individual who has
been convicted of or pleaded guilty to a violation described in
division (A)(9) of section 109.572 of the Revised Code, a
violation of section 2905.11, 2909.02, 2909.03, 2909.04, 2909.05,
2917.01, 2917.02, 2917.03, 2917.31, 2921.03, 2921.34, or 2921.35
of the Revised Code or a violation of an existing or former law or
ordinance of any municipal corporation, this state, any other
state, or the United States that is substantially equivalent to
any of those violations, or two violations of section 4511.19 of
the Revised Code during operation of the center or home shall be
certified as an in-home aide or be employed in any capacity in or
own or operate a child day-care center, type A family day-care
home, type B family day-care home, or certified licensed type B
family day-care home.
(2) Each employee of a child day-care center and type A home
and every person eighteen years of age or older residing in a type
A home or licensed type B home shall sign a statement on forms
prescribed by the director of job and family services attesting to
the fact that the employee or resident person has not been
convicted of or pleaded guilty to any offense set forth in
division (A)(1) of this section and that no child has been removed
from the employee's or resident person's home pursuant to section
2151.353 of the Revised Code. Each licensee of a type A family
day-care home or type B family day-care home shall sign a
statement on a form prescribed by the director attesting to the
fact that no person who resides at the type A home or licensed
type B home and who is under the age of eighteen has been
adjudicated a delinquent child for committing a violation of any
section listed in division (A)(1) of this section. The statements
shall be kept on file at the center or, type A home, or licensed
type B home.
(3) Each in-home aide and every person eighteen years of age
or older residing in a certified type B home shall sign a
statement on forms prescribed by the director of job and family
services attesting that the aide or resident person has not been
convicted of or pleaded guilty to any offense set forth in
division (A)(1) of this section and that no child has been removed
from the aide's or resident person's home pursuant to section
2151.353 of the Revised Code. Each authorized provider shall sign
a statement on forms prescribed by the director attesting that the
provider has not been convicted of or pleaded guilty to any
offense set forth in division (A)(1) of this section and that no
child has been removed from the provider's home pursuant to
section 2151.353 of the Revised Code. Each authorized provider
shall sign a statement on a form prescribed by the director
attesting to the fact that no person who resides at the certified
type B home and who is under the age of eighteen has been
adjudicated a delinquent child for committing a violation of any
section listed in division (A)(1) of this section. The statements
statement shall be kept on file at the county department of job
and family services.
(4) Each administrator and licensee of a center or, type A
home, or licensed type B home shall sign a statement on a form
prescribed by the director of job and family services attesting
that the administrator or licensee has not been convicted of or
pleaded guilty to any offense set forth in division (A)(1) of this
section and that no child has been removed from the
administrator's or licensee's home pursuant to section 2151.353 of
the Revised Code. The statement shall be kept on file at the
center or, type A home, or licensed type B home.
(B) No in-home aide, no administrator, licensee, authorized
provider, or employee of a center, type A home, or
certified
licensed type B home, and no person eighteen years of age or older
residing in a type A home or certified licensed type B home shall
withhold information from, or falsify information on, any
statement required pursuant to division (A)(2), (3), or (4) of
this section.
(C) No administrator, licensee, or child-care staff member
shall discriminate in the enrollment of children in a child
day-care center upon the basis of race, color, religion, sex, or
national origin.
(D) The director of job and family services shall adopt rules
pursuant to in accordance with Chapter 119. of the Revised Code to
implement this section, including rules specifying exceptions to
the prohibition in division (A) of this section for persons who
have been convicted of an offense listed in that division but meet
rehabilitation standards set by the department director.
Sec. 5104.13. The department of job and family services
shall prepare a guide describing the state statutes and rules
governing the certification licensure of type B family day-care
homes. The department may publish the guide electronically or
otherwise and shall do so in a manner that the guide is accessible
to the public, including type B home providers.
Sec. 5104.14. All materials that are supplied by the
department of job and family services to type A family day-care
home providers, type B family day-care home providers, in-home
aides, persons seeking to be type A family day-care home
providers, type B family day-care home providers, or in-home
aides, and caretaker parents shall be written at no higher than
the sixth grade reading level. The department may employ a
readability expert to verify its compliance with this section.
Sec. 5104.015 5104.25. (A) Except as otherwise provided in
division (C) of this section, no child day-care center shall
permit any person to smoke in any indoor or outdoor space that is
part of the center.
The administrator of a child day-care center shall post in a
conspicuous place at the main entrance of the center a notice
stating that smoking is prohibited in any indoor or outdoor space
that is part of the center, except under the conditions described
in division (C) of this section.
(B) Except as otherwise provided in division (C) of this
section, no type A family day-care home or certified licensed type
B family day-care home shall permit any person to smoke in any
indoor or outdoor space that is part of the home during the hours
the home is in operation. Smoking may be permitted during hours
other than the hours of operation if the administrator or
authorized provider of the home has provided to a parent,
custodian, or guardian of each child receiving child care at the
home notice that smoking occurs or may occur at the home when it
is not in operation.
The administrator of a type A family day-care home or
authorized provider of a certified licensed type B family day-care
home shall post in a conspicuous place at the main entrance of the
home a notice specifying the hours the home is in operation and
stating that smoking is prohibited during those hours in any
indoor or outdoor space that is part of the home, except under the
conditions described in division (C) of this section.
(C) A child day-care center, type A family day-care home, or
certified licensed type B family home may allow persons to smoke
at the center or home during its hours of operation if those
persons cannot be seen smoking by the children being cared for and
if they smoke in either of the following:
(1) An indoor area that is separately ventilated from the
rest of the center or home;
(2) An outdoor area that is so far removed from the children
being cared for that they cannot inhale any smoke.
(D) The director of job and family services, in consultation
with the director of health, shall adopt rules in accordance with
Chapter 119. of the Revised Code to implement the requirements of
this section. These rules may prohibit smoking in a child day-care
center, type A family day-care home, or
certified licensed type B
family home if its design and structure do not allow persons to
smoke under the conditions described in division (C) of this
section or if repeated violations of division (A) or (B) of this
section have occurred there.
Sec. 5104.30. (A) The department of job and family services
is hereby designated as the state agency responsible for
administration and coordination of federal and state funding for
publicly funded child care in this state. Publicly funded child
care shall be provided to the following:
(1) Recipients of transitional child care as provided under
section 5104.34 of the Revised Code;
(2) Participants in the Ohio works first program established
under Chapter 5107. of the Revised Code;
(3) Individuals who would be participating in the Ohio works
first program if not for a sanction under section 5107.16 of the
Revised Code and who continue to participate in a work activity,
developmental activity, or alternative work activity pursuant to
an assignment under section 5107.42 of the Revised Code;
(4) A family receiving publicly funded child care on October
1, 1997, until the family's income reaches one hundred fifty per
cent of the federal poverty line;
(5) Subject to available funds, other individuals determined
eligible in accordance with rules adopted under section 5104.38 of
the Revised Code.
The department shall apply to the United States department of
health and human services for authority to operate a coordinated
program for publicly funded child care, if the director of job and
family services determines that the application is necessary. For
purposes of this section, the department of job and family
services may enter into agreements with other state agencies that
are involved in regulation or funding of child care. The
department shall consider the special needs of migrant workers
when it administers and coordinates publicly funded child care and
shall develop appropriate procedures for accommodating the needs
of migrant workers for publicly funded child care.
(B) The department of job and family services shall
distribute state and federal funds for publicly funded child care,
including appropriations of state funds for publicly funded child
care and appropriations of federal funds available under the child
care block grant act, Title IV-A, and Title XX. The department may
use any state funds appropriated for publicly funded child care as
the state share required to match any federal funds appropriated
for publicly funded child care.
(C) In the use of federal funds available under the child
care block grant act, all of the following apply:
(1) The department may use the federal funds to hire staff to
prepare any rules required under this chapter and to administer
and coordinate federal and state funding for publicly funded child
care.
(2) Not more than five per cent of the aggregate amount of
the federal funds received for a fiscal year may be expended for
administrative costs.
(3) The department shall allocate and use at least four per
cent of the federal funds for the following:
(a) Activities designed to provide comprehensive consumer
education to parents and the public;
(b) Activities that increase parental choice;
(c) Activities, including child care resource and referral
services, designed to improve the quality, and increase the
supply, of child care;
(d) Establishing a tiered quality rating and improvement
system in which participation in the program may allow child
day-care providers to be eligible for grants, technical
assistance, training, or other assistance and become eligible for
unrestricted monetary awards for maintaining a quality rating.
(4) The department shall ensure that the federal funds will
be used only to supplement, and will not be used to supplant,
federal, state, and local funds available on the effective date of
the child care block grant act for publicly funded child care and
related programs. If authorized by rules adopted by the department
pursuant to section 5104.42 of the Revised Code, county
departments of job and family services may purchase child care
from funds obtained through any other means.
(D) The department shall encourage the development of
suitable child care throughout the state, especially in areas with
high concentrations of recipients of public assistance and
families with low incomes. The department shall encourage the
development of suitable child care designed to accommodate the
special needs of migrant workers. On request, the department,
through its employees or contracts with state or community child
care resource and referral service organizations, shall provide
consultation to groups and individuals interested in developing
child care. The department of job and family services may enter
into interagency agreements with the department of education, the
board of regents, the department of development, and other state
agencies and entities whenever the cooperative efforts of the
other state agencies and entities are necessary for the department
of job and family services to fulfill its duties and
responsibilities under this chapter.
The department shall develop and maintain a registry of
persons providing child care. The director shall adopt rules
pursuant to in accordance with Chapter 119. of the Revised Code
establishing procedures and requirements for the registry's
administration.
(E)(1) The director shall adopt rules in accordance with
Chapter 119. of the Revised Code establishing both of the
following:
(a) Reimbursement ceilings for providers of publicly funded
child care not later than the first day of July in each
odd-numbered year;
(b) A procedure for reimbursing and paying providers of
publicly funded child care.
(2) In establishing reimbursement ceilings under division
(E)(1)(a) of this section, the director shall do all of the
following:
(a) Use the information obtained under division (B)(3) of
section 5104.04 of the Revised Code;
(b) Establish an enhanced reimbursement ceiling for providers
who provide child care for caretaker parents who work
nontraditional hours;
(c) For a type B family day-care home provider that has
received limited certification pursuant to rules adopted under
division (G)(1) of section 5104.011 of the Revised Code an in-home
aide, establish a reimbursement ceiling that is the following:
(i) If the provider is a person described in division
(G)(1)(a)(i) of section 5104.011 of the Revised Code, seventy-five
per cent of the reimbursement ceiling that applies to a licensed
type B family day-care home certified by the same county
department of job and family services pursuant to section 5104.11
of the Revised Code;
(ii) If the provider is a person described in division
(G)(1)(a)(ii) of section 5104.011 of the Revised Code, sixty per
cent of the reimbursement ceiling that applies to a type B family
day-care home certified by the same county department pursuant to
section 5104.11 of the Revised Code.
(d) With regard to the tiered quality rating and improvement
system established pursuant to division (C)(3)(d) of this section,
do both of the following:
(i) Establish enhanced reimbursement ceilings for child
day-care providers that participate in the system and maintain
quality ratings under the system;
(ii) Weigh In the case of child day-care providers that have
been given access to the system by the department, weigh any
reduction in reimbursement ceilings more heavily against child
day-care those providers that do not participate in the system or
do not maintain quality ratings under the system.
(3) In establishing reimbursement ceilings under division
(E)(1)(a) of this section, the director may establish different
reimbursement ceilings based on any of the following:
(a) Geographic location of the provider;
(b) Type of care provided;
(c) Age of the child served;
(d) Special needs of the child served;
(e) Whether the expanded hours of service are provided;
(f) Whether weekend service is provided;
(g) Whether the provider has exceeded the minimum
requirements of state statutes and rules governing child care;
(h) Any other factors the director considers appropriate.
(F) The director shall adopt rules in accordance with Chapter
119. of the Revised Code to implement the tiered quality rating
and improvement system described in division (C)(3)(d) of this
section.
Sec. 5104.31. (A) Publicly funded child care may be provided
only by the following:
(1) A child day-care center or type A family day-care home,
including a parent cooperative child day-care center or parent
cooperative type A family day-care home, Any of the following
licensed by the department of job and family services pursuant to
section 5104.03 of the Revised Code; or pursuant to rules adopted
under section 5104.018 of the Revised Code:
(a) A child day-care center, including a parent cooperative
child day-care center;
(b) A type A family day-care home, including a parent
cooperative type A family day-care home;
(c) A licensed type B family day-care home.
(2) A type B family day-care home certified by the county
department of job and family services pursuant to section 5104.11
of the Revised Code;
(3) A type B family day-care home that has received a limited
certification pursuant to rules adopted under division (G)(1) of
section 5104.011 of the Revised Code;
(4) An in-home aide who has been certified by the county
department of job and family services pursuant to section 5104.12
of the Revised Code;
(5)(3) A child day camp approved pursuant to section 5104.22
of the Revised Code;
(6)(4) A licensed preschool program;
(7)(5) A licensed school child program;
(8)(6) A border state child care provider, except that a
border state child care provider may provide publicly funded child
care only to an individual who resides in an Ohio county that
borders the state in which the provider is located.
(B) Publicly funded child day-care may be provided in a
child's own home only by an in-home aide.
(C) Beginning July 1, 2020, publicly funded child care may be
provided only by a provider that is rated through the tiered
quality rating and improvement system established pursuant to
section 5104.30 of the Revised Code.
Sec. 5104.32. (A) Except as provided in division (C) of this
section, all purchases of publicly funded child care shall be made
under a contract entered into by a licensed child day-care center,
licensed type A family day-care home, certified licensed type B
family day-care home, certified in-home aide, approved child day
camp, licensed preschool program, licensed school child program,
or border state child care provider and the department of job and
family services. All contracts for publicly funded child care
shall be contingent upon the availability of state and federal
funds. The department shall prescribe a standard form to be used
for all contracts for the purchase of publicly funded child care,
regardless of the source of public funds used to purchase the
child care. To the extent permitted by federal law and
notwithstanding any other provision of the Revised Code that
regulates state contracts or contracts involving the expenditure
of state or federal funds, all contracts for publicly funded child
care shall be entered into in accordance with the provisions of
this chapter and are exempt from any other provision of the
Revised Code that regulates state contracts or contracts involving
the expenditure of state or federal funds.
(B) Each contract for publicly funded child care shall
specify at least the following:
(1) That the provider of publicly funded child care agrees to
be paid for rendering services at the lower of the rate
customarily charged by the provider for children enrolled for
child care or the reimbursement ceiling or rate of payment
established pursuant to section 5104.30 of the Revised Code;
(2) That, if a provider provides child care to an individual
potentially eligible for publicly funded child care who is
subsequently determined to be eligible, the department agrees to
pay for all child care provided between the date the county
department of job and family services receives the individual's
completed application and the date the individual's eligibility is
determined;
(3) Whether the county department of job and family services,
the provider, or a child care resource and referral service
organization will make eligibility determinations, whether the
provider or a child care resource and referral service
organization will be required to collect information to be used by
the county department to make eligibility determinations, and the
time period within which the provider or child care resource and
referral service organization is required to complete required
eligibility determinations or to transmit to the county department
any information collected for the purpose of making eligibility
determinations;
(4) That the provider, other than a border state child care
provider, shall continue to be licensed, approved, or certified
pursuant to this chapter and shall comply with all standards and
other requirements in this chapter and in rules adopted pursuant
to this chapter for maintaining the provider's license, approval,
or certification;
(5) That, in the case of a border state child care provider,
the provider shall continue to be licensed, certified, or
otherwise approved by the state in which the provider is located
and shall comply with all standards and other requirements
established by that state for maintaining the provider's license,
certificate, or other approval;
(6) Whether the provider will be paid by the state department
of job and family services or in some other manner as prescribed
by rules adopted under section 5104.42 of the Revised Code;
(7) That the contract is subject to the availability of state
and federal funds.
(C) Unless specifically prohibited by federal law or by rules
adopted under section 5104.42 of the Revised Code, the county
department of job and family services shall give individuals
eligible for publicly funded child care the option of obtaining
certificates that the individual may use to purchase services from
any provider qualified to provide publicly funded child care under
section 5104.31 of the Revised Code. Providers of publicly funded
child care may present these certificates for payment in
accordance with rules that the director of job and family services
shall adopt. Only providers may receive payment for certificates.
The value of the certificate shall be based on the lower of the
rate customarily charged by the provider or the rate of payment
established pursuant to section 5104.30 of the Revised Code. The
county department may provide the certificates to the individuals
or may contract with child care providers or child care resource
and referral service organizations that make determinations of
eligibility for publicly funded child care pursuant to contracts
entered into under section 5104.34 of the Revised Code for the
providers or resource and referral service organizations to
provide the certificates to individuals whom they determine are
eligible for publicly funded child care.
For each six-month period a provider of publicly funded child
care provides publicly funded child care to the child of an
individual given certificates, the individual shall provide the
provider certificates for days the provider would have provided
publicly funded child care to the child had the child been
present. The maximum number of days providers shall be provided
certificates shall not exceed ten days in a six-month period
during which publicly funded child care is provided to the child
regardless of the number of providers that provide publicly funded
child care to the child during that period.
Sec. 5104.35. (A) Each county department of job and family
services shall do all of the following:
(1) Accept any gift, grant, or other funds from either public
or private sources offered unconditionally or under conditions
which are, in the judgment of the department, proper and
consistent with this chapter and deposit the funds in the county
public assistance fund established by section 5101.161 of the
Revised Code;
(2) Recruit individuals and groups interested in
certification as in-home aides or in developing and operating
suitable licensed child day-care centers, type A family day-care
homes, or certified licensed type B family day-care homes,
especially in areas with high concentrations of recipients of
public assistance, and for that purpose provide consultation to
interested individuals and groups on request;
(3) Inform clients of the availability of child care
services.
(B) A county department of job and family services may, to
the extent permitted by federal law, use public child care funds
to extend the hours of operation of the county department to
accommodate the needs of working caretaker parents and enable
those parents to apply for publicly funded child care.
Sec. 5104.36. The licensee or administrator of a child
day-care center or, type A family day-care home, the authorized
provider of a certified or licensed type B family day-care home,
an in-home aide providing child care services, the director or
administrator of an approved child day camp, and a border state
child care provider shall keep a record for each eligible child,
to be made available to the county department of job and family
services or the department of job and family services on request.
The record shall include all of the following:
(A) The name and date of birth of the child;
(B) The name and address of the child's caretaker parent;
(C) The name and address of the caretaker parent's place of
employment or program of education or training;
(D) The hours for which child care services have been
provided for the child;
(E) Any other information required by the county department
of job and family services or the state department of job and
family services.
Sec. 5104.38. In addition to any other rules adopted under
this chapter, the director of job and family services shall adopt
rules in accordance with Chapter 119. of the Revised Code
governing financial and administrative requirements for publicly
funded child care and establishing all of the following:
(A) Procedures and criteria to be used in making
determinations of eligibility for publicly funded child care that
give priority to children of families with lower incomes and
procedures and criteria for eligibility for publicly funded
protective child care. The rules shall specify the maximum amount
of income a family may have for initial and continued eligibility.
The maximum amount shall not exceed two hundred per cent of the
federal poverty line. The rules may specify exceptions to the
eligibility requirements in the case of a family that previously
received publicly funded child care and is seeking to have the
child care reinstated after the family's eligibility was
terminated.
(B) Procedures under which a county department of job and
family services may, if the department, under division (A) of this
section, specifies a maximum amount of income a family may have
for eligibility for publicly funded child care that is less than
the maximum amount specified in that division, specify a maximum
amount of income a family residing in the county the county
department serves may have for initial and continued eligibility
for publicly funded child care that is higher than the amount
specified by the department but does not exceed the maximum amount
specified in division (A) of this section;
(C) A schedule of fees requiring all eligible caretaker
parents to pay a fee for publicly funded child care according to
income and family size, which shall be uniform for all types of
publicly funded child care, except as authorized by rule, and, to
the extent permitted by federal law, shall permit the use of state
and federal funds to pay the customary deposits and other advance
payments that a provider charges all children who receive child
care from that provider. The schedule of fees may not provide for
a caretaker parent to pay a fee that exceeds ten per cent of the
parent's family income.
(D) A formula for determining the amount of state and federal
funds appropriated for publicly funded child care that may be
allocated to a county department to use for administrative
purposes;
(E) Procedures to be followed by the department and county
departments in recruiting individuals and groups to become
providers of child care;
(F) Procedures to be followed in establishing state or local
programs designed to assist individuals who are eligible for
publicly funded child care in identifying the resources available
to them and to refer the individuals to appropriate sources to
obtain child care;
(G) Procedures to deal with fraud and abuse committed by
either recipients or providers of publicly funded child care;
(H) Procedures for establishing a child care grant or loan
program in accordance with the child care block grant act;
(I) Standards and procedures for applicants to apply for
grants and loans, and for the department to make grants and loans;
(J) A definition of "person who stands in loco parentis" for
the purposes of division (KK)(JJ)(1) of section 5104.01 of the
Revised Code;
(K) Procedures for a county department of job and family
services to follow in making eligibility determinations and
redeterminations for publicly funded child care available through
telephone, computer, and other means at locations other than the
county department;
(L) If the director establishes a different reimbursement
ceiling under division (E)(3)(d) of section 5104.30 of the Revised
Code, standards and procedures for determining the amount of the
higher payment that is to be issued to a child care provider based
on the special needs of the child being served;
(M) To the extent permitted by federal law, procedures for
paying for up to thirty days of child care for a child whose
caretaker parent is seeking employment, taking part in employment
orientation activities, or taking part in activities in
anticipation of enrolling in or attending an education or training
program or activity, if the employment or the education or
training program or activity is expected to begin within the
thirty-day period;
(N) Any other rules necessary to carry out sections 5104.30
to 5104.43 of the Revised Code.
Sec. 5107.60. In accordance with Title IV-A, federal
regulations, state law, the Title IV-A state plan prepared under
section 5101.80 of the Revised Code, and amendments to the plan,
county departments of job and family services shall establish and
administer the following work activities, in addition to the work
activities established under sections 5107.50, 5107.52, 5107.54,
and 5107.58 of the Revised Code, for minor heads of households and
adults participating in Ohio works first:
(A) Unsubsidized employment activities, including activities
a county department determines are legitimate entrepreneurial
activities;
(B) On-the-job training activities, including training to
become an employee of a child day-care center or type A family
day-care home, authorized provider administrator of a certified
licensed type B family day-care home, or in-home aide;
(C) Community service activities including a program under
which a participant of Ohio works first who is the parent,
guardian, custodian, or specified relative responsible for the
care of a minor child enrolled in grade twelve or lower is
involved in the minor child's education on a regular basis;
(D) Vocational educational training activities;
(E) Jobs skills training activities that are directly related
to employment;
(F) Education activities that are directly related to
employment for participants who have not earned a high school
diploma or high school equivalence diploma;
(G) Education activities for participants who have not
completed secondary school or received a high school equivalence
diploma under which the participants attend a secondary school or
a course of study leading to a high school equivalence diploma,
including LEAP participation by a minor head of household;
(H) Child-care service activities aiding another participant
assigned to a community service activity or other work activity. A
county department may provide for a participant assigned to this
work activity to receive training necessary to provide child-care
services.
Sec. 5153.175. (A) Notwithstanding division (H)(1) of section
2151.421, section 5153.17, and any other section of the Revised
Code pertaining to confidentiality, when a public children
services agency has determined that child abuse or neglect
occurred and that abuse or neglect involves a person who has
applied for licensure or renewal of licensure as a type A family
day-care home or certification or renewal of certification as a
type B family day-care home, the agency shall promptly provide to
the department of job and family services or to a county
department of job and family services any information the agency
determines to be relevant for the purpose of evaluating the
fitness of the person, including, but not limited to, both of the
following:
(1) A summary report of the chronology of abuse and neglect
reports made pursuant to section 2151.421 of the Revised Code of
which the person is the subject where the agency determined that
abuse or neglect occurred and the final disposition of the
investigation of the reports or, if the investigations have not
been completed, the status of the investigations;
(2) Any underlying documentation concerning those reports.
(B) The agency shall not include in the information provided
to the department or county department under division (A) of this
section the name of the person or entity that made the report or
participated in the making of the report of child abuse or
neglect.
(C) Upon provision of information under division (A) of this
section, the agency shall notify the department or county
department of both of the following:
(1) That the information is confidential;
(2) That unauthorized dissemination of the information is a
violation of division (H)(2) of section 2151.421 of the Revised
Code and any person who permits or encourages unauthorized
dissemination of the information is guilty of a misdemeanor of the
fourth degree pursuant to section 2151.99 of the Revised Code.
Section 120.02. That existing sections 109.57, 2151.011,
2919.227, 2923.124, 2923.126, 2923.1212, 2950.11, 2950.13,
3109.051, 3701.63, 3737.22, 3742.01, 3797.06, 4511.81, 5101.29,
5103.03, 5104.01, 5104.011, 5104.012, 5104.013, 5104.015,
5104.022, 5104.03, 5104.031, 5104.032, 5104.033, 5104.04,
5104.041, 5104.052, 5104.053, 5104.054, 5104.06, 5104.08, 5104.09,
5104.13, 5104.30, 5104.31, 5104.32, 5104.35, 5104.36, 5104.38,
5107.60, and 5153.175 of the Revised Code are hereby repealed.
Section 120.03. That sections 5104.014 and 5104.11 of the
Revised Code are hereby repealed.
Section 120.04. Sections 120.01, 120.02, and 120.03 of this
act take effect on January 1, 2014.
Section 610.10. That Sections 267.10.90, 267.50.30, and
283.20 of Am. Sub. H.B. 153 of the 129th General Assembly be
amended to read as follows:
Sec. 267.10.90. (A) Notwithstanding anything to the contrary
in section 3301.0710, 3301.0711, 3301.0715, or 3313.608 of the
Revised Code, the administration of the English language arts
assessments for elementary grades as a replacement for the
separate reading and writing assessments prescribed by sections
3301.0710 and 3301.0711 of the Revised Code, as those sections
were amended by Am. Sub. H.B. 1 of the 128th General Assembly,
shall not be required until a date prescribed by rule of the State
Board of Education. Until that date, the Department of Education
and school districts and schools shall continue to administer
separate reading assessments for elementary grades, as prescribed
by the versions of sections 3301.0710 and 3301.0711 of the Revised
Code that were in effect prior to the effective date of Section
265.20.15 of Am. Sub. H.B. 1 of the 128th General Assembly. The
intent for delaying implementation of the replacement English
language arts assessment is to provide adequate time for the
complete development of the new assessment.
(B) Notwithstanding anything to the contrary in section
3301.0710 of the Revised Code, the State Board shall not prescribe
the three ranges of scores for the assessments prescribed by
division (A)(2) of section 3301.0710 of the Revised Code, as
amended by Am. Sub. H.B. 1 of the 128th General Assembly, until
the Board adopts the rule required by division (A) of this
section. Until that date, the Board shall continue to prescribe
the five ranges of scores required by the version of section
3301.0710 of the Revised Code in effect prior to the effective
date of Section 265.20.15 of Am. Sub. H.B. 1 of the 128th General
Assembly, and the following apply:
(1) The range of scores designated by the State Board as a
proficient level of skill remains the passing score on the Ohio
Graduation Tests for purposes of sections 3313.61, 3313.611,
3313.612, and 3325.08 of the Revised Code;
(2) The range of scores designated as a limited level of
skill remains the standard for applying the third-grade reading
guarantee under division (A) of section 3313.608 of the Revised
Code;
(3) The range of scores designated by the State Board as a
proficient level of skill remains the standard for the summer
remediation requirement of division (B)(2) of section 3313.608 of
the Revised Code.
(C) Not later than December 31, 2013, the State Board shall
submit to the General Assembly recommended changes to divisions
(A)(2) and (3) of section 3301.0710 of the Revised Code necessary
to successfully implement the common core curriculum and
assessments in the 2014-2015 school year.
(D) This section is not subject to expiration after June 30,
2013, under Section 809.10 of this act.
Sec. 267.50.30. PROHIBITION FROM OPERATING FROM HOME
No A community school established under Chapter 3314. of the
Revised Code that was not open for operation as a community school
as of May 1, 2005,
shall may operate from a or in any home, as
defined in section 3313.64 of the Revised Code, located in the
state, regardless of when the community school's operations from
or in a particular home began.
Sec. 283.20. STATEHOUSE NEWS BUREAU
The foregoing appropriation item 935401, Statehouse News
Bureau, shall be used solely to support the operations of the Ohio
Statehouse News Bureau.
OHIO GOVERNMENT TELECOMMUNICATIONS SERVICES
The foregoing appropriation item 935402, Ohio Government
Telecommunications Services, shall be used solely to support the
operations of Ohio Government Telecommunications Services which
include providing multimedia support to the state government and
its affiliated organizations and broadcasting the activities of
the legislative, judicial, and executive branches of state
government, among its other functions.
The foregoing appropriation item 935409, Technology
Operations, shall be used by eTech Ohio to pay expenses of eTech
Ohio's network infrastructure, which includes the television and
radio transmission infrastructure and infrastructure that shall
link all public K-12 classrooms to each other and to the Internet,
and provide access to voice, video, other communication services,
and data educational resources for students and teachers. The
foregoing appropriation item 935409, Technology Operations, may
also be used to cover student costs for taking advanced placement
courses and courses that the Chancellor of the Board of Regents
has determined to be eligible for postsecondary credit through the
OhioLearns Gateway. To the extent that funds remain available for
this purpose, students who are enrolled in public school students
and chartered nonpublic schools, and students who are instructed
at home pursuant to section 3321.04 of the Revised Code, who are
taking advanced placement or postsecondary courses through the
OhioLearns Gateway shall be eligible to receive a fee waiver to
cover the cost of participating in one course. The fee waivers
shall be distributed until the funds appropriated to support the
waivers have been exhausted.
CONTENT DEVELOPMENT, ACQUISITION, AND DISTRIBUTION
The foregoing appropriation item 935410, Content Development,
Acquisition, and Distribution, shall be used for the development,
acquisition, and distribution of information resources by public
media and radio reading services and for educational use in the
classroom and online.
Of the foregoing appropriation item 935410, Content
Development, Acquisition, and Distribution, up to $658,099 in each
fiscal year shall be allocated equally among the 12 Ohio
educational television stations and used with the advice and
approval of eTech Ohio. Funds shall be used for the production of
interactive instructional programming series with priority given
to resources aligned with state academic content standards in
consultation with the Ohio Department of Education and for
teleconferences to support eTech Ohio. The programming shall be
targeted to the needs of the poorest two hundred school districts
as determined by the district's adjusted valuation per pupil as
defined in former section 3317.0213 of the Revised Code as that
section existed prior to June 30, 2005.
Of the foregoing appropriation item 935410, Content
Development, Acquisition, and Distribution, up to $1,749,283 in
each fiscal year shall be distributed by eTech Ohio to Ohio's
qualified public educational television stations and educational
radio stations to support their operations. The funds shall be
distributed pursuant to an allocation formula used by the Ohio
Educational Telecommunications Network Commission unless a
substitute formula is developed by eTech Ohio in consultation with
Ohio's qualified public educational television stations and
educational radio stations.
Of the foregoing appropriation item 935410, Content
Development, Acquisition, and Distribution, up to $199,712 in each
fiscal year shall be distributed by eTech Ohio to Ohio's qualified
radio reading services to support their operations. The funds
shall be distributed pursuant to an allocation formula used by the
Ohio Educational Telecommunications Network Commission unless a
substitute formula is developed by eTech Ohio in consultation with
Ohio's qualified radio reading services.
Section 610.11. That existing Sections 267.10.90, 267.50.30,
and 283.20 of Am. Sub. H.B. 153 of the 129th General Assembly are
hereby repealed.
Section 610.20. That Section 267.60.23 of Am. Sub. H.B. 153
of the 129th General Assembly and Section 265.20.15 of Am. Sub.
H.B. 1 of the 128th General Assembly are hereby repealed.
Section 733.10. Not later than June 20, 2013, the Department
of Education shall conduct a study of the licensure requirements
for educational staff responsible for the development of
informational sources for the support of curriculum and literacy
development in schools. The Department and the State Board of
Education shall use the study to make any necessary updates or
revisions to the licensure requirements for those staff.
Section 733.15. Not later than ninety days after the
effective date of this section, the Department of Education shall
make available on its web site a copy of every approved, executed
contract that was filed with the Superintendent of Public
Instruction under section 3314.03 of the Revised Code before the
effective date of this section.
Section 733.30. The State Board of Education and the Early
Childhood Advisory Council, in consultation with the Governor's
Office of 21st Century Education, jointly shall develop
legislative recommendations regarding the state's policies on
literacy education for individuals from birth through third grade,
with the goal of increasing kindergarten readiness, reading
proficiency in kindergarten through third grade, and increasing
school success and college- and career-readiness for Ohio's
children. The State Board of Education and the Early Childhood
Advisory Council shall submit the recommendations to the Governor
and the General Assembly, in accordance with section 101.68 of the
Revised Code, not later than February 28, 2013. The
recommendations shall address all of the following:
(A) Alignment of the state's policies and resources for
reading readiness and proficiency from birth through third grade,
including literacy standards, evidence-based curricula,
professional development, instructional practices, and assessments
to reduce early learning difficulties and to ensure third grade
reading proficiency;
(B) Identification of birth through kindergarten entry
strategies that reduce the kindergarten readiness gap, increase
literacy success throughout the K-12 continuum, and increase
college- and career-readiness;
(C) Recommendations for implementing reading proficiency
strategies.
Section 733.40. Not later than December 31, 2012, the
Superintendent of Public Instruction and the Governor's Director
of 21st Century Education shall issue a report to the Governor and
the General Assembly, in accordance with section 101.68 of the
Revised Code, on the ability of the Ohio Department of Education
to reprioritize state and federal funds appropriated or allocated
to the Department, in order to identify additional funds that may
be used to support the assessments and interventions associated
with the third grade reading guarantee prescribed by section
3313.608 of the Revised Code. The Superintendent and the Director
shall examine all available sources of funding, including Title I
of the "Elementary and Secondary Education Act of 1965," 20 U.S.C.
6301 et seq.; Title III, Part A, of the "No Child Left Behind Act
of 2001," 20 U.S.C. 6811, et seq.; and the "Enhancing Education
Through Technology Act of 2001," 20 U.S.C. 6751.
Section 733.60. The General Assembly intends to enact a law,
not later than December 31, 2012, that establishes a battery of
measures to be used to rate the performance of the sponsors of
community schools established under Chapter 3314. of the Revised
Code and to determine whether an entity may sponsor additional
community schools under that chapter.
Section 733.70. The Department of Education shall conduct a
second Educational Choice Scholarship application period for the
2012-2013 school year to award scholarships to eligible students
who were enrolled in a nonpublic school in the 2011-2012 school
year that was granted a charter by the State Board of Education
during the 2011-2012 school year. The second application period
shall commence on the effective date of this section and shall end
at the close of business of the first business day that is at
least thirty days after the effective date of this section. A
student is an eligible student if an application is timely
submitted under this section and the student meets the eligibility
standards of division (B) of section 3310.031 of the Revised Code.
Notwithstanding section 3310.10 of the Revised Code, a scholarship
awarded during the second application period shall be used in the
2012-2013 school year only to pay tuition at the nonpublic school
in which the eligible student was enrolled in the 2011-2012 school
year.
Section 733.81. Notwithstanding the deadline prescribed in
division (G)(2) of section 3301.0711 of the Revised Code, for the
achievement assessments administered under that section for the
2012-2013 school year, the Department of Education, or an entity
with which the Department contracts for the scoring of the
assessments, shall send to each school district board a list of
the individual scores of all persons taking an assessment
prescribed by division (A)(1) or (B)(1) of section 3301.0710 of
the Revised Code within seventy-five days after its
administration, but in no case shall the scores be returned later
than June 15, 2013.
Section 733.91. The Department of Education shall notify each
school district and community school established under Chapter
3314. of the Revised Code of the requirement of section 3323.19 of
the Revised Code that students with disabilities undergo a
comprehensive eye examination.
Not later than December 31, 2013, the Department shall issue
a report on the compliance of school districts and community
schools with the requirement to have students with disabilities
undergo a comprehensive eye examination in accordance with section
3323.19 of the Revised Code. For the report, the Department shall
collect data from each school district and community school for
the 2012-2013 school year on the total number of students enrolled
in the district or school who were subject to the requirement to
undergo a comprehensive eye examination and the total number of
those students who received the examination, as verified by
documentation received by the district or school. The Department
shall provide copies of the report to the Governor, the Speaker
and Minority Leader of the House of Representatives, the President
and Minority Leader of the Senate, and the chairpersons and
ranking minority members of the House and Senate education
committees.
Section 751.10. The Revised Code section cited in the
Administrative Code as the authority for any rules adopted under
Chapter 5104. of the Revised Code shall be deemed to be the
Revised Code section as renumbered by Section 101.01 of this act.
The Director of Job and Family Services is not required to amend
any rule previously adopted under Chapter 5104. of the Revised
Code for the sole purpose of changing the citation of the Revised
Code section that authorizes the rule.
Section 751.20. The Revised Code sections cited in the
Administrative Code as the authority for any rules adopted under
Chapter 5104. of the Revised Code shall be deemed to be the
Revised Code sections as renumbered by Section 120.01 of this act.
The Director of Job and Family Services is not required to amend
any rules previously adopted under Chapter 5104. of the Revised
Code for the sole purpose of changing the citation of the Revised
Code section that authorizes the rule.
Section 751.30. On January 1, 2014, a person who is
operating a type B family day-care home certified pursuant to
section 5104.11 of the Revised Code, as that section existed on
December 31, 2013, shall be issued a license to operate a type B
family day-care home pursuant to section 5104.03 of the Revised
Code as amended by this act. The Department of Job and Family
Services shall adopt rules establishing a plan to facilitate the
transition of type B homes from certification to licensure. The
rules shall be adopted in accordance with Chapter 119. of the
Revised Code.
Section 763.10. The Office of Workforce Transformation is
authorized to create a web site to help link energy companies with
trained workers and to provide information on industry compatible
curriculum and training. The Office of Workforce Transformation is
also authorized to work with veterans to match training and skills
to needed jobs in industries, including to the oil and gas
industry.
Section 806.10. The items of law contained in this act, and
their applications, are severable. If any item of law contained in
this act, or if any application of any item of law contained in
this act, is held invalid, the invalidity does not affect other
items of law contained in this act and their applications that can
be given effect without the invalid item of law or application.
Section 812.10. Sections subject to referendum: general
effective date. Except as otherwise provided in this act, the
amendment, enactment, or repeal by this act of a section is
subject to the referendum under Ohio Constitution, Article II,
Section 1c and therefore takes effect on the ninety-first day
after this act is filed with the Secretary of State.
Section 812.11. Sections subject to referendum: special
effective dates. The amendment, enactment, or repeal by this act
of the following sections is subject to the referendum under Ohio
Constitution, Article II, Section 1c and therefore takes effect on
the ninety-first day after this act is filed with the Secretary of
State or on the date specified below, whichever is later:
Section 751.20 of this act takes effect January 1, 2014.
Section 815.10. Section 4301.20 of the Revised Code is
presented in this act as a composite of the section as amended by
both Am. Sub. H.B. 114 and S.B. 73 of the 129th General Assembly.
The General Assembly, applying the principle stated in division
(B) of section 1.52 of the Revised Code that amendments are to be
harmonized if reasonably capable of simultaneous operation, finds
that the composite is the resulting version of the section in
effect prior to the effective date of the section as presented in
this act.